HomeMy WebLinkAboutHR City Clerk 2018 Vacancy____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 9-3-14 x 7-3-2
Council Meeting: 1/16/2018
Disposition: Resolution 14447
Agenda Item No: 4.a
Meeting Date: January 16, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Stacey Peterson, Director of HR
City Manager Approval: ______________
TOPIC: City Clerk Position Changes
SUBJECT: Appoint Interim City Clerk, Adopt Resolution Amending and Restating
Compensation and Working Conditions for the Elected City Clerk and
Elected Part Time City Attorney (July 1, 2016 Through June 30, 2018);
and Call for Applications for City Clerk to Fill the Unexpired Five-Year
Term that will End December 7, 2020
RECOMMENDATION:
It is recommended that the San Rafael City Council:
1. Acknowledge and accept the retirement of Esther Beirne, City Clerk, effective January 15,
2018.
2. Appoint Deputy City Clerk Lindsay Lara as the Interim City Clerk to temporarily discharge
the duties of the Office until such time as the vacancy is filled by appointment to complete
the unexpired term of office through December 7, 2020.
3. Adopt the Resolution Amending and Restating the Compensation and W orking Conditions
for the Elected City Clerk and Elected Part Time City Attorney (July 1, 2016 through June
30, 2018)
4. Call for applications to fill the unexpired five-year term of the City Clerk within 60 days.
BACKGROUND:
City Clerk, Esther Beirne, requested to retire from the Office of City Clerk effective January 15,
2018. The City Clerk five-year term continues until December 7, 2020.
ANALYSIS:
According to Article VI, Section 6 of the City Charter, the City Council must make an
appointment within sixty (60) days of any vacancy in the elective office, or in the alternative, call
for a special election to fill the remainder of the term of the vacant office. The Charter indicates
that if a vacant seat occurs within the first two years of the term of office, the interim
appointment or election term shall be until the next general municipal election, and if the
vacancy occurs during the third or fourth years, the appointment or election term shall be for the
remaining unexpired term. The City Clerk’s term expires concurrently with the next general
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
municipal election in 2020, so an appointment or election will be for a term to expire in 2020.
As noted, a City Clerk appointee will hold office for the unexpired term until December 7, 2020.
Staff recommends that the City Council fill the City Clerk vacancy by appointment and, to meet
the 60-day deadline, that the call for applications be expedited. Staff further recommends that
the Council name Deputy City Clerk Lindsay Lara as Interim City Clerk to discharge the duties
of the office until an appointment can be made to fulfill the Clerk’s remaining term.
Currently, the City Clerk salary consists of one salary step (i.e., $10,171 monthly) and staff
recommends that a salary range be established to allow the City Council to set the salary within
this range upon appointment to the position based on the extent of experience and
qualifications that the selected candidate has. Staff recommends that four additional steps be
added to the salary range with 5 percent between salary steps, to be consistent with other City
salary schedules. The recommended salary range is as follows:
Position A B C D E
City Clerk $ 8,368 $ 8,786 $ 9,225 $ 9,687 $ 10,171
The resolution attached to this report would make the recommended salary change and restate
the remainder of the existing resolution setting the City Clerk’s and City Attorney’s
compensation and working conditions.
The following are staff’s next steps in the call for applications process:
1. Set the deadline for receipt of applications for Wednesday, January 31, 2018, at 5:00 p.m.
2. Utilize a Council subcommittee to screen candidates to the most qualified the week of
February 5.
3. Conduct a Special Meeting the week of February 12, 2018, to interview the most qualified
candidates at a date and time to be determined.
4. Appoint the City Clerk at the regular City Council Meeting on March 5, 2018.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
ACTION:
Approve staff recommendations and adopt the Resolution Establishing the Compensation and
Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2016
through June 30, 2018).
