[Council Communication]  [Attachments]

Council Communication

Title:	Amendment to Resolutions 2002-22 and 2003-24 amending the pay schedule for Elected Officials.
Dept:	Administration
Date:	November 4, 2003 (Continued from Council Meeting of October 21, 2003)
Submitted By:	Tina Gray, Administrative Services/HR Manager
Approved By: ...........................	Gino Grimaldi, City Administrator, Paul Nolte, City Attorney

Synopsis:	An error was discovered in the calculation of the Cost of Living Adjustment (COLA) for Elected Officials effective on July 1, 2002, which subsequently resulted in an error in the calculation for the COLA on July 1, 2003. Upon investigation and recalculation, adjustments are necessary to the salaries of the City Recorder and Municipal Judge to accurately conform to the City Charter. During the September 2, 2003 City Council Meeting, Councilor Laws inquired why applicable management salaries in the Parks & Recreation Department were not factored into the calculation of the adjustments for the City Recorder and Municipal Judge.
Recommendation:	Staff recommends that the City Council adopt the amended Resolutions authorizing staff to make the appropriate adjustments to the salary for the City Recorder and Municipal Judge in accordance with the provisions set forth in the City Charter. Paul Nolte, City Attorney and Barbara Christensen, City Recorder were unable to find any legislative history that would define "department heads" in the charter section regarding salaries for the municipal judge and the city recorder (Article III, § 3). In the most recent 30 years, the salary adjustments for the municipal judge and city recorder have never taken into consideration the Parks Department Director's and supervisory employees' salaries. Under the charter, the mayor, with confirmation by the council, has the power to appoint "officers" deemed necessary by the council (Article XIII, § 1). This section has been used as the basis for the mayor to make appointments of department heads. The Mayor has not in recent history appointed the Parks Director as a Department Head. The council has acted to establish the various administrative and operating departments for the city in chapter 2.28 of the code. The Parks Department has not been established as a city department in this chapter or any other chapter. To maintain consistency with established practice, staff recommends that the adjustments be made to correct the discrepancy in pay for Elected Officials as described above not inclusive of the salary adjustments for Parks Department Management.
Fiscal Impact:	Retroactive pay will be necessary to "catch-up" the Elected Officials. From July 1, 2002 through July 1, 2003, the City Recorder and Municipal Judge should receive an additional .63%. From July 1, 2003 through present an additional .22%.
Background:	Article III, Section 3., of the Ashland City Charter calls for the salary of Elected Officials to be adjusted upward "in the same percentage as the average salary adjustments of the other supervisory employees and department heads of the city of Ashland." On July 1, 2002, the average salary adjustment was miscalculated, and retroactive pay is necessary to eliminate the cumulative impact of the error.
Attachments:	• A revised salary schedule is attached reflecting the new salary range for Elected Officials after catch-up. • A Resolution amending Resolution 2002-22 • A Resolution amending Resolution 2003-24

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