HomeMy WebLinkAbout2010-20 - Amending and Replacing Chapter 2.24 to Newport Beach Municipal Code Pertaining to the Civil Service SystemORDINANCE NO. 2010-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING AND
REPLACING CHAPTER 2.24 TO NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO THE CIVIL SERVICE
SYSTEM
RECITALS
WHEREAS, an ordinance of the City Council of the City Newport Beach conditionally
enacting Newport Beach Municipal Code Chapter 2.24 in order to replace the existing
Chapter 2.24, should Measure V pass at the November 2, 2010 election; and
WHEREAS, the existing Chapter 2.24 of the Newport Beach Municipal Code governing
the Newport Beach Civil Service System was adopted in 1958 through a vote of the
people enacting Ordinance No. 866; and
WHEREAS, the state of public employment law has changed dramatically since the
passage of Ordinance No. 866; and
WHEREAS, it is necessary in order to remain current in the law that the City's Civil
Service Ordinance be updated; and
WHEREAS, the City Council took action after receiving the recommendation of the
Charter Update Commission and the Civil Service Board regarding an update of the Civil
Service System to place such update on the ballot in the context of Measure V which is
scheduled for a vote of the people on November 2, 2010; and
WHEREAS, should Measure V pass, Ordinance No. 866, codified as Chapter 2.24 of the
Newport Beach Municipal Code, will be repealed; and
WHEREAS, it is necessary to replace Ordinance No. 866 with a more modern updated
ordinance in order to efficiently and effectively administer the personnel system of the
City; and
WHEREAS, the Civil Service Board heard three presentations regarding a recommended
replacement ordinance and replacement Civil Service Board rules at its August 2, 2010
meeting, September 13, 2010 meeting and October 4, 2010 meeting; and
WHEREAS, after hearing and considering the issues related to the update of the Civil
Service ordinance, the Civil Service Board has recommended an update of the system
consistent with this ordinance; and
WHEREAS, the City Council conducted a public hearing at its October 12, 2010 meeting
and at that meeting introduced this ordinance for first reading and took action at its
ATTEST:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By.
AVID R. H NT, ITY ATTORNEY
October 26, 2010 meeting conducting a second reading and thereby adopted this
ordinance;
NOW THEREFORE be it ordained as follows:
SECTION 1: The Recitals listed above are true and correct and the City Council shall,
and does hereby, adopt them as their findings in support of enactment of this ordinance.
SECTION 2: Chapter 2.24 of the Newport Beach Municipal Code as set forth in full
appended as Attachment "A" to this ordinance is hereby conditionally enacted in order to
replace the current provisions of Chapter 2.24 of the Newport Beach Municipal Code
should Measure V be passed by the voters at the November 2, 2010 election.
SECTION 3: That if any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that anyone to more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 12th day of October 2010, and adopted on the 26th day of
October, 2010, by the following vote, to -wit:
AYES, COUNCILMEMBERS Selich,Henn, Webb, Gardner, Daigle, Mayor Curry
NOES,COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS xosansky
MAYOR
CIVIL SERVICE ORDINANCE
Chapter 2.24 CIVIL SERVICE SYSTEM
Sections:
2.24.010
Definitions.
2.24.020
Inclusion in System.
2.24.030
Purpose of System.
2.24.031
Fair Employment.
2.24.040
Board Established.
2.24.050
Responsibilities and Authority of Board.
2.24.060
Responsibilities and Authority of City Manager.
2.24.070
Appointments.
2.24.080
Recruitment and Selection.
2.24.090
Eligibility Lists.
2.24.100
Selection of Fire and Police Chiefs.
2.24.120
Inspection of Examination Papers.
2.24.130
Conditions for Employment.
2.24.140
Employee Appeals.
2.24.150
Grounds for Demotion, Suspension or Dismissal.
2.24.160
Board Hearings.
2.24.190
Conflicts with City Charter.
2.24.010 Definitions.
The following terms, whenever used in this chapter shall be construed as follows:
Acting Appointment. The term "acting appointment' shall mean the temporary appointment of a
person to a position in a class for which there is no eligibility list; to a position occupied by a regular
employee on suspension as provided in Section 2.24.070; or to a position occupied by a probationary
or regular employee who is on a leave of absence.
Allocation. The term "allocation" shall mean the assignment of a single position to the proper class in
accordance with the specifications for that class.
Applicant. The term "applicant' shall mean a person whose application for employment has been
accepted, but who has not yet taken part in the selection procedure for a class.
