HomeMy WebLinkAbout2015-12-09 Ashland City Recorder Position Ad Hoc Committee AgendaASHLAND CITY RECORDER POSITION AD HOC COMMITTEE
December 9, 2015
3:00 — 4:30 p.m.
Siskiyou Room, 51 Winburn Way
I. CALL TO ORDER
II. APPROVAL OF MINUTES
III. PUBLIC INPUT
IV. REVIEW AND APPROVAL OF DRAFT RECOMMENDATIONS
V. ADJOURNMENT
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Minutes for the Ashland City Recorder Position ad hoc Committee
November 4, 2015
Page 1 of 4
MINUTES FOR THE ASHLAND CITY RECORDER POSITION ad hoc COMMITTEE
Wednesday, November 4, 2015
City Hall, 20 E. Main Street
1. Call to Order
Chair Stefani Seffinger called the meeting to order at 2:04 p.m. in the finance conference room in
City Hall.
Committee members Bryan Almquist, Pam Lucas, Barbara Christensen, and Dave Kanner were
present.
2. Approval of Minutes
Minutes of October 28, 2015, were approved by the group as presented.
3. Public Forum
None.
4. Departure of Committee Member
Christensen stated that after the first meeting it became clear to her that it probably wasn't
appropriate for her to continue to be a member of this committee. The process makes her too
uncomfortable and she finds it difficult to be unbiased. She would hate for a decision to be made
based on her desires rather than what is best for the community. She stated she is happy to assist
the committee in any way they may need. She believes the committee will come up with a good
recommendation for Council, but she is going to step down as a member.
Almquist stated that Christensen's input has been valuable, but he understands her reluctance to
remain on the committee. He believes it is important to run any recommendation from the group
by her to get her thoughts before taking it to Council.
Group thanked her for her assistance.
Christensen departed the meeting at 2:1Op. m.
5. Discussion of Pros and Cons
Group discussed what changes would need to be made to the Charter and/or the Municipal Code
(AMC) if the position were to remain elected. The point of this process is to set qualifications
for the position. Group expressed concerns that if there were AMC changes, but no Charter
changes, they wouldn't be binding. In other words, someone could meet the minimum
qualifications set forth in the Charter, but not meet the updated requirements in the AMC and
could legally challenge the City in order to get the position, despite not being qualified.
Group discussed why it would be negative to also put too many details or requirements in the
Charter. Charter changes are difficult, and reduce the ability to be flexible as times and
technologies change.
Group discussed appointed versus elected recorder positions throughout Oregon. Only two, in
considerably smaller cities than Ashland, have elected recorder, so clearly there is success in
having this as an appointed position. Group discussed concerns with the financial requirements
Minutes for the Ashland City Recorder Position ad hoc Committee
November 4, 2015
Page 2 of 4
in the Charter. The Finance Director informed Kanner that he believes current staff can take on
the finance duties that the Recorder does or those she currently doesn't do (due to technology or
process changes) which are listed in either the Charter and Code. Group determined that,
regardless of whether it's appointed or elected, with all the technology and department changes
over the years the Charter needs to be updated to reflect those changes.
Seffinger asked group if anyone felt it was important that the position remain elected. Group was
unanimous that the position should be appointed. An appointed position is what would best
protect the community due to the fiduciary responsibilities, knowledge, professionalism, and
attention to detail required for the position. These are traits you hire for, not things you elect.
Positions which make political (policy -making) decisions should be elected, but this position
makes no political (policy) decisions and therefore should be appointed.
Group discussed what a typical hiring process would be for a position of this type. As it is not a
department head level position, there is no need for Council approval, rather it would be solely
appointed by the City Administrator. This process may be complicated by the fact that we still
have a Mayor and Council form of government, unlike most of the rest of the cities in Oregon. In
most cities, all appointments of department head level and below go through the City
Administrator, as all channels go through that position, but that is not always the process here.
Department head level position hiring frequently go through Council here. Group discussed
whether, despite this clearly not being a department head level position, it would be easier for the
community and Council to accept the change from elected to appointed if it were appointed by
the Mayor and Council. Almquist stated that ultimately, it should be appointed by the City
Administrator but the community also needs to change our form of government too, so keeping it
with the Mayor and Council may be a good interim solution. Group wondered if the best process
would be to have an administrative hiring process (i.e. no involvement or interviews by Council)
with a recommendation to Mayor and Council by the City Administrator for final approval. The
only challenge to this model is that the City Administrator would be doing the day-to-day
supervision of this position but would not have authority in hiring or firing due to Council's
authority in the process. Lucas wondered if this is a problem, as this position is technically the
clerk of the Council. Kanner stated that the Council would only deal with this position for a few
hours a month at meetings but staff has to work with them for the rest of the regular working
hours. He agreed to come up with some language regarding why having the position appointed
by the City Administrator would be valuable.
