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HomeMy WebLinkAboutItem A: Delegation of Authority to City Police Auditor Regarding Auditor’s Staff EUGENE CITY COUNCIL AGENDA ITEM SUMMARY c Work Session: Discussion of Administrative Order Number 21-06-03 - City Manager's Delegation of Authority to City Police Auditor Regarding Auditor's Staff Meeting Date: June 19,2006 Department: City Manager's Office www.eugene-or.gov Agenda Item Number: A Staff Contact: Greg Rikhoff Contact Telephone Number: 682-5177 ISSUE STATEMENT This is a work session is to review and discuss Administrative Order Number 21-06-03, which delegates "day-to-day supervision of staff in the auditor's office," and states that the auditor "should have a significant role in the hiring, supervision, discipline and discharge of such staff." BACKGROUND On November 8,2005, voters in the city of Eugene approved an amendment to the Eugene Charter authorizing the City Council to hire, supervise and specify the salary of a Police Auditor. On January 18, 2006, the City Council held a work session to discuss the implementation of that ballot measure. At that meeting, an ad hoc committee of the City Council was appointed to address recruitment, selection and related issues concerning the auditor and staff to the auditor. One such matter addressed by the committee and the City Council several times was that of the hiring, supervision, discipline, and firing of the auditor's staff. On May 24,2006, City Manager Dennis Taylor signed Administrative Order Number 21-06-03, which dictates that the City Manager by that Administrative Order, delegates specific employer-related authority to the Police Auditor. Specifically, the order states: "1. Personnel matters related to the Police Auditor's staff shall be managed as follows: a. The City Manager has the ultimate authority to hire and fire City employees. The City Manager by this policy is delegating the authority to the Police Auditor to recommend to the City Manager or designee, personnel decisions related to the hiring, evaluation, discipline and discharge or transfer of staff in the Auditor's office. The Auditor will make recommendations consistent with the general policies and guidelines of the City. The City Manager will accept the Auditor's recommendation on these matters unless the recommendation violates federal, state or local law , is contrary to City policy, violates a collective bargaining agreement, or is contrary to accepted labor and employment practices. b. Day-to-day operational supervision of the staff in the Police Auditor's office, including scheduling and assigning work, monitoring and directing activities and providing coaching and training is hereby delegated to the Police Auditor, with the understanding that the Police Auditor will do so consistent with applicable City policies and/or labor agreements. LICMOl2006 Council Agendas1M0606191S060619A.doc c. This policy will not be amended without first giving at least 60 days written notice to the City Council and the Police Auditor and publishing notice of the proposed amendment in a newspaper of general circulation at least 30 days prior to the amendment within the City. 2. A copy of this Order shall be provided to the Mayor and City Councilors and appended to the City's Administrative Policies and Procedures Manual." RELATED CITY POLICIES The City of Eugene has an extensive set of policies and procedures related to employees. The "Administrative Policies and Procedures Manual" covers matters ranging from federal and state laws and requirements (e.g. the Americans with Disabilities Act and Equal Employment Opportunity), to accident and safety programs, to union membership, to overtime rules, to employee benefits, to discipline and grievances to workers compensation rules. These policies cover all full and part time employees. COUNCIL OPTIONS Members of the City Council have requested that the Administrative Order be discussed in more detail at this meeting; they may request revisions to the order. CITY MANAGER'S RECOMMENDATION This work session is a discussion item the City Manager is offering no recommendations at this time. SUGGESTED MOTION The City Manager is not offering a motion or action on this item at this time. ATTACHMENTS A. Administrative Order No. 21-06-03 B. May 24,2006, Memorandum from City Manager Dennis Taylor Concerning Administrative Order No. 21-06-03 FOR MORE INFORMATION Staff Contact: Greg Rikhoff Telephone: 682-5177 Staff E-Mail: greg.s.rikhoff@ci.eugene.or.us LICMOl2006 Council Agendas1M0606191S060619A.doc MEMORANDUM ATTACHMENT B .City Manager's Office City of Eugene 777 Pearl Street, Room 105 Eugene, Oregon 97401-2793 (541) 682-5010 (541) 682-5414 FAX INININ. eugene-or. gOY Date: May 24, 2006 To: Mayor Piercy and City Council From: Dennis M. Taylor, 682-5510 City Manager Subject: Delegation of Authority to Police Auditor Regarding Auditor's Staff The attached administrative order, which I signed today, delegates substantial authority to the Police Auditor for personnel decisions and day-to-day supervision of the Police Auditor's staff. I discussed a draft of the order with the ad hoc committee, which endorsed this approach. To function with the independence contemplated by the Charter amendment, the Police Auditor needs to be able to effectively supervise