Board. The term "board" shall mean the Civil Service Board established pursuant to this chapter and
the Newport Beach City Charter.
Candidate. The term "candidate" shall mean an applicant who is participating in the selection
procedure for a class.
Certification. The term "certification" shall mean the act of notifying a department head of the
candidates whose names appear on eligibility lists as set forth in Section 2.24.090.
City. The term "City' shall mean the City of Newport Beach.
City Charter. The term "City Charter" shall mean the City Charter of the City of Newport Beach
City Council. The term "City Council" shall mean the City Council of the City of Newport Beach
Class. The term "class" shall mean a group of positions sufficiently similar in duties, responsibilities,
authority, and minimum qualifications for employment to permit combining them under a common
title and the equitable application of common standards of selection and compensation.
Class Specifications. The term "class specifications" shall mean a written description of a class,
setting forth factors and conditions which are essential characteristics of positions in the class.
Continuous Service. The term "continuous service" shall mean the service without break or
interruption of an employee having a probationary or regular appointment.
Copyrighted or Standardized Tests. The phrase "copyrighted or standardized tests" shall mean
written examinations which are used by agencies other than the City of Newport Beach.
Demotion. The term "demotion" shall mean the reduction of an employee from a position in one
class to a position in another class which has a lower maximum rate of compensation.
Department Head. The term "department head" shall mean an employee who is the head of an
established office or department.
Dismissal. The term "dismissal" shall mean the termination of a regular employee pursuant to
Section 2.24.140.
Eligible. The term "eligible" shall mean a person whose name appears on an eligibility list.
Employee. The term "employee" shall mean a person legally occupying a position.
Eligibility Lists. The term "eligibility lists" as described in Section 2.24.090 shall mean a list of the
names of candidates who are eligible for probationary appointments to positions in a particular class.
Entrance -Level Position. The term "entrance -level position" shall mean a position in the first or
beginning class in a series of classes which have increasingly responsible duties and progressively
higher minimum qualifications and compensation.
Exempt Position. The term "exempt position" shall mean those positions which either are specifically
excluded by the City Charter from the Civil Service System or which are not included in the system in
accordance with Section 2.24.020.
He/His/Him. The terms "he," "his," "him" shall include the feminine and thus shall be gender neutral
Lateral Entry. This is an open list for the hiring of experienced persons in defined classes at a level of
pay commensurate with the level of experience. In some cases, experience will take the place of the
written exam.
Layoff. The term "layoff' shall mean, as an economy measure, the separation of an employee
because of lack of work or lack of funds.
Open Recruitment. The term "open recruitment' shall mean a recruitment that is not restricted to City
employees.
Original Appointment. The term "original appointment" shall mean a person's first appointment as an
employee of the City of Newport Beach.
Permanent Position. The term "permanent position" shall mean a position that is expected to exist
indefinitely.
Position. The term "position" shall mean a combination of current duties and responsibilities
assigned to a single employee and performed on either a full-time or part-time basis.
Probationary Status. The term "probationary status" shall mean the status of a person who has
acquired a probationary appointment.
Probation Period. The term "probation period" shall mean a working test period that is part of the
selection process and during which an employee is required to demonstrate his fitness for the duties
of the position to which he has been assigned by actual performance of such duties.
Promotion. The term "promotion" shall mean the advancement of an employee from a position in one
class to a position in another class which has a higher maximum rate of compensation.
Promotional Recruitment. The term "promotional recruitment" shall mean a recruitment that is
restricted to City employees.
Qualifications Appraisal Board. Unless otherwise designated shall be synonymous with "oral board".
Reallocation. The term "reallocation" shall mean the reassignment of a single position in a class to a
different class on the basis of a change in the duties and responsibilities of the position.
Reassignment. The term "reassignment" shall mean the change of an employee by a department
head from a position in a class to another position in the same class.
Recruitment. The term "recruitment" shall mean the process of attracting qualified persons to
participate in a selection process for a class.
Regular Employee. The term "regular employee" shall mean an employee who has successfully
completed his probationary period in a position.
Regular Status. The term "regular status" shall mean the status of an employee who has acquired a
regular appointment.
Reinstatement. The term "reinstatement" shall mean the reemployment of a former employee
Rejection. The term "rejection" shall mean separation from the City service of an employee who does
not successfully complete his probation period in a position and who does not have regular status in
another position in a different class; or, the reduction of an employee who did not successfully
complete his probation period in a position to another position in a different class in which he has
acquired regular status.
