Report Prepared by: Jennifer Parsley, Assistant City Clerk, City Clerk’s Office
Title
SUBJECT: Request to Remove a Member of the Personnel Board and Appointment to the Personnel Board to Appoint One Employee Nominated Individual
REPORT IN BRIEF
Considers removing a Personnel Board member due to violating the attendance policy and appointing one Employee nominated individual to the Personnel Board.
RECOMMENDATION
City Council - Adopt a motion:
A. Removing Jessica Fernandez as the Employee Appointed Personnel Board Member; and,
B. Appointing Pamela Toconis to serve as the Employee Nominated member for the Personnel Board with a partial term expiring on July 1, 2027, respectively.
Body
ALTERNATIVES
1. Remove the Personnel Board Member; or
2. Refer to staff with direction to resume recruitment of applicants.
AUTHORITY
Article VII, Sections 700, 702, 702.1, 707, and 708 of the Merced City Charter.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
The Personnel Board, created by City Charter, recommends to City Council the adoption, amendment, or repeal of civil service rules and regulations, in addition to other personnel matters. The Board consists of five members who serve four-year terms of office.
The members of the Personnel Board shall be nominated and appointed in the following manner:
Two members shall be appointed by the City Council from a list of five persons to be nominated by election by the employees in the classified service; two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. In the event the majority of the four thus appointed is unable to nominate three persons after sixty (60) days, the City Council may appoint from a list of less than three persons nominated. In the event the employees are unable to nominate five persons after sixty (60) days, the City Council may appoint from a list of less than five persons nominated. The successor of any member of the Board shall be nominated and appointed in the same manner as such member was nominated and appointed.
Employee Nominated Member Jessica Fernandez was appointed to a full term on August 21, 2023. This past year from April 1, 2025 to March 31, 2026, Ms. Fernandez has not attended any of the 6 meetings that were held. Staff has reached out to the Ms. Fernandez through email and by text on multiple occasions to confirm their attendance, she responded one time but ended up not in attendance to that meeting.
Per the Attendance Policy, (Attachment 4) every Board and Commission Member receives during their onboarding process states that a Commission, Committee, or Board Member shall be required to attend 70 percent of the scheduled meetings during a fiscal year. Ms. Fernandez has a 0 percent attendance. The Attendance Policy also states that the City Council may remove those commission, committee, or board members who do not meet the requirement of appointment.
The Clerk’s Office did receive an application to fill this position if Council so chooses to remove Ms. Fernandez.
Employee Nominated - The Clerk’s Office received an eligible application from Pamela Toconis.
The matter of removal and appointment to fill one seat on the Personnel Board is now before the Council.
IMPACT ON CITY RESOURCES
No impact on City resources.
ATTACHMENTS
1. Personnel Board Roster
2. Application (Employee Nominated)
3. Attendance Record
4. Attendance Policy