HomeMy WebLinkAboutAtt D - CSB Background InfoAttachment D
Agenda Item No. 4
February 16, 2010
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
DATE: February 9, 2010
TO: Honorable Chair and Charter
Update Commission
FROM: Office of th ttorney
David Attorney
MATTER: Charter Update Matters: 2009110;
A09-00673
rod
H
V
RE: Civil Service System Background and Current Status
1. Civil Service Foundational Documents.
m�1
i
�</ Tc) .�o
The City of Newport Beach's civil service system is founded upon the provisions of Article
VIII of the City's Charter. It is then filled out by two other sets of regulations, Newport
Beach Municipal Code ("NBMC") Chapter 2.24 and the Civil Service Rules and
Regulations ("Rules"). Each set of regulations has a different role in carrying out the
fundamental purpose of the civil service system.
The provisions of Article VIII of the Charter are not long. In essence they simply direct and
enable the creation of a civil service system for the City by ordinance and require that all
full time, regular and permanent positions within the Police and Fire departments be in that
system. (Art. VII, sections 802 and 803.) They go on to exclude from the system elected
officials, the City Manager and any Assistant City Managers, the City Attorney and any
Assistant City Attorneys, the City Clerk, Director of Finance, City Engineer, all Department
Heads, all employees of the Library Department, including the Librarian, and appointed
board members and commissioners and temporary employees. (Art. VIII, section 802.)
The membership of the civil service system has never been added to. Positions may only
be removed from the system by a vote of the people. (Art. VIII, section 803.)
The balance of the system is created and defined by NBMC Chapter 2.24. This chapter of
the Municipal Code was adopted by a vote of the people in 1958 as Ordinance No. 866.
The Civil Service rules were then adopted by the Council in order to flesh out the system
and provide a uniform means of addressing issues arising under the civil service system.
The Rules may address issues not governed by the Civil Service Ordinance or the
Charter, but may not be inconsistent with the Charter or the Ordinance. We have attached
Civil Service System Background and Current Status
February 9, 2010
Page: 2
for your convenience copies of the Charter provisions, the Civil Service Ordinance, and the
Civil Service rules.
2. Purpose and Function of the Civil Service System.
The purpose of the Civil Service system is set forth in Municipal Code Section 2.24.030 as
being "to establish an equitable and uniform procedure for dealing with 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." The Civil Service Board ("Board") is created
as the oversight body that administers the system and assures that the purpose of the
system is carried out.
The Board achieves its mission by performing four functions. It:
(1) Oversees the recruitment process for all civil service employees, as well as
performing a role in the selection of the Police Chief and Fire Chief and acts as a
appellate body for recruitment related issues as needed;
(2) Acts as a discipline appeals board, reviewing any decision to discipline civil service
employees and also for non -civil service employees under the City's Employee
Policy Manual that are appealed to its level;
(3) Conducts investigations as requested either by the City Council, the City Manager,
or an organized employee's association within the system;
(4) Oversees the system as a whole and makes recommendations to the City Council
and any changes it believes are appropriate.
(NBMC section 2.24.030.)
The Board meets monthly to address and take action on the above issues as needed.
3. Current Status.
The Civil Service Ordinance has not been changed since its original adoption in 1958.
The law governing public personnel matters, however, has changed dramatically within the
state. This evolution is reflected in a staff report recently provided to the Board at its
January 3, 2010 meeting. In addition, there are several recommendations for modification
of the system pending. These pending modifications are set out in a staff report recapping
the issues that was presented to the Board at its February 1, 2010 meeting. We have
provided copies of these staff reports in the background materials presented with this
memorandum.
These reports were presented to the Board in order to assist it in developing a consensus
on a recommendation on how to proceed with respect to this Charter Update
Commission's role. The Board is still in discussions on that issue. It is clear, however, the
Board will recommend maintaining the civil service system. It is not clear what, if any,
modifications it will recommend to the system beyond those it had previously proposed.
Civil Service System Background and Current Status
February 9, 2010
Page: 3
4. Conclusion.
Presently the civil service issues are scheduled to come before you in March. We are
providing this information so you can "get a jump" on this rather large task. We are
available to answer questions at any time if you have them. Please feel free to contact me
or other staff at your convenience with any questions you may have.
Attachments -Folder of Background Materials
Cc: Civil Service Board (w/o Attachments)
Terri Cassidy, Human Resources Director and Secretary to the Civil Service Board
(w/o Attachments)
Cathy Standiford, Project Manager (w/ Attachments)
Leilani Brown, City Clerk (w/ Attachments)
[A09-00673] — Commission from Hunt re Civil Service Background
CHARTER OF THE CITY OF NEWPORT BEACH
Page I of 1
Article VIII
Civil Service System
Section 800. Continuance of Present System.
The civil service system existing at the time this Charter takes effect, to the extent that the same is not
inconsistent with any of the provisions of this Charter, is hereby continued in existence subject to all of the
terms and provisions of this Charter and subject to amendment by proper authority as in this Charter.
provided.
Section. 801. System to Be Maintained.
The City Council shall by ordinance continuously maintain a civil service system for the selection,
employment, classification, advancement, suspension and discharge of those appointive officers and
employees who shall. be included in the system. The system shall comply with all other provisions of this
Charter.
Section 802. Positions Included in the System.
The civil service system shall include all full time, regular and permanent positions or employment on the
Police and Fire Department of the City and may, by ordinance, include any other appointive officers or
positions in the service of the City except the following:
1. All elective officers.
2. City Manager, Assistant City Manager, if any, one private secretary to the City Manager, City
Attorney, Assistant City Attorney, if any, City Clerk, Director of Finance, City Engineer, all Department
Heads, and all employees of the Library Department, including the Librarian.
3. All members of boards and commissions.
4. Positions in any class or grade created for a special or temporary purpose and which may exist for a
period of not longer than six months in any one calendar year.
i 5. Persons employed to render professional, scientific, technical or expert service.
6. Persons who render part-time service without pay or who are paid on an hourly or per diem basis. (As
amended effective January 20, 1959)
Section 803. Withdrawal From System.
After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn
therefrom, either by an outright repeal of the civil service ordinance or otherwise, unless such withdrawal has
been submitted to the city electors at a special or regular municipal election and approved by a majority of
two-thirds. of those electors voting on the proposition.
02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM*
Page 1 of 7
Ordinance 866 from which this chapter was derived is an initiative ordinance and may be repealed or
amended only as provided in Section 2.24.200.
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 employment 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 employment 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
Zttp://www. codepiiblish.ing. com/CA/NewportB each/html/NewportBeachO2/NewportBeachO224.html 02/08/2010
Chapter 2.24
'
CIVIL SERVICE SYSTEM*
Sections:
2.24.010
Definitions.
2.24.020
Inclusion in System.
224:030
Purpose of System.
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 2_4_.080
Recruitment and Selection.
2.24.090
Employment Lists.
2.24,_100
Selection of Fire and Police Chiefs.
2.24:110
Examination Announcements.
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 Discharge.
2.24 160
Board Hearings.
2.24.170
Political Activities.
2.24.180
Status of Prior Employees.
2_24.190
Conflicts with City Charter.
2.24.200
Codification Conditions—Amendments.
2_24.210
Penalty for Violation.
Page 1 of 7
Ordinance 866 from which this chapter was derived is an initiative ordinance and may be repealed or
amended only as provided in Section 2.24.200.
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 employment 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 employment 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
Zttp://www. codepiiblish.ing. com/CA/NewportB each/html/NewportBeachO2/NewportBeachO224.html 02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM*
Page 2 of 7
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
I 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.
i Discharge. The term "discharge" 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 employment list.
Employee. The term "employee" shall mean a person legally occupying a position.
Employment Lists. The term "employment 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.
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.
k` 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.
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.
http://www.codepublishing,com/CA/NewportBeach/htnil
/NewportBeach,02/NewportBeachO224.htmI 02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM* Page 3 of 7
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. (Ord. 866 § 1; November 24, 1958)
2.24.020 Inclusion in System.
Pursuant to Article VIII of the City Charter, all full-time, regular, and permanent positions and employment
in the Police and Fire Departments are included in the system, except those positions excluded by Section
802, of the City Charter. The City Council, by ordinance, may include in the system positions in other
departments. (Ord. 866 § 2; November 24, 1958)
2.24.030 Purpose of System.
The purpose of the system is to establish an equitable and uniform procedure for dealing with 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. (Ord. 866 § 3; November 24, 1958)
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. (Ord.
866 § 4; November 24, 1958)
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 or any applicant or candidate for a
position in the City employment relative to original appointment, promotion, dismissal, demotion, suspension
and other disciplinary actions; 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. Recruitment and Selection. Subject to the provisions of this chapter and the rules and regulations, to
establish policies and approve procedure for the recruitment and selection of Civil Service personnel,
including, but not limited to, the posting of recruitment notices, the preparation and scoring of examinations,
and the establishment and certification of employment lists.
F. Investigations. To make any investigation concerning the administration of personnel in the City
-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
�ubpoenas 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. (Ord. 866 § 5;
November 24, 1958)
http : //www. codepubli shing. comICAINewportB eachlhtml/NewportB eachO2lNewportB each0224.html 02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM*
Page 4 of 7
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
;oto 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. Subject to approval by the Board, 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 and use of employment 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. (Ord. 866 § 6; November 24, 1958)
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 employment lists by the
department head on approval of the City Manager.
B. Employment Lists. Subject to the provisions of this chapter with respect to reemployment lists and the
selection of the Police and Fire Chiefs, when an appointment is to be made the names of the highest three
eligibles willingto accept appointment shall be certified to the department head in the order which they
appear on the appropriate employment list and the appointment shall be limited to these eligibles.
C. Acting Appointments. In the absence of an employment 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 employment list for service rendered under an acting appointment.
D. Temporary Positions. Appointments to temporary positions need not be made from employment 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. (Ord. 866 § 7; November 24, 1958)
2.24.080 Recruitment and Selection.
A. Recruitment. Recruitment shall be specified by the Board 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 approved by the Board and 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
http://www. codepublishing. com/CA/NewportBeach/html/NewportBeach02/NewportBeach0224.html 02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM*
Page 5 of 7
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. (Ord. 866 § 8; November
24, 1958)
a 2.24.090 Employment Lists.
A. Priorities. Priority for consideration for employment shall be given to employment lists in the following
order: reemployment lists, promotional employment lists, and open employment lists.
B. Reemployment Lists. The reemployment 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 Employment Lists. Promotional employment lists shall consist`of the names of City
employees who have been successful in a promotional recruitment and examination.
D. Open Employment Lists. Open employment 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 employment 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 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 employment lists shall not be certified if a reemployment
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. (Ord.
866 § 9; November 24, 1958)
J2.24.100 Selection of Fire and Police Chiefs.
A. Intent. It is the intent of this section that vacancies in the position of Police Chief and Fire Chief be
filled by the best qualified. persons available as determined by competitive examination. Qualifications being
substantially equal, preference shall be given to candidates in the Newport Beach Fire and Police
Departments who qualify under the selection process herein described.
B. Not Included in System. This section shall not be construed to include the positions of Police Chief
and Fire Chief in the system.
C. Selection Process. The selection of the Police Chief and Fire Chief shall be made by the City
Manager from among the candidates whose names appear on an open employment list for the class. Such
list shall be created as a result of an examination consisting of a written test weighted at fifty percent and
qualifications appraisal weighted at fifty percent. The minimum qualifying score on each phase of the
examination shall be.seventy percent.
D. Preparation of Written Test. The written test shall be prepared by a professional personnel agency
designated by the City Manager with the approval of the Civil Service Board.
E. Qualifications Appraisal Board. The qualifications appraisal board which interviews candidates
successful on the written test shall consist of the following:
1. The Chairman and one other Board member selected by the Board.
2. Two chiefs selected by the Board from other Police or Fire Departments in cities with populations
comparable to Newport Beach.
3. One person selected by the City Manager.
F. Establishment of Qualification Factors. The scope of the written test and the factors to be rated by the
qualifications appraisal board shall be jointly established by the City Manager and the Board.
G. Conformance to Minimum Qualifications. In order to be eligible to compete in the selection process
for Police Chief or Fire Chief, all candidates must possess the minimum qualifications set forth in the class
specifications. Such class specifications shall be prepared by the City Manager with the approval of the
oard. (Ord. 866 § 10; November 24, 1958)
2.24.1.10 Examination Announcements.
Examination announcements shall be posted not less than two weeks prior to the final date for submitting
applications. Such posting shall be in a conspicuous place at the City Hall, at the office of the appropriate
http://www.codepublis.hing.com/CA/NewportBeach/html/NewportBeach02/NewportBeachO224.html 02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM*
department, and at such other places as the Board deems appropriate. (Ord. 866 §
1958)
Page 6 of 7
11; November 24,
2.24.120 Inspection of Examination Papers.
I 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.
Upon receipt of such application and in no case later that its next regular meeting, the Board shall
examine the candidate's papers and grades. Any error or injustice shall be corrected, and any change in the
order of standing of candidates as a result thereof shall be made by the Board. No appointments shall be
made from the employment lists until the Board has acted upon such application. The Board's decision shall
be final. (Ord. 866 § 12; November 24, 1958)
2.24.130 Conditions for Employment.
A. Applications. The Board 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
}Vrounds 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. (Ord. 866 § 13; November
24, 1958)
2.24.140 Employee Appeals.
The Board shall convene in regular or special meetings for the purpose of reviewing appeals of regular
employees as follows: Any regular employee in the system who has been suspended, demoted, or
discharged may, within a period of five days after such action, request of the department head a written
statement of the reasons for such action. The department head shall furnish such statement within five days
thereafter. The employee may, within ten days thereafter, file a written answer to such reason with the
Board. The Board shall within fifteen days investigate the case, and shall schedule a hearing. The hearing
shall be a closed hearing at the request of the employee. (Ord. 866 § 14; November 24, 1958)
2.24.150 Grounds for Demotion, Suspension or Discharge.
Employees in the system may be demoted, suspended, or discharged only on the following grounds:
Incompetency; inefficiency; dishonesty; misconduct; insubordination; or failure to observe departmental or
City rules and regulations. (Ord. 866 § 15; November 24, 1958)
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
ollowing grounds:
1. The facts do not justify the action taken.
2. Substantive violation or omission of procedure was made.
3. The action taken was unreasonable, capricious or arbitrary in view of the offense; the
http://www.codepublishing.com/CA/NewportBeach/htmI NewportBeachO2/NewportBeach0224.html 02/08/2010
Chapter 2.24 CIVIL SERVICE SYSTEM*
Page 7 of 7
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 asset 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
decision shall be final. (Ord. 866 § 16; November 24, 1958)
2.24.170 Political Activities.
A. Prohibited. Any person occupying a position included in the system shall not:
1. Take an active part in a County of Orange or City political campaign.
2. Act as a worker at the polls or distribute badges, pamphlets, dodgers, or handbills of any kind
favoring or opposing any candidate for election or nomination to a County of Orange or City office.
