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Since discussions with the negotiations sub -committee and staff have been on-going in good faith basis for a few months, it is recommended that the proposed salary increase for the non- statutory/non-elected duties be made retroactive to July 1, 2007. BIFURCATION OF DUTIES Because of the additional compensation, the City Clerk's duties have been and will continue to be bifurcated. The incumbent will continue to perform the non -statutory duties traditionally associated with the City Clerk in Colton, and shall be properly compensated for those supplemental duties during this term of office. Upon the completion of the current term of office in 2008, regardless of who is elected, supplemental compensation and benefits for the non -statutory duties will be subject to the discretion of the City Council. Supplemental Issue #2 (Statutory and Supplemental Duties): A consultant for the City prepared a job description for the City Clerk, which was presented on July 16, 2002 (See Attached City Clerk Job Description Dated July 16, 2002). This job description contains both elected/statutory duties and supplemental duties. In furtherance of the Council's desire to specify the elected/statutory duties and clearly distinguish them from the supplemental duties, staff is recommending the adoption of an Ordinance and revised job description (See Attached Ordinance and City Clerk Job Description Dated December 4, 2007). Elected/Statutory Duties: The elected/statutory duties are those legal duties and responsibilities required by law to be conducted by the City Clerk. Such statutory duties are numerous and are found in various sections of the Government Code. While it is not possible to provide a definitive list, the primary statutory duties can be summarized as follows: • Keep a record of the proceedings of the legislative body. (GC §§ 36814 & 40801) • Attest to each ordinance. (GC § 36932) • Publish or post ordinances and all summaries of ordinances. (GC § 36933) • Keep a record ("book") of all city ordinances, including the City Clerk's certificate of publication for each ordinance. (GC § 40806) • Custodian of the City seal. (GC § 40811) • (A) administer oaths; (B) take and certify affidavits and depositions pertaining to City affairs and business which may be used in any court or state proceedings; and (C) make an "acknowledgment of an instrument". (GC § 40814) • Administer and file oaths of office for city officers. (GC § 36507) • Countersign general obligation bonds. (GC §§ 43623 & 43625) • Attest to subpoenas signed by the mayor. (GC § 37105) • File affidavit of completion with the county recorder regarding the change of a city's name. (GC § 34080) • File with the county any instruments for changing names of streets, parks, etc. (GC § 34092) • Execute a bond to the City before entering upon the duties of his/her office, and it shall be filed with the mayor. (GC §§ 36518 & 36520) • Receive bonds required to be filed by all other public officers. (GC § 36520) • Receive written objections to the public destruction of unsold bonds. (GC § 43903) • Certify a copy of each primary code adopted by reference and each secondary code pertaining thereto. (GC § 50022.6) • Receive claims filed against the City pursuant to the Tort Claims Act. (GC § R VPUB\DDERLETH\739688.12