ATTACHMENTS:
• Resolution Amending and Restating the Compensation and Working Conditions for the
Elected City Clerk and Elected Part Time City Attorney (July 1, 2016 through June 30,
2018)
• Draft Recruitment Brochure Explaining Application Process
• Excerpt from the San Rafael City Charter
RESOLUTION NO. 14447
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING AND RESTATING
THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND
ELECTED PART TIME CITY ATTORNEY (JULY 1, 2016 THROUGH JUNE 30, 2018)
WHEREAS, the City Council adopted Resolution 14198 on September 19, 2016, pertaining to the
compensation and working conditions for the elected City Clerk and elected part time City Attorney (July
1, 2016 through June 30, 2018); and
WHEREAS, the Council would like to amend Section 1.a) of Resolution 14198 to change the
terms of the compensation for the City Clerk to provide, effective on January 16, 2018, that the monthly
salary schedule shall consist of five salary steps as set forth in this Resolution; and
WHEREAS, for public transparency and convenience, the Council would like to have the
amended City Clerk’s compensation and working conditions all listed in one resolution; and
WHEREAS, except as specifically amended, this Resolution reaffirms and restates the contents
of Resolution 14198 and constitutes the full compensation and conditions of employment for the elected
City Clerk and elected part-time City Attorney for the period from July 1, 2016 through June 30, 2018.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby
amends and restates the compensation and working conditions for the Elected City Clerk and Elected Part
Time City Attorney (July 1, 2016 through June 30, 2018) as follows:
1. SALARY
a) Salary Increase
Effective the pay period including July 1, 2016, the City shall provide a 2.0% increase to the salary
for the City Clerk and City Attorney in accordance with the chart below.
Effective the pay period including July 1, 2017, the City will provide a 2.0% increase to the salary
for the City Clerk and City Attorney in accordance with the chart below.
MONTHLY SALARY
Effective Date City Attorney City Clerk
July 1, 2016 $10,341 $9,972
July 1, 2017 $10,548 $10,171
Effective January 16, 2018, the City Clerk monthly salary schedule shall consist of five salary steps:
Step A B C D E
City Clerk $ 8,368 $ 8,786 $ 9,225 $ 9,687 $ 10,171
b) One-Time Payment
The City Clerk and City Attorney will receive a Health Cost Increase Offset payment in the
amount of $2,500, split as follows: $1,250 will be paid in the second paycheck in September
2016, and $1,250 will be paid in September 2017. This one-time payment will not be included in
the Full Flex Cafeteria Plan, will not contribute to employees’ pensions, is subject to normal
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payroll taxation and may be used by each elected official to address their own unique health care
cost needs.
This payment is limited to the two years cited in the resolution and is not scheduled to recur in
the future.
c) Car Allowance
An incumbent who holds the City Clerk’s office is eligible to receive a monthly car allowance of
$350.
2. INSURANCE
a) Health Insurance Effective January 1, 2009, the City implemented a full flex cafeteria plan for
active employees, in accordance with IRS Code Section 125. Active employees participating in the
City’s full flex cafeteria plan, including the City Clerk and City Attorney, shall receive a monthly flex
dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance effective the paycheck of December 15, 2015 shall be:
For employee only: $ 618.49
For employee and one dependent: $1,236.97
For employee and two or more dependents: $1,608.07
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by
the healthcare component of the Consumer Price Index (CPI) as determined by CalPERS on an
annual basis. The increase to flex dollar allowances shall not exceed 3% for any given year.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care
Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the
monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The
balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be
used in accordance with the terms of the cafeteria plan to purchase health benefits or may be
converted to taxable income.
Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance
coverage and receive the value of the Employee Only contribution as a monthly Opt -Out
payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the
employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for
whom coverage is waived, have alternative Minimum Essential Coverage as defined by the
Patient Protection and Affordable Care Act through a provider other than a federal
marketplace, a state exchange, or an individual policy.
2) During the City’s annual open enrollment period, the employee must complete an annual
written attestation confirming that the employee and the other members of the employee’s tax
family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify
the City no later than 30 days if the employee or other member(s) of the employee’s tax
family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional
opt-out payments if the City learns that the employee and/or members of the employee’s
family do not have the alternative Minimal Essential Coverage.
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The City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal
and/or California agency guidance.
Miscellaneous Allowance for Employees hired on or before January 1, 2009:
The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in
an amount equivalent to the difference between the employee’s benefit election for coverage
under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds
their flex dollar allowance. The miscellaneous allowance shall be treated as income. An
employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as
defined under the City’s Cafeteria plan.
b) Health Insurance for Retirees
i) Elected or Appointed officials placed into office prior to April 1, 2007 and who retire from
the Marin County Employees’ Retirement Association (MCERA) within 120 days of leaving their
City of San Rafael elected position of City Clerk or City Attorney (and who comply with the
appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue
in the City’s group health insurance program and receive the PEMHCA minimum contribution as
determined by CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference
between the PEMHCA minimum contribution and the premium cost of coverage for the retiree,
the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined
by PEMHCA) capped at the contribution the City makes towards the health coverage of an active
City Attorney or City Clerk. The City‘s longevity contribution shall remain in effect during the
lifetime of the retired City Attorney and City Clerk and their spouse/registered domestic partner or
surviving spouse/registered domestic partner.
