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AGENDA STAFF REPORT
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DATE: April 24, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robin L. Roberts, City Clerk
SUBJECT: PUBLIC RECORDS ACT REQUEST /CITYWIDE
RECORDS MANAGEMENT POSITION
SUMMARY OF REQUEST:
That the City Council discuss funding of an additional Deputy City Clerk to serve
as a California Public Records Act Request/Citywide Records Management
administrator in the City Clerk's Office.
BACKGROUND AND ANALYSIS:
In enacting Government Code Section 6250, the Act, the Legislature declared
access to information concerning the conduct of the people's business is a
fundamental and necessary right. The California Constitution Article 1, Section 3
(B) states "The people have the right of access to information concerning the
conduct of the people's business, and, therefore, the meetings of public bodies
and the writings of public officials and agencies shall be open to public scrutiny."
The City of Seal Beach City Clerk's Office has experienced significantly
increased activity in request for information and records. In 2012, the City
received 106 Act requests. Comparatively, 312 were received in 2016. As
several of those requests are voluminous, the City Clerk's Office continues to
work on several requests received in 2016, while replying to the 120 Act requests
already received this year. It is likely that over 400 Act requests will be received,
tracked, processed and responded to in 2017.
At the January 9, 2017 City Council meeting, Council Member Deaton requested
the City Clerk bring to Council a recommendation regarding a dedicated staff
member to assist in Act requests processing, noting the amount of time spent
between the City Attorney's and City Clerk's Office. City Clerk Robin Roberts
has reviewed the City's current process, analyzed historical data in conjunction
with current trends, researched other cities' solutions and provided information
regarding this request to Koff and Associates who are currently working on the
City's Classification and Compensation Study. Furthermore, during the research
process, the California Supreme Court in City of San Jose v Superior Court ruled
Agenda Item B
that private electronic accounts of public officials and city employees are
considered public records under certain circumstances. The City has already
received two Act requests for City Council, Planning Commission, and staff
records on private personal devices.
Based on the above, staff recommends that the City Council approve an
additional Deputy City Clerk position instead of creating a new classification.
Currently, the Deputy City Clerk's essential functions include, in part, the
following:
• Processes, researches, and responds to records requests and inquiries from
the public, staff, and City Council pertaining to City actions, laws,
procedures, records and documents;
• Administers records program including appropriate control over the
maintenance, protection, retention and disposition of records in accordance
with legal and operational requirements; and,
• Maintains the City's Electronic Document Management System (EDMS) of
all minutes of meetings, ordinances, resolutions, contracts and agreements,
County- recorded records, and other public documents as needed.
The City Clerk's office will have a Deputy City Clerk — Administrative /Legislative
and Deputy City Clerk — California Public Records Act /Citywide Records
Management. In addition to the significantly increased volume of Act requests,
the City's records management program is not current. Having a dedicated staff
member to assist all departments with records management and leveraging the
existing records management Laserfiche system, the City Clerk's office can
assist staff with responsive document retrieval and review, which will both create
efficiencies and decrease time spent responding to requests. Additionally,
having this position specializing in Act requirements to help perform research and
review of responsive documents will cause City Attorney costs to decrease as
any potential legal exemption will be reviewed thoroughly by the City Clerk's
office first and citation provided to the City Attorney for confirmation on any legal
or sensitive matters. The City Clerk's office does so as time permits however,
the volume of work currently does not provide time for such a review.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
Page 2
FINANCIAL IMPACT:
The City Clerk's office is completing a Supplemental budget request for Fiscal
Year 17 -18 to include the additional Deputy City Clerk position. At top step, the
fully burdened annual cost is approximately $114,200. The funding will be
derived from the General Fund.
There may be additional revenue to offset staffing costs related to fees collected
for archiving and maintaining City records. Though not currently analyzed, it is
anticipated that there will be a cost savings related to staff and City Attorney time
by efficiencies.
RECOMMENDATION:
That the City Council discuss funding of an additional Deputy City Clerk to serve
as a California Public Records Act Request/Citywide Records Management
administrator in the City Clerk's Office.
SUBMITTED BY: NOTED AND APPROVED:
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Attachments:
A. Deputy City Clerk, Job Description
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"Attachment A"
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Deputy City Clerk
Department/Division:
City Clerk
Reports To:
City Clerk
Provides Direction To:
Office Assistant and Administrative Aides
FLSA Exemption Status:
Non-exempt
Date Prepared:
December 29, 2008
Date Adopted by City Council:
GENERALPURPOSE
Under administrative direction, administers electronic document management and
records management program; coordinates legislative, elections, and public records
requests; assists City Clerk by performing administrative, analytical, and office support
functions within the City Clerk's Office; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Deputy City Clerk is distinguished from the City Clerk, who has broader
responsibility for the management of all departmental programs and services, and the
supervision of departmental staff. The Deputy City Clerk is distinguished from other
jobs in the administrative support series given its work with specialized records
management, legislative, and elections support functions, and the need to advise City
staff on program requirements.
