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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date:  May 23, 2000

Subject/Title:     Designation of Confidential Job Classifications

Submitted by:    Patricia Standley, Human Resources Supervisor

Approved by:     Jon Elam, City Manager

RECOMMENDATION        

Approve a resolution designating specific employee classifications as Confidential, as provided for under the Meyers/Milias/Brown Act.  Repeal Resolution No. 92-56.

PREVIOUS ACTION

Resolution 92-56 designated classifications (which are now obsolete) as confidential. 

BACKGROUND

Staff has informed representatives of the Brentwood Employees’ Association/Office Division that a designation of Confidential employees from their bargaining unit would be made as provided under the Meyers/Milias/Brown Act.  The Meyers/Milias/Brown Act provides for the designation of Management and Confidential employees in Government Code Section 3507.5.  

The purpose of designating Confidential employees is to preserve the confidentiality of information related to employer/employee relations as they pertain to the meet and confer process.  The Confidential designation prohibits such employees from serving as a representative of a bargaining unit when the unit includes other classifications that are not designated confidential.  Management employees are already designated by the City to be Confidential, therefore, it is only necessary to designate other classifications considered to be Confidential by the City.

The City of Brentwood’s Resolution No. 167-X defines Brentwood’s Employer-Employee Relations Procedures.  Employee, Confidential is defined as “an employee who is privy to decisions of City management affecting employer-employee relations.”  Support staff in the Human Resources Division process work that involves sensitive and/or highly confidential information related to the meet and confer process.  In order to preserve the confidentiality of discussions and pending actions related to the negotiation process and other employer-employee relations issues, it is imperative that employees who have access to this type of confidential information be designated as such.

The proposed resolution designates all existing and future classifications in the Human Resources Division as Confidential employees.  Currently, these classifications include:  Human Resources Assistant and Administrative Office Assistant I/II.  

As additional positions are added that fit the above definition of Confidential they will be so designated from the date of hire.

The employees in these Confidential classifications may opt to petition the City Council at some future date, as defined in Resolution 167-X and 168-X, for the opportunity to represent themselves in negotiations as a group either formally or informally.  Until such time that a petition is presented to the City Council, employees working in Confidential classifications may remain in the Miscellaneous Office Bargaining Unit.

The Sub-Committee supports the above recommendation and presents it for City Council consideration and approval, effective immediately.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING DESIGNATION OF EMPLOYEE CLASSIFICATIONS AS CONFIDENTIAL.

WHEREAS, the Meyers/Milias/Brown Act provides for the designation of confidential employees in Government Code Section 3507.5, and

WHEREAS, in order to preserve the confidentiality of City Council discussions and actions during the negotiation process, employee classifications that have access to confidential information related to employee negotiations should be designated as Confidential, and

WHEREAS, employees working under a confidential classification shall not serve as a representative of a bargaining unit in the meet and confer process when the bargaining unit consists of non-confidential and confidential classifications.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby designates all existing and future employee classifications in the Human Resources Division as confidential employees.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on May 23, 2000 by the following vote:

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