Group discussed whether this position would be a separate department or part of another
department. They determined that with the job duties central to this position it's more likely that
this will become a one -person job with no need for additional personnel and therefore, no need
for it to be a separate department. Seffinger stated this is also another reason why an elected
position is not good — it is more difficult to have an elected official integrated into staff. If it is
appointed, it can be integrated into the entire staff group.
Group discussed whether they need to develop a job description. It was determined that the
group should review the job description previously created to determine that the skill levels and
qualifications match with the discussions of this group. Additionally, they would like to see the
salary set in a range not too different from current levels, to make the transition easier for
Council and the community to accept.
Minutes for the Ashland City Recorder Position ad hoc Committee
November 4, 2015
Page 3 of 4
Group determined they need one more meeting to look at all the recommendations they have
worked on and make any adjustments.
Group discussed whether there should be a secondary recommendation, in case the proposed
Charter changes fail in an election. They agreed that regardless of whether Charter changes are
approved, the AMC needs to be amended to bring the j ob into the 21 st century. The two difficult
points are that both the salary formula and financial duties are set by Charter, which makes the
ability to bring the position into this century more challenging. There is no way to guarantee this
position, which requires accuracy and professionalism, would be filled appropriately by a person
elected. There is no way to guarantee protection of the City's interests if the Charter update is not
approved.
Group requested that Kanner and Seffinger come up with a draft recommendation for review by
the group. They agreed to do so.
Group reiterated that this is in no way a reflection of who is currently in the position, and the
work that they do, but this is only a way to provide the best structure for the City's future.
Group determined that a clear explanation, maybe in spreadsheet form, of all changes to duties in
both the Charter and AMC something like:
Current AMC/Charter Recommended Update Reason for Change
Group discussed whether other parts of the AMC should be amended in relation to this position,
such as who handles taxicab licensing. They determined that the whole AMC should be
reviewed, but Council can make changes over time, there is no need to do it all at once.
Group discussed what election would be best to put these changes before the voters. They
preferred either May or November of 2016. There was concern about other major measures
being on the November ballot and there was also concern about how little time there is to get
information out into the community for the May ballot.
Group discussed what would constitute a reason for firing in this type of position if appointed.
Kanner stated there are HR policies in place which would apply to this and all city positions.
Appointed positions are required to follow a strong code of ethics (from both city and State) and
follow all City policies. This is an additional reason why having this position be appointed might
be important.
Group discussed whether having a preamble to explain all the qualifications necessary for a
person holding this office would be important. They determined that any clarification couldn't
hurt.
Group discussed concerns regarding there being no requirement for an elected official holding
this position to hold regular office hours, or even ever be in the office. The Group agreed that
having no requirement to be on duty and yet still earn a substantial paycheck with benefits from
the City is another reason the position should be appointed.
Minutes for the Ashland City Recorder Position ad hoc Committee
November 4, 2015
Page 4 of 4
The Group agreed that the general recommendation should include the following:
• position should be appointed
• process for appointment
• outline of the duties of the office
• salary range
• timeline for election
• rationale for the proposed changes
• Charter language recommendations
6. Future Meetings Schedule
The next meeting will be On December 9th at 3:00 p.m.
7. Adjournment
Meeting adjourned at 3:45 p.m.
Respectfully submitted,
Diana Shiplet
Executive Assistant
Report of the ad hoc Committee on the City Recorder Position
Recommendations to the City Council
Dec. 9, 2015
INTRODUCTION
Following a January, 2015, discussion of department head compensation, the Council requested
a study session discussion of City Recorder compensation. This was subsequently conjoined
with a request from multiple councilors for a discussion of referring to the voters a charter
amendment to make the City Recorder an appointed position.
Following the August 31 study session, the Council requested that the mayor appoint an ad hoc
committee to study the matter and make a recommendation to the Council. This committee was
appointed at the September 15, 2015 business meeting, with the following members:
• Councilor Stefani Seffinger (chair)
• Barbara Christensen, city recorder
• Dave Kanner, city administrator
• Pam Lucas, Budget Committee member
• Brian Almquist, former city administrator
The committee met three times in October, November and December, 2015. Though she
provided extremely valuable input at the first meeting, Ms. Christensen excused herself from the
second meeting and preferred the role of liaison to the ad hoc Committee. She collaborated with
the ad hoc group at the December meeting in an advisory role to develop the final
recommendations.
