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HomeMy WebLinkAboutReso 95-20 Lichtig Interim Finance Director - 180 day exception_signedRESOLUTION NO. 95-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FOR 180-DAY WAIT PERIOD EXCEPTION G.C. SECTIONS 7522.56 & 21221(H) THE CITY COUNCIL City of Morro Bay, California WHEREAS, in compliance with Government Code section 7522.56 the City of Morro Bay (`City") City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Katie Lichtig (CalPERS ID 5157809095) retired from the City of Santa Monica in the position of Assistant City Manager/Chief Operating Officer, effective June 1, 2020; and WHEREAS, section 7522.56 requires that post -retirement employment commence no earlier than 180 days after the retirement date, which is November 29, 2020 (date of 181 st day after retirement) without this certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, the City Council of the City and Ms Lichtig certify that she has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the City Council of the City hereby appoints Ms. Lichtig as an interim appointment retired annuitant to the vacant position of Finance Director for the City under Government Code section 21221(h), effective November 2, 2020; and WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is active; and WHEREAS, this section 21221(h) appointment shall only be made once and therefore will end on November 1, 2021 if not automatically terminated earlier and WHEREAS, the entire employment agreement, contract or appointment document between Ms. Lichtig and the City of Morro Bay has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar, and WHEREAS, the employment shall be limited to 960 hours per fiscal year, except as allowed by CalPERS pursuant to Executive Order N-25-20, which suspends the 960 hour per fiscal year limit during the state of emergency due to the COVID-19 pandemic, and 1 WHEREAS, the compensation paid to retirees cannot be Tess than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $11,628.58 and the hourly equivalent is $67.09, and the minimum base salary for this position is $9,566.83 and the hourly equivalent is $55.19; and WHEREAS, the hourly rate paid to Ms. Lichtig will be $67.09; and WHEREAS, Ms. Lichtig has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Morro Bay City Council hereby certifies the nature of the employment of Katie Lichtig as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Finance Director for the City by November 2 2020 because such position is essential to maintaining the basic ongoing operations and financial health of the City, ensuring adequate staffing during the state of emergency caused by the COVID-19 pandemic, and because a recruitment for the permanent position of Finance Director could not be completed by this date. PASSED, APPROVED AND ADOPTED this 27th day of October 2020. ADDING, Mayor ATTEST: State of California ) County of San Luis Obispo ) SS City of Morro Bay ) I, Dana Swanson, City Clerk of the City of Morro Bay, California, do hereby certify that the City Council of the City of Morro Bay duly approved and adopted the foregoing Resolution No. 95-20 at a regular meeting of said Council held on the 27th day of October, 2020, by the following roll call vote: AYES' Headding, Addis, Davis, Heller, McPherson NOES None ABSENT: None ABSTAIN: None a Swanson, City Clerk 2 CITY OF MORRO BAY AT -WILL INTERIM FINANCE DIRECTOR EMPLOYMENT AGREEMENT This AT -WILL INTERIM FINANCE DIRECTOR EMPLOYMENT AGREEMENT ("Agreement") is made by and between the CITY OF MORRO BAY (the "City") and KATIE LICHTIG ("Employee") The City and Employee may be referred to individually as a "Party' or collectively as "the Parties. ' WHEREAS, Government Code subdivision 21221(h) permits retired annuitants under the California Public Employees' Retirement System ("Ca1PERS") to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position; WHEREAS, the City's former Finance Director recently resigned from this position and as a result the Finance Director position is presently vacant; WHEREAS, the City is currently conducting an open recruitment to permanently fill the position of Finance Director; WHEREAS, the City anticipates the Finance Director position will be filled with a permanent replacement by May 31, 2021; WHEREAS, the duties of the Finance Director are set forth in full in Exhibit "A" to this Agreement; WHEREAS, it is the desire of the City Manager to appoint Employee to serve as an at - will, temporary employee for the position of Interim Finance Director, which is a position that requires specialized skills and expert professional services for a definite period of time, effective November 2, 2020; WHEREAS, as a Ca1PERS retired annuitant under Government Code subdivision 21221(h) Employee (i) possesses knowledge, skills and abilities necessary to fulfill the required duties of the Interim Finance Director, as demonstrated by her prior experience as a city manager and assistant city manager/chief operating officer for several California cities over an extensive period of time, (ii) desires to perform the duties of and assume responsibility for the position of Interim Finance Director, and (iii) acknowledges such employment is at -will and of a limited duration for a definite period of time, as described below; and WHEREAS, the Parties wish to establish the terms and conditions of Employee's services to the City, as described in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: Page 1 of 7 Section 1: TERM The term of this Agreement shall commence on November 2, 2020 and shall automatically terminate on November 1, 2021 unless terminated prior to that date by either Party (the "Term"). The City shall terminate this Agreement in accordance with Section 4 of this Agreement upon the City appointment of a permanent replacement for the position of Finance Director. In no event shall the Term exceed the 960-hour per fiscal year limit under Government Code subdivision 21221(h) except as allowed by Ca1PERS pursuant to Executive Order N-25-20, which suspends the 960 hour per fiscal year limit during the state of emergency due to the COVID-19 pandemic. In the event Employee works 960 hours during the Term of this Agreement