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HomeMy WebLinkAboutStaff Report 360-10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE: September 20, 2010 CMR:360:10 REPORT TYPE: ACTION ITEM SUBJECT: Approval of Recruitment for Acting City Auditor RECOMMENDA nON Council Appointed Officers Committee (CAO Committee) recommends that City Council direct staff to conduct an outreach to identify candidates for Acting City Auditor. DISCUSSION On September 7, 20 I 0, the CAO Committee recommended that staff conduct a "swift and efficient" outreach to identify someone who can serve as acting City Auditor during the six month period when the current City Auditor will be on leave from October 18, 20 I 0 to April 17,2011. During this time period of the requested .leave, the City Auditor's Offlce has a number of reports to issue, including the City's Fiscal Year 2010 audited financial statements and the Fiscal Year 2010 Service Efforts and Accomplishments Report. Given the workload demands, the CAO Committee recommends appointing an Acting City Auditor to temporarily assume the same duties and responsibilities during the City Auditor's leave of absence. The salary for this Acting City Auditor will be paid from salary savings. Postings for the Acting City Auditor position, with a deadline of October I, 20 I 0, will commence immediately after City Council has approved this recommendation Attachment A: CAO Committee Meeting Minutes from 09/07!.I 0, Item 2) Consideration of Request of City Auditor Maternity Leave and Appointment of Acting City Auditor 0r DEPARTMENTHEAD: _____ ~~\:2~.~-~\::~e~~~.~ .. ~~~~==~--------- Russell Carlsen Director of Human Resources CITY MANAGER APPROV AL: __ '7"'7=-.."-'->'-'--,F--J"f"---:I"'-'--____ _ Ci CMR:360.10 Page lof 1 AITACHMENT A CITY COUNCIL COUNCIL APPOINTED OFFICERS COMMITTEE Special Meeting September 07, 2010 The Council Appointed Officers Committee of the City of Palo Alto met on this date In the Council Conference Room at 6:04 p.m. Present: Espinosa, Klein, Price, Scharff Absent: ORAL COMMUNICATIONS Mark Petersen-Perez, Palo Alto spoke regarding First Amendnient Rights of speech. Herb .Borock, Palo Alto spoke regarding Brown Act issues with the CAO Committee. ACTION ITEMS 1. Review Proposals from Executive Search Firms Relatecl to the City Attorney Recruitment. Director of Human Resources, Russ Carlsen spoke regarding the outreach clone and the proposals received from executive search firms related to the City Attorney recruitment. He stated that there were eight responses received. Chair Klein said the Committee had a great deal of weight to choose a path. When they chose the City Manager the committee narrowed clown the consultant applicants. The full Council then voted on the City Manager. They had less involvement In the City Auditor recruitment. He said those were two different procedures. Mark Petersen-Perez saicl the CJl:y Attorney should do more than protect the City against litigation. But he shoulcl also protect the people. 09/07/10 ! i j j City Manager, James Keene spoke regarding things that the CAO Committee should look at when reviewing and selecting the firm to conduct the search. Mr. Carlsen agreed that the reputation of the recruiter is critical. Mr. Keene spoke about the public's perceptIon and thoughts about who the Council would hire as the recruiter. Co uncI! Member Scharff asked if there was anyone that should be eliminated from the list of applicants based on reputation. He also asked about their strengths and weaknesses. Mr. Carlsen said they have had positive experiences with several of the recruiters. Of the organizations that have the most experience, it's a profession, they know how far to reach out to get applicants. He stated he had concerns, there are a couple of firms that he has not worked with and so doesn't know about them, and they should all be fairly close in their costs. He stated the City can negotiate the costs especially in the area of the brochures and stuff. Council Member Scharff asked if the prIncipal person representing the firms are available for the next step. Mr. Carlsen advised that they. have spoken with them and they have Indicated that would be available to continue in the process, especially over the next several weeks. Council Member Scharff asked for clarification on whether the principal person of the firm would be conducting the recruitment personally. Chair Klein stated that he felt the person who is conducting the search, whether it Is the principal person or someone else, they should also be present at the interview. Mr. Carlsen stated that would be what they expected. Chair Klein stated he had two suggestions, one would be to discuss the eight firms that applied and the other ,would be to do a ballot similar to the way Board and CommiSSion applicants are voted on. Council Member Scharff asked whether they would vote on the firm to do It, or several to interview. 2 09/07/10 j I i Chair Klein stated his suggestion Is to vote for three to Interview. They would then give these to Council to Interview. Council Member Scharff stated he would like to meet the applicants and then suggest to Council on who to recommend. Chair Klein stated that Interviews would be conducted at the Council level. Council Member Scharff stated he wants to interview a selection of them. ChaIr Klein stated that it would then be a two interview process. The CAD committee needs to whittle It down to a smaller group for Council to interview. . Council Member Scharff asked staff if they would have three or four firms to recommend. ChaIr Klein stated he feels awkward about doing It that way, as there should be a separation of powers, and this should independent of staff's desires for a firm. Mr. Carlsen said he did have reservations regarding several of the applicants. He stated at some point he would like let Coundl know about his concerns with several of the firms. Council Member Espinosa stated that If staff has serious reservations about the firms then the Committee and Council should be made aware of them. Mr. Carlsen stated that JuriStaff does not have a lot of experience in the public sector. Mr. Keene said he was not familiar with one of the firms. He had dealt with some non public sector recruiters in a public sector position and It had been problematic. He said the Committee should consider what the Counci! was looking for. Chair Klein said a lawyer that had practiced CA Municipal law should be what they are looking for. City Clerk, Donna Grider read the results of the ballot: Council Member Scharff: Avery Associates, Ralph Anderson & Associates, Bob Murray & Associates 3 09/07/10 Council Member Price: Bob Murray &. Associates, Ralph Anderson &. Associates Chair Klein: Avery Associates, Bob Murray &. Associates, Ralph Anderson &. Associates Vice Mayor Espinosa: Avery Associates, Ralph Anderson &. Associates, Bob Murray &. Associates Ms. Grider announced that the three firms for Council to interview would be Avery Associates, Bob Murray &. Associates, Ralph Anderson &. Associates. Mr. Keene confirmed that they were going to schedule Interviews before the full Council at a Council Meeting. Chair Klein said they Should look at the September 13th and September 20 th as possibilities. Mr. Carlsen stated that his suggestion Is for September 20th • Chair Klein stated the date would be dependent upon the Council agenda for that nig ht. Mr. Keene asked how long the interviews might take. Chair Klein stated he felt it would last 50-90 minutes, giving each candidate 20 minutes for their interview. Mr. Carlsen suggested a special meeting In the Council conference room. Chair Klein agreed and suggested 6:00 p.m. Mr. carlsen said that would be best to allow a solid conversation Chair Klein said they would need to vote in a public meeting because it wasn't a personnel matter. Council Member Price asked if It was appropriate to ask major questions· toward the candidates at this time. Mr. Carlsen said he could check with the Attomey's Office. 4 09/07/10 Council Member Price questioned the number of hours proposed by Avery. She had a concern about the number of hours compared tothe other applicants. Mr. Carlsen said often they ask for addittonal services, so It was up to the Council to determine the number of hours. Council Member Price stated if you translate the hours into weeks, it was a large amount of hours. Council Member Espinosa asked if there is a lesson learned here about reaching out to firms to get the best applying for these. Mr. Carlsen stated that staff did a broader search for firms, Including a national site. He felt that we did a better outreach. He stated that some firms simply don't apply for one reason Or another. Council Member Price stated she believes the economy plays into why firms apply or don't apply. 2. Consideration of Request of City Auditor Maternity Leave and Appointment of Acting City Auditor. City Auditor, Lynda Brouchoud stated she was here to discuss her request for leave of absence and her request to bring In an Acting City Auditor while she Is on leave. Chair Klein confirmed his understanding that the City's policy was for a total of 6 months, and not 6 months prenatal and 6 months postpartum. Ms. Brouchoud read the City's Merit System Rules on maternity leave, stating they read "Non-disability prenatal and/or postpartum leave Is available under this provision, but such leave shall not begin more than 6 months prenatal nor extend more than 6 months postpartum:' Chair Klein asked for clarification on whether it was 3 months prenatal and 3 months postnatal. Ms. Brouchoud stated she believes that it reads 6 months before and 6 months afterwards. Chair Klein asked for clarification on the agreement that she would take a total of 6 months leave, within the 12 month period. 5 09/07/10 City Manager, James Keene asked whether it could be a year. Chair Klein stated his interpretation was different. Council Member Price asked for clarification on how It relates to the Family Medical Leave Act. Council Member Scharff stated that was a separate Issue. Chair Klein stated that he believes that that states 6 months also. Assistant DIrector of Human Resources, Sandra Blanch said there were various rules that overlap. The City Auditor read the City Merit Rules provision which shall not begin no more than 6 months prenatal, nor extend more than 6 months postpartum. She noted that that has not been the practice. Chair Klein stated that he and Ms. Brouchoud had spoken and had agreed that It would be a total of 6 months. Ms. Brouchoud stated that there Is the non-disability and the disability part that speaks to 4 months. She stated she was not looking to go on disability. Mr. Keene stated that the way he read it, It c:annot begin more than 6 months before, nor extend more than 6 months after. It Isn't specific about the amount of time. Ms. Brouchoud stated that if the concern was that it was more than 6 months than she could delete 3 weeks off of it on the end. Chair Klein stated that was consistent with his Interpretation based on the meeting with Ms. Brouchoud. Council Member Price recommended defenrlng action on this until there Is a clear interpretation of the language. Ms. Blanch stated that Ms. Brouchoud's request Is for 6 months postpartum. Chair Klein stated there has to be a decision made due to the need to get an acting auditor prior to Ms. Brouchoud's leave in October. Council Member Price stated that if there can be clarification within 2-3 days, that she felt they could make a better decision. ·6 09/07/10 Mr. Keene asked if there is more Information available that HR might have. Ms. Blanch stated that there is also the Family Medical Leave (FMLA) which states 3 months. Chair Klein noted that the City's rules provided more time than FMLA Ms. Blanch agreed. Chair Klein asked Ms. Brouchoud to clartfy the amount of time she was requesting. Ms. Brouchoud stated she would, like the 6 months afterward, but that she would like to take some time before to prepare. Chair Klein agreed. Ms. Blanch confirmed that her request was for 3 weeks prior to the expected blrthdate. Councfl Member Price asked if staff had a clear Interpretation of the rules. Ms. Blanch stated It was an unusual request to take 6 months postpartum, however, the understanding of the merIt rules states that is possible. Past practice has been to allow time off prenatal, and then work with the employee postpartum. Chair Kle1n stated he did not agree. He asked if the employee left 1 month prenatal, would the rules then allow her to take an additional 6 months postpartum. Ms. Blanch stated yes per the merit rules, however this is not a typical request. Chair Klein stated that rules need to be reviewed. Vice Mayor Espinosa asked for clarification that our rules currently allow an employee to take 5 months prenatal and 5 months postnatal. MS. Blanch answered yes. Council Member Espinosa reconfirmed that that is currently allowed. 7 09/07/10 I 1 I Mr. Keene asked for clarification that there are rules that state there Is a certain amount of time that an employee can take prenatal and postnatal l that some has been past practice, or the fact that Council has the discretion to decide. Council Member Scharff asked who writes and interprets the Merit Rules. Ms. Blanch stated they are drafted with HR and legal staff. They are then reviewed by the bargaining units before going to Council for approval. Council Member Scharff asked if there was any formal written Interpretation as to whether it was 5 or 12 months total. Ms. Blanch stated not in writingl only in the "'lerit Rules. Council Member Espinosa stated normally it is 6 months. Council Member Scharff stated he felt 12 months was a long time. Ms. Blanch stated that the rules also apply to Public Safety personnel. Chair Klein stated this is non-disability. Council Member Price asked for confirmation what the rules state and does Ms. Brouchoud/s request fall within the rules. She felt the rules needed to be clarified so that every case isn't brought before Council. MS. Blanch conflrmed that what Council Member Price was looking for was c1arlflcatlon on the Federal l State, as compared to our Merit System Rules. Mr. Keene stated that staff needs to provide the Council with our policy parameters and practice 50 they can make an Informed decision. Ms. Brouchoud stated that to assist with the decision tonightl she would agree to begin her leave on October 181 2010, and lasting for 6 months, Council Member Price stated that she did not want Ms. Brouchoud to change her plans tonight due to the confusion regarding the policy. Howeverl if she felt comfortable with her statement that was ok. Mr. Carlsen stated that the rules allow it and there is a provision to grant this request. He stated that it is usually not done that waYI and staff works with the employee to have them return soonerl or at least part-time as soori as possible. B 09/07/10 Chair Klein stated that he heard Ms. Blanch state it was one year. Mr. Carlsen stated that the clear answer Is that there Is a provision to grant Ms. Brouchoud's request. Chair Klein stated that Ms. Brouchoud Is here because she does not report to the City Manager, and so there are no rules in that sense, only the Federal and State rules. Those rules grant less leave time. Mr. Carlsen asked for clarIfication If the Merit Rules apply to all employees. Ms. Blanch stated she belJeved they did. Council Member Price asked if there was language within Ms. Brouchoud's contract that covered this. Ms. Brouchoud states that she follows the Management and Professional Compensation Plan and tile Merit Rules, similar to other employees. Sne recommended that her leave begin on October lS, 2010, and end 6 months after that date so that the COmmittee could move forward with a decision. She stated that her primary concern was to make sure the Council has adequate time to hire an acting auditor before her leave begins. She wants to insure thather office Is fUlly prepared for her leave. MOTION: Council Member Scharff moved, seconded by Council Member Price to accept her leave beginnIng on October lS, 2010 and ending 6 months later. MOTION PASSED: 4-0 Chair Klein confirmed that her maternity leave would be without salary, except for from vacation leave, etc. CouncH Member Scharff asked if the CAO Committee can have Staff look into this and if necessary change the rules. He felt 1 year was a long time. Mr. Keene stated Staff would look into this, respond with a memo and if necessary agendize it at a later date. He asked for clarification that if there was a need to change,her leave date due to unanticipated circumstances was that possible. Chair Klein answered yes. 9 09/07/10 Mr. Carlsen stated that she has the option to use her leave balances during this, however, she is choosing to take her leave without pay. Ms. Brouchoud stated that the leave Is unpaid, no salary, but shi? can take her accumulated leave time. Ms. Brouchoud stated that the Auditor's Office had several reports that were either In the works or close to completion, and if there was not someone there to coordinate this, Council may not receive the reports. Council Member Espinosa asked how she would structure the department If there was not an Acting City Auditor. Ms. Brouchoud stated the AudItor's Office does not have a deputy position, and that at the time she was hired there was no one In charge. This caused some problems as Staff did not have someone to oversee their work. She stated that was another option and there are probably more. Her preference Is to get someone in to oversee the office. Council Member Espinosa asked If there Is the potential to have the interim or acting come from within the department. Ms. Brouchoud stated that would be taking a Senior Auditor up two steps and it is her recommendation to bring someone in who was either a Deputy City Auditor or In a similar position. Chair Klein asked if Ms. Brouchoud had someone In mind for the position. Ms. Brauchoud stated that there is someone she could refer to the Committee. MOTION: Council Member Council Member Scharff moved, seconded by Chair Klein to hire a temporary person. Council Member Scharff stated the referral Is good, however thought should be given to the referral. Chair Klein stated he agreed with that. He said Staff should check with a variety of people and should not hire a recruiter for this. Council Member Espinosa asked if there was a way to have a truncated announcement or someplace to list this so that it is open to more applicants. He stated he wanted to Insure that If there was someone who Is Interested they would get the notification. 10 09/07/10 Ms. Brouchoud stated there is an association for auditors and there are a couple of places to advertise. Council Member Scharff stated that due to the time frame this needed to move Ciulckly. Mr. Keene suggested that there might be agencies that have Interested people who have public service background that might be interested In a temporary position. There might be agenCies that have Auditors; Deputy City Auditors or retirees that might be Interested. Council Member Price stated that Staff should look at all options. Chair Klein wanted to Insure that Staff could get this online within the week and set the deadline of September 24, or October 1, 2010. Council Member Price stated that it would make it easy if they accepted Ms. Brouchoud's recommendation. MOTION PASSED: 4-0 3. 2010 -2011 Compensation for City Manager, City Clerk and City Auditor. Chair Klein stated he put this on the agenda and that there should be no change in their compensation and It should follow the SeIU contract. Due to the City Attomey retiring that position Is not being Included in this. MOTION: Chair Klein moved, seconded by Council Member Council Member Scharff to make no changes in compensation, to follow the SEIU contract for the City Auditor, City Clerk, and City Manager. Mark Petersen-Perez spoke regarding his employee performance reviews and how he used that in their compensation. Council Member Espinosa spoke about how pay is usually tied to performance, and that the evaluations of our Council Appointed Officers spoke for themselves. He appreciates the hard work that they put In daily and he knows how hard they work. He stated his is sorry that due to the economy they cannot offer raises to them or to the rest of the Qty Staff. Council Member Scharff stated he agreed with Vice Mayor Espinosa and that he also felt they did a great job. 11 09/07/10 MOTION PASSED: 4-0 ADJOURNMENT; The meeting adjourned at 7:11 p.m. 12 09/07/10