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Note: Missing finding numbers detected: F6, F7, F8, F9, F10, F11
Findings and Recommendations 6 findings
F1
The City lacks systemic documentation to support its decisions to classify individual sole proprietor service vendors as independent contractors and to support its treatment of the individual as an independent contractor.
Related Recommendations (1)
R1
The City should identify and adapt legal standards into a form that can then serve as documentation for the City Attorney's approval or disapproval of independent contractor status of the vendor. Completed forms such as any appended hereto as
F2
Misclassification may subject the City to significant monetary liability.
Related Recommendations (1)
R2
The language in Article 14 of the City grant agreement form G100 (see Appendix B) should be incorporated into City contract agreement form P 500 and P501.
F3
The City Attorney's Office is currently the most knowledgeable agent in the City for making a determination as to whether a vendor should be an employee or an independent contractor.
Related Recommendations (1)
R3
The City Attorney's Office should either approve or reject each contract for services of individual vendors based on the submitted documentation described in the first recommendation.
F4
The Civil Service Commission has the authority to permit professional service vendors to be hired as employees outside the civil service system.
Related Recommendations (1)
R4
The City should designate a department with expertise to formulate a method of monitoring the classification treatment of the sole proprietor vendor to insure that the contracting department has not, in practice, altered the terms and conditions under which contract services are being rendered. Possible tools for ongoing monitoring are continuing use by periodic re-submission of the initial form referenced in recommendation number 1, above, or a prospective written certification by departmental contract administrators that the monitoring department or the City Attorney will be notified if any of the responses given to the initial checklist change. All documentation to support an independent contractor determination should be permanently appended to each contract with a sole proprietor vendor and maintained by the Office of Contract Administration for the length of the longest statute of limitations.
F5
Simple forms or checklists currently exist and have been used in other jurisdictions to document independent contractor status.
No recommendations for this finding
F12
Persons employed in positions in any department for expert professional temporary services, when such positions are exempted from said classified civil service for a specified period of said temporary service by order of the civil service commission. However, we recommend that if the Civil Service Commission creates such a classification, it condition that any appointment to a position in such a class be approved by the Department of Human Resources lest agencies interpret the existence of such classification as a vehicle for avoiding the civil service process. The Civil Service Commission should also create an exempt classification for professional services positions where the services will be needed for a longer period of time that will mandate the payment of fringe benefits. The Commission has the authority exempt such positions under City Charter Section 10.104, subsection 18. However, in this instance we again recommend that if the Civil Service Commission creates such a classifications, it condition that any appointment to a position in the classification be approved by the Department of Human Resources. A practice of the City agencies and the Civil Service Commission for which we find no statutory, charter or code authority is the practice of agencies seeking approval and the Civil Service Commission approving or disapproving services of the City to be contracted out to vendors who are independent contractors. FINDINGS 1. The City lacks systemic documentation to support its decisions to classify individual sole proprietor service vendors as independent contractors and to support its treatment of the individual as an independent contractor.
No recommendations for this finding
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
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R6If there is currently no civil service exempt classification in which a vendor whose classification is questionable can be hired as an employee, the Civil Service Commission should create such a classification. Appointment to such a classification should be approved by the Department of Human Resources. REQUIRED RESPONSES TO FINDINGS AND RE
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