Resignation. The term "resignation" shall mean an employee's voluntary separation.
Rules and Regulations. The term "rules and regulations" shall mean the Civil Service rules and
regulations adopted pursuant to this chapter.
Selection. The term "selection" shall mean the process of evaluating the qualifications of candidates
through one or more techniques.
Separation. The term "separation" shall mean the termination of an employee's service with the City.
Suspension. The term "suspension" shall mean the temporary separation of an employee as a
disciplinary action.
System. The term "system" shall mean the Civil Service System created in accordance with this
chapter and the Newport Beach City Charter, and including only those positions to which the
provisions of this chapter apply.
Temporary Position. The term "temporary position" shall mean a position of limited duration.
Transfer. The term "transfer" shall mean a change of an employee from one position to another
position in the same class or in another class having the same maximum salary rate, involving the
performance of basically similar duties, and requiring substantially the same minimum qualifications.
Vacancy. The term "vacancy' shall mean a position that is not occupied by an employee having
either a probationary or regular appointment.
2.24.020 Inclusion in System.
Pursuant to Article VIII of the City Charter, all full-time, regular, and permanent positions or
employment on the Police and Fire Departments are included in the system, except those positions
excluded by Section 801, of the City Charter. The City Council, by ordinance, may include in the
system positions in other departments.
2.24.030 Purpose of System.
The purpose of the system is to establish an equitable and uniform procedure for handling personnel
matters; to attract to the City service the most competent persons available; to assure that the
appointment and promotion of employees will be based on merit and fitness; and to provide
reasonable security for employees.
2.24.031 Fair Employment.
No appointment to, promotion to, or removal from a position shall be affected or influenced in any
manner by sex, race, color, creed, nationality, age, political or religious opinion or affiliation, except
as provided elsewhere in this or other City resolutions, or under the terms and conditions of any
contractual agreement.
2.24.040 Board Established.
There is hereby established a Civil Service Board consisting of five members to be appointed by the
City Council in accordance with the City Charter. Each of the members shall be a person of good
repute in his business, profession or occupation and known to support civil service principles in the
public service.
2.24.050 Responsibilities and Authority of Board.
The functions of the Board shall be:
A. Meetings. To determine the order of business for the conduct of its meetings; to hold regular
meetings at least once a month and such special meetings as are necessary on call of the chairman
or a majority of the members of the Board, and to keep a record of its proceedings and transactions.
A majority of the members of the Board shall constitute a quorum for the transaction of business.
B. Rules and Regulations. To recommend to the City Council, after approval by the City Attorney
and after a public hearing thereon, the adoption, amendment, or repeal of rules and regulations to
implement the provisions of this chapter. After adoption by motion of the City Council, such rules and
regulations shall have the force and effect of law.
C. Appeals. To receive and hear appeals submitted by any person employed by the City relative to
any appointment, promotion, suspension, demotion, dismissal or other disciplinary action; the
alleged violation of this chapter or the rules and regulations; and to certify its finding and
recommendations as provided in this chapter.
D. Advisory Role. To act in an advisory capacity to the City Council on personnel administration in
the City service.
E. Investigations. To make any investigation concerning the administration of personnel in the
municipal service and report its finding to the City Council and City Manager when requested to do
so by the City Council, the City Manager or by any organized City Employee's association.
In any investigation or hearing it conducts, the Board shall have the authority to examine witnesses
under oath and to compel their attendance or the production of evidence before it by subpoenas
issued in the name of the City and attested by the City Clerk. It shall be the duty of the Police Chief to
cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to
such subpoenas shall subject said person to prosecution in the same manner set forth by law for
failure to appear before the City Council. Each member of the Board shall have the power to
administer oaths to witnesses
2.24.060 Responsibilities and Authority of City Manager.
The City Manager shall be responsible for the following:
A. Rules and Regulations. Preparation of amendments to the rules and regulations for
recommendation to the Board. The City Attorney shall approve the legality of such amendments prior
to their submission by the Board to the City Council for its approval. Rules and regulations shall be
adopted by motion of the City Council.
B. Class Specifications. The preparation and revision of class specifications for positions included in
the system.
C. Personnel Procedures. Administration of Board policies and procedures within the framework of
this chapter and the rules and regulations, including:
1. Public announcement of vacancies and examinations and the review of applications for
employment.
2. Preparation and conduct of examinations and the establishment, certification, extension or
vacation, and use of eligibility lists.