Please note that the ad hoc committee recommends that its proposed changes to the city recorder
position not take effect until the current city recorder's tenn expires. The ad hoc committee also
wishes to acknowledge the excellent work the current city recorder has provided to the citizens
of Ashland.
RECOMMENDATIONS
The ad hoc committee recommends to the Council that the City would be best served if this
position became an appointed position for the following reasons:
1. The city has been fortunate in having qualified candidates elected to this position in the past.
There is no guarantee that this will be the case in the future, particularly in light of the pay and
benefits and the fact that there are no minimum qualifications for the position. If this position is
appointed, qualifications for the position and a selection process can be established to ensure
having the best qualified person in the position.
2. The city recorder is an administrative position that makes administrative decisions.
Administrative positions should be filled based on the knowledge, skills and abilities of the
candidates who apply.
3. As an elected position, only registered voters of the City of Ashland are eligible to hold the
position. This limits the number of qualified candidates for this position. As an elected position
with a four year term, candidates may not pursue certification as a municipal clerk or advanced
training in this area. Better qualified candidates may be attracted if the position is appointed and
has the potential of being a career option.
4. The city recorder position would better fit in with the city management structure if the position
were appointed.
5. Work schedule, duties and coordination with other City functions would be more flexible and
would be better managed within the administrative structure of city government.
6. The committee feels City government will be just as transparent and open with an appointed
recorder as it is with an elected recorder.
Changing the recorder to an appointed position requires voter approval of a charter amendment.
Although it has been common practice for Ashland to refer charter amendments in primary and
general elections, this is probably done for reasons of cost. A charter amendment can be referred
to any election, including a special election if called for by the Council.
Further recommendations
1. The committee recommends that the hiring and selection process be handled administratively
with the selected candidate appointed by the mayor with approval by the city council.
2. A forinal outline (or job description) of duties and qualifications for the city recorder position
should be developed.
3. Wording changes for the charter amendment will be developed by City Attorney Dave
Lohman.
4. The committee recommends submitting this to the voters in the May 2016 primary election.
Given the significance of this change, the City should refer this to a vote in a high -turnout
election. However, if referred in November 2016, the issue stands to be lost in the crush of the
many other items (including the many ballot measures) that are sure to be on that ballot.
5. Regardless of whether the position remains elected or becomes appointed, the committee
recommends that the Ashland Municipal Code, Chapter 2.08, be amended to remove from the
recorder's duties those functions that more properly belong in other departments. If the position
remains elected, the committee recommends a charter amendment to remove outdated language
and duties in the charter and address minimum qualifications and salary structure.
CITY OF
DRAFT JOB DESCRIPTION AS H LAN D
OVERTIME: _ Exempt x Non -Exempt
JOB TITLE: City Recorder
CLASSIFICATION: Non-represented/Confidential
DEPARTMENT: Administration
DATE: August 10, 2015
PURPOSE OF POSITION:
Performs high-level professional administrative support to the Mayor and City Council, City Administrator and
other City departments. Oversees public records retention and management for the City. Ensures compliance
with applicable laws governing public meetings, retention of official records and documents, and coordinates local
elections. Responsible for the coordination and appropriate noticing of City Council meetings and standing
committee meetings and prepares and distributes agendas and informational packets. Updates the Ashland
Municipal Code (AMC) to include ordinances and Charter amendments; interacts with the public and public
officials from City and other agencies. Performs other related duties as required.
SUPERVISION RECEIVED:
Receives supervision and direction from the City Administrator.
SUPERVISORY RESPONSIBILITIES:
May directly supervise subordinate administrative/clerical staff if necessary, however supervision is not a regular
function of this position. May also provide training and orientation to departments regarding records
management.
ESSENTIAL JOB FUNCTIONS:
The duties listed below are only intended as illustrations of the various types of work that may be performed. The omission of specific
statements of duties does not exclude them from the classification if the work is similar, related and/or a logical assignment to the
classification.
