City of San Leandro
Staff Report for City Council
Direction – City Clerk’s Office
Richard D. Pio Roda, City Attorney
Dec. 5, 2022
A. City Council Referral for First
Reading of Ordinance to Effectively
Bring City Clerk Position Under Council
B. Background
C. Meet & Confer
D. Questions Presented and Direction
Introduction
City Clerk and City Council
Section 435: CITY CLERK.
(a) The Council shall appoint a City Clerk, who shall
serve at the pleasure of the Council, and shall perform such duties consistent with this Charter as may be
required by the Council.
(b) The Council by ordinance may consolidate the
office and functions of the City Clerk with that of the City Manager.
- Officer in City Manager’s office assigned
to City Clerk duties
- Assignment approved by City Council
- Authenticate and certify official acts, documents,
records, and election results
- Deposit and custody of resolutions, ordinances,
minutes, disclosure statements, petitions and other
official documents.
City Clerk and City Manager
Ordinance No. 2002-027|Muni Code Sec. 1-2-110
Duties: Government Transparency Laws
Brown Act and Public Records Act
• Administer and manage open meeting requirements
• Administer and manage City’s records
– Assist Departments to comply with California
Public Records Act
– Records Retention Policies
– Form 700 disclosure statements and ethics
trainings
– Accept service of process upon City (subpoenas,
claims, summons)
Govt. Code Sec. 3505: City must meet and confer in good faith with representatives of its represented employee
organizations before making a determination of policy or course of action that involves a mandatory subject of
bargaining.
Meet & Confer
- City Clerk: San Leandro
Management Organization
- Deputy City Clerk &
Admin Assistants: San
Leandro City Employees
Association
• Wages
• Hours
• Terms and conditions of
employment.
Meyers-Milias-Brown Act
• To determine terms and
conditions, policies
and procedures of City Clerk
Department employees.
Meet & Confer
Staff time and consulting services are necessary:
– Failure to meet and confer is an unfair labor
practice (Govt. Code Sec. 3506.5)
– Compliance with the law requires meet and confer
– Staff resources and consulting work to determine
details for meet and confer and standing up a City
Clerk’s office under City Council management will be
significant.
• Will require City Manager’s Office’s assistance, especially with labor negotiations.
• Urgency status of referral
• Referral to City Council priority session in February Direction Requested