3. Certification and appointment of eligibles.
4. Evaluation of employees during probation periods and periodically thereafter.
5. Appointment, transfer, promotion, demotion, rejection, layoff, dismissal and reinstatement of
employees.
6. Allocation of positions to classes on the basis of duties, responsibilities and minimum
qualifications.
7. Maintenance and use of personnel records.
8. Maintenance of effective communications between employees and their supervisors; between
employees and the City Manager; and between employees and the Board relative to conditions of
employment.
D. Delegation of Authority: Any or all of the above functions and any or all functions designated to
be performed by the City Manager under the rules and regulations may be delegated by the City
Manager in writing to his or her designee. The City Manager's designee shall have the authority to
conduct the functions delegated as if he or she were the City Manager.
2.24.070 Appointments.
A. General Policy. Appointments shall be based on merit and fitness to be ascertained so far as
practicable by competitive examination. Appointments shall be made from eligibility lists by the
department head on approval of the City Manager.
B. Eligibility Lists. Subject to the provisions of this chapter with respect to reemployment eligibility
lists, when an appointment is to be made the names of the eligibles with the highest three scores
willing to accept appointment shall be certified to the department head in the order which they appear
on the appropriate eligibility list and the appointment shall be limited to these eligibles.
C. Acting Appointments. In the absence of an eligibility list for a class, a vacant position in that
class may be filled by an acting appointment. No credit shall be allowed in any examination or the
establishment of any eligibility list for service rendered under an acting appointment.
D. Temporary Positions. Appointments to temporary positions need not be made from eligibility
lists.
E. During Suspension. During the period of suspension of a regular employee from a position or
pending final action on proceedings to review the suspension, demotion, or dismissal of a regular
employee, the position may be filled only by an acting appointment.
F. Transfers. With the approval of the City Manager, an employee may be transferred from one
position to another. Transfers shall not affect in any way the status, rights and privileges of an
employee under this chapter.
G. Reinstatement. Provisions governing the reinstatement of a former employee shall be provided
in the rules and regulations.
2.24.080 Recruitment and Selection.
A. Recruitment. Recruitment shall be specified as promotional or as open. Insofar as practical and
consistent with the best interests of the City service, all vacancies shall be filled by promotion.
B. Selection.
1. The scope of an examination for a class shall be stated in the examination announcement. It may
consist of any one or a combination of the following techniques: written, oral, and demonstration
tests; and appraisal of education and experience; and any test of manual skills or physical fitness
which fairly evaluates the candidates;
2. A probation period as established in the rules and regulations shall apply to all appointments to
positions included in the system, except acting appointments. Successive probation periods in a
position shall not be allowed. In the event of promotion to a position in a higher class and at any time
within his probation period in that position, an employee may be rejected by the department head
and reduced to the position he occupied prior to such promotion without right of appeal to the Board,
provided he had acquired regular status in such former position. If the employee had not acquired
regular status in the system prior to such promotion, he may be discharged without right of appeal to
the Board.
2.24.090 Eligibility Lists.
A. Priorities. Priority for consideration for employment shall be given to eligibility lists in the following
order: reemployment eligibility lists, promotional eligibility lists, and open eligibility lists.
B. Reemployment Eligibility Lists. The reemployment eligibility list for a class shall consist of the
names of the following:
1. Layoff: Regular employees who have been laid off for lack of work or lack of funds.
2. Position reallocation: Regular employees whose positions in a class have been reallocated to a
class with a lower maximum rate of compensation.
Such names shall be placed on the list in reverse order of layoff or position reallocation. The order of
layoff or position reallocation shall be on the basis of inverse employee seniority in the class.
C. Promotional Eligibility Lists. Promotional eligibility lists shall consist of the names of City
employees who have been successful in a promotional recruitment and examination.
D. Open Eligibility Lists. Open eligibility lists shall consist of the names of all candidates who have
been successful in an open recruitment and examination.
E. Layoffs. The names of probationary employees who are laid off or reduced in rank for lack of
work or lack of funds shall be restored to the same promotional or open eligibility list from which the
original appointment was made and in the same order as when the original appointment was made.
F. Certification. Certification shall be made in conformance with the following provisions:
1. If a reemployment eligibility list exists for the class, the highest name on such list shall be certified
for each vacancy to be filled. Names on promotional or open eligibility lists shall not be certified if a
reemployment eligibility list for the class exists.
2. Except for acting appointments, no person may be appointed or transferred to any position in the
system unless he possesses the minimum qualifications set forth in the class specifications for that
position.