Serves as the ex-officio Clerk of the Council and attends all Council meetings and, as necessary, Council
subcommittees to take minutes, conduct roll call votes, set up the meeting room before the meeting, and run
recording devices. Oversees distribution of Council agenda and packets, assists departments with preparation of
packet documentation and reviews agenda for completeness. Schedules and makes legal notifications of
meetings, hearing and executive sessions.
Acts as support to the Council. May provide support to Budget Committee as requested. Works with the City
Administrator, Mayor and City Attorney to ensure compliance with public meetings law; drafts, edits and submits
council meeting minutes for approval and posting. Keep track of Ordinance and Resolution numbers; and assign
numbers to new Ordinances and Resolutions and obtain Mayor's signature on Ordinances, Resolutions and
contracts. Drafts, maintains, coordinates and distributes approved municipal code, ordinances and resolutions to
appropriate commissions and staff. Prepares, records and posts Council -approved code, ordinances and
resolutions. Produce minutes of the meeting capturing motions and actions of the City Council.
Functions as the City Elections Officer responsible for process of preparing, overseeing and filing of all pertinent
election materials for candidates, measures and required finance/campaign reports in local elections in
cooperation with the Jackson County officials responsible for conducting elections; works with candidates and
newly elected officials providing election information and proper paperwork. Educates city staff on restrictions on
political activity as public employees.
Custodian of official City records; oversees City-wide records management and retention. Establishes and
monitors records management standards and retention schedules for all City departments. May conduct
historical and records research for City Council and City Administrator.
City Recorder - DRAFT
JOB DESCRIPTION Page 2
Performs administrative support functions for City boards and commissions. Ensures that the Ashland Municipal
Code (AMC) is updated and available electronically.
Provides information to the public regarding public records, and works with City Attorney to determine legal
obligations for release of information under Oregon Public Records Law. Responds appropriately to the public
regarding requests for information and provides cost estimates for requests that involve extensive staff research.
Keep City Charter available to the public with updated boundaries. May process certain business licenses and
registrations as assigned. Performs other duties of a similar nature or level as assigned.
AUXILIARY JOB FUNCTIONS:
Maintain proficiency by attending training, conferences and meetings, and reading professional literature.
Maintain work area in a clean and orderly manner and follow all safety rules and procedures established for work
areas.
MINIMUM QUALIFICATIONS:
Education: Possession of an associate's degree or shall have completed a minimum of two years of post-
secondary study in business administration, public administration, English, communications or closely related
field, Bachelor's Degree preferred.
Experience: Up to five (5) years of public sector administrative/municipal government administrative experience
with specific experience in local government operations in the area of records management, public/open
meetings, elections and municipal codes.
Substitution: Any satisfactory equivalent combination of education, training and experience that demonstrates the
knowledge, skills and abilities to perform the duties of the job proficiently may substitute for the above
requirements.
Desirable Qualifications:
Certified Municipal Clerk (CMC) or Master Municipal Clerk (MCC) is preferred.
SPECIAL REQUIREMENTS
Possession or the ability to obtain and retain, a valid Oregon driver's license with an insurable driving record by
the time of appointment. Notary Public (possession of or ability to obtain within 1 year of appointment)
PHYSICAL DEMANDS OF POSITION:
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the
essential functions of this classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the
essential functions.
1) Mobility: frequent sitting for long periods of time; occasional bending or squatting. (2) Lifting: frequently up to 10
pounds; occasionally up to 25 pounds. (3) Vision: constant use of overall vision; frequent reading and close-up
work; occasional color and depth vision. (4) Dexterity: frequent use of keyboard; frequent repetitive motion;
frequent writing; frequent grasping, holding, and reaching. (5) Hearing/Talkinq: frequent hearing and talking, in
person and on the phone. (6) Emotional/Psychological: frequent decision -making and concentration; frequent
public and/or coworker contact; occasional working alone.
WORKING CONDITIONS:
The work environment characteristics described here are representative of those an employee encounters while performing the essential
functions of this classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions.
ADMINISTRATION DEPARTMENT/PERSONNEL Tel: 541-552-2110
20 East Main Street Fax: 541-488-5311 ��
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms �r
City Recorder - DRAFT
JOB DESCRIPTION
Page 3
Work is performed in a typical office environment and is subject to moderate noise. Attendance at meetings
outside of the normal work schedule is required.
DEPARTMENT HEAD SIGNATURE
CITY ADMINISTRATOR APPROVAL
Date
ADMINISTRATION DEPARTMENT/PERSONNEL Tel: 541-552-2110
20 East Main Street Fax: 541-488-5311 ��
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms �r