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    11.    
City Council Regular
Meeting Date: 05/22/2018  

SUBJECT:
TRANSFER OF OVERSIGHT, DIRECTION, AND CONTROL OF THE CITY CLERK POSITION FROM THE CITY COUNCIL TO THE CITY MANAGER
RECOMMENDATION:
  1.  Approve the transfer of oversight, direction and control of the City Clerk position from the City Council to the City Manager.
     
  2. Direct the City Manager to submit amendments to the Chino Hills’ Municipal Code as necessary to affect this transfer.
BACKGROUND/ANALYSIS:
The City Clerk position is appointed by the City Council.  The City Council also evaluates the City Clerk’s performance and provides oversight and direction.  On May 8, 2018, the City Council met in Closed Session with the City Attorney (serving as the City’s Labor Negotiator) regarding the public employment performance evaluation of the City Clerk.  Upon successfully concluding the City Clerk’s performance evaluation, the City Council directed the City Attorney and City staff to initiate the transfer of the oversight, direction, and control of the City Clerk position from the City Council to the City Manager.
 
The City Clerk directs the operations of the City Clerk’s Office and oversees a staff of six full-time and one part-time position. The City Clerk is responsible for a variety of operations including: preparing City Council agendas and packets; attending City Council meetings to record Council actions; serving as the official custodian of all City records; and ensuring that appropriate records are readily accessible to the public. Additional key responsibilities include coordinating municipal elections, administering the City’s Passport Application Acceptance Program, and managing the City-wide legislative program.
 
Chino Hills Municipal Code Chapter 2.08.060 establishes the City Manager as the administrative head of the City under the direction and control of the City Council. The City Manager is responsible for the efficient administration of all affairs of the City that are under his control.  Currently, the City Manager has the authority to appoint, remove, promote, and demote any and all employees of the City except elected officers, the City Attorney, the City Clerk, and the City Treasurer. 
 
Transferring the oversight, direction, and control of the City Clerk position from the City Council to the City Manager is consistent with the authority the City Manager has over all other City staff and department directors.  The City Manager works closely with the City Clerk and has direct knowledge of the City Clerk office operations.  This proposed action would grant the City Manager the authority to efficiently control, order, and give direction to the City Clerk.  This action would also make the position subject to his or her appointment and removal authority subject to all applicable personnel rules and regulations.
 
The oversight, direction, control and responsibilities of the City Clerk and City Manager are established in multiple provisions of the Chino Hills Municipal Code.  Pending City Council approval of the above mentioned transfer, staff is also seeking City Council direction to prepare and submit for the City Council’s approval, amendments to the Chino Hills' Municipal Code, as necessary, to complete the transfer.
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a “project” that requires environmental review (see specifically 14 CC § 15378 (b)(4-5)).
FISCAL IMPACT:
This action has no fiscal impact.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.

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