As described in this subsection, the City shall reimburse retired elected or appointed officials and
their spouses or registered domestic partners the Medicare Part B standard premium amount, as
determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To
initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums
to the Human Resources Department. If the Medicare Part B is deducted from social security,
the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare
Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly
basis. This reimbursement shall remain in effect for the retired elected or appointed official’s life
and that of the retired elected or appointed officials spouse/registered domestic partner or
surviving spouse/registered domestic partner.
ii) Elected or Appointed officials placed into office on or after April 1, 2007 and who retire
from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving
their City of San Rafael elected position of City Clerk or City Attorney (and comply with the
appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue
in the City’s group health insurance program. The City’s contribution towards the coverage of
retirees under this subsection shall be the PEMHCA minimum contribution as determined by
CalPERS on an annual basis.
Longevity Payments: The City shall make a longevity payment equivalent to the difference
between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for
the retiree. The City shall not be responsible for making any contributions towards the cost of
coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity
contribution shall cease upon the retired City Attorney or City Clerk’s death.
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iii) Elected or Appointed officials placed into office on or after January 1, 2009
Elected or Appointed officials placed into office on or after January 1, 2009, and who retire from
the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their
City of San Rafael position (and comply with the appropriate retirement provisions under the
MCERS laws and regulations) are eligible to continue in the City’s group health insurance
program. The City’s contribution towards the coverage of retirees under this subsection shall be
the PEMHCA minimum contribution as determined by CalPERS on an annual basis.
c) Life Insurance. The City shall provide a basic group life insurance plan in the amount of $250,000
at no cost to the employee.
d) Disability Insurance. The City shall provide long term disability (LTD) insurance, at no cost to the
City Clerk/City Attorney, with a benefit of two-thirds (2/3) of their respective monthly salaries, up to a
maximum benefit of $7500 (reduced by any deductible benefits).
e) Dental Insurance. The City shall make available to all employees an additional flex dollar
allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The
City shall pay dental premiums on behalf of the City Clerk/City Attorney and eligible dependents.
f) Vision Plan. The City will contract for and pay for a vision plan for “employee plus dependent” vision
benefits.
g) Gym Reimbursement. The City Clerk and City Attorney are eligible to receive up to $16.50 per
month reimbursement for paid gym memberships. Such reimbursement shall be reported as
taxable income to the employee.
3) RETIREMENT
a) Retirement Plan. The City shall provide the Marin County Employee Retirement Association 2.7%
@ 55 retirement program to the City Clerk and City Attorney, subject to Marin County Employee
Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on
an employee’s single highest year of compensation.
Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula
2% at 55, calculated based on the average of their three highest years of compensation, in
accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2%
COLA. Minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as “new members” of
MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be
enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible
for paying the employee contribution of half of the total normal cost of the plan, as defined by
MCERA, through a payroll deduction. Final compensation will be based upon the highest annual
average compensation earnable during the thirty-six (36) consecutive months of employment
immediately preceding the effective date of his or her retirement or some other period designated
by the retiring employee.
b) Employer Paid Member Contribution (EPMC). The City Clerk and City Attorney are responsible
for the full cost of their own employee contribution rate as established by MCERA.
Effective September 1, 2013, in accordance with MCERA and City administrative requirements,
the City Attorney and City Clerk will pay an additional contribution of one percent (1%) of
pensionable compensation toward the normal cost of pension provided by the Marin County
Employees Retirement Association, in addition to the current employee contribution towards
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pension as determined by MCERA. The only employees excluded from this payment are long-
term City employees with thirty or more years of City service who no longer have to pay any
employee contribution to the Marin County Retirement System.
c) COLA. Participating members in the Marin County Employee Retirement Association will pay their
full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement
Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions
(currently 50% of the COLA is charged to members as defined in the 1937 Act).
d) Management Allowance. As of September 16, 2015 the Management Allowance of 4.59% was
rolled into base pay for the City Clerk and City Attorney.
