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HomeMy WebLinkAboutMINUTES - 05112010 - C.35RECOMMENDATION(S): 1. ADOPT Position Adjustment Resolution No. 20790 to establish the classification of Chief of Police-Contract Agency-Exempt (6XF1) (unrepresented); allocate it on the Salary Schedule at Salary Level B85-2351 ($10,957.656) single step; and add two positions. 2. INTRODUCE Ordinance No. 2010-07 to Exempt from the Merit System the classification of Chief of Police-Contract Agency-Exempt, WAIVE reading, and FIX May 18, 2010 for adoption. FISCAL IMPACT: Cost associated with the addition of two positions is 100% funded from law enforcement services contracts. BACKGROUND: The Office of the Sheriff provides law enforcement services to several contract agencies throughout Contra Costa County. Sheriff's Office employees at the rank of Lieutenant are assigned to manage these law enforcement contracts and act in the capacity of "Chief of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/11/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eileen Devlin, 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 11, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Teresa Mena, Roxana Mendoza C.35 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:May 11, 2010 Contra Costa County Subject:Establish the Classification of "Chief of Police-Contract Agency-Exempt" and Add 2 positions BACKGROUND: (CONT'D) Police." Currently, these lieutenants can receive a police manager differential of up to 15% of their base pay, at the discretion of the contract agency, in order to compensate them for the additional responsibilities and authority. Several contract agencies have requested a higher rank for their "Chiefs" and, in turn, the police manager differential would be eliminated (e.g. promotion from Lieutenant to Captain). Because "Chiefs of Police" assigned to a contract agency have historically returned to a Sheriff's Office assignment, promotions at the request of the contract agency result in the incumbent returning to a non-contract position at a higher rank; removing the discretion from the Office. The Sheriff's Office has identified a means that while assigned to the contract agency the Lieutenant could be assigned a higher rank, but only so long as they were assigned to that contract agency. This means is the establishment of a new classification, exempt from the Merit System, that allows the employee to promote to a higher rank while in the contract, and revert back to a lieutenant classification once the employee rotates out of the contract agency and back into a non-contract lieutenant position in the Sheriff's Office. This new classification would be titled "Chief of Police-Contract Agency-Exempt". Assignment to this classification would involve the following criteria: the lieutenant will have completed at least four (4) years of continuous services as the police manager ("chief") for the requesting agency; appointment to the "Chief of Police-Contract Agency-Exempt" is at the sole discretion of the Sheriff (Appointing Authority); all costs and benefits of the rank will be charged to the contracting agency; and, should the employee leave the contract assignment for any reason, his or her rank will revert to his or her former permanent classification and rank of lieutenant. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS P300 20790 - Police Chief Ordinance 2010-07 ORDINANCE NO. 2010-07 -1- ORDINANCE NO. 2010-07 (Excluding Chief of Police-Contract Agency-Exempt from the merit system) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.311 of the County Ordinance Code is amended to exclude from the merit system the classification of chief of police-contract agency-exempt, to read: 33-5.311 District attorney and sheriff. (a) Investigators, detectives, and others, paid from the special funds furnished to the district attorney and sheriff under Government Code Sections 29400 ff. and 29430 ff., are excluded. (b) In the district attorney’s office, the district attorney program assistant-exempt class, senior deputy district attorneys-exempt, district attorney chief of inspectors-exempt, special counsel, special detectives, chief assistant district attorney-exempt, and assistant district attorney-exempt, are excluded and are appointed by the district attorney. (c) In the sheriff’’s department, the undersheriff and three commanders are excluded and are appointed by the sheriff-coroner. (d) The secretary to the undersheriff is excluded and is appointed by the sheriff-coroner. (e) The sheriff’’s executive assistant is excluded and is appointed by the sheriff-coroner. (f) In the sheriff’s department, the class of chief of police-contract agency-exempt is excluded and is appointed by the sheriff-coroner. (Ords. 2010-07, §1, 2004-6, §1, 99-19, 96-3, §1, 95-34, §1, 87-16, 85-55 §2, 85-29 §2, 81-70 §2, 81-32 §I[4], 81-29, 80-70, 74-72 §2, 73-9 §9: former §§ 32-2.610, .602(5, 6): prior code § 2413 (e, f): Ords. 70-47, 1032, 939, 325 §4.) ORDINANCE NO. 2010-07 -2- SECTION II: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the __________________________________________________, a newspaper published in this County. PASSED ON ____________________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID TW A, Clerk of the Board and County Administrator By:________________________________________________________ Deputy Board Chair [SEAL] VLD J:\VDAW E\Ordinances\Exempt\Ordinances\District Attorney and sheriff 2010-07.wpd (4/27/10)