ESSENTIAL FUNCTIONS
The duties listed below are intended only 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 position if the work is similar, related, or a logical assignment to the class.
1. Administers records program including appropriate control over the maintenance,
protection, retention and disposition of records in accordance with legal and
operational requirements.
2. Processes, researches, and responds to records requests and inquiries from the
public, staff, and City Council pertaining to City actions, laws, procedures, records and
documents.
3. Trains, coordinates, supervises, and provides direction to office staff regarding
records management practices and departmental procedures.
4. Maintains the City's Electronic Document Management System (EDMS) including
minutes of meetings, ordinances, resolutions, contracts and agreements, County -
recorded records, and other public documents as needed.
Deputy City Clerk Page 1/4
ESSENTIAL FUNCTIONS (continued)
Prepares and types a variety of routine correspondence including letters, statements,
and proclamations, including documents for County recording; proofreads materials
for accuracy and completeness and compliance with regulations and procedures.
6. Assists the City Clerk in the coordination of Fair Political Practices Commission
filings such as Economic Statements of Interest for designated employees,
commissioners, and City Council members.
Assists in the conduct of City elections, voter registration, bid openings, the
administration of oaths, preparation and filing of legal notices, the recording of
documents, and other official City Clerk's Office functions.
8. Administers claims, summons, subpoenas, and liability claims against the City;
coordinates document handling with City Staff, City Attorney, and claims adjusters.
9. Assists with the preparation and printing of agenda items and agenda packets for
City Council meetings.
10. Prepares, publishes, and verifies posting of all legal notices and solicitations for bids;
mails legal notices to property owners as required.
11. Monitors, answers, and operates the City's switchboard given overflow of incoming
calls and backs up the Executive Assistant to the City Manager during absences.
12.Sorts and screens City incoming mail and forwards to appropriate personnel in the
absence of the Executive Assistant to the City Manager.
QUALIFICATIONS GUIDELINES
Knowledge of:
California Code and California Code of Regulations; Municipal Code and related federal,
State and local codes and ordinances; California Public Records Act and Brown Act; rules
and procedures governing the notice and conduct of public meetings; procedures related to
codification of ordinances; supervisory techniques; office administration practices and
procedures; principles and practices of sound business communications; correct English
usage, including spelling, grammar and punctuation; basic functions of public agencies,
including the role of an elected Council and appointed boards and commissions; records
management practices; customer service techniques.
Deputy City Clerk Page 2/4
Ability to:
Operate computer hardware and use word processing, spreadsheet, Laserfiche and
specialized software; operate optical imaging system; use and operate modern office
equipment; organize tasks and set priorities; interpret, apply, explain and reach sound
decisions in accordance with laws, regulations, rules and policies; organize and maintain
office records; assist with election proceedings; administer records management program;
communicate effectively, both orally and in writing; prepare clear, accurate, and concise
records and reports; maintain sensitive and confidential information; establish and maintain
effective working relationships with City and County elected and appointed officials, staff,
management, the general public, and others encountered in the course of work.
Education/Training /Experience:
High School graduation or G.E.D. equivalent is required, supplemented by specialized
training related to the City Clerk profession. Three years of records management and
administrative support experience within a City Clerk's Office is desirable.
Licenses, Certificates; Special Requirements:
Valid Class C California Driver's License, acceptable driving record, and evidence of
insurance is required.
Possession of a Certified Municipal Clerk (CMC) designation is desirable.
Commission certification as an active Notary Public is desirable.
PHYSICAL AND MENTAL DEMANDS
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 class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and
occasionally to stand and walk. The sensory demands include the ability to talk and hear,
both in person and by telephone; use hands to finger, handle, feel or operate computer
hardware and standard office equipment; and reach with hands and arms above and
below shoulder level. The employee occasionally lifts and carries records and documents
typically weighing less than 20 pounds.
Specific vision abilities required by this job include close vision and the ability to adjust
focus.
Deputy City Clerk Page 3/4
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral
and written communication skills; read and interpret data; thoroughly analyze and solve
problems; exercise sound judgment in the absence of specific guidelines; use math and
mathematical reasoning; establish priorities and work on multiple assignments and
projects concurrently; meet intense and changing deadlines given interruptions; and
interact appropriately with staff, management, City officials, contractors, and public and
private representatives, and others in the course of work.
WORK ENVIRONMENT
The employee frequently works in office conditions where the noise level is usually
moderate, at and below 85 decibels. The employee attends City Council meetings, City
events, and other functions on behalf of the City, including functions being held during
evening and weekend hours.
Deputy City Clerk Page 4/4