without Ca1PERS authorization then this Agreement shall terminate automatically. November 2, 2020 shall be Employee's 'Hire Date' for purposes of this Agreement. Section 2: DUTIES, RESPONSIBILITIES, AND WORK HOURS A. Employee shall be appointed to the position of Interim Finance Director, the functions and duties of that position, as described in Exhibit "A' to this Agreement, and such other legally permissible and proper duties and functions as the City Manager shall, from time to time, direct or assign to Employee. Employee acknowledges the position of Interim Finance Director requires specialized skills and expert professional services for a definite period of time, as described above in Section 1 of this Agreement. Employee agrees to perform all such functions and duties to the best of Employee's ability and in an efficient, competent, and ethical matter. B. Employee acknowledges proper performance of the duties of Interim Finance Director will generally require Employee to observe normal business hours (currently 8:00 a.m. to 5:00 p.m Monday through Friday, including a standard one hour lunch period), as set by the City, as well as regularly devote time outside of normal office hours, including attendance at City Council and other City or community meetings. Furthermore, the Interim Finance Director position remains an "exempt" classification under the overtime provisions of the federal Fair Labor Standards Act ("FLSA") and Employee shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA. Notwithstanding the foregoing, the Parties understand and agree, due to the Ca1PERS' limitation on the number of hours Employee can work for the City, Employee may not be available during some hours or days, if extra time is required for attendance at meetings and other reasons relating to City -business. C. All data, studies, reports, and other documents prepared and/or reviewed by Employee while performing her duties during the Term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law. Such materials, without the prior written consent of the City, shall not be used by Employee for any purpose other than the performance of her duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. Page 2 of 7 Section 3: COMPENSATION/ BENEFITS PROHIBITED A. The City agrees to compensate Employee at approved rate of compensation for the Finance Director position, which is currently Eleven Thousand Six Hundred Twenty-eight Dollars and Fifty-eight Cents ($11,628.58) per month (based on an annual salary of $139,543.00), to equal an hourly rate of Sixty-seven Dollars and Nine cents ($67.09; $11,628.58 divided by 173.333). That calculated hourly rate is simply to show compliance with Ca1PERS' requirements (Gov't Code subdivision 21221(h)) and not to be construed as designating the Interim Finance Director position as hourly employment and anything other than salaried and exempt pursuant to the FLSA. B. Employee shall not be eligible for any other benefits incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate except for the above hourly rate and workers' compensation benefits. Section 4: RESIGNATION/TERMINATION A. Employee may resign at any time; provided, however, Employee shall reasonably provide the City Manager with at least thirty -days' advance written notice unless otherwise shortened by the City Manager. B. Employee is an at -will employee and serves at the will and pleasure of the City Manager and may be terminated at any time, with or without cause, and with or without notice, at any time by the City Manager C. In accordance with state law and the requirements of the California Public Employees Retirement Law, Employee may not be reappointed to this position following the expiration of this Agreement, nor may this Agreement be modified to extend the term of the Agreement. D. After notice of resignation or termination, Employee shall cooperate with the City, as requested by the City, to effect a transition of Employee's responsibilities and duties and to ensure the City is aware of all matters being handled by Employee. E Employee shall not be entitled to severance pay and Employee expressly waives any and all rights with respect to severance pay. Section 5. NOTICES Notices required to be served pursuant to this Agreement shall be served in person or by first-class U.S. mail addressed as follows: City City Manager City of Morro Bay 595 Harbor Street Morro Bay, California 93442 Page 3 of 7 Employee Katie Lichtig Address on file with the City Section 6: GENERAL TERMS AND CONDITIONS The General Terms and Conditions of this Agreement are described as follows: A. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold haiinless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee s employment, or any other intentional or malicious conduct or gross negligence of Employee. B. Entire Agreement. The text of this Agreement shall constitute the entire and exclusive agreement between the Parties regarding the subject matter hereof. All prior oral or written communications, understandings, or agreements between the Parties not set forth herein shall be superseded in total by this Agreement. No amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City's Mayor and approved as to form by the City Attorney. C. Assignment. This Agreement is not assignable by either the City or Employee. D. Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement. E Effect of Waiver. The failure of either Party to insist on strict compliance with any of the teinis, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that teini, covenant, or condition nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in San Luis Obispo County, California. Employee expressly waives any right to remove any such action from San Luis Obispo County. G. Effective Date. This Agreement shall not become effective until it has been signed by Employee and on behalf of the City. H. Effect of Agreement on Employee s CaIPERS Retirement Benefits. The City makes no representation on the impact, if any, this Agreement shall or may have upon her Page 4 of 7 Ca1PERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, she has not relied upon any such representations (none of which being in existence) in assessing the Ca1PERS-related impact of her employment. Therefore, Employee releases the City from any and all Ca1PERS-related claims or liabilities that may arise in connection with her employment pursuant to this Agreement. I. No Unemployment Insurance Benefits Received By Employee. Employee expressly certifies and warrants to the City that she has not received any unemployment insurance payments for retired annuitant work for any public employer within the 12 months prior to her appointment date. J. Compliance With 960 Hours Per Fiscal Year Limit. Employee further certifies and warrants to the City her anticipated work schedule of 40 hours per week will not cause her to exceed the 960 hours per fiscal year limit pursuant to Government Code subdivision 21221(h), including work for any other Ca1PERS employer during the current fiscal year. K. Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee s duties under this Agreement Employee shall comply with all requirements of law, including but not limited to, Sections 1090, 1125, and 87100 et seq. of the Government Code, and all other similar statutory and administrative rules. L. Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or at least had the opportunity to do so, that each has carefully reviewed this entire Agreement, that each and every term thereof is understood, and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. M. Government Code §§ 53243 - 53243.4. Government Code §§ 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. Those statutes also require contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her office or position to provide reimbursement to the local agency. Those statutes are incorporated herein by reference. Accordingly the Parties agree it is their mutual intent to fully comply with the cited Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement: §53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position. §53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position. Page 5 of 7 §53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position. §53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position. §53243.4. "Abuse of office or position" defined. Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee. IN WITNESS WHEREOF, the City of Morro Bay has caused this Agreement to be signed and executed on its behalf by its City Manager, and approved as to form by the City Attorney, and executed by the Employee. CITY OF MOBAY, Scott Collins, City Manager Attest: u� �1.Jati-ss*� Dana Swanson, City Clerk Approved as to form: Chris F. Net.eyer City Attorney [Signatures continued on Page 7] Page 6 of 7 [Signatures continued from on Page.6] EMPLOYEE, Insigning this Agreement, Employee understands and agrees she is an at -will, salaried and exempt employee and her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City, which; e ght otherwiseapply to classified,. or, other employees of the City. Employee further ad wledges e was ,given.. opportunity`to ,consult with an attorney -prior to signing .this. Agreement. Dated: 0 • �`�, 2ozo Signed: Page 7 of 7 % I lair. KATIE H I G FINANCE DIRECTOR CITY OF MORRO BAY FINANCE DIRECTOR DEFINITION Under administrative direction of the City Manager to plan, organize, and direct the activities of the Finance Department by performing responsible administrative work in fiscal and budget administration; and to do related work as required. ESSENTIAL DUTIES & RESPONSIBILITIES l . Plans, organizes, and directs activities related to the City' s municipal finance system. 2. Formulates rules, procedures, and policies for the efficient operation of the department. 3. Manages departmental personnel including interviews, selection, training, evaluations, and discipline. 4. Prepares and administers annual departmental operating budget, manages operations to achieve goals within available resources. 5. Consults with governmental agencies, other staff members and the public; attends meetings, makes presentations and recommendations to appointed and elected officials on departmental -related activities. 6. Evaluates the need for, and develops plans and budget schedules for, long-range programs. 7. Prepares grants, formal bid specifications, and request for proposals, and manages same. 8. Prepares and submits periodic reports, analysis, and recommendations, concerning departmental activities. 9. Administers the maintenance of financial records, including utility billings, business tax certificates, payables, receivables, collections, and payroll activities. 10. Acts as property manager, relating to City -owned property and rentals. 11. Acts as Purchasing Agent for the City. 12. Invests City funds, as the City Treasurer. 13. Responsible for data gathering and accumulation of information for annual budget; assists City Manager with presentation and production of proposed and final document. 14. Staff coordinator for the Citizens Oversight/Finance Advisory Committee, which entails preparing agendas, staff reports, scheduling and attending meetings, and providing reports as requested. 15. Responsible for City' s computerized multi -fund municipal accounting system and upgrades. 16. Responsible for strategic financial focus including 10-year budget projection. 17. Responsible for the financial performance and reporting fot major projects. 1 FINANCE DIRECTOR 18. Coordinates City audits, prepares or assists with State Controller's reports, CAFR or basic financial statements. QUALIFICATIONS Knowledge of: Principles, problems, and methods of public and business administration, as applied to a municipality; general municipal revenue and accounting principles and practices; public purchasing requirements and procedures; laws regulations, and ordinances affecting fiscal operations and audits; technology related to computerized financial systems; principles of supervision and training; investment portfolio management. Ability to: Learn, understand, interpret, and apply laws, rules, and regulations to specific accounting and financial situations; organize and supervise the work of staff, engaged in a variety of accounting and financial record -keeping operations; prepare accurate financial reports and analyses; prepare bid packages and oversee purchasing for City equipment and supplies; comprehend computer -generated financial data; establish and maintain cooperative relationships with those contacted during the course of work; supervise others. Education and Experience: Equivalent to graduation from an accredited college or university with major work in accounting, business administration, or closely related field; possession of an M.B.A., C.P.A., or M.P.A. desirable. Five years of professional -level financial management experience in government or private industry requiring knowledge of accounting, purchasing, budgeting, and related central services, such as mail services and surplus property operations; two years of supervisory experience. Possession of a valid and appropriate California driver' s license. TOOLS & EQUIPMENT USED Personal computer including work processing and spreadsheet software; mainframe computer system, 10-key calculator; telephone; copy machine; fax machine; scanner. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable 2 FINANCE DIRECTOR accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to walk. The employee must occasionally lift and/or move up to 25 pounds Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here aie representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet. SELECTION GUIDELINES Formal application, rating of education and experience, oral interview and reference check; job related tests may be required. The duties listed above 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 position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approved by the Morro Bay City Council on August 23, 2016. 3 FINANCE DIRECTOR CITY OF MORRO BAY FINANCE DIRECTOR DEFINITION Under administrative direction of the City Manager to plan, organize, and direct the activities of the Finance Department by perfouuing responsible administrative work in fiscal and budget administration; and to do related work as required. ESSENTIAL DUTIES & RESPONSIBILITIES 1. Plans, organizes, and directs activities related to the City' s municipal finance system. 2. Foiniulates rules, procedures, and policies for the efficient operation of the department. 3. Manages departmental personnel including interviews, selection, training, evaluations, and discipline. 4. Prepares and administers annual departmental operating budget, manages operations to achieve goals within available resources. 5. Consults with governmental agencies, other staff members, and the public; attends meetings, makes presentations and recommendations to appointed and elected officials on departmental -related activities. 6. Evaluates the need for, and develops plans and budget schedules for, long-range programs. 7. Prepares grants, formal bid specifications, and request for proposals, and manages same. 8. Prepares and submits periodic reports, analysis, and recommendations, concerning departmental activities. 9. Administers the maintenance of financial records, including utility billings, business tax certificates, payables, receivables, collections, and payroll activities. 10. Acts as property manager, relating to City -owned property and rentals. 11. Acts as Purchasing Agent for the City. 12. Invests City funds, as the City Treasurer. 13. Responsible for data gathering and accumulation of information for annual budget; assists City Manager with presentation and production of proposed and final document. 14. Staff coordinator for the Citizens Oversight/Finance Advisory Committee, which entails preparing agendas, staff reports, scheduling and attending meetings, and providing reports as requested. 15. Responsible for City' s computerized multi -fund municipal accounting system and upgrades. 16. Responsible for strategic financial focus including 10-year budget projection. 17. Responsible for the financial performance and reporting for major projects. 1 FINANCE DIRECTOR 18. Coordinates City audits, prepares or assists with State Controller's reports, CAFR or basic financial statements. QUALIFICATIONS Knowledge of: Principles, problems, and methods of public and business administration, as applied to a municipality; general municipal revenue and accounting principles and practices public purchasing requirements and procedures; laws regulations, and ordinances affecting fiscal operations and audits; technology related to computerized financial systems; principles of supervision and training; investment portfolio management. Ability to: Learn, understand, interpret, and apply laws, rules, and regulations to specific accounting and financial situations; organize and supervise the work of staff, engaged in a variety of accounting and financial record -keeping operations; prepare accurate financial reports and analyses; prepare bid packages and oversee purchasing for City equipment and supplies; comprehend computer -generated financial data; establish and maintain cooperative relationships with those contacted during the course of work; supervise others. Education and Experience: Equivalent to graduation from an accredited college or university with major work in accounting, business administration, or closely related field; possession of an M.B.A., C.P.A., or M.P.A. desirable. Five years of professional -level financial management experience in government or private industry requiring knowledge of accounting, purchasing, budgeting, and related central services, such as mail services and surplus property operations; two years of supervisory experience. Possession of a valid and appropriate California driver' s license. TOOLS & EQUIPMENT USED Personal computer including work processing and spreadsheet software, mainframe computer system; 10-key calculator; telephone; copy machine; fax machine; scanner. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable 2 FINANCE DIRECTOR accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to walk. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet. SELECTION GUIDELINES Formal application, rating of education and experience, oral interview and reference check; job related tests may be required. The duties listed above 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 position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approved by the Morro Bay City Council on August 23, 2016. 3