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SR-103-001 (3)~i~~ . . City Council Report ~ c~cy os 5anta Monica CityCouncil Meeting: December 5, 2006 Agenda item: ~ To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Adoption of Resolution Preserving the Classified Status of City Employees in the City Clerk's Office Other than the Assistant City Clerk Recommended Action Staff recommends that the City Council adopt the attached resolution preserving the classified status of City employees in the City Clerk's Office other than the Assistant City Clerk. Executive Summary As explained in the Information Item posted on October 31, 2006, Proposition U provides that the status of City workers in the City Clerk's Office will be changed from "classified" to "unclassified" "unless the City Council by resolution determines otherwise." Through a bargaining unit, workers in the City Clerk's Office have expressed concern about this change. They note that it would affect their disciplinary appeal rights and contend that it was improperly undertaken without fulfilling "meet and confer" requirements. Accordingly, staff recommends adopting the attached resolution which would preserve the employees' current status and rights, except for the Assistant City Clerk, whose position would become unclassified pursuant to Proposition U. 1 Discussion Staff has considered concerns expressed by the bargaining unit's attorney and has reviewed the history of the formulation of the ballot proposal. As to the City Clerk's Office, the proposed change was intended to facilitate opportunities for employees and expedite hiring. The City Clerk discussed the proposed change with the affected employees several times, addressing both the benefits and burdens of the proposed change. No "meet and confer" session was requested. Nonetheless, in view of the bargaining unit's concerns and claims, staff does not object to maintaining the employees' current status. Therefore, the attached resolution is recommended. It would preserve employees' current status and rights, except for the Assistant City Clerk. Her position would become unclassified pursuant to Proposition U. Alternatives The Council could modify the attached resolution to include the Assistant City Clerk. However, both the City Clerk and Assistant recommend that Proposition U be implemented as to the Assistant's position, and her bargaining unit does not object. Additionally, the Council could direct staff to prepare an ordinance which would have the effect of codifying the substance of the proposed resolution. The bargaining unit requests this change as providing additional protection to members. 2 Budget/Financial Impact Adopting the attached resolution would have no direct financial impact. Prepared by: Marsha Jones Moutrie, City Attorney Approved: Forwarded to Council: e erence eso u ~ o n o. .