G. Duration. The duration of employment lists shall be as prescribed in the rules and regulations.
2.24.100 Selection of Fire and Police Chiefs.
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the
candidates who meet the minimum qualifications for the class after completion of a qualifications
appraisal process. The City Manager or his designee shall screen applicants for the minimum
qualifications for the class. The top candidates who meet the minimum qualifications shall be
examined in a qualifications appraisal process established by the City Manager. The City Manager
shall appoint a member, or members, of the Board to serve on a qualifications appraisal panel within
the qualifications appraisal process. The City Manager shall choose a candidate from the eligibility
list for the class complied after completion of the qualifications appraisal process.
2.24.120 Inspection of Examination Papers.
A. In General. The examination papers of candidates are not subject to inspection by the public.
Upon request made within seven days after the notices of the examination results have been mailed,
any candidate may inspect his own examination papers, including the questions and his answers,
excepting copyrighted or standardized tests. On copyrighted or standardized tests the candidate may
review the accuracy of scoring and computations by comparing his answer sheet with the key
answer sheet. The written comments of a qualifications appraisal board and the written evaluation of
a psychiatrist, if any, shall not be reviewed by the candidate. On request of the candidate, his rating
by the qualifications appraisal board shall be summarized for his information.
B. Review Procedure. If the candidate believes an error has been made in the grading of his
examination or in the credit given to him, he may, within twelve days after the mailing of examination
results, make written application to the Board for a review; provided, however, that in such
application he must state specifically and particularly wherein he believes an error has been made.
Al such appeals shall be conducted in a manner consistent with the rules and regulations.
2.24.130 Conditions for Employment.
A. Applications. The City Manager shall have the right to require all applicants to submit
applications, agreements, or statements pertinent to their employment.
B. Exempt Positions. Where there is no actual break in continuous service, an employee having
probationary or regular status in a position in the system who is appointed to an exempt position,
shall retain such status in the Civil Service position. Upon vacating the exempt position, the
employee shall on his request be restored to his former status in the position unless the reason for
such vacating is sufficient grounds for discharge from the City service as described in this chapter.
This provision shall not apply to an employee who resigns from a position in the system and, without
a break in his continuous service with the City, is appointed to an exempt position.
2.24.140 Employee Appeals.
The Board shall convene in regular or special meetings for the purpose of reviewing appeals of
regular employees in the system who have been suspended, demoted, or dismissed. The
procedures and timelines for handling of appeals are set out in the Board Rules.
2.24.150 Grounds for Demotion, Suspension or Dismissal.
Employees in the system may be demoted, suspended, or dismissed only on the following grounds:
Incompetency; inefficiency; dishonesty; misconduct; insubordination; or failure to observe
departmental or City rules and regulations.
2.24.160 Board Hearings.
A. In General. Board hearings need not be conducted according to technical rules relating to
evidence and witnesses.
B. Right to Counsel. The employee may be represented by counsel and shall have the right to
produce witnesses to testify in his behalf. The Board shall issue subpoenas and compel the
attendance of all witnesses.
C. Modification of Disciplinary Action. The Board may modify or revoke a disciplinary action only
on the following three grounds:
1. The facts do not justify the action taken, the action taken is unlawful or the action taken is
superseded by local, state or federal law; or
2. Substantive violation or omission of procedure was made; or
3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the
circumstances surrounding the offense, and the past record of the employee.
D. Reimbursement. An employee shall be reimbursed for a loss of pay arising from a disciplinary
action against him to the extent that it is subsequently revoked or modified by the Board.
Reimbursement shall be confined to the period of time between the date of such disciplinary action
and the date of the Board's final decision as set forth in Section 2.24.160.
E. Findings. The Board shall certify copies of its findings and decisions to the City Manager, the
department head from whose action the appeal was made, and the appellant employee. The Board's
determinations shall be final for persons included in the system.
2.24.190 Conflicts with City Charter.
In the event of any conflict between this chapter and the City Charter, the provisions of the City
Charter shall prevail.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH I
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2010-20 was duly and regularly introduced on the 12th day of October, 2010,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 26th day of October, 2010, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Selich, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: Rosansky
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of October, 2010.
(Seal)
'0 bw��
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010-20 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
2010.
Introduced Ordinance: October 16, 2010
Adopted Ordinance: October 30, 2010 NwolkVIn witness whereof, I have hereunto subscribed my name this 1 ' l day of
City Clerk
City of Newport Beach, California