The city of Morgan Hill posted a job opening for a full-time
deputy city clerk last week, and it appears the need to fill the
position which has been open since May is not directly related to
public complaints about how the office is structured.
The city of Morgan Hill posted a job opening for a full-time deputy city clerk last week, and it appears the need to fill the position which has been open since May is not directly related to public complaints about how the office is structured.
The deputy clerk position, listed on the city’s books as a “council services and records coordinator,” is responsible for maintaining city council records including meeting minutes, processing passport applications, and assisting the elected clerk with elections services.
The position is currently vacant. The position that traditionally performed the same responsibilities was occupied by Tina McVay until she resigned for personal reasons in May.
Following her resignation the city attempted to recruit a new employee but was unsuccessful, according to assistant to the city manager Brian Stott. The job posted last week marks the city’s renewed efforts to recruit a new council services and records coordinator.
In the meantime, the city has continued to hire McVay on a temporary basis to take minutes at council meetings, at a cost of $400 per meeting. As of September, the city had paid McVay a total of about $1,600 to take minutes at meetings since she resigned, city finance director Kevin Riper said.
Morgan Hill resident Rich Jensen called the lack of a full-time staff person to take minutes for council meetings a violation of city code and an overall “mess.” In recent months he has made a number of open records requests for information related to the city’s hiring and management of the city clerk’s office.
“It seems to me they need to fix and properly fund the city clerk’s position, then write some qualifications in there other than a high school diploma, if that’s what they’re worried about,” Jensen said.
In response to one request for the written contract between the city and McVay for her temporary services, city staff said there was no such document though she is expected to continue providing the services until the end of December.
In another e-mail to Jensen, city finance director Kevin Riper said the city considers McVay an independent contractor for tax filing purposes, and she is paid out of the general fund.
Furthermore, Jensen asked if McVay has a license to do business in Morgan Hill, suggesting one is required in order to provide services as an independent contractor for the city. Riper said McVay does not have a business license, and he said no contract is required for vendors who provide services at the price offered by McVay. In August, the city drafted a “purchase order” to pay McVay up to $3,800 for minutes services.
Jensen has also complained that a recent restructuring in the city clerk’s office is an attempt to consolidate power in the city manager’s office. However, city manager Ed Tewes said such a claim represents a “misunderstanding” of the council services and records position. He said for two years – since city clerk Irma Torrez retired as a city staff member – the city has planned to reduce staffing in the clerk’s department. Torrez’ retirement in 2008 allowed the city to downgrade her former full-time position, which answered directly to the city manager, to one that would save the city money.
“The city council was determined to take advantage of (Torrez’ retirement), and see if we could reorganize, with fewer people in that department,” Tewes said.
The city has an elected city clerk, and will continue to for the foreseeable future following the defeat of Measure P – a local ballot initiative sponsored by the city council to make the city clerk and city treasurer appointed rather than elected after 2012. Stott said he did not know how a successful Measure P vote would have changed the structure of the clerk’s office.
Torrez, who was re-elected in 2008, used to serve as a full-time council services and records manager.
Since her retirement, the city has reduced Torrez’ former staff position from a “manager” to a “coordinator,” saving the city about $50,000 a year, Stott said. The position currently advertised for hire lists a salary of $6,270 to $7,805 per month, plus benefits.
Jensen noted it “seems kind of strange” that the city would offer the elected clerk a $200 monthly stipend, yet offer the advertised salary to a deputy clerk.
The coordinator plus 1.5 existing administrative and records staff at city hall are currently shared with the city manager’s office, Stott said. The city clerk’s office used to have four full-time paid staff before budget cuts began about three years ago.
“Under our personnel rules, the city manager can supplement (existing staff) with temporary staffing, and that’s why we contracted for the work with (McVay),” Stott said.
Torrez was out of town at press time and did not respond to requests for comment.
Gilroy city clerk Shawna Freels said the city of San Juan Bautista saw a similar arrangement for temporary “minutes clerk” services when she served as that city’s elected clerk, about five years ago. The minutes clerk at that time was hired during a staff transition, which she said is not unusual.
“It’s done in other cities, typically by contract,” Freels said. “It does happen now and again. We also have municipal services retired employees (we can hire) on an interim basis to fill those gaps.”
Freels added that she did not know if the $400 per meeting paid to a contractor to take meeting minutes sounded reasonable.
Gilroy’s city clerk is appointed by the city council. Like its Morgan Hill counterpart, the department has taken a hit due to budget problems in recent years, Freels said. Freels serves as the full-time department manager, and she has two office assistants she shares with other city offices.
Jensen added that the current staffing situation in Morgan Hill illustrates the need to keep the city clerk an elected position whose occupant is determined by the voters.
“The city clerk’s office is intended to be an independent office,” Jensen said.