B. Unaffected. This chapter does not prohibit any person occupying a position included in the system
from:
1. Becoming or continuing to be a member of a political club or organization.
2. Attending a political meeting.
3. Enjoying complete freedom from interference of any kind in casting his vote.
4. Seeking or accepting election or appointment to a public office while on leave of absence.
5. Seeking signatures to any initiative or referendum petition directly affecting his rates of
compensation, hours of work, retirement, or other conditions of employment.
6. Distributing badges, pamphlets, dodgers or handbills, or other activities in connection with such
petition if not carried on during his hours of work or when he is dressed in the uniform required in his City
department. (Ord. 866 § 17; November 24, 1958)
2.24.180 Status of Prior Employees.
Any employee who, prior to November 29, 1958, attained probationary or regular status in the system
shall retain such status. Employees in permanent positions in the Police and Fire Departments on such date
, ') ho had not previously been considered as being in the system shall on such date be presumed to have
completed their probation periods and shall acquire regular status in the system. (Ord. 866 § 18; November
24, 1958)
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. (Ord. 866 § 20; November 24, 1958)
2.24.200 Codification Conditions—Amendments.
Ordinance 866 may be codified by the City Council in a single chapter of the Newport Beach Municipal
Code, but may not be repealed or amended except by a majority vote of the electors voting thereon at any
general or special municipal election. A majority of two-thirds of the electors voting thereon is necessary for
the approval of any amendment or repeal that withdraws any department, officer or employee from the
system. (Ord. 866 § 21; November 24, 1958)
2.24.210 Penalty for Violation.
Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished as provided in Section 1.04.010. (Ord. 866 § 22, 1958)
This page of the Newport Beach Municipal Code is current through City Website: http://www.newportbeachca.gov/
Ordinance 2009-31, passed December 8, 2009. City Telephone: (949) 644-3005
Disclaimer: The City Clerk's Office has the official version of the Newport Code Publishing -Company
Beach Municipal Code. Users should contact the City Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
http://www. codepublishing.com/CA/NewportBeach/html/NewportBeach02/NewportBeachO224.html 02/08/2010
Civil Service Board
Rules &Regulations
Newport Beach Civil Service Board Rules & Regulations April 2008
SECTION I PURPOSE...............................................................................................1
SECTION II ENABLING LEGISLATION................................................ ..................1
SECTION III DEFINITIONS.........................................................................................1
SECTION IV CIVIL SERVICE SYSTEM.............................................................:.....4
400. Establishment................................................... ...... .... .......................................................4
401. Positions Included............................................................................................................................ 4
402. Purpose..............................................................................................................................................4
403. Fair Employment........................................................................:.................................................... 4
1
SECTION V CIVIL SERVICE BOARD......................................................................5
j500. Creation.......................:....................................................... ...................................................5
501. Responsibilities and Authority........................................................................................................ 5
i501.1 Meetings....................................................:.........:...:................................................................5
501.1.1 Types of Meetings ... 5
I501.1.2 Quorum..:................................... .................. ...................................................5
501.1.3 Notice:...............:.......................................................................:.....::.....................5
501.1.4 Agenda..................................................................................:................................... 5
501.2 Recruitment, Examination and Selection........................................:................:....:................ 6
501.2.1 Recruitment......................................................... ...................... 6
501.2.2 Examination.............. ................................................................. ................................ 6
501.2.3 Selection..................:............................................:.................................................... 9
501.2.3.1 Employment Lists............. I......................... ..::........I......:...................... 9
501.2.3.2 Other Appointments and Personnel Actions.......................................... 13
501.2.3.3 Probation Period.................................................................................... 14
501.3 Disciplinary Actions, Appeals, and Hearings......................................................................... 15
501.3:1 Disciplinary Actions................................................................................................... 16
501.3.2 Appeals...................................... ..............:........:...:...........:.... ............. 16
501.3.3 Hearings...............................................................................................:.:.:..........................16
x
501.4 - Investigations .........:.................... 17
501.5 Advisory Role........................................................................................................................ 17
I
.... 17
501.6 Rules and Regulations...................:.................................................................................. r
i
I
1
Newport Beach Civil Service Board Rules & Regulations April 2008
SECTION VI CITY MANAGER..................................................................................18
600. Responsibilities and Authority\................................................................................................
18
600.1 Rules and Regulations..........................................................................................................
18
600.2 Class Specifications..................................................................................... ...... ............
18
600.3 Personnel Procedures...................................... ............................... .......:
18
SECTION VII SELECTION OF POLICE AND FIRE CHIEFS.....................................18
700. Intent......:.........................................................................................................................................
18
701. Selection Process...........................................................................................................................
19
SECTION VIII REPEAL................................................................................................19
SECTION IX SEVERABILITY...................................................................................19
F _�
Newport Beach Civil Service Board Rules & Regulations April 2008
SECTION 1 PURPOSE .
The purpose of the Rules and Regulations contained herein is to implement the provisions of Ordinance
No. 866, an Ordinance relating to Civil Service.
SECTION II ENABLING LEGISLATION
The establishment of these Rules and Regulations is authorized by Section 5 (b) of Ordinance No. 866.
SECTION III DEFINITIONS
The following terms, whenever used in these Rules and Regulations, shall be construed as follows:
Actinq Appointment
The temporary appointment of a person to a position in a class for which there is no employment list; to a
position occupied by a regular employee on suspension as provided in Section 7(e) of Ordinance No. 866;
or to a position occupied by a probationary or regular employee who is on a leave of absence.
Allocation
The assignment of a single position to the proper class in accordance with the specifications for that class.
Applicant
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 Civil Service Board established pursuant to Ordinance 866 and the Newport Beach City Charter.
Candidate
An applicant who is participating in the selection procedure fora class.
Certification
The act of notifying a department head of the candidates whose names appear on employment lists as set
forth in Section 9(f) of Ordinance No.866.
QtI
The City of Newport Beach
City Charter
The City Charter of the City of Newport Beach.
City Council
The City Council of the City of Newport Beach.
Class
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
A written description of a class, setting forth factors and conditions which are essential characteristics of
positions in the class.
Newport Beach Civil Service Board Rules &Regulations April 2008
Continuous Service
The service without break or interruption of an employee having a probationary or regular appointment.
Copyrighted or Standardized Tests
Written examinations which are used by agencies other than the City of Newport Beach.
Demotion
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 Director
An employee who is the head of an established office or department.
Discharge
The termination of a regular employee pursuant to Section 14 of Ordinance No. 866.
Eligible
A person whose name appears on an employment list.
Employee
A person legally occupying a position.
Employment Lists
As described in Section 9 of Ordinance No. 866, a list of the names of candidates who are eligible for
probationary appointments to positions in a particular class.
Entry Level Position
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
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 of Ordinance No. 866.
Lateral Entry
This is an open list for the hiring of experienced persons in defined classes — as set by the Civil Service
Board — at a level of pay commensurate with the level of experience. In some cases, experience will take
the place of the written exam.
Layoff
As an economy measure, the separation of an employee because of lack of work or lack of funds.
Open Recruitment
A recruitment that is not restricted to City Employees.
Oral Board
No fewer than three (3) persons, selected by the Department Director or the City Manager or their
designee, qualified to orally examine candidates.
Original Appointment -
A person's first appointment as an employee of the City of Newport Beach.
Permanent Position
A position that is expected to exist indefinitely.
I%
Newport Beach Civil Service Board Rules & Regulations April 2008
Position
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 status of a person who has acquired a probationary appointment.
Probation Period
A working test period .that is part of the selection process and during which an employee is required to
demonstrate his/her fitness for the duties of the position to which he/she has been assigned by actual
performance of such duties.
Promotion
The advancement of an employee from a position in one class to aposition in another class which has a
higher maximum rate of compensation.
Promotional Recruitment
A recruitment that is restricted to City employees.
Qualifications Aopraisal Board
Unless otherwise designated shall be synonymous with "oral board
Reallocation
The reassignment of a single position in a class to be in a different class on the basis of a change in the
duties and responsibilities of the position.
Reassignment
The change of an employee by a Department Director from a position in a class to another position in the
same class.
Recruitment
The process of attracting qualified persons to participate in a selection process for a class.
Regular Employee
An employee who has successfully completed his/her probationary period in a position.
Regular Status
The status of an employee who has acquired a regular appointment.
Reinstatement
The reemployment of a former employee.
Rejection
The separation from the City service of an employee who does not successfully complete his/her
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/her probation period in a position
to another. position in a different class in which he/she has acquired regular status.
Resignation
An employee's voluntary separation.
Rules and Regulations
The Civil Service Rules and Regulations adopted pursuant to Ordinance No. 866.
Selection
The process of evaluating the qualifications of candidates through one or more techniques.
3
Newport Beach Civil Service Board Rules & Regulations April 2008
Separation
The termination of an employee's service with the City. ,
Suspension
The temporary separation of an employee as a disciplinary action.
System
The Civil Service System created in accordance with Ordinance No. 866 and the Newport Beach City
Charter and including, only those positions to which the provisions of Ordinance No. 866 apply.
Temporary Position
A position of limited duration.
Transfer
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
A position that is not occupied by an employee having either a probationary or regular appointment.
SECTION IV CIVIL SERVICE SYSTEM
400. Establishment
The Civil Service System within the City of Newport Beach was established pursuant to Article Vill
of the City Charter.
401. Positions Included.
All full-time, regular and permanent positions of employment in the Police and Fire Departments
are included in the System, except those positions excluded by Section 802 of the City Charter.
The City Council by ordinance may include in the System positions in other Departments.
402. Purpose
The purpose of the Civil Service System is to establish an equitable and uniform procedure for
dealing with 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.
403. 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.
4
Newport Beach Civil Service Board Rules & Regulations, April 2008
SECTION V CIVIL SERVICE BOARD
500. Creation
A Civil Service Board, consisting of five members, is 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.
501. Responsibilities and Authority
501.1 Meetings
The Board shall determine the order of business for the conduct of its meetings; hold
regular meetings at least once a month and such special meetings as are necessaryon
call of the Chairman or a majority of the members of the Board, and keep a record of its
proceedings and transactions.
501.1.1 Types of Meetings
A. Regular
Regular meetings of the board. shall be held on the first Monday of each
month at 5:00 p.m., in the City Hall Council Chambers. If any such
Monday falls on a City holiday the meeting shall be held on the next
succeeding Wednesday at the same time and place. Any other meeting
of the Board shall be a special meeting.
B. Special
Special meetings of the Board shall be held on call of the Chairman or
majority of the members of the Board: Such meetings shall be held at
such time and place as are designated in the call.
501.1.2 Quorum
A majority of the members of the Board shall constitute a quorum for the
transaction of business. An affirmative vote of a majority of the members
present shall be necessary to exercise any of the functions or authority of the
Board.
501.1.3 Notice
Under general direction of the Board, a written notice of each regular and special
meeting shall be posted in the City Hall, Police Department, and each Fire
Station. Such notices shall be posted before 2 p.m. of the Thursday next
preceding a regular meeting, and at least 24 hours in advance of the time of a
special meeting. Such notices shall contain the date, time, place of, and an
agenda for, each such meeting. Notices of special meetings shall include the
name or names of Board members calling such meetings.
501.1.4 Agenda
All written communications to the Board, and any matter to be considered by the
Board, where practical, shall be summarized in the Agenda. No matter shall be
considered by the Board at a special meeting unless it appears on the Agenda.
5
Newport Beach Civil Service Board Rules & Regulations April 2008
501.2 Recruitment Examination and Selection
The Board shall establish policies and approve procedures of the recruitment and
selection of Civil Service personnel, including, but not limited to, the posting of recruitment
notices, the preparation and scoring of examinations, and the establishment and
certification 'of employment lists.
501.2.1 Recruitment
Recruitments shall be specified by the Board as promotional or as open. Insofar
as practicable and consistent with the best interests of the City service, all
vacancies shall be filled by promotion.
A. Recruitment Notices
Notice of any open or promotional recruitments shall be posted not less
than two weeks prior to the final date for submitting applications. The
information required by paragraph D., below, may be included in the
recruitment notice.
B. Applications
The Board shall have the right to require all applicants to submit
applications, agreements, or statements pertinent to their employment.
C. Rejection of Applications
Applications for employment on the basis of either an open or
promotional recruitment may be rejected for any of the following reasons: ,-
1. Failure of the applicant to indicate conformity with all of the
announced minimum qualifications.
2. False statements by the applicant on his/her application with
regard to any material fact.
3. Failure of the applicant to submit an application within the time
specified in the examination process.
D. Examination Announcements
Examination announcements shall be posted not less than two weeks
prior to the final date for submitting applications. Such, posting shall be in
a conspicuous place at the City Hall, at the Office of the appropriate
Department; and at such other places as the Board deems appropriate.
In addition to a description of the examination scope and the relative
weight of each test to be given, the examination announcement shall
contain information on salary, final date for submitting applications,
working conditions, minimum qualifications, and other information of
interest to a prospective applicant.
501.2.2 Examination
A. Scope
The scope of an examination for a class shall be approved by the Board
and stated in the examination announcement. It may consist of any one
or a combination of the following techniques: written, oral and
demonstration tests; an appraisal of education and experience; and any
11
Newport Beach Civil Service Board Rules & Regulations April 2008
test of manual skills or physical fitness which fairly evaluates the
candidates.
Applicants will not be permitted to the examination process if, they have
participated in a previous examination by the City of Newport Beach for
the same position within the last six month period. On a case by case
basis, the Civil Service Board may waive this rule for promotional testing
only when recommended by the Police or Fire Chief.
Lateral candidates may not be required to take a written examination.
B. Passing Scores
1. The minimum passing score shall be 70 percent for written and
performance tests and for ratings by Qualifications Appraisal
Boards. For written test such 70 percent need not be the
arithmetical 70 percent of the total possible score but may be an
adjusted score based on a consideration of to what extent, if any,
the test has been validated; the number of competitors; and the
number of existing and contemplated vacancies. Any such
adjusted score shall be established before the candidates' test
papers are identified.
2. The following tests shall be scored on a pass -or -fail basis using
the standards specified:
(a) Typing, dictation, and other skills tests
Minimum scores as prescribed in the class
specifications.
(b) Physical agility test
Completion of the test prescribed in a policy adopted by
the Board motion within the time limit set forth in such
policy.
(c) Medical examination
Possession of the minimum physical requirements
described in a policy adopted by Board motion and as
determined, in each examination, by the City's Medical
Examiner.
(d) Psychological evaluation
Emotional maturity and stability as determined by the
City's Psychologist or Psychiatrist in accordance with
standards established by law.
(e) Inspection of Examination Papers
The examination papers of candidates are not subject to
inspection by the public.
7
Newport Beach Civil Service Board Rules & Regulations April 2008
1) Written tests
Upon request made within seven days after the
notices of the examination results have been
mailed, any candidate may inspect his/her own
examination papers, including the questions and
answers, excepting copyrighted or standardized
tests. On copyrighted or standardized tests the
candidate may review the accuracy of scoring
and computations by comparing his/her answer
sheet with the key answer sheet.
2) Other tests
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/her
rating by the Qualifications Appraisal Board shall
be summarized for his/her information. Requests
must be made within seven days after
notification of the results of the Qualifications
Appraisal Board.
(f) Review Procedure
If the candidate believes an error has been made in the
grading of his/her examination or in the credit given to
him, he/she 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/she must state specifically and particularly
wherein he/she believes an error has been made.
Upon receipt of such application and in no case later
than its next regular meeting, the Board shall examine
the candidate's papers and grades. Any error or injustice
shall be corrected, and any change in the order of
standing of candidates as a result thereof shall be made
by the Board. No appointments shall be madeby the
Board. No appointments shall be made from the
employment lists until the Board has acted upon such
application. The Board's decision shall be final
(g) Disqualification of Candidates
A candidate for employment on the basis of either an
open or promotional recruitment may be disqualified for
any of the following reasons:
1) Any fraudulent practice by the candidate in
connection with any phase of the recruitment
and selection procedure.
9
2) Failure of the candidate to appear as scheduled
l
for any phase of the selection procedure.
f
8
i
I
y
i
i
� (D
Newport Beach Civil Service Board Rules & Regulations April 2008
3) = Disclosure of an unsatisfactory record in the
background investigation.
4)Failure to attain a satisfactory score on any test
conducted as part of the selection procedure.
50.1.2.3 Selection
501.2.3.1 Employment Lists
A. Priorities
Priority for consideration for employment shall be given to
employment lists in the following order: reemployment lists,
promotional employment lists, and open employment lists.
B. Reemployment Lists
1. Defined
A reemployment list for a class shall consist of the
names of the following:
(a) Regular Employees
1) Lavoff
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 the 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.
(b) Probationary Employees
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 employment list from which
the original appointment was made and in the
same order as when the original appointment
was made.
Newport Beach Civil Service Board Rules & Regulations April 2008.
2.
Expiration
A reemployment list shall remain in effect until exhausted
by the removal of all names on such list as herein
provided.
3.
Removal of Names
A person's name shall be removed from a reemployment
list for any of the following reasons:
(a) If he/she fails to respond within seven (7)
calendar days to a certified mail, return -receipt -
requested inquiry concerning his/her. interest in .
being reemployed to a current vacancy.
(b) If he/she declines reemployment to 'a currently
existing vacancy.
(c) Disclosure of any conduct that would be grounds
for demotion, suspension, or discharge.
(d) If the medical examination, required as a
condition of reemployment, discloses any mental
or physical disability that would be a reason for
demotion or discharge on the grounds of in
competency.
(e) Reemployment of the person.
C. Promotional Employment Lists
1.
Defined
Promotional employment lists shall consist of the names
of City employees who have been successful in a
promotional recruitment and examination.
2.
Expiration
A promotional employment list shall expire one year after
the date of the employment list unless exhausted sooner
by promotion or termination of all employees whose
names appear on such list or the list is vacated sooner
by the Civil Service Board as provided herein. The list
may be extended for an additional year on
recommendation of the. Department Director and
approval of the Board. Candidates on the promotional
employment list shall receive thirty (30) days advanced
notice of the additional year extension.
3.
Removal of Names i
i
A candidate's name shall be removed from a promotional
employment list for any of the following reasons:
I
n
10
'
'
'
' ^
`
�
Newport Beach Civil Service Board Rules & Regulations April 2008
(a) ofhis/her �`.City employment.
(b) �Ifrequested bvthe candidate.
�"-----^.^--.`-_---�--_----_^
'
'
'
'
O.` Or
'
'
1.
'
2 .
�
`
'
'
3.
`^
'
'
'
`
' ^ '
'
yq x u�mummu�uemxmsax/ m/� m u�u m//�u
to three CBdifferent vacancies.
b8 - If subsequent to the establishment of, the
' employment
~candidate
qualifications required for appointment at the
time the recruitment was undertaken.
)en Employment Lists
i�Definedi '
Open employment lists shall consist of the names of all
'candidates who have been successful in an open
recruitment and examination.
Expiration
An open employment list shall expire one year after
date of the employment list or if the list is vacated sooner
by the Civil Service Board as provided herein. The list
may be extended for an additional year on
recommendation of the Department Director and
approval cnthe Board.
'
Removal of Names
'
'
A candidate's name shall be removed from an open
employment list for any of the /vxorv/U /eaovoo.
(a) If the candidate fails to appear as scheduled for
response toowritten request todoso.
(b) Failure of the did
calendar days to a certified mail, return -receipt -
requested inquiry concerning his/her interest in
remaining on the employment list or in being
considered for a current vacancy.
(c) If subsequent to the establishment of the
employment list, there is evidence that the
candidate does not possess the minimum
qualifications required for appointment at the
time the recruitment was undertaken.
/d\ If requested by the candidate.
(e) |fthe candidate declines anoffer ofappointment
to a currently existing vacancy.
11
Newport Beach Civil Service Board Rules & Regulations April 2008
E. Notification and Appeal of Removal
1. Notification
A candidate or person whose name has been removed
from any employment list, or any applicant whose
application has been rejected, shall be promptly notified
in writing of the reasons for such action and ,of his/her
right to appeal.
2. Appeal
Within five (5) calendar days after such notification is
mailed to the addresses indicated on his/her application,
the candidate, person, or applicant may appeal such,
action to the board, provided he/she states in writing the
specific reason or reasons he/she believes the action of
removal or rejection to have been in error: Upon receipt
of such statement and appeal, the Board shall promptly
schedule a hearing and the applicant shall be notified of
such hearing.
(a) Reemployment and Promotional Employment
Lists
In the case of an appeal resulting from the
removal of a candidate's name from a
reemployment or promotional employment list,
an existing vacancy shall be maintained for each
appeal until the Board has acted on such appeal.
(b) Open Employment Lists
In the case of an appeal resulting from the
removal of a candidate's name from an open
employment list, an appointment may be made
from such list before the Board acts on the
appeal.
(c) Refection of Applications
An appeal of the rejection of an application shall
not halt the examination process; if the appeal is
resolved in the applicant's favor he/she shall
participate on an individual basis in those tests, if
any, which occurred during the appeal process
so that the applicant may have an opportunity to
compete on an equal basis with other applicants.
F. Authority to Vacate Employment Lists
The Civil Service Board may at any time vacate any promotional
or open employment list, and thereafter no person on any list so
vacated shall be appointed unless such person makes a new
application, is examined, and qualifies as if such person had not
been on the list so vacated.
G. Certification of Employment Lists
12
Newport Beach Civil Service Board Rules & Regulations April 2008
Subject to the provisions of Ordinance No. 866 and sections of
these rules and regulations with respect to reemployment lists
and the selection'of the Police and Fire Chiefs, when an
appointment is to be made the names of. the highest three (3)
eligibles willing to accept appointment shall be certified .to the
Department Director in the order in which they appear on the
appropriate employment list and the appointment shall be limited
to these eligibles. When a promotional or open employment list
contains fewer than three (3) names, a new employment list shall
be established on written request of the Department Director in
order that the names of three (3) eligibles can be certified to the
Department Director.
501.2.3.2 Other Appointments and Personnel Actions
I
A. Acting Appointments
1. Absence of Employment Lists
In the absence of an employment list for a class, a
vacant position may be filled by an acting appointment.
No credit shall be allowed in any examination or the
establishment of any employment list for service
rendered under an acting appointment.
2. Absence of Regular Employee
(a) 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 by an acting
appointment.
(b) Leave
During the period that a regular or probationary
employee is on a leave of absence; the position
may be filled by an acting appointment.
3. Limitations
An acting appointment shall be limited to ninety (90)
calendar days in any 12 month period unless extended to
a maximum of an additional ninety (90) calendar days on
written recommendation by the Department Director and
approval by the City Manager.
13
Newport Beach Civil Service Board Rules & Regulations April 2008
B. Temporary Positions
Appointments to temporary positions need not be made from
employment lists. Such appointments shall be limited to 120
calendar days in any 12 month period unless extended by the
Department Director and approved by the City Manager.
C. 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 Ordinance No. 866.
D. Reinstatements
On recommendation of the Department Director and approval by
the City Manager, a former employee may be reinstated to the
class of position he/she occupied at the time of his/her
termination, irrespective of the existence of an 'open or
promotional employment list for the class, subject to the following
conditions.
1. There must be vacant position in the class and no
reemployment lists for such class.
2. The employee must have completed at least one year of
continuous service in the class immediately .prior to
his/her termination.
3. The employee must have terminated -his/her City
employment under favorable conditions.
4. The reinstatement must occur within two (2) years of
his/her termination:
5. The employee may be required to serve a probation
period.
6. The employee will be required to take a medical
examination at his/her expense and as prescribed by the
City Manager.
501.2.3.3 Probation Period
A. Defined
A probation period is a working test period that is part of the
selection process and during which an employee is required to
demonstrate. his/her fitness for the duties of the position which
he/she has been assigned by actual performance of such duties.
B. Application
A probation period shall apply to all appointments to positions
included in the System except acting appointments.
i
I
14
,
Newport Beach Civil Service Board Rules & Regulations April 2008
C. Length
The normal length of a probation period shall be twelve (12)
months. On writtenrecommendation by the Department Director
and approval by the `City Manager, however, an employee's
probation period may be extended for a maximum of six (6)
months beyond the normal twelve (12) month period. The
purpose of such extension shall be .to allow the Department
Director additional time to evaluate the employee's job
performance.
D. Rejection During Probation
1. Initial Appointment
At any time during which an employee is serving an initial
probationary period, he/she may be discharged without
cause and without the right of appeal to the Civil Service
Board.
2. Promotion
In the event of promotion to a position in a higher class
and at any time within his/her probation period in that
position, an employee may be rejected by the
Department Director and reduced to such position
he/she occupied prior to such promotion without right of
appeal to the Board, provided he/she had acquired
regular status in such former position. If the employee
had not acquired regular status in the System prior to
such promotion, he/she may be discharged without right
of appeal to the Board.
E. Notification to Employee
After the first twelve (12) months of the probation period have
elapsed, the employee shall be advised in writing whether or not
he/she has successfully completed his/her probation period. If
not, and if an extension of his/her probation period has been
approved, he/she shall be advised. in writing of his/her status
when such extension expires.
501.3 Disciplinary Actions, Appeals; and Hearings
Pursuant to the City Charter and Ordinance No. 866, the Board shall receive and hear
appeals submitted by any employee, or any applicant or candidate for a position, in the
System relative to original appointment, promotion, dismissal, demotion, suspension and
other disciplinary actions; the alleged violation of Ordinance No. 866 or these rules and
regulations; and certify its findings and recommendations. The Board shall also receive
and hear appeals submitted by city employees not included in the System to the extent,
and in the manner, specified by ordinance, resolution or other action of the City Council.
The hearing procedures (Subsection 501.3.3) shall be applicable to all appeals.
15
Newport Beach Civil Service Board Rules & Regulations_ April 2008
501.3.1 Disciplinary Actions
Employees in the System may be demoted, suspended or discharged only on
the following grounds: incompetency, inefficiency, dishonesty, misconduct,
insubordination, or failure to.observe Departmental or City rules and regulations.
501.3.2 Appeals
,The,,,Board shall convene in regular or special meetings for the purpose of
reviewing appeals of regular employees as follows: Any regular employee in the
System who has been suspended, demoted, or discharged may, within a period
of five (5) days after such action, request of the Department Director a written
statement of the reasons for such action. The Department Director shall furnish
such statement within five (5) days thereafter. The employee may, within ten
(10) days thereafter, file a written answer to such reasons with the Board. The
Board shall within fifteen (15) days investigate the case and shall oschedule a
hearing. The hearing shall be a closed hearing at the request of the employee.
501.3.3 'Hearings
A. In General
The Board hearings _need not be conducted according to technical rules
relating to evidence and witnesses.
B. Right of Counsel
The employee may be represented by counsel and shall have the right to
produce witnesses to testify in his/her behalf. The Board shall issue
subpoenas and compel the attendance of all witnesses. lu
C. Modification of Department Director's Action
The Board may modify or revoke a disciplinary action only on the
following grounds:
1. The facts do not justify the action taken.
2. A substantive violation or omission of procedure was made.
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 of Loss of Pay
An employee shall be reimbursed for a loss of pay arising from a
disciplinary action against him/her 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 501.3.3.E.
hereafter.
16
Newport Beach Civil Service Board Rules & Regulations April 2008
E. Findings
The Board shall certify copies of its findings and decisions to -the City
Manager, the Department Director from whose action the appeal was
made, and the appellant employee. The Board's decision.shall be final,
501:4 Investigations
The Board shall make any investigation concerning the administration of personnel in the
City service and report its findings to the City Council and City Manager when requested
to do so. by the City Council, the City Manager or by, any organized City employees
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 a failure to appear before the City
Council. Each member of the Board shall have the power to administer oaths to
witnesses.
501.5 Advisory Role
The Board shall act in an advisory capacity to the City Council on personnel
administration in the City service.
501.6 Rules and Regulations
The Board shall recommend to the City Council, after approval by the City Attorney and
after a public hearing thereof, the adoption, amendment, or repeal of Rules and
Regulations to implement the provisions of Ordinance No. 866. After adoption by motion
of the City Council, such Rules and Regulations shall have the force and effect of law.
17
Newport Beach Civil Service Board Rules & Regulations Apri120Q8
SECTION VI CITY MANAGER
600. Responsibilities and Authority
600.1: Rules and Regulations
The City Manager shall be responsible for 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_
600.2 Class Specifications
.The City Manager ;shall be responsible for,,, subject to approval by the Board, the
preparation and revision of class specifications for positions included in the system.
600.3 Personnel Procedures
The City Manger shall be responsible for administration of Board policies and procedures
within the framework of Ordinance No. 866 and these 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 and use of
employment 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.
SECTION VII SELECTION OF POLICE AND FIRE CHIEFS
700. Intent
It is the intent of this section that vacancies in the positions of Police Chief, and Fire. Chief, be filled
by the best qualified persons available as determined by competitive examination. Qualifications
being substantially equal, preference shall be given to candidates in the Newport Beach Police.
and Fire Departments who qualify under the selection process herein described. This section shall
not be construed to include the positions of Police Chief and Fire Chief in the System.
18
Newport Beach Civil Service Board Rules & Regulations April 2008
701. Selection Process
The selection of the Police Chief and Fire Chief shall be made by the. City Manager from among
the candidates whose names appear on an open employment list for the class. Such list shall be,
created as a result of an examination consisting of a written test weighted at 50 percent and a
qualifications appraisal weighted at 50 percent. The minimum qualifying score on each phase of
the examination shall be 70 percent.
A. The written test shall be prepared by a professional personnel agency designated by the
City Manager with the approval of the Civil Service Board.
B. The Qualifications Appraisal Board which interviews candidates successful on the written
test shall consist of the following:
1. The Chairman and one other Board member selected by the Board.
2. Two chiefs selected by the Board from other police or fire departments in cities
with populations comparable to Newport Beach.
3. One person selected by the City Manager.
C. The scope of the. written test and the factors to be rated by the Qualifications Appraisal
Board shall be jointly established by the City Manager and the Board.
D. In order to be eligible to compete in the selection process for Police Chief or Fire Chief, all
candidates must possess the minimum qualifications set forth in the class specifications.
Such class specifications shall be prepared by the City Manager with approval of the
Board.
SECTION VIII REPEAL
All Civil Service Rules and Regulations operative on the effective date of the Rules and Regulations
contained herein are repealed.
SECTION IX SEVERABILITY
If any section, subsection, sentence, clause, phrase or portions of these Rules and Regulations, or any
additions or amendments there to, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of these Rules and Regulations or their application to other
persons. The City Council hereby declares that it would have adopted these Rules and. Regulations and
each section, subsection, clause, phrase or portion, and any additions and amendments thereto,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions, or the application thereof to any person, be declared invalid or unconstitutional.
Rules approved by motion of the City Council effective February 11, 1974.
Reformatted/Revised Rules approved by motion of the City Council effective April 22, 2008.
Civil Service. Rules are also referred to in Ordinance No. 866 and the. City of Newport Beach Municipal
Code Chapter 2.24.
19
EXHIBIT A
Amendments were adopted as follows:
October 13 2009 -
1. 501.3.3 Subsections "E" and "F" were modified to read:
E Appeals by Candidates for Original Employment
Appeals to the Board by unsuccessful candidates for original employment shall be considered
pursuant to the procedure set forth below:
1. An unsuccessful candidate seeking review of denial of employment by the Board shall submit
a written statement of appeal to the Human Resources Director not later than five (5)
calendar days after the date the notice that he or she has not been offered employment with
the City was placed in the mail with first class postage pre -paid addressed to the candidate.
The ca'ndidate's written statement of appeal shall be considered delivered when received and
"time stamped" by the Human Resources Director. The "time stamp" shall indicate the date
and time the appeal is received by the Human Resources Director. Appeals filed after the
deadline shall be rejected by the 'Human Resources Director and not considered by the
Board.
2. The written statement of appeal must include: (i) the candidate's full name; (ii) the candidate's
Mailing address; (iii) the title or position for which the application was made; (iv) all bases on
which the candidate relies in concluding he or she was improperly denied employment; and
(v) a written acknowledgement by the candidate that consideration of the appeal by the Board
shall occur in open public session and that the candidate voluntarily waives any expectation
of privacy as to the facts and circumstances of his or her application and its rejection by the
City.
3. Upon receipt of the written statement of appeal, the Human Resources Director shall forward
the appeal to the Department Director that has responsibility for the position sought by the
candidate:
4. The Department Director shall, within ten (10) working days of receipt of the appeal from the
Human Resources Director, respond in writing to the Human Resources Director indicating
the reason(s) for which the candidate was not offered employment. -
5. The Human Resources Director may, in his or her discretion, provide the candidate with a
copy of the Department Director's written reason(s) for denial and an opportunity to respond
to the Department Director's reason(s) for denial. The Human Resources Director may, in his
or her discretion, meet with the candidate to address the issues raised in the candidate's
written statement of appeal and the Department Director's reason(s) for denial.
6. If the candidate's concerns are not resolved by the Human Resources Director the matter
shall be placed on the agenda of the next available regular Board meeting consistent with the
notice period provided in subsection "7" below. Each Board member shall be provided a copy
of the candidate's statement of appeal, the Department Director's reason(s) for denial, and
any additional relevant documentation as determined by the Human Resources Director.
7. The candidate shall be given prior written notice of the Board's meeting and shall be entitled
to address the Board in support of his or her appeal. The City's failure to comply with any of
the timing/notice requirements in this Section 501.3.3 shall not invalidate any action taken by.
the Board on appeal or the Department Director's original denial of a candidate.
F
8. The Board shall determine by majority vote whether the submitted documents establish a
basis for an appeal hearing, or whether the matter may be resolved without a hearing. If the
OL
Board determines there is no justification for an appeal hearing, the Board shall issue a,
written determination to that effect and the appeal shall be dismissed. If the Board votes in
favor of an appeal hearing, a hearing shall be calendared and held at the next available
regular meeting of the Board. Notice of the appeal hearing shall be provided to the candidate
pursuant to section 7" above.
9. If an appeal hearing is held the Board shall be provided with a full record (Le., oral board or
written testing results, background investigation, etc.) of the candidate's application, including
the documents provided pursuant to subsection "6" above as certified by. the Human
Resources Director. The Board may receive any oral argument offered at the appeal hearing
in supportof, or opposition to, the appeal. The Board shall not accept or consider any
evidence, either oral or documentary, not present in, the record of the application certified by
the Human Resources Director.
10. The Board's inquiry, on appeal shall extend solely to, the question of whether the Department
Director has committed a prejudicial abuse of discretion in,` denying the candidate
employment. The Board shall only consider the evidence in the full record of the candidate's
application provided by subsection "9" above. The Board shall modify the decision of the
Department Director only upon a specific finding that the Department Director committed a
prejudicial abuse of discretion. A "prejudicial abuse of discretion" is established when it is
affirmatively shown by the candidate that: (i) the Department Director did not proceed in a
manner required bylaw; or (ii) the Department Director's decision to deny employment was
not supported by substantial evidence. "Substantial evidence" sha II exist to support the
Department Director's decision if there is any evidence in the record before the Board that
could reasonably be relied upon to support denial of employment, regardless of whether
there` is also evidence to ,the contrary in the record. The appeal hearing may be continued
from time -to -time by the, Board.
Findings
The Board shall certify copies of its findings and decisions to the City Manager, the Department
Director from whose action the appeal was made, and the appellant employee or unsuccessful
candidate for original employment.
CITY OF NEWPORT BEACH
CIVIL SERVICE BOARD STAFF REPORT
Agenda Item No.
(January 4, 2010)
TO: HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD
p FROM: David R. Hunt, City Attorney
ext. 3131, dhunt(&NewportBeachCA.gov
} Terri Cassidy, Human Resources Director
Ext. 3300, tcassidy(&,NewportBeachCA.gov
i
SUBJECT: Review and Possible Update of Civil Service System
ISSUE:
Should the City Council take action to update the Civil Service System of the City of Newport
Beach through placing a measure on the November, 2010 ballot to that end, and if so, what
does the Civil Service Board recommend be the scope of that measure?
RECOMMENDATION:
Staff recommends the Board begin to familiarize itself with the various issues related to the
possible modernization of the City's personnel system, including possible modification of the
Civil Service System in preparation for giving input to the City Council through the Charter
Update Commission. -No action is needed from the Board .at its January meeting. Staff is
simply bringing information forward to the Board so that it can be an active participant in the
Charter update process begun by the City Council at its December 8, 2009 meeting.
DISCUSSION:
Over the course of the last year a number of issues have arisen with respect to the
implementation of the Civil Service System, within the City. As a result, the City Council
directed that a comprehensive review be conducted of the City's Civil Service System with an
eye to eliminating confusion and ambiguity. The City retained Bruce Praet, Esq., of Ferguson,
Praet, & Sherman, a recognized legal expert in California Public Employment law, to review
the applicable. City regulations related to its personnel system and to make recommendations
on updating the regulations.
1. Historical Background.
The City's Civil Service System dates back to the adoption of the City's Charter in 1954.
Article Vill of the Charter authorized the creation, and directed the maintenance of, a Civil
Service System ("System") within the City. According to section 801 of the Charter, the
System is "for the selection, employment, classification, advancement, suspension and
discharge of those appointive officers and. employees who shall be included in the system."
Section 802 of the Charter expressly included "all full time, regular and permanent positions or
employment on the Police and Fire Department," while expressly excluding elected and
appointed officials, executive management positions and others. The System was then given
form through the voters' adoption of Ordinance Number 866 in 1958.'
2. Changing Laws.
The landscape of California public labor and employment law has evolved dramatically since
the creation of the City's Civil Service System in 1958. It has moved from a relatively simple
environment to a complex set of interlacing laws protecting the interests of public employees.
Some of the changes, though certainly not all, are listed. as follows:
...... ............ • 9961: federal Fair Labor Standards Act, governing terms of compensation and some
working conditions, applied to cities;
• 9969: Meyers-Milias-Brown Act (Government Code section 3500 et. seq.) enacted to
promote and protect public employee associational rights;
• 9964: Title VII of the federal Civil Rights Act, enacted to prohibit invidious discrimination
in employment;
• 9967. First Amendment protections extended to public employees;
1974: Workers Compensation Act (Labor Code section 3200 et seq.) enacted
addressing work related injuries;
• 1975: Public employees found to have a property right in their employment and thus
awarded procedural due process rights under the California and United States
constitutions (Skelly v. State Personnel Board (1975)15 Cal.3d 194);
• 1976: Public Safety Officer Bill of Rights (Government Code section 3300 et. seq.)
enacted affording peace officers substantial procedural rights in dealing with
employment and discipline issues;
• 9979: Public employees found to have a liberty interest in their public employment
(Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340);
• 9980: California Fair Employment and Housing Act (Government Code section 12900
et seq.) enacted providing a state basis to address invidious discrimination in
employment; and
• 2007: Firefighter Procedural Bill of Rights (Government Code section 3250 et. seq.)
enacted giving firefighters similar procedural rights as peace officers.
1Interlacing City Regulations and Obligations.
In this environment, the City now has multiple sets of documents that deal with personnel
related issues.
The City's Employee Policy Manual ("EPM") is the overarching City regulation on personnel
matters. Its current version was adopted by the City Council via Resolution 2001-100 on
1 Ordinance No. 866 is codified in the City's Municipal Code in Chapter 2.24, section 2.24.010 et. seq.
All further citations to the ordinance shall be to its codified version. Chapter 2.24, the Chapter of the
Municipal Code addressing the Civil Service System can only be amended by a vote of the people.
(Newport Beach Municipal Code ("NBMC") section 2.24.200.) -
December 11, 2001. Its provisions were developed over more than two years of effort. The
City Manager and the Human Resources Director engaged in thirty (30) months of meeting
and conferring with all of the City's bargaining units, as well as un -represented employees,
before presenting the EPM to the Council for adoption. Additionally, the Civil Service Board
was reviewed and commented on the proposed policies. The EPM developed a "system of
uniform and equitable personnel rules and procedures, based on principles of fairness and
merit." (Resolution 2001-100, p.1, third "Whereas.")
The EPM addresses all of the issues addressed in the Civil Service Ordinance and the System.
and more. By way of example, the EPM addresses Recruitment and Selection (Section 5),
Appointments (Section 6), Probationary Period (Section 7), Performance Evaluations and
Salary Adjustments (Section 9), Disciplinary Actions (Section 12), Disciplinary Procedures
(Section 13), Grievances (Section 14), and much more. As one can see, the EPM addresses
all of the issues addressed in the System.
In addition, there are two other sources of potentially conflicting personnel provisions or
regulations. Many departments, but certainly Police and Fire, have their own Standard
Operating Procedures. Additionally, each of the.City's ten recognized bargaining units have
an MOU, many of which deal with discipline and grievance matters already covered by the
EPM or the System. These documents add to the confusing mix of regulations and provisions
governing public employment with the City.
4. Bruce Praet's Report and Recommendations.
Mr. Praet has completed an initial review of the many of the documents governing the terms
and conditions of public employment within the System. He issued a report to the Human
Resources Director, a copy of which is appended as Attachment W.' to this staff report. Mr.
Praet identifies many issues that exist in the current regulations within the City that need to be
modified. His listing is not intended to be, nor is it, a comprehensive catalog of issues arising
from the current documents that govern our personnel system.
In summary, Mr. Praet recommends a simplification of our rules and regulations and
consideration of significantly modifying the Civil Service System or simply eliminating it as
being unnecessary in the current public employment legal environment in California. Under
Mr. Praet's analysis there are essentially three possible options for simplifying the rules and
regulations governing public employment within the City. Those are:
➢ Comprehensively reviewing the fixing all of the conflicting provisions and
bringing them up to date with existing law;
➢ Modifying the System to limit its role to that of essentially an appellate body on
personnel issues; or
➢ Elimination of the System completely and relying on the current law and other
authoritative personnel rules and provisions within the City.
5. Charter Update Commission.
As stated earlier, the City Council has commenced a work program for update and
modernization of the City's Charter. It began the effort with a study session held on November
.. 24, 2009 and formally constituted and charged a Charter Update Commission at its meeting
i
i
on December 8, 2009. We have appended the staff report from the December 8, 2009
meeting, which incorporates the. staff report from the November 24, 2009 meeting, as
Attachment "B" to this report. The Council adopted the proposed resolution creating the
Commission and a signed copy of the Resolution 2009-91 is appended to this staff report as
Attachment "C.
Environmental Review
Adoption of procedural guidelines is not a project as defined in the California Environmental
Quality Act.(CEQA) Implementing Guidelines.
Public Notice'
Notice has been given consistent with the Ralph M. Brown Act. No other public notice is
required by this item.
Alternatives
No action is currently required.
CONCLUSION:
The City Council has embarked on an effort for Charter update. It has included the Civil
Service System as an issue to be addressed in that process This Board will be Indeed to
for recommendations on the topic. We begin the effort of briefing the Board on these issues
so that it can weigh in on any possible changes that may be proposed to the
System and make any recommendations it has in the effort.
Prepared and Submitted by:
OFFICE OF THE CITY ATTORNEY
Submitted By:
HUMAN RESOURCES DEPARTMENT
By By
David R. Hunt,
Terri Cassidy, Human Resour s
City Attorney Director
Attachments:
➢ Attachment "A": Bruce Praet's Report
➢ Attachment "B": City Council Staff Report dated December 8, 2009
➢ Attachment "C": Resolution 2009-91
t
i
(A09-005031— Civil Service System Review —1.4.2010 Meeting
s�: p.,} moi'
LAW OFFICES
FBEGusow, PB.AET & SHEEMAN
A PROFESSIONAL, CORPORATION
1631 EAST 18TH STREET
SANTA ANA, CALIFORNIA 92705-7101
TELEPHONE (714) 953-5300
FAX (714) 953-1143
kTILIT�
I DEC 21 2009 1
December 16, 2409
Terri L. Cassidy, J.D.
Director of Human Resources
3300 Newport Blvd., Bldg. B
Newport Beach, CA 92663-3884
Re: Review of City-wide System and Rules
Dear Terri:
r In July, you asked me to review the Charter, Municipal Code, Council Policy, Civil
Service Rules, Department Policy, City Policy and MOU's of various bargaining groups. Having
i now completed this task, it was not surprising to discover that these multiple sources have led to
a system which is inherently flawed and which is not at all uncommon in many public entities
and even larger private corporations. While these sorts of multi-level governmental systems tend
to breed conflicts and often inadvertently create ambiguities which may complicate otherwise
j straightforward personnel matters, it is often healthy to undertake a system -wide review which
I may result in small or even major changes.
E
Thos; as outlined more fully below, my first recommendation will be that the City take
every reasonable step to consolidate as many of these sources as possible. The need to research
and reference multiple sources for a single question is not only unduly burdensome, but it often
. leads to confusion or even erroneous answers. It will therefore be equally important to create a
system in which each provision and source is able to stand alone as much as possible without the
frustrating and often confusing need to cross-reference some other source in order to find the
answer to a particular issue.
Although I found many problems with the current Police Policy Manual as outlined
below, the good news is that the Police Department has joined the other 94% of the law
enforcement agencies in California by subscribing to the Lexipol policy manual system. This
new system should solve most, if not all, of the problems discovered in the current manual. The
P ce Department has made the adoption of the Lexipol system a top priority and anticipates
completing the transition to Lexipol by the end of the year. This will not only bring NBPD
online with the latest policies and legal standards, it will continue to provide them with complete
updates to the policy manual every six months to insure that all policies are kept current. Once
the Department customizes and adopts the Lexipol system, it will substantially reduce potential
liability exposure for the City and insure that the procedural rights of employees and citizens are
adequately protected. To the extent that policies provided within the Lexipol system are
duplicated or cross-referenced elsewhere within City departments, the entire City may also
benefit from utilizing the Lexipol standard for uniformity and updating.
While I have carefully reviewed all of the materials you provided and discovered many
conflicts, I also cannot guarantee that I have found them all. However, in an effort to try to
simplify the areas of concern I have identified, I will attempt to divide my observations and
recommendations into subject matter groups:
The Disciplinary Process [NOTE: It is anticipated that all issues identified within NBPD
Policy will be remedied with the adoption of Lexipol.l
• NBPD Policy 3/740 - the current version of this policy only provides for a so
called Skelly hearing if discipline in excess of 27 hours is recommended. This is
in direct conflict with Government Code § 3304(b) and its progeny which clearly
permit the right to be heard regardless of the level of discipline when a property
interest (i.e. loss of pay) is at issue. The policy is regrettably silent on any remedy
for any recommended discipline below 27 hours.
Recommendation: Although Civil Service Rules (501.3, et seq.) and NBMC 2.24.140
correctly provide for an evidentiary appeal for all suspensions, they do not address the pre -
disciplinary process (i.e. Skelly). Since NBPD policy seems to be the only place where this pre-
discipliinary process is addressed, it is anticipated that the new Lexipol policy will be revised so
as to allow for a Skelly hearing without regard to any arbitrary hourly value. [NOTE: If the City
or Department wishes to create some lower level of pre -disciplinary review for recommended
discipline below a certain level (e.g.. at a captain level, etc.), such may be legally possible as long
as that rank is empowered to act on the recommendation. On the other hand, since it is unlikely
that the limited number of suspensions would impose a huge burden on the Chief, it would
probably be simpler and more streamlined to provide for Skelly review of ALL recommended
suspensions at the level of the Chief.] As an aside, the Lexipol discipline policy will also provide
the Department with an optional (but recommended) separate and limited form of due process for
written reprimands.
• NBPD Policy 3/740.22 - permits the employee to file notice of appeal with the
Civil Service Board within 21 days of imposed discipline. This is in direct
Terri L. Cassidy, JD
Re: Rules Review
December 16, 2009
Page 3
conflict with Civil Service Rule 501.3.2 and NBMC 2.24.140 which require filing
of the notice of appeal within 10 days.
Recommendation: Obviously, the new Lexipol version of the NBPD policy manual will
simply be modified to correspond with the 10 day limitation set forth by the Board. Otherwise, a
failure to amend this policy could and likely would provide an employee with a valid defense if
an otherwise untimely notice of appeal was filed between 10 and 21 days.
•
Civil Service Rule•501.3.2 - this Rule states that an employee may request a
written statement from a Department Director seeking reasons for any suspension,
demotion or discharge within five days of the action. Recognizing that these
Rules were written about twenty years before Skelly, this section has likely been
rendered moot in view of the Department Director's legal obligation to now give a
written statement for the reasons for such action before the action is ever taken.
In the same section, it indicates that the Board will "investigate" the matter and
then schedule a hearing.
Recommendation: On the presumption that all Department Directors are well aware of
the pre -disciplinary process in existence for the past thirty years, this Rule should simply be
amended to remove the first few sentences. It should commence with "An employee may, within.
ten (10) days after imposition of discipline by a Department Director, file a written request for a
hearing with the Board... " [Note: Any reference to "investigating" these matters prior to
hearing should also be eliminated so that the parties enter the hearing process on the same level.
In order to avoid potential conflicts or even the appearance of a conflict, it is highly
recommended that the Board should remain completely impartial by avoiding any
"investigation" and simply scheduling a hearing. The Board should exclusively retain its role as
a neutral hearing body and recuse itself from any investigative role in any matter which could
potentially involve any sort of administrative appeal. Alternatively, the Board should simply
eliminate its function as an "investigative" body.
Civil Service Rule 501.2.3.3(D)(1) - purports to permit the discharge of
probationary employees without cause and without any right to appeal. Whether
or not this is true, the section is mysteriously silent on what happens to a
probationary employee who is discharged for cause. Similarly, subsection (D)(2)
also erroneously states that promoted employees may be reduced in rank without
any right to appeal.
Terri L. Cassidy, JD
Re: Rules Review
December 16, 2009
Page 4
Recommendation: While it might be technically correct that probationary employees may
be legally discharged without any right to appeal if in fact they are being released without cause,
the discharge of probationary employees presents several potential risks. These situations are
wrought with problems ranging from potential due process violations to discrimination
allegations to regrettably passing along bad employees to other unsuspecting public entities.
With regard to the release of probationary employees, I would recommend that subsection
(D)(1) be amended to the effect that it provides: If it is determined by a Department Director that
an employee is failing to meet established standards while serving an initial probationary
period, the employee may be discharged without the right to appeal to the Civil Service Board
The right to appeal of an employee discharged for cause during the initial probationary period
shall be. limited to an opportunity to clear his/her name with the Department Director. The
decision of the Department Director shall be final. Language such as this would bring the City
up to speed with the due process requirements of Lubey v. San Francisco (19 79) 98 Cal.App.3d
340, without exposing the Board to full evidentiary hearings for probationers.
As written, subsection (D)(2) is simply outdated. It would probably be best to simply
delete (D)(2).
Civil Service Rule 501.2.3(B)(1)(b) - states that laid off probationary employees
shall be restored to a list in the same order as appointment. At the same time,
PEA MOU § 5(A)(5) states that laid off employees shall be placed on a list in
reverse order of layoff. These two provisions seem to have been written without
regard to each other and their convoluted language is confusing at the very least.
Recommendation: Since I believe that the MOU is up for renegotiation in the very near
future, it would probably be easiest to simply seek to adopt the same language in both the new
MOU and the existing CSR Rule.
NBPD Policy 3/770.01- this section and the current MOU outline a grievance
procedure in accordance with the provisions of "Resolution No. 71-73". Once
again, the multi-level nature of the system has resulted in the incorporation of a
reference to a Resolution which is outdated and is likely no longer applicable.
Recommendation: This is another example of two ongoing problems (not unique to
Newport Beach): (1) All too often, authors of policies and rules blindly incorporate pre-existing
language without regard to what it is or whether it continues to apply, and (2) As noted above,
effort should be made to insure that all rules stand on their own without cross-reference to other
sources. This. is not only much more efficient and user friendly, but it tends to minimize the
potential for continuing to cite sources which either no longer exist or cannot be found.
Terri L. Cassidy, JD
Re: Rules Review
December 16, 2009
Page 5
NBMC 2.24.070(G) - declares that the provisions for reinstatement shall be
provided in the Rules and Regulations set forth. in Ordinance 866 § 7. This is
another case in which the Municipal Code, Civil Service Rules and other sources
within the City continue to reference a fifty year old Ordinance.
f
6
Recommendation: Frankly, almost all provisions of the 1958 Ordinance 866 have long
since been incorporated into the more recent NBMC and it would be in everyone's best interest if
Ord. 866 was either repealed or simply deleted from all reference in all current City resources.
This is another example of my concern that so many provisions cross-reference other sources
which simply breeds confusion, if not outright conflicts.
i
• NBMC 2.24.134(8) - whether or not it was intended by the authors, this section
could be construed to give exempt employees (e.g. Police and Fire Chiefs)
continuing civil service protection whenpromoted from within the organization.
Such an interpretation could extend huge protections to them which they are not
otherwise entitled to (e.g. Government Code § 3304c) and which were seemingly
not contemplated under the Civil Service System (e.g. Civil Service Rule 704
exempts Chief from system).
Recommendation: if the intent was to provide for so-called reversion rights to exempt
employees promoted from within, this section should state exactly that. Although it might
grammatically create a rather long sentence, this impact could probably be achieved by simply
combining the first two sentences and deleting "retain such status in the Civil Service position
• NBMC 2.24.170(A)(1) - not directly related to the disciplinary system, but this
section purports to (illegally) prohibit employees from actively participating in a
county or city political campaign, without key limitations pertaining to the course
of their official capacity. Notwithstanding constitutional issues, Government
Code § 3302(a) prohibits restricting peace officers from engaging in off duty j
political activities.
Recommendation: As with so many outdated provisions, this municipal code section
simply needs to be updated by limiting only those political activities in which an employee is
either using or representing the City in an official capacity.
Overall Recommendation Re ark ding Personnel Issues: In addition to reconciling existing
conflicts and consolidating various sources so that each is self-contained as much as possible, the
dilemma remains as to the future scope of the Civil Service Board. As more fully set forth
below, it might become more efficient if the Board was limited to hearing disciplinary appeals
rather than embroiling itself in the selection process, investigations and other collateral duties.
Moreover, notwithstanding the Board's historical role in disciplinary appeals, many entities are
Lecemoer I v, wv7
Page b
moving away from a multi -member Board concept to the greater efficiency afforded by retaining
a single arbitrator for such appeals. However, if the City is inclined to retain the Civil Service
Board as the hearing body for disciplinary appeals, it will be necessary to make the
aforementioned changes as well as insuring that all procedural guarantees established post -1958
(e.g. POBR, etc.) are incorporated into the appeal process.
The Selection Process
• Civil Service Rule 701(NBMC 2.24.100) - although these sections designate that
the selection of Police and Fire Chiefs shall be by the City Manager, it is
interesting that subsection (B) provides that the Board shall assign two of its own
to sit on the appraisal board. In other words, after having seemingly been
removed from the selection process, the Board is nonetheless inserted right back
into the process. This "participation" creates the illusion of, if not an actual,
conflict of interest between the Board, the City Manager and the eventual Chief.
Once again recognizing that these Rules were first enacted in 1958, the testing
process itself is also outdated by providing 50% weight to a written test for these
positions. Most entities now provide for outside assessment centers to select such
high ranking and critical positions.
Recommendation: Recognizing that any substantive modification to the Civil Service
System would need to be presented to the electorate, the Board would certainly become much
more efficient and less controversial if its function (e.g. Rule 801, et seq) was modified to a
limited and exclusive role as a disciplinary appeal board with no role in the selection process.
Given that the City has elected to delegate these selections to the City Manager by Charter, such
an amendment would also eliminate any need to modify the aforementioned and outdated testing
process. If the role of the Board is not modified, it would then be recommended that the testing
process be modified and updated to adopt a more modern assessment center concept
administered either by the City Manager, the Board or any of the many refined outside groups
providing such services.
• Charter § 504(a) - in conjunction with the City Manager's authority to appoint
the Police Chief, he/she correspondingly.has the authority to remove the Chief.
However, in 1958, the provisions of Government Code § 3304(c) did not exist and
now provide a police chief with certain statutory rights (e.g. notice and
opportunity for a public hearing) before removal.
Recommendation: Section 504(a) and all related provisions simply need to be conformed
to the provisions of the POBR with respect to the Chief of Police.
Terri L. Cassidy, JD
Re: Rules Review
December 16, 2009
Page 7
• Charter § 504(g) - this next issue is probably one of the most convoluted of all
the provisions addressed in that this section of the Charter empowers the City
Manager to "see that the laws of the state pertaining to the City... are enforced.
Similarly, NBPD Policy 2/010 mirrors this language by reference. However,
NBMC 2.12.110 expressly states that the Police Department is under the
supervision of the Police Chief who is responsible for the apprehension of
offenders (e.g. enforcing the laws of the state). Similarly, NBPD Policy 2/025.05,
in conjunction with 2/025.015, dictate that the Police Chief is responsible for
fulfilling the mandates of Charter § 607 which empowers the Chief with the
authority to appoint, etc. personnel as well as the aforementioned responsibilities
set forth in 2.12.110 [However, notably silent on authority to adopt policy].
While NBMC 2.24.190 provides that the Charter will prevail, this confusing maze
of authority can create unintended adverse consequences as well as placing undue
legal obligations of the City Manager when the City Manager selects the Chief
pursuant to 2.24. 100 (c) and Civil Service Rule 701.
Recommendation: While the Charter establishes the City Manager as the head of
government in Newport Beach, enforcement of laws (even by delegation to a Police Chief) is not
traditionally within that role. Different than general law cities, in which the authority to run a
police department is statutorily granted to a police chief, California Constitution, Article M, §5
(b) grants charter cities with the authority to establish police departments. While the City
Manager (or City Council) frequently retain the authority to hire/fire the Police Chief, there are
valid reasons for insuring that the ultimate authority and responsibility for the Police Department
remain with the Chief rather than the City Manager.
For example, certain statutory immunities such as that provided by Vehicle Code §
17004.7 (pursuit immunity) are contingent upon the "adoption" of a policy which conforms to
the very specific requirements of the code. If the police chief in a charter city is responsible for
the Police Department and its policies, he/she has the legal authority to "adopt" such a policy and
avail the agency of this critical immunity. [Cf. Brumer v. City of Los Angeles (1994) 24
Cal.App.4th 9831 However, this "adoption" requirement of 17004.7 is most recently becoming
the basis for attempting to undermine the immunity and many plaintiff's attorneys are now
digging into the hierarchy of the entity's structure. Thus, as a precaution and extra layer of
protection in these and other instances, I would recommend that all involved provisions be
amended and coordinated to provide that the Police Chief establishes and enforces not only
policy for the department, but also has responsibility for enforcing state and local laws. Of
course, this is not to suggest that the Police Chief will be able to create an island of authority as
he/she will always answer to the City Manager. As with every other aspect of this analysis, it
will also be important to streamline the path for determining such authority without having to
consult multiple (often potentially conflicting) sources.
Terri L. Cassidy, JD
Re: Rules Review
December 16 2009
Page $
Overall Recommendation: As noted above, the fifty year tradition of involving the Civil
Service Board in the selection and testing process may have outlived its time. In the interest of
simplifying the entire Civil Service process and keeping them truly impartial, it may be time to
remove them from the selection and testing process so that their role becomes exclusively that of
a disciplinary appeals board.
Newport Beach Police Policy Manual
Although many issues and conflicts were identified within the somewhat outdated NBPD
Policy Manual, it is anticipated that virtually all of these will be remedied by the department's
commitment to adopt and finalize the new Lexipol policy manual system. This new customized
manual system will not only bring the NBPD in line with 94% of the rest of the California law
enforcement agencies currently subscribing to the Lexipol system, it will provide the department
with ongoing semi-annual updates to ensure that the policy manual is kept current with statutory
changes, applicable case law and best practices.
Conclusion
Fortunately, it would appear that many of the aforementioned problems have been
identified without serious adverse consequences to the City and it is hoped that solutions can be
quickly implemented to create a more efficient and legally sound system. I appreciate the
opportunity to have conducted this review and analysis and I remain available to discuss these
issues further or if you should have any questions:
Cordially,
Bruce D. Praet
Attorney at Law
BDP/cs
.:
I
R
_ -
ff
�
p �4
I'
CITY OF NEWPORT BEACH
CITY COUNCIL. STAFF REPORT
Agenda Item No.
December 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David R. Hunt, City Attorney
ext. 3131, dhuqt@newportbgggbgq.c o
j_v
Dave Kiff, City Manager
ext. 3000, dkiffo-nowDortbeachca.gg
SUBJECT: Resolurl6n 2009- Adoption of Charter Update Commission
L:�SUE:
Does Council vWsh to create a commission to consider possible' updates to the City
Chatter and to City Ordinance's that have been adopted by initiative measure so that
update measures can be placed on the November of 2010 ballot?
RECOMMENDATION:
Per direction provided at the November 24, 2009, study session, staff recommends to
Council confirms the number of individuals it wishes to have on the Commissiono confirms
and appoints the Counclimembers to the subcommittee who review applications for
recommended appointment to the Commission; and adapts the resolution as presented
creating and instructing the Commission.
DISCUSSION:
The Council considered the appointment of a Chatter Update Commission at its
November 24, 2009 Study Session. We attach a copy of th t staff report for your a of
o se
reference. The Council directed staff to come back with a resolution creating the
Commission, establishing the issues it will address, and establishing the timeline for its
task. We have attached a proposed resolution fbr your review and approval.
We believe we had direction from the November 24, 2009 Study Session, but them was
no formal action taken by the Council. We need confirmation of the follovAng:
The number of members on the Commission, which we set at seven based upon
discussions of Council;
Appointment of the subcommittee for revievAng and recommending appointment to
the Commission; and
j
Consideration of Creation of a Charter Update Commission
December 8, 2003
Page 2
+ Directing the work program of the Commission. We understand the Council
directed us to have a focused work program for the Commission, but to leave room
for it to recommend further issues to the Council for review, but that it could only
take up those further issues upon approval and direction by the Council. That is
how we drafted the resolution,
Environmental Revi1w
Addressing procedural issues within city government is not a project as defined in the
California Environmental Quality Act (CEQA) Implementing Guidelines.
2
Public Notice
b
Notice has been given consistent with the Ralph M. Brown Act. No other public notice
is required by this item.
CONCLUSIQN
We recommend that you adopt the resolution either as drafted or as you provide further j
direction. Alternatively, you can choose not #o proceed or to modify the work program ;
is
or resolution in any way you choose.
j
Prepared and Submitted by: Submitted By: ?
OFFICE OF THE CITY ATTORNEY CITY MANAGER'S OFFICE
E
tom. i
By By
David R. Hunt Da iff
City Attorney City Manager
1
Attachment 1: November 24, 2003, Study Session Staff Report I
Attachment 2: Proposed Resolution
i
(AO"06731 Charter Update )ssues- 200940-- M&CG from DRH 1208.09 CG M9
P.
i
A.T..TACH.MEN.T I
consideration of Creation of a Charter Update Commission
November 24, 2009 Study Session. Staff Report
8
))J�
..
}
ji ..
� .. _
. -
'.,
�. :{.
Ltf�
r �
i �3 t, �
x� 5
� 5 is ..y ,.k�iJ
L : �i � zt 1
J �� � \ i
f
�;{� :,
' 'l� +4`
. ' � �t. ♦�
S y.
-'
.:-
t -,
s
f
i
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.SS
November 24, 2409
TO— HONORABLE MAYOR AND It EMBERS OF THE CITY COUNCIL
FROM: Daivid R. Hunt, City Attorney
ext. 3131, dhun j@Npv=rtBeachCA.vav
Dave Kiff, City manager
ext. 4030, dtcifftNewwortSeachCA.gay.
SUBJECT Consideration of Creation of a Charter Update Cotnmission
ISStSE:
Does Council wish to Beate a commission to consider possible updates to the City
Charter and to City Ordtrunnces that have -tom adopted by initiative measure. so that
update measures can be placed on the November of 2010 ballot?
RECOMMENDATION'.
Review the issues and give direction.
DISCUSSION:
The City Charter was originally adopted effective January 7, 1855. The Chatter is in e#fect
the constitution of the City of Newport Beach. It governs and sets the parametm of all
powers and regulation that occur within the City. White it has been perlodicafty amended,
there are curnently provisions that arse not consistent with CaKfonto or United States laws.
As such, it may be appropriate to appoint a citizens' commission to look of speck issues
for possible update, darification, and/or amendment to make them consistent with the
current dictates of state and federal law and to modernize the Charter's diciaiss in older to
make; municipal govemmentmore efficient.
in addition fo Charter update, there are orritnartces that have bew Massed by irti# We
measures :that could .be updated as well. For example portions of our Clvfi Service
Ordinance are not enforceable under state and federal law. Those issues, and any other
Issue arising from the Civil Service Ordinance can be addressed by ttre citikens'
commission, should the Council so direct.
Should the Council wish to proceed in this manner we recarnmend that the scope of work
for a citizens` commission be focused on a limited range of issues. The time between now
and the last day io -put an issue on the 2010 General Election is relatively short. Any city
Consideration of Creation of a Charter Update Commission
November 24, 2009
Page 2
measure must be adopted by an appropriate enabling resolution and fonnrarded to the
County Clerk/Elections Official no later than .lune 28, 2010 for inclusion on the ballot
Worldng backwards, there is little more than six months In which a commission can be
appointed, staff can research and analyze issues, the commission can discuss the issues,
a report can be prepared by staf , and a final recommendation can be adopted by the City
Council. As such, we recommend focusing the c ommission on issues of concern to the
Council and prraviding a scheduled work program that can achieve the desired r�esuNs
Zi
wittn the limited time available.
Charter Issues to Be Reviewed
Staff has reviewed the Charter and various initiative measures that may be of interest to
tine Council for review. We have appended as Attachment 'V a listing of issues that has .
been -developed. Some of the Issues are surVe and some are more complex. The ruling
is not intended to be comprehensive,'or mandatory, in ariy way. You rail choose to assign
issues to the commission in any manner you. wish and you cart add to ttte issues listen[ if
you desire. The number of issues you choose will simply affect the Intensity of the process
during the six rttonths available.
we also note that this list is not intended to be an exhaustive expression of issues that
could be addressed. There may be many more issues worthy of cxtnstderaltan. we
have attempted to focus on a set of issues that can be addressed in the limited time
available for consideration. The Council may wish to direct consideratlon of other
issues after having the Issues listed in this report reviewed and addressed.
The issues described in more detail in Attachment A have been placed, for convenience of
discussion,'into one of the folbwing three categories.
ggggewLC. Clean-up (Those matters in which the Charter or inib°ative measures are
Inconsistent with exiq&V law)
lssuw.
1. City Manager resident requirement
2. Redistricting committee
3. Tax Iirrtits
4. Sate of Say front property
S. Gender references
CatsCataM M. Modernization, -and Efifaiertcy {3 Ww miters in whk h mire Charier is not
c onafstent with currant municlpaj pracficae and in which effbency in government can be
achieved though modatn&atronj
issues:
1. Contracting authority
2. Goll Service System
3. Ordinance publication requirements
4. Pubik ation of legal notices
Consideration of Creation of a Charter Update Commission
November 24, 2069
Page 3
S. rime forcontractfng
S. Franchise procedures
7. Centralized purchasing
Cafegm—P• Policy changss
issues:
I. APpotntment to vacant Council seat
Pra -sed Process
.We have drafted a proposed timaline (shown be[64 to lay out a potential work purr for
the projea In summary, the plan we recommend, should you direct that we engage in
the effort, starts with adopting a resolution creating a Chatter Update Commission and
solrcfiing applications for patWpation on the commission. We theft recommend tktat the
final report Of the Ccmtmissbri, with whatever recommendations it adapts, be finahzed by
May 4 and brought to the Council at the last meeting in May of 2014 in a study session.
That deadline wr71.allow the Council to review the recommendations and sc heduL- final
action on the matter in time for placing any issues on i}te ballot. We also rearm pend that
the Cocmcil not require the commission's recommendations be unar kwus, W inswad
allow for any dissenting portion of the commission to prepare a dissenting report. This
approach will allow for the Moes to move more quickly, a requirement that Is necessary
based upon the limited amount of time available for deliberations.
We recommend that a +comrNsslon be supported by the staff of the City. Staff would
Provide the commission with background infonnatbn, analysts, and where appropriate,
their recommendations based upon their professional experience, background, and
training.
We would recommend that the Items for review and consideration by the Commisstat be
clearly established by the Cauncil so €hat the Commission undomtands the Council,$
interests and the limits of the Commission's purytew. Additionally, gWn the limited time
frame for thls project, -arid the fact that capacity is limited in the organization for this new,
but 'important endeavor, engaging an outside prosect manager is proposed. The City
Maroger will engage an individual to assist the City Attorney, City Manager and
Commission in ensuring timely completion of the task. The anticipated cost of the contract
project manager Is $15,000.
For efficiency of ti* puss, given the short time frame, we recommend that applicants
for oornmissiort appointments be required to confirms that they are avaliabie to attend all of
the meetings, which wilt be set in advance, according to the scliedule shown below. A
total of six meetings, with a passible seventh meatirxt, of the commission would be held
between February 2"d (first meeting of the corrrtnission) and May 4. Meetings would be
tentatively set for 4 -- 8:30 pm on each of the days shown on. the schedble.
Consideration of Creation of a Charter Update Commission
November 24, 2009
Page 4
A summary of the proposed schedule is shown below:
"Dmemher
r2009
.{:R�.• •,� VAR yp i,
Council Gives direction ort Possible Commission
Coutzc;i[ Adopts Resolution Creating Commission, Identifying
fssms to be Addressed, and Soliciting Applicaftis. Mayor
Appointipp Council Subcommittee
December 12, 2009
City Cleric Advertises for Applications for Appointrnent to
Commission
Januawry.8.2010
1 ApOication Period Closes
Janus 11 —15, 2009
Council Subcommittee Conducts interviews of 8gAcants
Janu rry26, 2009
Commission Apg2inted
Februn 2 2010
First Meati of the.Commission— Work Plan Discussed
February 16 2009
Commission Meeiin — Discuss Issues
march2 2009Commission
Me ' —Discuss Iswes
March 18 2009
Commission Meed -- Discuss Issues
Apr! B, 2009
Commission Meeting -- Discuss Issues
ri( 20, 2'009
Commission Meeti —Action on Recommendations
May 4, 2009
Commission meeting —Action on Recommendations (meeling
acid on!it needed
May 1 2009
Complete staff report for Council meeting of Ma 25 2009
May 25.2 09
Council study session: Present staff report with Commission
recommendations to Council
.lune 8, 2009
Council discussion and possible action on Resolutions on
Datllot Measures
.tune 22, 2009
Final Council discussion and adoption of Resolutions re Ulat
Measures if action is not taken on .tune 8
Consideration of Creation of a Charter Update Commission
November 24, 2009
Page 5
I nViranmerrtal Review
Addressing procedural Issries within city govemment Is not a project as defined in the
California Environmental Quality Act (CECfA) Implementing Guidelines.
PvBlic Notice
Notice ,has been given consistent with the Ralph M. Brbwn Act. No other public notice
is required by this item.
�Iterrtatives .
You May choose to:
1. Direct staff to proceed with preparing the documents necessary to create fife
commission and bring them back t6the next masfirxg of the Council, or any future
meeting; and
2. Direct staff as to which, if any, or what oilier issues you wish to have reviewed by
a commission; and
3. Direct staff as to the tirneiine proposed, and
4. Reject the idea in its entirety, and
5. Give direction for any other approach to the issue you deem appropriate.
Should you direct the creation of a commission, we will Ning formative documents .to
you at the agenda directed by you
CONCLUSION
This matter is on your study Session agenda for consideration and direction. We shall
execute any direction you provide.
Prepared and Submitted by: Submitted By.,
OFFICE OF THE CITY ATTORNEY CITY iWq{VAGF'S OFFICE 3
B
By
i
4rd R. Hunt Da
City Attomey City Manager
Attachments:
•
Attachment 'K: List of Possible Issues to Address
AU9-008! G�rtHr '
'f � tapdaiels�s-2n�o�f0-1i/2aGtr�CClta,� '
UPDATE:
IBLE I
Fac,Ma►iaaer Residency Repuirgment:
Charter section 501 requires that a City
As determined during the recent recruitment
Manager become a resident of the City,
process, this requirement is now inconsistent
-
with federal law,
CZ. Redistricting CarrtmittEe;
Charier section 1005 requires the City Council
This section has not been uniformiy followed
to -appoint a committee to study and report
and creates - an administrative burden.
on possible redistricting,
Statewide .redistricting takes place. every ten
years when the census results are published.
It may be appropriate to clean-up this section
to be consistent with current practice and
statewide practice. [We should retain the
ability to redistrict after annexation.
C3. Tax I.imi
Charter section 1107 sets limitations on the
'these limitations have been largely, if not
taxing authority of the City.
entirely, superseded by state law through
Proposition 13 and Proposition 218 as well as
other statewide - initiative measures.
Duplication of restrictions can cause confusion
and a trap for the unwary.
C4. Sale of Bav Fran t Property
Charter section 1402 provides that Say Front
'limited
Several times in the past the City has enacted
property, except with exceptions,
Charter amendments In order to allow for the
cannot be sold.
sale of Bay Front property.. This procedure
can be avoided simply by amending the
prohibition to allow for the sale upon an
CS. Gender References
Several sections of the Charter refer to the
affirmative vote of the electorate,
These references could be exchanged with the
City Manager, City Attorney, City Clerk,
person's title instead of a gender reference,
Finance Director, department heads,
"Chairmen," or City Council as males. (Section
..•.mrucana a•-�,w.�yxzme:.�a».�.y�.�vzacaixaas
500, 501, 502, 503, 504, 502, 603, 605, 606,
'' fir' '�>+2a - - °- ,;:�c sq.Y- :.... _ . I . I . •;' 1 ; .
I J'[f S� :3i[' a�-'i+`.� 'i •'4a,i ii �"+i..'•'?lr c'�'.• y: 's' • :r.' aT^'•• ..in i �rn..J.�f.•4f..,E�.,_.{..•.'_:z_S:tA�r+c;::�nfse.:4t,!4S:4h.P.`s:�ffa:f91Ra�.,.y..�e P • e'•i�'�gin`v`s,Y. i�
a •ns•,.,.r..;.:.- .Q,.,_.�'.°1iF�.F� .�_a61..�:..,^(_7����.u�a£`f�L�4_�_ A2�._1�' "_ �•.1. � s a
P P4Y ✓`% 1 �iIPYv3R f .x:✓��.jip 9., Z 5 ��'�. s;, '^�c%^,, � <,v �C Sd
od5rr'1i"v} Pi i`>.r,'?-+, ,�µQjK.�.;� . • r s>r -7' a -y' -
___ - ___— -• �
ContratingAuthorit • I •
• W IT* M e • •
•
P"CleCTS WIM total• e over
• • • • •
f i;• 01 •• to formal bid.
• • • • • .•
rage t
_....
............ ...........
M2. Civil Service Sv em:
Charter sections 800 through 803 provide for
Currently the City's Civil service System is
a Civil Service System within the City and
administered by the City's Civil Service Board
Ordinance 866, passed by the voters on
that was created via ordinance adopted in
November4,1958 (codified as !Municipal Code
1958 and has hat been updated in over fifty
Chapter 2.24).
years. The entire law governing pubic
employment has changed dramatically In that
time leaving some of the provisions of our
system inconsistent with state and federal law
(for example section 2.24.170 prohibiting
Political actives by employees is now
unconstitutional based upon appellate case
.
authority from the state and federal courts)
and at least one requirement of the
ordinance, the provision of appellate rights to
candidates for original employment with the
City, has been recommended for change by
the Clvit.Service Board. These concerns may
warrant a review and modernization of the
s stem.
M3. Ordinance Publication Reauirements.
Charter section 414 requires that an
Publication of ordinances In their entirety can
ordinance be published at least once in the
be extremely expensive. State law
official newspaper,
(Government Code section 36933) allows for.
summaries of ordinances to be published as a
cost savings device.
rage t
_....
............ ...........
M4. Pubiicatian of Legal Notices;
Charter sectlon 419 requires the City Clerk to
Annual bid has
go- to bid annually for contracting out
process not produced any
noticeable savings and has created a difficult
publication of legal notices.
administrative burden on the City Clerk's
Office,
MS. Tine forContractin :
Charter section 420, with some exceptions, p
This requirement potentially limits the City's
restricts the length of time for municipal
ability to enter into modern financial
contracting to not in excess of 25 ears.
transactions.
Nib. Franchise procedures:
Article Xtli of the Charter creates franchising
Franchisin g .procedures. are now governed by
procedures and requirements.
the municipal code. Allowing for municipal
code regulation of the procedures as opposed
to Charter regulation provides for flexibility in
M7. Centralized Purchasinga
Charter section 1106 requires the City to
Chan ing economic environment.
Centralized
purchasing may work in some
continue a process of centralized purchasing.,
cases, but not in all. Advances in technology
and controls may make decentralized
purchasing less expensive.
j1 Kl.
i 11 Jil: F.w (.4v..yr..• r,•1%-� IJ1111• 'ei_J •1• .1::
P1. A_DnoEntment to Vacant Cauncli Seat;
Charter section 403 directs that vacancies on
'be
Does the Council wish to address this issue
the Council shad filled by appointment
either to clarify how this provision falls within
within• thirty clays, or set an election, and the
term limits or to otherwise modify the
appointee shall sit until the next general
provisions?
municipal election and his or her successor is
qualified.
Usting of Possible Issues 11.24.09 CC Mtg
........ _.....
Ekx
k
t
L
� �.; J• i
j}..
f.
Sita t
L 1
I
,t ••f
t 7
c \
}
f
L .f4t \INN
a
t
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CREATING A CHARTER UPDATE
COMMISSION OF LIMITED DURATION AND FOCUSED
JURISDICTION
WHEREAS, the Charter of the City of Newport Beach was passed and adopted by
the citizens of the City of Newport Beach effective January 7,1955;
WHEREAS, substantial changes have occurred in the law since the approval and
adoption of the Charter leaving some of its provisions outdated and unenforceable;
WHEREAS, modem municipal government has moved forward in many ways to
allow more efficiency in addressing the needs of the City and the Charter should not be
an impediment to efficient municipal government;
WHEREAS, it is appropriate to appoint a citizens' commission for review of Charter
update and modernization issues in order to maximize the benefit to the City and its
citizens and to move the worts program for such an update and modernization forward in
a limited period of time;
WHEREAS, the Charter cannot be amended without a vote of the people;
WHEREAS, the next general election currently scheduled in the County of Orange
is on November 2, 2010 and its general election is the most cost efficient manner to bring
issues to the voters of the City of Newport Beach and it is recommended that all
necessary ballot measures that must be voted upon be forwarded to the County of
Orange no later than June 28, 2009;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 4: A Charter Update Commission is hereby created and enabled in
order to carry out the tasks of updating the City of Newport Beach Charter and
modernizing it in order to maximize the efficiency of municipal government.
Section 2; The Commission shall be made up of seven members of the public
appointed by the City Council. The City Council shall make an effort to appoint one
member from each district of the City, but. if there are no qualified applicants from any
district that, position can be filled by an applicant from another district.
Section 3: The Commission is empowered and instructed -to review the issues
set forth on Exhibit "A" for the purpose of updating and modemiAng the Charter. The
Commission may also review the Charter and initiative enacted ordinances the City and
make recommendations to the City Council for expanding the list of issues to be
addressed. The Commission shall not, however, expend resources on pursuing issues
that have not been approved for review by the City Council.
Section 4: Due to the limited amount of time available, the work program for this
effort, allowing for reasonable flexibility, shall proceed on the following schedule:
it ligmi'E
December 8, 2009
Council Adopts Resolution Creating Commission, Identifying
Issues to be Addressed, and Soliciting Applications; Mayor
Appoints Council Subcommittee
December 12, 2009
City Clerk Advertises for Applications for Appointment to
Commission
January 8, 2010
Application Period Closes
Janua l l —.15 2009.
Council Subcommittee Conducts Interviews of Applicants
January -26, 2009
Commission Appointed
Februar y 2, 2010
First Meetinn of the Commission — Work Pian Discussed
February 16, 2009
Commission Meeting — Discuss Issues
March 2, 2009
Commission Meetin — Discuss Issues
March 161 2009
Commission Meeting — Discuss Issues
April 6, 2009
Commission Meeting — Discuss Issues
April 20 2009
Commission Meetin — Action on Recommendations
May 4, 2009
Commission meeting — Action on Recommendations (meeting
held only if needed
Ma 12, 2009
Complete staff report for Council meeting of 25, 2009
-May
May 25, 2009
Council study session: Present staff report with Commission
recommendations to Council
June 8, 2009
Council discussion and possible action on Resolutions on
Ballot Measures
June 22, 2009
Final Council discussion and adoption of Resolutions re Ballot
Measures if action is not taken on June 8
Based upon this work program schedule, the Commission shall complete its final reportto
the City Council with the Commission's recommendations on or before May 4, 2010. The
1 i
final report of the Commission shall be presented to the City Council at the Council's May 1
I 251`, 2010 Council meeting. The final report does not need to be unanimous. Minority
opinions or reports may be presented on any given issue.
Section 5: The Commission shall conduct its meetings consistent with the
Ralph M. Brown Act (California Government Code sections 54950 et seq.). A presiding
officer shall be appointed to preside over the meetings of the Commission. The
j a
i
-3-
3
f
ii
9
Commission shall be supported by. the City Manager's Office and the Office of the City
3
Attorney. An analysis shall be provided to the Commission by staff on all issues being
considered by the Commission and staff shall assist the Commission in preparing the
majority report and reoommendations;
Section S: This resolution shall take effect Immediately upon its adoption by the
City Council, and the City Cleric shall certify the vote adopting the resolution.
ADOPTED this clay of 2009.
Edward D. Selich, Mayor
ATTEST:
P,
J
C
t , c'' `
RESOLUTION NO, 2009.94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CREATING A CHARTER UPDATE
COMMISSION OF LIMITED DURATION AND FOCUSED
JURISDICTION
WHEREAS, the Charter of the City of Newport. Beach was passed. and adapted by
the citizens of the City of Newport Beach effective January 7,1955;
WHEREAS, substantial changes have occurred in the law since the approval and
adoption of the Charter leaving some of its provisions outdated and unenforceable;
j.
WHEREAS, modem municipal government has moved forward in many ways to
allow more efficiency in addressing the needs of the.C#y and the Charter should not be
impediment to efficient municipal government;
WHEREAS, it is appropriate to appoint a citizens' commission for review of Charter
update and modernization issues in order to maximize the benefit to the City and its
citizens and to move the work program for such an update and modemization forward in a
limited period of time;
WHEREAS, the Charter cannot be amended without the vote of a people;
WHEREAS, the next general election currently scheduled in the County of Orange
is on November 2, 2010 and its general election is the most cost efficient matter to bring
issues to the voters of the City of Newport Beach and it is recommended that all necessary
ballot measures that must be voted upon be forwarded to the County of Orange no late
than June 28, 2009;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
a
Section 1: A Charter Update Commission is hereby created and enabled in
order to cant' out the tasks of updating the City of Newport Beach Charter and
modernizing it in order to maximize the efficiency of municipal government.
Section 2: The Commission shall be made up of seven members of the public
appointed by the City Council. The City Council shall make an effort to appoint one
member from each district of the City, but if there are no qualified applicants from any
district that position can be filled by an applicant from another district.
Section 3: The Commission is empowered and instructed to. review the issues
set forth on Exhibit W for the purpose of updating and modernizing the Charter. The
Commission may also review the Charter and initiative enacted ordinances of the City and
make recommendations to the City Council for expanding the list of issues to be
addressed. The Commission shall not, however, expend resources on pursuing issues
that have not been approved for review by the City Council.
Sectlon 4: Due to the limited amount of time available, the work program for this
effort, allowing for reasonable flexibility, shall proceed on the following schedule:
... Datert�on
.
December 8, 2009
Council Adopts Resolution Creating Commission, ldentifying
Issues to be Addressed, and Soliciting Applications; Mayor
Appointing Council Subcommittee
December 12, 2009
City Clerk Advertises for Applications for Appointment to
Commission
January
8 2010
Application Period Closes
Janus
11 —15, 2009
Council Subcommittee Conducts Interviews of Applicants
January
26 2009
CommissionAppointed
Februwy
2; 2010
First. Meeting of the Commission —Work Pian Discussed
February
16, 2009
Commission Meeting — Discuss Issues
Based upon this work program schedule, the Commission shall complete its final report to
the City Council with the Commission's recommendations on or before May 4, 2010. The
final report of the Commission shall be presented to the City Council at the Council's May
25"', 2010 Council meeting. The final report does not need to be unanimous. Minority
opinions or reports may be presented on any given issue.
Section 5 The Commission shall conduct its meetings consistent with the Ralph
M. Brown Act (California Government Code sections 54950 et. seq.) A presiding officer
shall be appointed to preside over the meetings of the Commission. The Commission
shall be supported by the City. Manager's Office and the Office of the City Attorney. An
analysis shall be provided to the Commission by staff -on all issues being considered by
the Commission and staff shall assist the Commission in preparing the majority report and
recommendations.
March 2, 2009
Commission Meeting — Discuss Issues
March 16, 2009
Commission Meeting— Discuss Issues
ril 6, 2009
Commission Meeting— Discuss Issues
April 20, 2009
Commission Meeting— Action on Recommendations
May 4, 2009
Commission meeting - Action on Recommendations (meeting
held onlyif needed
May 12, 2009
Complete staff report for Council meetingof May 25, 2009
May 25, 2009
Council study session: Present staff report with Commission
recommendations to Council
June 8, 2009
Council discussion and possible action on Resolutions on
Ballot Measures
June 22, 2009
Final Council discussion and adoption of Resolutions re Ballot
Measures if action is not Taken on June 8
Based upon this work program schedule, the Commission shall complete its final report to
the City Council with the Commission's recommendations on or before May 4, 2010. The
final report of the Commission shall be presented to the City Council at the Council's May
25"', 2010 Council meeting. The final report does not need to be unanimous. Minority
opinions or reports may be presented on any given issue.
Section 5 The Commission shall conduct its meetings consistent with the Ralph
M. Brown Act (California Government Code sections 54950 et. seq.) A presiding officer
shall be appointed to preside over the meetings of the Commission. The Commission
shall be supported by the City. Manager's Office and the Office of the City Attorney. An
analysis shall be provided to the Commission by staff -on all issues being considered by
the Commission and staff shall assist the Commission in preparing the majority report and
recommendations.
f
Section 6: This resolution shall take effect- immediately upon its adoption by the
City Council, and the City Clerk shall certify the v99,87opting the olution.
ADOPTED this 8"' day of december, 20 n
Ed Iil
Mayor
ATTEST:
Q. Mwk--
Leilani
Brown
City Clerk
no
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, 1 eilani 1. 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 resolution,
�
being Resolution No. 2409-91 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of
December,,2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes:• None
1 ' Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of December, 2009.
City Clerk
Newport Beach, .California
( (Seal)
a��r
I
f
z
•t
-ilk
h 16 AA
i
llz
i
TO: HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD
FROM: Terri L. Cassidy, Human Resources Director
Ext. 3300 tcassidy(aNewportBeachCA.gov
David R. Hunt, City Attorney
Ext. 3131, dhunt(a),N0mortBeachCA.qo
SUBJECT: CIVIL SERVICE SYSTEM - CHARTERIORDI NANCE UPDATE
Continue to review issues related to Civil Service update and prepare to make
recommendations regarding same.
DISCUSSION:
At the January Board meeting, staff suggested to the Board that it might be prudent to
become familiar with various issues related to modernizing the City's Oersonnel system,
including possible modification of the Civil Service System itself. We have outlined
some of the issues that have arisen over the last year as well as issues that exist due to
independent review. We seek your input to pass on to the Charter Update Commission
that is scheduled to hear these matters in March.
1. Existing Board Recommendations for Modification.
You have made several recommendations for modification over the last year. Most,
though not all, have arisen in the context of Police Promotional Investigation. We -list
the, recommendations you have made below
%*t
Candidate AP12eals: You recommended to the City Council that the provisions of
the Civil Service ordinance that allowed candidates to appeal denial of employment
be removed from the ordinance,
❖ Police Promotional Investigation Recommendations: You made the following
recommendations to address the findings in the Police Promotional Investigation, all
of which may, or may not, be appropriate for amendment to the Civil Service
Ordinance:
Recommendation No. 1: If there is an interest by the City Council in maintaining
the PMA Continued Employment Agreement, require a thorough review of the
individual agreements by the City Attorney's Office and , approval of each
agreement by the City Manager.
The Board further recommends that if the City Council chooses to maintain a
Continued Employment Agreement that it does so in a manner avoiding the
isolation of the Police Department through the handling of such agreements
by having Human Resources and the Office of the City Attorney included in
the process.
> Recommendation No. 2. Review the concept of "Whole Number Scoring" to
determine its effectiveness in future promotional processes and whether or not its
.continued use is consistent with the purpose of the Civil Service System. If there
is no confidence in the concept, it should be abandoned.
M The Board supports abandoning the use of "Whole Number Scoring."°
Recommendation No. 3. Implement an employee "annual performance review
tracking system" designed to ensure the timely completion of evaluations.
® The Board further recommends the City Council adopt policies that create
consequences for the failure of supervisorial and management personnel to
prepare personnel evaluations in a timely mariner.
> Recommendation No. 4. Review the "fitness evaluation" phase of the
promotional process to ensure each candidate's annual performance evaluations
are an integral part of that process and receive due consideration from the
evaluators. If the "Continued Employment Agreement" is going to be retained for
retired PMA employees, then obtain. a NBPMA endorsement acknowledging the
propriety of the allowing retired captains and lieutenants working under a CEA to
participate as fitness evaluators. if no such endorsement is obtained, reconsider
allowing these practices to continue.
Recommendation No.. 5, Modify the Civil Service Rules relevant to "employment
lists" to eliminate any possible ambiguities related to issues associated with the
duration of lists, suspension of lists, vacation of lists, and expiration of lists.
The Board further recommends clarifying the policy in a manner such that it is
clear that employment lists can be extended for less than a year, utilizing
language consistent with the Employee Manual indicating that employment
lists may be extended for "up to" one year.
> Recommendation No: 6. Prohibit the appointing authority from participating in an
evaluator/rater in any future promotional processes within the Police Department.
Allowing the appointing authority to evaluate candidates in the preliminary
phases of a promotional process is problematic for the following reasons: It
creates an opportunity for individuals to exercise undue influence over the
process; it sets the stage for grievances and other legal challenges by the
candidates based on allegations of bias and unfairness; and it is inconsistent with
the stated purpose of the Civil Service System, which is to "assure that the
appointment and promotion of employees will be based on merit and fitness."
The Board further recommends potentially iimiting the choices as to who sits
on an interview panel as a rater, restricting who makes the choices, and
requiring that Human Resources approve appointments to interview panels.
Recommendation No. 7. Ensure the City Manager complies with Civil Services
Rules relevant to the selection of chief of police, i.e., recruitments are open and
competitive, or consider modifying the rules by expanding the City Manager's
discretion to hold closed, or internal recruitments, after obtaining City Council
approval.
Y Recommendation No. 8. Develop a Police Department "succession plan" for the
purpose of projecting future vacancies and for determining when promotional
processes should be conducted. While there is no way to determine the exact date
of any employee's retirement or termination, identifying: projected retirement dates
will do much to eliminate the disruptions created by unplanned vacancies.
Consider the concept of "over hiring" as a means of mitigating the impacts of
potential retirements by officers who are approaching their thirty year anniversary
with the Department.
> Recommendation No. 9. Define a career development plan applicable to the ranks
of sergeant, lieutenant, and captain. Such a plan <should be available to anyone
who expresses an interest in promoting to mid -management positions and meets,
or will meet, the minimum qualifications required to promote to the next ran.
Recommendation No. 10. Review the responsibilities and potential conflicts of
interest involved in the police legal advisor position, as well as the cross -
designation of deputy city attorney, to determine if it is the in the best interests of
the City to retain such a position;
The . Board Dotes the position of Police Legal Advisor has already been
eliminated from job descriptions and its relationship with ithe Office of the City
Attorney has been severed. The Board supportsand approved that change.
2. Staff Review and Recommendations for Modification.
City staff is now in the process of reviewing City Charter and Ordinance 866 to
determine those areas that are obsolete, might be.unnecessary, or would be in conflict
with laws passed since the 1950's. Below we are providing the Board with a few
examples of sections in the system that might be included in a substantive revision.
a) City Charter, Article V111 Civil Service System, Section 802.2:
This speaks to exempt positions from the Civil Service System. Some
changes are needed in subsections below:
o "one private secretary to the City Manager" — This position does not
now exist it is called Executive Assistant to the City Manager and is
not"private" but confidential.
o Department Heads - This does not include Assistant/Deputy Directors
or designees, and this omission might cause a conflict of interest if
these positions are assigned to represent the Department Head. We
would recommend these be added.
o "City Engineer" This position is no longer at a Director level.
References should be more generic such as Director or such other
positions as adopted or designated by City Council Resolution..
o "all employees of the Library Department, including the Librarian" — We
no longer call the Director of that department "Librarian" and we have
three levels of Librarians, a Library Manager, and a Director. We could
examine why this Department is specifically listed as.exempt.
b) Newport Beach Municipal Code Sections 2.24.170 re Political Activities:
This section prohibits Civil Service employees from engaging in several
political actives. Regrettably, however, the prohibitions in the section are
largely unconstitutional and, therefore, have not been enforced for several
years. As a result, this section needs to be repealed or modified in order to
be brought into conformance with state and federal law.
The items listed above are examples of obsolete references.
G) Ordinance 866, Section 5. Responsibilities and Authority of
e This section speaks to establishing policy and approving procedures for the
recruitment and selection of Civil Service personnel.
o Since the adoption of this ordinance, in 1958, the City organization has
changed and we now have e professional Human Resources
Department with the ability to conduct recruitment and selection
activities. The requirement that the Board approve opening
recruitments might be unnecessary because the policy, and procedures
for the recruitment are outlined for Human Resources to: follow. This
could eliminate the conflict between the Board approving a process
then hearing an appeal against the same process they approved.
o According to Section 6. Responsibilities and Authority of City Manager.'
Subsection (c).3 includes the certification and appointment of eligibles.
We would recommend the City Manager, or designee, certify and
approving the lists which eliminates the conflict of the Board approve
an eligibility list then possibly hearing an appeal from a candidate who
was not selected.
o Currently, recruitments and candidate appointments are scheduled
around the Board's monthly meetings; the possible changes listed
above would allow the recruitments to be conducted in a more timely
manner.
The items above are examples of possibly unnecessary references.
d) Ordinance 866, Section 10. Selection of Police and Fire Chiefs Subsection €b1
Selection Process.
This section speaks to the examination process for these positions and that it
must consist of a written exam weighted at 50% and a qualifications appraisal
weighted at 50%.
o Written examinations for Chiefs are no longer standard and would
require the City spend a large amount of money for a custom exam to
be created.
o The requirement of these two assessments, each weighted equally,
limits the ability to create a selection process which meets the needs of
the City. We would like to examine changes to this section to allow
relevant processes, and to leave decisions on components to experts
(Executive Recruiters) or Human Resources to determine along with
the City Manager.
The items above are examples of conflict with current industry practices.
3. Ultimate Recommendation.
Staff recommends that the Civil Service {ordinance be updated to address these issues.
In addition, however, staff recommends that Ordinance 866 be repealed and a new
ordinance reflecting the current state of the law and the circumstances facing the City
be adopted by the City Council. In this fashion, the City will have an ordinance that can
be more easily modified to address changing conditions over time. The new ordinance
would address the issues above and any other the Board wishes to address as well as
any others the City Council directs the staff to address.
In addition, staff recommends modification of the Charter provisions so that at least one
additional non -civil service position be created in each Civil Service department. For
example, staff recommends there be created Assistant Chief positions, or the functional
equivalent of the same, in both the Police Department and the Fire Department that are
at -will, non -civil service positions. This will allow each chief officer to have support in
dealing with represented employees within the departments.
CONCL.USIC)i' :
The goal is to update the Civil Service System into one that is clearer and relevant to
this organization now and into the future and also one that can be managed more
efficiently in the face of changing laws. We hope you will keep an open mind to
changes and we welcome your suggestions and feedback to prepare a better report for
the Charter Update Commission.
Submitted by:
HUMAN RESOURCES DEPARTMENT
By
Terri L. Cas idy, Human Resoc7
Director
Submitted By
OFFICE OF THE CITY ATTORNEY
David R. Hunt
City Attorney