I, LINDSAY LARA, Interim Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City the 16th day
of January 2018 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
____________________________________
LINDSAY LARA, INTERIM CITY CLERK
www.cityofsanrafael.org
CITY CLERK
$8,368 – $10,171 MONTHLY
$100,416 - $122,052 ANNUALLY
DOQ/DOE
Do you have a forward-thinking mindset?
Do you want to work where staff is encouraged to reduce bureaucracy and take reasonable risks?
Do you want to make a difference in the San Rafael community?
THE IDEAL CANDIDATE:
The City of San Rafael is seeking a candidate to fill to the unexpired City Clerk term through December 7, 2020 .
The ideal candidate will be a proven leader well versed in Federal, State, and Local laws and modern management
practices. It is essential the selected individual have a reputation of ethical, impartial and unbiased decision
making. Previous experience as a City Clerk, Deputy City Clerk or related position is desired.
The successful candidate will be a skilled communicator who can effectively relay information concerning the
Department’s goals, objectives and needed resources. The new City Clerk will be a creative problem solver,
accessible to the public, responsive, sensitive to the needs of a culturally diverse community, demonstrate
accountability for the services provided by the Department, and be committed to making Department services
easier for the public to access. The selected candidate will be dedicated to 21 st Century and legally compliant
practices, encourage quality products, exceptional customer service and be an active community participant.
THE CITY AND DEPARTMENT:
The City of San Rafael is a full-service municipal agency with a City Council/City Manager form of government
which has more than 400 employees, 57,000 residents and an annual budget of $110 million for FY 2017-18. San
Rafael has an elected Mayor and four elected City Council Members who serve four year terms. The City Attorney
and City Clerk are also elected, and serve four year terms.
The vision of the City is to be a vibrant economic and cultural
center reflective of its diversity. The City has an engaged,
supportive and innovative City Council. The City Clerk’s
Department is the link between the public, City Council and
City departments, providing support services and access to
government in an accurate, transparent and efficient manner
with a focus on customer service. With 1 full time Deputy
City Clerk employee, the Department manages a 2017-18
budget of nearly $600,000.
C A R E E R O P P O R T U N I T Y
www.cityofsanrafael.org
THE JOB:
The City Clerk has decided to retire, after 10 years in office and with the unexpired term of
office, an appointment must be made by City Council within 60 days. The unexpired term will
continue until December 7, 2020.
The City Clerk performs a variety of professional and administrative duties in accordance with
the Elections Code, Public Records Act, Political Reform Act, Brown Act, Municipal Code and
the City Charter. The City Clerk is responsible for:
City Council Support—Managing and processing follow-up of all items approved by the
City Council and coordinating with various agencies, departments and timelines.
Elections Administration—Overseeing the administration of municipal elections
according to the Elections Code, including processing of candidate statements, ballot
measures, petitions, arguments, impartial analyses, campaign reporting and legal
advertising.
Campaign Requirements—Assists candidates and elected officials in meeting filing
requirements / deadlines
Records Management—Manages the retention and retrieval of official documents,
ensuring compliance with the Public Records Act.
Fair Political Practices Commission Compliance—Acts as filing official, per the Political
Reform Act, for City Council Boards and Commissions, 87,200 filers and designated
employees.
Department Goals and Objectives—Manages the development and implementation of
Department goals, objectives, policies, and priorities to be aligned with the citywide
strategic plan initiatives.
Boards and Commission Recruitments—Administers the opening, notification,
application, interviewing and appointment process for Board and Commission
vacancies.
Bid / Contract Management—Administers the bid process and contract management by
notifying, receiving, opening and executing bid documents.
Department Efficiency and Effectiveness—Continuously monitors and evaluates the
efficiency and effectiveness of service delivery methods and procedures; assesses and
monitors work load, administrative and technology systems, identifies opportunities
for improvement and directs the implementation of changes.
Department Representation—Represents the Department to other City departments,
elected officials and outside agencies; explains and justifies department policies and
activities; negotiates and resolves sensitive, significant and controversial issues.
Department Budget—Manages and participates in the development and administration
of the department budget; directs the monitoring of and approves expenditures;
directs the preparation of and implements budgetary adjustments as necessary;
establishes, within City policy, appropriate service and staffing levels; and allocates
resources accordingly.
Committee Representation—Participates on a variety of committees, attends and
participates in professional group meetings, and stays current on new legislation,
trends, and innovations in the field.
REQUIREMENTS OF OFFICE:
The position requires you to be a resident of San Rafael.
The City of San Rafael offers an attractive compensation and benefits program. The salary range for this position
is $100,416 - $122,052 annually, DOQ/DOE, and a competitive benefits program including:
• Retirement: The City is a part of the Marin County Employees Retirement Association (MCERA) plan, which
offers reciprocity between agencies in CalPERS (this is part of the 37 Act County System);
Classic employees - 2% @ 55 formula, highest 3 year average compensation
PEPRA employees - hired after 1/1/13 or Classic employee with 6 month break in service are eligible
for a 2%@62 formula, highest 3 year average compensation
• Health Insurance: Full flex cafeteria plan which can be applied to a health plan or converted to cash
($653.61 employee only; $1,307.20 employee +1; $1,699.38 family level; or opt-out payment of $653.61)
• Life and Long Term Disability Insurance: $150,000 basic life; LTD is two-thirds of salary, up to $7,500/month
• Dental and Vision Insurance (up to family coverage)
• Deferred Comp (employee option)
• And more (contact the recruiter for more benefits details)
COMPENSATION & BENEFITS
SUPPLEMENTAL QUESTIONS:
In addition to submitting a cover letter and a
detailed resume with your online application, please
submit a written response to the following
questions:
1. Describe your experience/background as it
relates to the City Clerk position. How has your
experience and background prepared you for
this role?
2. What strengths or characteristics do you bring to
the position that will enable you to effectively
engage our culturally diverse community, as well
as the youth population?
3. Why are you interested in being the next City
Clerk of San Rafael and would you plan to run for
election at the end of the appointment? Include
whether you are a resident in your response.
RECRUITER CONTACT:
Rhonda Castellucci, HR Representative
rhonda.castellucci@cityofsanrafael.org
415-485-3474 (direct)
SELECTION PROCESS:
The process may include a panel interview, and
possibly other related test components. Only those
candidates who have the best combination of
qualifications in relation to the requirements and
duties of the position will continue in the selection
process.
HOW TO APPLY: Apply by
January 31, 2018 by 5:00 p.m.
• Apply online at www.calopps.org
• You must submit a completed application,
including cover letter and resume (system
requires you to attach as one PDF document).
Responses to supplemental questions are
required.
TIMELINE:
• Interviews are tentatively scheduled for the
week of February 12th; please hold these
dates on your calendar.
• Finalists may be invited back for interviews on a
subsequent date.
The City of San Rafael is an Equal Opportunity
Employer.
www.cityofsanrafael.org
Section 6. - VACANCIES.
Any vacancy occurring in the elective office of members of the board of education shall be filled by
appointment by the board of education by a majority vote thereof. Any vacancy occurring in any other
elective office shall be filled by appointment by the council by a majority vote of the remaining members of
the council.
If the council or board of education fails for a period of sixty days after any such vacancy to fi ll the
same, it shall immediately call an election to be held to fill the vacancy. If such vacancy is created within
the first two years of the term of office of the seat vacated, said appointment or election shall be until the
next general municipal election. At the said next general municipal election, the term of office of the
person so elected shall be for a period of two years.
If said vacancy is created in the third or fourth years of the term of office of the seat vacated, said
appointment or election shall be for the unexpired term of the office so filled.
(Assembly Concurrent Resolution No. 121, August 20, 1973: Senate Concurrent Resolution No. 46,
May 31, 1967.)
Section 7. - WHAT CONSTITUTES A VACANCY.
A vacancy shall exist in any office when the person elected or appointed thereto fails to qualify, dies,
resigns, is removed from office, ceases to be a resident of the city or absents himself continuously
therefrom for a period of more than sixty days without permission from the council, is convicted of a
felony, or of a misdemeanor connected with his duties in office, is judicially determined to be incompetent,
forfeits his office under any provision of this charter or is removed from office by judicial proceeding.
Section 8. - QUALIFICATIONS OF OFFICERS.
No person shall be eligible to hold any elective off ice in said city of San Rafael unless he be a
resident and elector therein, and shall have resided in said city for one year next preceding the date of
such election.
(Assembly Concurrent Resolution No. 121, August 20, 1973: Senate Concurrent Resolution N o. 68,
May 14, 1951.)