and manage the staff in the Police Auditor's office. The Administrative Order expressly recognizes that need. It has three basic provisions: (1) It delegates to the Police Auditor day-to-day operational supervision of the Police Auditor's staff, with the understanding that the Police Auditor will act consistently with applicable City policies and labor agreements. (2) As to the hiring, evaluation, discipline and discharge or transfer of staff in the Police Auditor's office, the order commits the City Manager to accept the Police Auditor's recommendations on those matters, "unless the recommendation violates federal, state or local law, is contrary to city policy, violates a collective bargaining agreement, or is contrary to accepted labor and employment practices." Effectively, the Police Auditor will have full authority over staff, except where the Police Auditor's recommendation would violate staffs rights or otherwise be outside the range of discretion that any supervisor has with regard to staff. (3) Finally, the order provides that it will not be amended without 60 days notice to the City Council and the Police Auditor, and 30 days notice in the Register-Guard. My goal with this order was to resolve questions about the Police Auditor's authority over staff before the Police Auditor takes office, so that he or she would be able to focus on other issues. It delegates as much authority as is consistent with protecting employees' rights. If, with experience, the Police Auditor finds that the order does not work as intended, I will consider amending it. If the Police Auditor still finds that the arrangement is not working satisfactorily, he or she will raise that issue with the council, and the council may discuss it with me. LICMOl2006 Council AgendasIM060619IS060619A-attB.doc ADMINISTRATIVE ORDER NO. 21-06-03 of the City Manager City of Eugene, Oregon CITY MANAGER'S DELEGATION OF AUTHORITY TO CITY POLICE AUDITOR REGARDING AUDITOR'S STAFF The City Manager of the City of Eugene finds that: A. At an election on November 8, 2005, the electors of the City of Eugene approved an amendment to the Eugene Charter of 2002 that authorizes the City Council to hire, supervise and specify the salary of an independent police auditor. B. The Charter amendment provides an exception to sections 16 (2)(c) and (h) of the Charter, which grant the City Manager the power to appoint and remove all employees of the City and to organize the various City departments. The amendment to the Charter describes certain authority that the City Council may grant to the police auditor, but that authority does not include hiring, supervision or other employment-related decisions regarding the auditor's support staff. c. The nature of the police auditor's responsibilities requires that the auditor have the ability to function independently from other City staff. Under the Charter, however, the City Manager is responsible for personnel decisions for city employees, including the appointment, supervision and discharge of city employees. To balance the need for the auditor to carry out the operations of his/her office autonomously while recognizing the responsibilities of the City Manager for employment decisions, day-ta-day supervision of staff in the auditor's office should be delegated to the auditor, and the auditor should have a significant role in the hiring, supervision, discipline and discharge of such staff. Now, therefore, based upon the above findings, the City Manager of the City of Eugene orders that: 1. Personnel matters related to the Police Auditor's staff shall be managed as follows: a. The City Manager has the ultimate authority to hire and fire City employees. The City Manager by this policy is delegating the authority to the Police Auditor to recommend to the City Manager or designee, persolU1el decisions related to the hiring, evaluation, discipline and discharge or transfer of staff in the Auditor's office. The Auditor will make recommendations consistent with the general policies and guidelines of the City. The City Manager will accept the Auditor's recommendation on these matters unless the recommendation violates federal, state or local law, is contrary to Administrative Order - 1 CMO Auditor Admin Order (CMO Auditor Admin Order (00140426..2).DOC) City policy, violates a collective bargaining agreement, or is contrary to accepted labor and employment practices. b. Day-to-day operational supervIsIon of the staff in the Police Auditor's office, including scheduling and assigning work, monitoring and directing activities and providing coaching and training is hereby delegated to the Police Auditor, with the understanding that the Police Auditor will do so consistent with applicable City policies and/or labor agreements. c. This policy will not be amended without first giving at least 60 days written notice to the Council and the Police Auditor and publishing notice of the proposed amendment in a newspaper of general circulation at least 30 days prior to the amendment within the City. 2. A copy of this Order shall be provided to the Mayor and City Councilors and appended to the City's Administrative Policies and Procedures Manual Dated and effective this 2 qty of , 2006. Administrative Order - 2 CMO Auditor Admin Order (CMO Auditor Admin Order (00 140426-2).DOC)