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HomeMy WebLinkAboutAtt B – Civil Service SystemATTACHMENT B CITY OF NEWPORT BEACH CHARTER UPDATE COMMISSION STAFF REPORT Agenda Item No. 2 March 16, 2010 TO: HONORABLE MEMBERS OF THE CHARTER UPDATE COMMISSION FROM: Human Resources Department Terri L. Cassidy, Human Resources Director 949-644-3303, tcassidy(cr-)newportbeachca.gov Office of the City Attorney David R. Hunt, City Attorney 949-644-3131, dhunt _newportbeachca.gov SUBJECT: CHARTER SECTIONS 710-711 — CIVIL SERVICE BOARD CHARTER SECTIONS 800-803 — CIVIL SERVICE SYSTEM ORDINANCE 866 (NBMC Chapter 2.24) AND THE CIVIL SERVICE SYSTEM GENERALLY RECOMMENDATION: Recommend that the Charter Update Commission consider the documentation previously provided by the Office of the City Attorney and the Human Resources Department on the Civil Service Board, Civil Service System and Ordinance 866, input received from the Civil Service Board at their meetings of March 1 and March 8, 2010 and additional documents provided. No decision is being requested at today's meeting, but rather a request that a second meeting of the Commission be scheduled to determine the appropriate recommendation to submit to City Council. DISCUSSION: Attached is a "white paper" with relevant background information and a binder including all documents (Charter Sections, Ordinance Sections and Civil Service Board agendas and staff reports) for the Charter Update Commission's reference. CONCLUSION: Please ask questions or give direction so that we can bring this matter back to you for potentially final recommendation at your next meeting. Page 2 Prepared and Submitted By: Submitted By: Human Resources Department O e of the City Attorney By� By Terri L. Cassidy, Human Resoura David R. Hunt, City ttorney Director and Secretary to the Civi Service Board Page 3 Civil Service Board & System (Charter Sections 710-711, 800-803, and Ordinance 866) STATEMENT OF THE ISSUE: Should the City modify the Sections of the Charter and/or Ordinance 866 to modernize the City's personnel system and conform to local, state and federal laws that have been enacted since 1942 (when Ordinance 511 established the Civil Service System) or 1954 or 1958 (Charter (1954) and Ordinance 866 (1958) discussing and outlining the roles/responsibilities of the Civil Service Board and System)? RELEVANT BACKGROUND: 1. Genesis of the Issue. As a result of the recent Police Management Association initiated investigation under the auspices of the Civil Service Board into the practices of recruitment/selection and other employment practices within the Police Department, the City of Newport Beach had the opportunity to research and review many documents related to our personnel practices and Civil Service system. The relevant documents reviewed include City Council Policy, the City Charter, Ordinances, Civil Service Rules, Memoranda of Understanding (i.e., collective bargaining agreements), the City's Employee Policy Manual, and Standard Operating Procedures for the Police and Fire Departments. Upon closer examination of these documents by the Office of the City Attorney, the Human Resources Department, outside special legal counsel (Bruce Praet of Ferguson, Praet & Sherman), the Civil Service Board and its Investigator, James Blaylock, it became apparent that the system governing the City's Personnel System, especially as it pertains to employees of the Police/Fire Departments is complex, inherently contradictory, contains illegal provisions and is cumbersome to work with. The review of the charter, ordinance and in the case of Bruce Praet, the "SOPS" of the Police Department, have highlighted for us, and we hope to do the same for the Charter Update Commission, the complexity of our personnel system. It is our desire to make the system more consistent and manageable, more easily understandable and in compliance with the best practices of personnel/employee relations administration and the laws of the city, state and federal government. The City Council placed the possible modernization of the Civil Service System into the work program for the Charter Update Commission to address these issues. This is the first time in the history of the City of Newport Beach that a comprehensive look at this area under the Charter is being proposed. Page 4 2. Historical and Factual Background. The Civil Service System was enacted by Ordinance 511 in 1942. Following the outline established in that document, the Charter Articles (VII and VIII) and the enabling Ordinance 866 that superseded Ordinance 511, adopted in 1958, have remained essentially unchanged for 52 years. Of the 456 cities in California, 116 of those are Charter cities. Of the 54 charter cities in Southern California, 28 have a Civil Service or Personnel System addressed in the city Charter. Most of these cities have updated their system at some point to incorporate more current practices related to personnel administration and the disciplinary appeal protections now afforded under case law, or to adapt to the changes in rights given to public safety employees by local, state or federal law. The background information above is presented to the Commission in an accompanying binder. 3. Reasons to Address the Issue. The primary reason to closely review the Charter/Ordinance is that the City is operating using highly complex personnel regulations, thus causing confusion and unnecessarily high transaction costs. There is also increased potential for litigation for failure to follow many of the contradictory rules and policies. Many of the protections created by the Civil Service System duplicate guaranteed protections under the state and federal Constitutions and case law that supersede some provisions of the City's documents. Further, the functions of the Civil Service System (outlined below) may not be consistent with other aspects of the Charter, such as the roles/responsibilities of the Council - Manager form of government that places personnel decisions of the City under the direct responsibility of the City Manager. In addition, some of these functions are now delegated to a professional Human Resources Director, who serves also as Secretary to the Civil Service Board. Through the PMA Investigation and changes that have occurred in the manner by which the Police Department and Human Resources collaborate on recruitment/selection activities, it was determined that some of the requirements of the System may no longer be necessary (such as a 50% written test for Chief of Police, or bringing a job flyer or examination components to the Civil Service Boards for approval). Further, the broad right of candidates for positions to appeal exclusion from testing seems to be excessive and undermines the determination of a department director, working with `Human Resources to include only those best qualified to take part in testing for particular positions. The supporting binder presented to the Commission contains a wealth of information about some of the difficulties existing under the present system. City Attorney David Hunt has outlined a number of laws that afford similar or greater protections to employees that have been adopted and applied to the City's rules since 1958. Some cases you might be familiar with include the Skelly decision (due process protections), Page 5 the Lube decision (liberty interest or right to a name -clearing hearing), the Firefighters Procedural Bill of Rights, the Public Safety Officers' Procedural Bill of Rights and the Weingarten decision (allowing an employee union representation with management if discipline is being contemplated). The entire area of collective bargaining changed with the adoption in 1968 of the Meyers-Milias-Brown Act (Government Code Sections 3500 et. seq.) and many federal laws have been enacted addressing rights against discrimination and rights protecting privacy. 4. Process for Bringing the Issue Forward and Association Comments Received. Prior to bringing the Civil Service issue to the Charter Update Commission for consideration, employee associations and the Civil Service Board have been engaged in discussion and have been asked for their viewpoints about it. You are being provided with the draft minutes from the Civil Service Board meetings of March 1 and March 8 on this subject and some of these parties may be present at this meeting of the Commission to offer testimony. As you will see, there are many opinions on how best to move forward. Several of the recognized Employee Associations have testified in the process indicating that, while they wish to maintain the protections of Civil Service, they also realize many things have changed since 1958 and understand the need for consolidation and/or revision. We currently have meetings scheduled with representatives of the Exclusively Recognized Police, Fire and Lifeguard Associations, to provide them with an opportunity to discuss their concerns and questions regarding the goals involved in this matter. 5. Purpose and Functions of the Civil Service System. The purpose of the Civil Service System was enacted in Ordinance No. 866, and was codified as Newport Beach Municipal Code section 2.24.030, stating: "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)" The City's Civil Service Board currently performs the following functions in order to carry out the purpose as defined under Ordinance No. 866: 1) Oversees the recruitment process for all civil service employees including a role in the selection of the Police/Fire Chief and acts as an appellate body on recruitment/selection issues; Page 6 2) Functions 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 by either the City Council, City Manager, or an organized employee's association within the System and/or; 4) Oversees the System as a whole and makes recommendations to the City Council as to any changes the Board believes are appropriate. 6. Civil Service Board Recommendation. The Civil Service Board has discussed this issue four times, three times at its regular meetings held January 4, 2010, February 1, 2010, and March 1, 2010, and one time at a special meeting held March 8, 2010. The Board rendered its final recommendation on the matter at its March 8, 2010 meeting. The minutes from all of these meetings are presented in your binder, though the meeting minutes from the March 1 and March 8 meetings are still in draft and unapproved form. In summary, the Board made the following strong recommendations: • On Keeping or Not Keeping the System: Do not eliminate the system and keep it fundamentally the same. ➢ The Board also recommends bringing back the definition of "classified service to eliminate ambiguities and potentially extending it to all sworn and unsworn employees of the Police and Fire Departments, as well as preserving the protections of lifeguards regardless of whether they are in the Fire Department or some other department in the future. ➢ The Board concludes the System is necessary to provide employees with fundamental protections and an objective, final resource prior to potentially filing a lawsuit. On the Issue of What Functions of the System That Should be Maintained. All functions of the Board, those being recruitment oversight, disciplinary appeals, conducting investigations and system oversight, should be kept in place. . ➢ The Board is, however, recommending more flexibility in recruitment oversight so long as employee protections are not diluted in any way. It is noted that FFA, FMA, and LMA were. represented at the meeting. They expressed concern about maintaining protections for employees. The PMA was also represented and sentiments regarding simplifying the overly complex system were shared, though overall protections of the employees should not be diluted. Page 7 • As to Citizen Initiative Ordinance No. 866: Ordinance No. 866, the citizen's initiative that gave the system its "guts," should be kept in place as a citizen's initiative measure, but be updated to bring it into compliance with state and federal law. Additionally, conflicts with other City regulations should be eliminated and more flexibility should be built into the ordinance to allow the City Manager and the HR Department to conduct recruitment in a streamlined fashion, so long as employee protections are not diluted. ➢ The Board concluded that having the operative, implementing regulations of the System in place through citizen initiative protects the System, and thus the City's civil service employees, from possible action by a City Council. Assistant/Deputy Chief Issue: No express recommendation was made on adding an Assistant/Deputy Department Head, a motion to that effect having failed 2-3. ➢ The concerns we were able to note from the discussion were that it was too early to take such an action and that we did not need to go that far ("using a hammer where a screw driver will do"). ➢ The Board expressed further concerns over how such positions might (1) promote cronyism; (2) limit or adversely affect promotional opportunities; and (3) the potential "at -will" status of the positions. 7. Analysis of Issue and Alternatives. There are many alternatives that could be considered in addressing the Civil Service System. Staff suggests the Commission make recommendations on the policy issues underlying the overall "modernization" issue. Staff does not recommend the Commission engage in "wordsmithery" at this juncture. Staff has prepared the following decision tree to provide the Commission with an analytical framework for addressing the policy issues. 1. Should the Charter be amended to eliminate the requirement there be a System within the City? 1f the answer is "yes," no further questions need be addressed. If the answer to question No. 1 is "no," proceed to question No. 2. 2. Should Ordinance No 866 enacted in 1958 be replaced with an ordinance enacted by the City Council thus allowing for updating the System on an on_going basis without the need for a voter initiative? if the answer to question No. 2 is "no," proceed to question No. 3. If the answer is "yes," proceed to question No. 4 skipping Question No. 3 entirely. 3. Should Ordinance No. 866 be amended to modify any of the following? Page 8 a. Bring it into consistency with the California and Federal Constitutions; b. Modify or eliminate any of the four functions performed by the Board in the context of the ordinance; (1) Overseeing 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 acting as an appellate body on recruitment issues;' (2) Functioning 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 ("EPM"), that are appealed to its level; (3) Conducting investigations as requested by either by the City Council, the City Manager, or an organized employee's association within the System; and/or (4) Overseeing the System as a whole and making recommendations to the City Council as to any changes the Board believes are appropriate. Once Question No. 3 is answered, you may skip to Question No. 5. 4. If the existing Ordinance No 866 should be replaced with a new ordinancewhat role/functions do you recommend the Board continue. to perform? You may recommend no change, modification of the roles, or elimination of any of the four roles played by Board: (1) Overseeing 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 acting as an appellate body on recruitment issues; (2) The functioning as a discipline appeals board, reviewing any decision to discipline civil service employees and also for non -civil service employees under the City's EPM that are appealed to its level; (3) Conducting investigations as requested by either by the City Council, the City Manager, or an organized employee's association within the System; and/or; (4) Overseeing the system as a whole and making recommendations to the City Council as to any changes the Board believes are appropriate. Page 9 5. Should the Charter be updated to create an Assistant/Deputy Department Head position or positions for Police and the Fire Departments that are outside of the System and outside of organized bargaining inin_g units? You may recommend "No" or "Yes" on this issue. This ends the specific questions. 6. Staff Recommendations. No staff recommendations are being offered to the Charter Update Commission at this juncture. We look forward to the Commission's deliberations and ultimate recommendations at its next meeting. CONCLUSION Staff is available to discuss with the Commission the materials in the binder, the input from the Employee Associations, the research conducted by Human Resources of the charter and general law cities with a Civil Service/Personnel System and how they have evolved over time, the Civil Service Board's position. City Manager Dave Kiff is also available to provide input on his perceptions and opinions of the System as the City's Chief Personnel Officer. It is our mutual desire that the City of Newport Beach and its employees currently under Civil Service be afforded the security and protections of their rights as public safety and public employees. ORDINANCE NO. 511 each department shall, immediate- shall be certified by the Civil Serv- AN ORDINANCE OF THE ly upon such department coming ice Board and when so certified [[[ CITY COUNCIL OF THE under this ordinance, file with the shall be paid by the City Council CITY OF NEWPORT BEACH, Civil Service Board an official list in the same manner as other Ask 6 CREATING A CIVIL SERVICE of all members of such depart- ment with the respective rank or charges against the City. BOARD, PROVIDING FOR grade held by each SECTION A CREATION AND f THE MANNER., AND METHOD OF APPOINTMENT, PROVID- member. It shall be the, duty of the Civil ESTABLISHMENT OF A TRIAL BOARD. There is hereby created, , ING FOR THE PLACING OF, Service Board to hold examina- tions and to administer suit- for the purpose of hearing and de - MEMBERS OF THE POLICE DEPARTMENT AND THE other able tests to those desiring post- termining charges made against an officer or member of the Fire De - FIRE DEPARTMENT UNDER tions or are applicants for appoint- partment or Police .Department, a CIVIL. SERVICE. ment or promotion in the classi• board to be known as the Trial fied service of the Fire Depart Board, which shall be composed of SECTION 1. CREATION AND ment and the Police Department, for the purpose of determiningESTABLISHME the members of the Civil Service SERVICE. There ris•hereby created their fitness for such positions or Board. The verdict and judgment of the majority of the trial board and established Civil Service for their qualifications for such pru• motions, from the result of shall be final. If the accused be certain officers and members of the Fire and the .and, such examinations and teats, the found guilty, said board shall re - ort their findings 4 lice Departmen- mentoft the Citypof Board shall prepare a list n ell- for all positions the dations to the tynCouncil. Tho ( Newport Beach. All full time; reg- classigiblefied ciasaified service of the Fire De• r City Council may dismiss such of- ular and permanent occupations or em to employment on the Police De- partment and the Police Depart• ficer. or member from the service of the City or inflict such other F partme and Fire Department Cent. The City Council may con- tract with the legislative body or punishment upon p po him in the r shall for the purpose of this r- governing board of any other mu- judgment of the City Council may u be dinance be known as Classified ied Service. nicipality or County within this adequate; provided, however, ver, that should an officer or membel; { SECTION. 2. CREATION OFA state or with any State Depart- Cent, as provided in Section 3, of the Fire Department or Police ;. CIVIL SERVICE BOARD. There Chapter 48, Statutes of 1835. Department be found guilty of a is hereby created a Civil Service Board, .consisting of three (3) SECTION 5. INSPECTION OF charge of drunkenness on duty the City Council must dismiss him members to be appointed by the EXAMINATION PAPERS. Ex- from the service of the City. City Council at its first regular. amination papers of the candidates If an officer or member of the. t meeting after the adoption of this are not subject to inspection by the public. Upon request any can- Fire Department or Police Depart. ordinance. Each of the members shall be a person of p good repute didate may inspect his own papers, ment be convicted of a felony or malfeasance in office or be ad in his business, profession or occu- including his application and the questions and his answers thereto, - judged insane, or absent himself pation, and be • known to be in sympathy with the merit system within six (6) days after the eli- from the City for more than thirty (30) days without leave granted or Civil Service system in the public service, and with control of gible list has been completed. Said six days for review shall mean six by the Chief of his Department, the City Council employment matters through a days exclusive of holidays. If the candidate believes shall, upon the recommendation of the Chief of central personnel agency. No mem- ber shall hold .any other city of. error hese been made in his grading or the Department, declare his poli- tion or office vacant and the va- fice, and must be a bona fide reel- dent and elector in the City of in the credit given him,. he may make application in writing to the coney shall be filled as heretofore Newport Beach. At the time of said appointment, the City Coun• Civil Service Board for a review of his answers; provided, however, provided. SECTION 8. POLITICAL OPIN- cil shall' designate one (1) of the that in such application he muss state specifically and IONS OR RELIGIOUS BELIEF NOT TO BE CONSIDERED. No citizens so appointed to serve a term which shall expire Decem- particularly • ein he believes error has been person in the Classified Service Service ber 31, 1941; one (1) of the Citi -bp made. peeking admission thereto shall zees se appointed to serve for a term The Civil Service Board shall immediately upon receipt of such appointed, promoted, demoted oe discharged or in any way favored which shall expire Decem- ber 31, 1942, and one (1) of the application, proieed to examine the or discriminated against because citizens so appointed to serve For papers and grades. Any error o, of ,political opinions or affiliations, a term which shall expire Decem• injustice that may appear shall be or g taus belief. because of religious ber 31, 1943. At the expiration of corrected, and any change in the No person holding an office or each of the terms so prodived for, order of standing of applicants as place in any department placed a successor shall be appointed for a result thereof shall be mads by under a merit system or civil serv• a term of four (4) years. Any the Civil Service Board within ice system, pursuant to the pro - member of such commission may fourteen (14) days, after applica- visions of this ordinance or of be removed from office for income tion is made to them for such re- Chapter 48 of the Statutes of 1935, petency, incompatibility, or derelic- view. Their decision shall be final. of the State of California, shall tion of duty, or malfeasance in ISECTION 6. NOTICE OF EX- seek or accept election, nomination office, or other good cause, by the AMINATION$. Notice of time, or appointment as an officer of a appointing power. Any decision of place and general scope of every political club or organization, or take an active in such Council shall be final. examination shalt be posted by part any county Vacancies of the Civil. Service the Civil Service Bdard in a con- or municipal political campaign, or Board from whatever cause, shall spicuous place, in its office, at serve as a member of -a commit. be filled bythe the City Council for the City Hall; at the office of the tee of such club or organization of the ensuing or unexpired term. Chief of the Fire Department; and circle, or seek signatures to any The Civil Service Board shall of the Police Department, not less petition provided for by any law, keep a record ..of its proceedings than two weeks prior to such ex• or act as a worker at the polls, or and transactions and shall provide amination. distribute . badges or pamphlets, rules and regulations for the keep• SECTION 7. SELECTION AND dodgers, or handbills of any kind ing of service records of the Po- PROMOTION. The Civil Service favoring or opposing any candi- lice Department employees and Board shall formulate rules and date for election, or for nomina- the Fire Department employees regulations governing the selection tion to a public office, whether and for the classification of such and promotion of members of the county or municipal; provided, employees. Such rules and regula- Fire Department and Police De- however, that nothing in this or - tions shall have the force and ef- partment. All officers and mem• dinance shall be construed to pre- fect of law. berg of the Fire Department and vent any such officer or employee SECTION 3. ORGANIZATION Police Department shall belong to from becoming or continuing to OF THE CIVIL SERVICE the Classified Service and shall be be a member of a political club )r BOARD. Immediatelyafterape appointed and promoted from those organization, or from attendance pointment, the Board shall organ- who are fit for the position to be, at a political meeting, or.from en- Ize and shall elect one of its mem- filled:. joying entire freedom from all in- bers as chairman. The Board shall All authorized and needed offl- terfereme In casting his vote or appointa chief examiner, who shad cern or members shall be recom• from seeking or accepting election also act as Secretary of the mended to be chosen or promoted or appointment to public office. Board. The Board' may appoint by the Chief of the Fire Depart- Any wilful- violation . hereof or such other. subardiriates as the ment or the Police Department as violation through -culpable negli- City Council may by ordinance pre- the case may be, from the highest genre, shall be sufficient grounds - scribe, Such Board shall hold standing candidate oil the eligible to authorize the discharge of any meetings upon call of the Chair- list furnished by the Civil Service officer or employee. man or any two members thereof, Board. S E C T 10 N 10. PROBATION after at least three hours notice The cost of conducting the ex- PERIOD. Appointments or promo - in writing served upon the mem- aminations and other duties of tha tions to employment or rank sha.l bers. Civil Service and Trial Board shall be deemed temporary until a per_ SECTION 4. EXAMINATION be a charge against the general lad of probation not to exceed six FOR APPLICANTS. The Chief of funds of the City. These costs (6) months has elapsed, and dur- { Ing such time such member shall dation of the Chief accompanying employees that have been appoint - be considered as acting, or tempor- such charges shall take effect, ed to the next higher rank, and arfly appointed or promoted. Suc- and the suspension of such mem- their places likewise filled until cesslve temporary appointments ber shall become a permanent dis- proper distribution has been ac - shall not be allowed. In the event charge as of the date of the or- complished; provided, further, that of promotion to higher rank and iginal suspension, If the member In the event the said department ..at any time within six months so charged files an answer within shall again be increased in num- _ , thereafter, the appointee may be the five days, then the Civil Service bers, the Bald men dismissed, or seduced by the Chief of the De- to Board shall convene as a "Trial Board" reduced in rank, under the terms partment the same rank that as provided In Section 8 of this section, shall have the priv- he had prior to such temporary ap- hereof, and shall inquire Into the ilege of being reinstated before pointment, and in the event that charges made by the Chief of the any new appointments to said de - said appointee shall not have held . department, and may make such partment shall be made. service. in the classified service, he inquiry in such a manner as It SECTION 14. PRESENT IN- -ay ,be discharged by the Chief deems best by ex party investiga- CUMBENTS TO BE QUALIFIED of the Department. Each Chief shall, have power over his own de- tion by the Board or any commit- tee thereof, but said Board shall AND TO REMAIN ON PRES- ENT POSITIONS. partment members, bold a meeting as herein above To the end that there be no dis- € SECTION 11. RIGHT OF TRIAL. The Chief of any department in Provided, at which time such mem- ber so charged 'and the Chief, of ruption In the present service of the Fire Department and the Po - Classified Service" may file charg• the department shall be permitted lice Department, and that no un - es of misconduct, Insubordination to make such showing as they due hardship maybe worked upon or Inefficiency against any member may desire before said trial board. any 'member of said departments of his respective department, with The member so charged and the who shall have attained at the the Civil Service Board. Such Chief of the Department may, at time of adoption of this ordinance charges shall " be accompanied by the hearing of such charges, be a certain grade or rank in said de - his recommendation for discharge represented by Counsel and shall partment,,each present member of or dlscipIlnary action. If recom- have the right to produce such such departments shall he deemed., mended for discharge or reduction after expiration of the period of witnesses as he may desire to testify In his behalf. The Chair- to be in Classifid Service and cred- ited by the Civil Service Board temporary employment In any po- sltton, the employee so recommend- man of the Board shall have the right to issue subpoenas and corn • with qualifications, both mental i edfor discharge or reduction may pel the attendance of witnesses. and physical, for entrance to the Classified Service of the Fire De - demand a trial, whereupon he shall be tried as provided in Section 13 After such hearing the trial board shall determine whether or partment and / or Police Depart - ment, and the rank, grade or po- an Reduction, Suspension and Dls- not such charges or any part sition held by such members at charge. thereof are true, and if they de- the time of the adoption of this SECTION' 12. LEAVE OF AB- termine that none of the charges ordinance. " SENCE. Any member who is call- ed or volunteers to serve in any sof e are true, the said member shall be reinstated and restored to duty, SECTION 15, ORGANIZATION branch branch of the service the United and shall be entitled to receive OF A FIRE DEPARTMENT. There is hersby created' a Flre•De- shall, u on his return, and p with honorable discharge, main - compensation during the period of his suspension, and pending such partment which shat consist of a fain hisis priority rights within this ordinance, hearing and reinstatement. If the Trial Board shall determine that Chief of the Fire Department, As. sistant Chief, Fire Marshal, -Cap- provided, ,however, that he shall maks application for re. such charges or any of them are tai Master -mechanics, Engi- neers, Auto -firemen, mechanics, instatement within ninety (90) days after discharge from the true, they shall make their find- ings in accordance therewith, and firm alarm operators, Inspectors, service of the United States, shall recommend such disciplinary Hosemen and Laddermen, and oth- Leave of absence for any pur- action as they may deem proper . under the circumstances and find, er employees as the City Council may from time to time prescribe, pose may be taken by written consent of the Civil Service Board, ings. If such recommendations do as provided under Section '2 of Chapter 48 of Statutes of 1935. t and temporary appointments may not cosist of a recommendation j be made to fill such vacancies in for discharge, the person charged SECTION 18. QUALIFIfiA• the manner herein provided for, and found guilty as herein pro- TIONS FOR THE FIRE DEPART - DEPART - Permanent a ppo vided, shall be privileged to ac- g MENT. Every appointee of the fire S SECTION 13. REDUCTION, SUS- sept such disciplinary action as department at the time of appoint - PENSION AND DISCHARGE.. recommended by the trial board, but If such recommendation shall went shall not be less than twenty - one (21) years nor more than (a) No person in the Classified Civil Service shall be removed be presented to the City Council of thirty-one (31) years of age, ex - or discharged from his position or re- the City of Newport Beach, and the City Council shall take such cept that this qualification shal not affect the present, members of duced in rank except for ineffi• " ciency, misconduct or insubordina- action in the matter as in the judg• " of such Council shall the Paid -Call list who have been on the Paid -Call list of the Fire tion. Whenever the Chief of any department beent proper and adequate under the degq Department for more than five p Ank under Civil Service shall determine that discharge, re- findings of the tris[ board. years. -prior to the date that thi3 ordinance shall go Into duction in rank or disciplinary ac- tion should be taken against any H such recommendation of the trial board Is for disciplinary ac- tion, and the person charged effect. Every appointee, however, must possess the physical qualifications member of his department, and ! he determines that such member and round guilty does not acquiesce or prescribed by the Civil Service Board (which shalt not be inferior should be discharged, he may sus- pend such member active consent thereto, then such red to shall -be presented to to those required *for the recruits ,from duty, and shall, upon so determ- the City the Ctty Council, far its action as of the United States Army), and before his appointment must pass inin or upon so sus endin an $ po Suspending Y provided In Section 8 hereof, satisfactory examinations as may member, immediately file charges Verified written charges may be be prescribed by the Civil Service with the Civil Service Board, set- ting forth In detail the grounds for filed by any qualified elector of the city of Newport Beach with Board. Every appointee must be a such suspension, disciplinary action the Chief of any department, un- bona fide resident and( elector of the city of Newport Beach, for at or reduction in rank or position, together with his recommendation der such rules and regulations as may be prescribed by the Civil least one year prior to the date thereon. Such charges shall be in Service Board, and the truth of of his appointment) earl must have a high school education or its writing and a copy thereof served such charges shall be determined equivalent. upon the' member so charged. Such member so charged shall by the Chief .of the department, and if he deems he may file charg• SECTION 17. ELIGIBILITY AF. have the right to file an answer es with the Civil Service Board. FELTED BY RECEIPT OF PEN - SION, No person holding an office to such charges within five (5) days from the date of service upon (b) No member shall be dis- missed because of the dlscontinu- or place in any department, placed him of a copy thereof, which ans- ante of the particular office or under a merit system or civil serv- ice system, pursuant to the pro- wer shall be fled with the Civil Service Board, and with the Chief position held by him, but employ- ees dismissed because of curtail- visions of this ordinance or of Chapter 48 of the Statutes of 1935, who filed such charges. The Civil Service Board shalt thereupon set ment of expenditures, reduction ir, force, and for like causes, shall be shall be permitted to hold office be said" matter for hearing not less than five nor more than ten days the last employee or employees, including temporary appolntees, or classified under the pro - visions hereof if he shall be in after the filing of the answer to that have been appointed to the receipt of a pension from any source whatever,including army, the charges. If the member who is charged by the Chief of his de- Fire Department or Police De- partment, as the case may be, un- navy, federal, state, county or mu - nicipal partment fails to file an answer til Such reductions necessary shall government, In. excess of X50.00 per month, and no person j within five says to the charges filed by the Chief of the depart- have been accomplished. Vacancies to be filled In the lowest re- shall be eligible for appointment or ment, the charges shall be deemed to be admitted, and the rank, sulting from such removal, shall be promotion who shall be In receipt of a pension from any source what - recommen- filled from the last employee or ever, Including army, navy, federal, •� 2 state, county or municipal govern- ment, In excess of $50.00 per month, 4 SECTION 18. ELIGIBILITY AF- FECTED BY BEING ENGAGED `Aftk IN .ANOTHER BUSINESS. No person shall :be classified under 3 the terms hereof or be promoted or be eligible to hold office if he,. at said time of classification, ap- pointment or holding of office, j shall be engaged in any business ` or businesses which shall take any i substantial part of his time or at- tention. ( SECTION 19. HIRING OF EXTRA MEN. The Chief of the Police Department or the Chief of the Fire Department, with the ap- proval and sanction of the City Council, may during an emergency y or during vacation periods, hire such extra men as may be needed to properly conduct said depart- ments, at a compensation to be. fixed by the City Council. These extra men may be selected from the eligible list at the option of the heads of said departments. However, no extra men shall be hired for a period 'in excess of one hundred fifty (150) days in any calendar year, and the hiring of extra men as herein provided for, shall not in any way mean, or be construed to mean, that said SECTION 23. ORGANIZATION OF A POLICE DEPARTMENT. There is hereby created a Police Department which shall consist of members holding rank in the fol- lowing order, to -wit: Chief of the Police Department, Assistant Chief, Captains, Lieutenants, Lieu- tenants of detectives, detectives, Sergeants, Patrolmen, Motorcycle officers, Secretary, Matron, and other employees as the City Coun- oil may, from time to time pre- scribe, as provided under Section 2 of Chapter 48, Statutes of. 1935. S E C T 10 N 24. QUALIFICA- TIONS OF THE POLICE DE. PARTMENT. Every appointee of the Police Department must have the same qualifications as set out In Section 16 of this Ordinance for appointees of the Fire Depart- ment, excepting the age limit, which shall be "ever appointee of the Police Department at the time of appointment shall not be less than twenty-one (21) years of age, nor more than thirty-six (36) years of age." SECTION 25. CHIEF OF THE POLICE DEPARTMENT. T h e Chief of the Police Department shall be appointed ,by the City Council from among -the member- ship of the Newport Beach Police Department and after appoint- ment shall be removed or reduced In rank at the pleasure of the City Council without ,charges be- ing filed and without clearing. The dismissal of the Chief of the Po- lice Department from office, ex- cept for cause, shall not'accom- plish his dismissal from the de- partment, and upon such dismissal he shall be restored to the rank and rade held by him prior to his appointment as Chief of the Po- lice Department, however, the present Chief shall be reduced to the rank of patrolman. SECTION 26, POWERS AND DUTIES OF THE CHIEF OF THE POLICE DEPARTMENT, T h c Chief of the Police Department Bhall, subject to the approval of the City Council, have control, management and direction of all members of the Police Department, and all buildings, apparatus, and equipment of such department, as may be necessary in the lawful exercise of the functions of his office. He shall have full power to detail any officer or member of the Police Department to such Z service as may be necessary, fie shall recommend to the Civil Service Board, members of the Police Department for demotion or dismissal, in accordance with Section 13 hereof, and also recom- mend to the City Council appli- cants for appointment or promo- tion from the list of eligibles fur- nished by the Civil Service, Board in accordance with Section 7 here- of. SECTION 27. VACANCIES IN THE POLICE DEPARTMENT Whenever a vacancy in the Po- lice Department, above the grade of patrolman and motorcycle offi- cer, occurs, the Chief of the Police Department may assign a member of the Department from the next lower rank to fill the vacancy until such time as the absent member shall return to duty, or the vacancy may be filled byap- pointment from the eligible list furnished by the Civil Service Board. The member so assigned shall, during his incumbency, re- ceive the salary attached to the grade or position thus temporarily filled. SECTION 28. EXTRA SERVICE. No officer or member of the Fire Department or police De- partment shall, without the con- sent of their respective Chief or . the City Council, accept any mon- ey, gratuity or compensation for any service he may render in line of duty as a member of that de- ' partment. SECTION 29. CONSTITUTION- ALITY. If any section, subsection, clause, or phrase of this ordinance is for any reason held to be unconstitu- tional, such decision shall not af- fect the validity of the remaining sections of this ordinance. SECTION 30. PRIOR ORDI- NANCES. Any provisions or clauses of the several ordinances of the city of Newport Beach in conflict here- with are hereby expressly repealed. SECTION 31. GENDER. Whenever in this ordinance the masculine gender is used it shall be deemed to include the feminine gender. SECTION 32. FALSE MARK- ING, GRADING, ETC., PROHIB- ITED. No person shall, by himself or In cooperation with one or more persons, cheat, deceive, or ob- struct any person in respect of his right of examination or regis- tration according to the rules and regulations of this ordinance, or falsely. mark, grade, estimate or .report upon the examination of proper standing of any person examined, registered or certified pursuant to the provisions of this ordinance, or aid in so doing, or make any false representations concerning the same, or concern- ing the person examined. SECTION 33. AMENDMENTS OF THIS ORDINANCE. The City Council may from, tint~ to time, by ordinance, add ' additional de- partment, appointive officers or employees of the city to the list originally designated in this ordi- nance creating a system of Civil Service. The City Council, how- ever, shall not have the authority or power to withdraw any depart- ment or departments, appointive officers or ,employees from the op- eration of the system created by this ordinance; unless and until the withdrawal thereof shall have heen submitted to the qualified electors of the city of Newport Beach at % special or regular municipal elec- tion held in said city, and shall have been approved by not less than a two-thirds vote of the elec- tors voting on such proposition. SECTION 34. VIOLATION. Any person who shall, violate any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by a fine of not less than One Hun- --dred Dollars ($100.00) or more than Three Hundred Dollars ($300.00) or by unprisonment in the City Jail of the city of New- port Beach or the County Jail of the County of Orange, for not long- er than three (3) .months, or by both such fine and. imprisonment. SECTION 35. PUBLISHING. This ordinance shall be pub- lished once in the NEWPORT- BALBOA PRESS, a newspaper printed, published and circulated In the city of Newport Beach, and shall take affect and he In force thirty (30) days after its passage. The foregoing Ordinance was submitted to a vote -of the voters of the City of Newport Beach at a regular municipal election of said city held on the 14th day of April, 1942; that a majority of the voters voting on said ordinance voted in its favor and said ordi- nance thereupon became a valid and binding ordinance of the city of Newport Beach; that on Tues- day the 21st day of April, 1942, the vote on said ordinance was duly declared by the canvassing board of the City of Newport Beach, to - wit, the. City Council thereof, and said ordinance thereupon was adopted and was so declared to have been adopted by the voters of the City of Newport Beach. ATTEST: FRANIc L. RINEHART, City Clerk. }, Published April 23, 1942 extra men or any of them, shail he under probation or that their employment shall be deemed tem- porary as. defined by Section 10 hereof. SECTION 20, CHIEF OF THE FIRE DEPARTMENT. The Chief of the' Fire Department shall be appointed by the City Council from among the membership of the Newport Beach Fire Department, N . b po e after a Intment shall e r- moved or reduced in rank at the pleasure of the City Council and - without charges being filed and without hearing. The dismissal of the Chief of the Fire Department' from office, except for cause, shall j not accomplish his dismissal from the department, and, upon sura dismissal he shall be restored to the rank and grade held by him prior to his appointment as .Chief of the Fire Department, however, the present Chief shall be reduced to the next lower rank below that of Assistant Chief. SECTION 21. POWERS AND DUTIES OF THE CHIEF OF THE FIRE DEPARTMENT. The Chief of the Fire Department shall, sub- ject to the approval of the City Council, have control, manage- ment and direction of all mem- bers of the Fire Department and all buildings, apparatus a n d equipment of such department as may be necessary in the lawful exercise of the functions of his office. He shall have full power to detail ` any officer or member of the Fire Department to sucn' public service as may be neces- sary. He shall recommend to the Civil Service Board, members of the Fire Department for demo- tion, or dismissal, in accordance with Section 13 hereof, and also ' recommend to the City Council, applicants for appointment or pro- motion from the list of eligibles furnished by the Civil Service Board in accordance with Section 7 hereof. SECTION 22, VACANCIES IN FIRE DEPARTMENT. When a vacancy arises in the Fire De- partment above the L gradeof hoseman or ladderman, the Chief of the Fire Department may as- sign a member of the department from the next lower rank to fill the _ vacancy until such time as the absent member shall return to duty or the vacancy may be filled by appointment from the eligible list furnished by the Civil Serv- Lee Board. The member so assigned shall, during his incumbency re- ceive the salary attached to the grade or position thus temporarily filled. SECTION 23. ORGANIZATION OF A POLICE DEPARTMENT. There is hereby created a Police Department which shall consist of members holding rank in the fol- lowing order, to -wit: Chief of the Police Department, Assistant Chief, Captains, Lieutenants, Lieu- tenants of detectives, detectives, Sergeants, Patrolmen, Motorcycle officers, Secretary, Matron, and other employees as the City Coun- oil may, from time to time pre- scribe, as provided under Section 2 of Chapter 48, Statutes of. 1935. S E C T 10 N 24. QUALIFICA- TIONS OF THE POLICE DE. PARTMENT. Every appointee of the Police Department must have the same qualifications as set out In Section 16 of this Ordinance for appointees of the Fire Depart- ment, excepting the age limit, which shall be "ever appointee of the Police Department at the time of appointment shall not be less than twenty-one (21) years of age, nor more than thirty-six (36) years of age." SECTION 25. CHIEF OF THE POLICE DEPARTMENT. T h e Chief of the Police Department shall be appointed ,by the City Council from among -the member- ship of the Newport Beach Police Department and after appoint- ment shall be removed or reduced In rank at the pleasure of the City Council without ,charges be- ing filed and without clearing. The dismissal of the Chief of the Po- lice Department from office, ex- cept for cause, shall not'accom- plish his dismissal from the de- partment, and upon such dismissal he shall be restored to the rank and rade held by him prior to his appointment as Chief of the Po- lice Department, however, the present Chief shall be reduced to the rank of patrolman. SECTION 26, POWERS AND DUTIES OF THE CHIEF OF THE POLICE DEPARTMENT, T h c Chief of the Police Department Bhall, subject to the approval of the City Council, have control, management and direction of all members of the Police Department, and all buildings, apparatus, and equipment of such department, as may be necessary in the lawful exercise of the functions of his office. He shall have full power to detail any officer or member of the Police Department to such Z service as may be necessary, fie shall recommend to the Civil Service Board, members of the Police Department for demotion or dismissal, in accordance with Section 13 hereof, and also recom- mend to the City Council appli- cants for appointment or promo- tion from the list of eligibles fur- nished by the Civil Service, Board in accordance with Section 7 here- of. SECTION 27. VACANCIES IN THE POLICE DEPARTMENT Whenever a vacancy in the Po- lice Department, above the grade of patrolman and motorcycle offi- cer, occurs, the Chief of the Police Department may assign a member of the Department from the next lower rank to fill the vacancy until such time as the absent member shall return to duty, or the vacancy may be filled byap- pointment from the eligible list furnished by the Civil Service Board. The member so assigned shall, during his incumbency, re- ceive the salary attached to the grade or position thus temporarily filled. SECTION 28. EXTRA SERVICE. No officer or member of the Fire Department or police De- partment shall, without the con- sent of their respective Chief or . the City Council, accept any mon- ey, gratuity or compensation for any service he may render in line of duty as a member of that de- ' partment. SECTION 29. CONSTITUTION- ALITY. If any section, subsection, clause, or phrase of this ordinance is for any reason held to be unconstitu- tional, such decision shall not af- fect the validity of the remaining sections of this ordinance. SECTION 30. PRIOR ORDI- NANCES. Any provisions or clauses of the several ordinances of the city of Newport Beach in conflict here- with are hereby expressly repealed. SECTION 31. GENDER. Whenever in this ordinance the masculine gender is used it shall be deemed to include the feminine gender. SECTION 32. FALSE MARK- ING, GRADING, ETC., PROHIB- ITED. No person shall, by himself or In cooperation with one or more persons, cheat, deceive, or ob- struct any person in respect of his right of examination or regis- tration according to the rules and regulations of this ordinance, or falsely. mark, grade, estimate or .report upon the examination of proper standing of any person examined, registered or certified pursuant to the provisions of this ordinance, or aid in so doing, or make any false representations concerning the same, or concern- ing the person examined. SECTION 33. AMENDMENTS OF THIS ORDINANCE. The City Council may from, tint~ to time, by ordinance, add ' additional de- partment, appointive officers or employees of the city to the list originally designated in this ordi- nance creating a system of Civil Service. The City Council, how- ever, shall not have the authority or power to withdraw any depart- ment or departments, appointive officers or ,employees from the op- eration of the system created by this ordinance; unless and until the withdrawal thereof shall have heen submitted to the qualified electors of the city of Newport Beach at % special or regular municipal elec- tion held in said city, and shall have been approved by not less than a two-thirds vote of the elec- tors voting on such proposition. SECTION 34. VIOLATION. Any person who shall, violate any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by a fine of not less than One Hun- --dred Dollars ($100.00) or more than Three Hundred Dollars ($300.00) or by unprisonment in the City Jail of the city of New- port Beach or the County Jail of the County of Orange, for not long- er than three (3) .months, or by both such fine and. imprisonment. SECTION 35. PUBLISHING. This ordinance shall be pub- lished once in the NEWPORT- BALBOA PRESS, a newspaper printed, published and circulated In the city of Newport Beach, and shall take affect and he In force thirty (30) days after its passage. The foregoing Ordinance was submitted to a vote -of the voters of the City of Newport Beach at a regular municipal election of said city held on the 14th day of April, 1942; that a majority of the voters voting on said ordinance voted in its favor and said ordi- nance thereupon became a valid and binding ordinance of the city of Newport Beach; that on Tues- day the 21st day of April, 1942, the vote on said ordinance was duly declared by the canvassing board of the City of Newport Beach, to - wit, the. City Council thereof, and said ordinance thereupon was adopted and was so declared to have been adopted by the voters of the City of Newport Beach. ATTEST: FRANIc L. RINEHART, City Clerk. }, Published April 23, 1942 CHARTER OF THE CITY OF NEWPORT BEACH Pagel of 2 Article V City Manager Section 500. City Manager. There shall be a City Manager appointed by the City Council who shall be the chief administrative officer of the City. In the selection of a City Manager the City Council shall screen all qualified applicants and other qualified persons known by the Council to be available. It shall appoint by a majority vote, the person that it believes to be best qualified on the basis of his executive and administrative qualifications, with special reference to his experience in, and his knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall serve at the pleasure of the City Council. Section 504. Residence. The City Manager need not be a resident of the City at the time of his appointment, but he shall establish his residence within the City within ninety days after his appointment, unless such period is extended by the City Council, and thereafter maintain his residence within the City during his tenure of office. Section 502. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council nor within one year after he has ceased to be a City Councilman. Section 503. Compensation and Bond. The City Manager shall be paid a salary commensurate with his responsibilities as chief administrative office of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond in such form and in such amount as may be determined by the City Council. Section 504. Powers and Duties. The City Manager shall be the head of the administrative branch of the City government. He shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: (a) Appoint, and he may suspend or remove, subject to the provisions of this Charter, all department heads and officers of the City except elective officers and those department heads and officers the power of whose appointment is vested by the Charter in the City Council, and approve or disapprove all proposed appointments and removals of subordinate employees by officers or department heads. (b) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding fiscal year. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. •(i) Perform such other duties consistent with this Charter as may be required of him by the City Council. Section 505. Meetings. The City Manager shall be accorded a seat at the City Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. http://www.codepublishing.con/CA/NewportBeach/htmVNewportBeachCH.htmi 03/10/2010 CHARTER OF THE CITY OF NEWPORT BEACH Pale 2 of 2 Section 506. Removal. The City Manager shall not be removed from office during or within a period of ninety days next isucceeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council. Section 507. Manager Pro Tempore. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. If he fails to make such appointment, the City Council may appoint an officer or department head to serve as such Manager Pro Tempore. 0 • hitp://www.codepublishing.com/CA/NewportBeach/htmUNewportBeachCH.html 03/10/2010 CHARTER OF THE CITY OF NEWPORT BEACH Page 1 of 3 VII Appointive Boards and Commissions Section 700. In General. There shall be the following named boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of this Charter. Section 701. Appropriations. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions. Section 702. Appointment. Terms. The members of each of such boards or commissions shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City Government. They shall be subject to removal by motion of the City Council adopted by at least four affirmative votes. The members thereof shall serve for a term of four years and until their respective successors are appointed and qualified. The members first appointed to such boards and commissions shall so classify themselves by lot that the term of one of each of their number shall expire each succeeding July first. Where the total number of the members of a board or commission to be appointed exceeds four, the >sificat by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one and not more than three shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. (As amended effective April 1, 1955) *Section 703. Existing Boards. The respective terms of office of all members of the boards and commissions in existence at the time this Charter takes effect shall terminate upon the effective date of this Charter. The present members of the boards and commissions which will continue in effect under this Charter shall be deemed reappointed to the respective boards and commissions of which they are members as first appointed members thereof under this Charter. Section 704. Meetings. Chairmen. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings at least once each month and such special meetings as such board or commission may require. All proceedings shall be open to the public. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. Section 705. Compensation. Vacancies. The members of boards and commissions shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. in addition, the City Council may by resolution fix an amount as reimbursement of other expenditures incurred by the members of boards and commissions While in the performance of their official duties. Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself from three consecutive regular meetings of such board or commission, unless by permission of such http://www.codepublishing.com/CA/NewporiBeacbfhtmi/NewportBeachCH.htmi 03/10/2410 CHARTER OF THE CITY OF NEWPORT BEACH Page 2 of 3 board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a registered elector of the City, his office shall become vacant and shall be so declared by the City Council. (As amended effective June 6, 1974) *Section 706. Planning Commission. Members. There shall be a Planning Commission consisting of seven members. (As amended by amendments effective on April 1, 1955, and April 28, 1966, and June 6, 1974) Section 707. Planning Commission. Powers and Duties. The Planning Commission shall have the power and be required to: (a) After a public hearing thereon, recommended to the City Council the adoption, amendment or repeal of a Master Plan, or any part thereof, for the physical development of the City. (b) Exercise such control over land subdivisions as is granted to it by ordinance not inconsistent with the provisions of this Charter. (c) Make recommendations to the City Council concerning proposed public works and for the clearance and rebuilding of blighted or substandard areas within the City. (d) Exercise such functions with respect to zoning and land use as may be prescribed by ordinance not inconsistent with the provisions this Charter. Section 708. Board of Library Trustees. Powers and Duties. There shall be a Board of Library Trustees consisting of five members which shall have the power and duty to: (a) Have charge of the administration of City libraries and make and enforce such by-laws, rules and regulations as may be necessary therefor. (b) Designate its own secretary. (c) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and City Manager. (d) Purchase and acquire books, journals, maps, publications and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the Librarian, who shall be the department head. (f) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the City Council. (g) Contract with schools, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the City Council. Section 709. Parks, Beaches and Recreation Commission. Powers and Duties. There shall be a Parks, Beaches and Recreation Commission consisting of seven members. The Parks, Beaches and Recreation Commission shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways and street trees. (b) Consider the annual budget for parks, beaches, recreation, parkways and street tree purposes during the process of its preparation and make recommendations with respect thereto to the City Council and the City Manager. (c) Assist in the planning of parks and recreation programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. (d) Establish policies for the acquisition, development and improvement of parks, beaches and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council. (e) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. (As amended by amendments effective April 28, 1966, and June 6, 1974) *Section 710. Civil Service Board. The Civil Service Board shall consist of five members, none of whom while a member of the board, or for a period of one year after he has ceased for any reason to be a member, shall occupy or be eligible for appointment to any salaried office or employment in the service of the City. http://www.codepublishing.com/CA/NewportBeachlhtmL[NewportBeachCH.html 03/10/2010 CHARTER OF THE CITY OF NEWPORT BEACH Page 3 of 3 The members of the Civil Service Board shall be nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed. Section 711. Civil Service Board. Powers and Duties. The Civil Service Board shall have the power and duty to: (a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of civil service rules and regulations. (b) Act in an advisory capacity to the City Council on problems concerning personnel administration. (c) Hear appeals of any person in the City employment relative to any suspension, demotion or dismissal and make findings and recommendations thereon. (d) Make any investigation concerning the administration of personnel in the municipal 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. (e) Perform such other duties as may be prescribed by ordinance. Section 712. City Arts Commission. There shall be a City Arts Commission with the number of members to be established by ordinance or resolution and it shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic and cultural aspects of the City. (b) Recommend to the City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts, performing arts, historical, aesthetic and cultural aspects of the community. (c) On behalf of the City, actively encourage programs for the cultural enrichment of the community. (d) Perform such other duties relating to the Arts as the City Council may require. (As added by amendment effective June 6, 1974, and November 3, 1992) • http://www.codepublishing.com/CA/NewportBe,ach/html/NewportBeachCH.htmi 03/10/2010 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. 5. Persons employed to render professional, scientific, technical or expert service. 5. 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. • http://www.codepublishing.com/CA/NewportBeacUhunUNewportBeachCH.hued 03/10/2010 L� u • 0 ORDINANCE NO. 866 AN ORDINANCE OF THE CITY OF NEWPORT BEACH RELAT- ING TO CIVIL SERVICE. The people of the City of New- port Beach do ordain as follows. SECTION 1. DEFINITIONS. The following terms, whenever used in this ordinance shall be construed as follows: "Acting appointment'. T h e temporary appointment of a per- son 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 this ordinance; 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 spe- cifications 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 this ordinance and the Newport Beach City Charter. "Candidate". An applicant who Is participating in the selection procedure for a class. "Certification". The act of noti- fying a department head of the candidates whose names appear on employment lists as set forth In Section 9(f) of this ordinance. "City." The City of Newport Beach. "City Charter". The City Char- ter of the City of Newport Beach. "City Council". The City Coun- cil of the City of Newport Beach. "Class". A group of positions sufficiently similar in duties, re- sponsibilities, a u t h o r i t y, and lli minimum qualifications for em- ployment to permit combining them under a common title and the equitable application of com- mon standards of selection and compensation. "Class Specifications". A writ- ten description of a class, setting forth factors and conditions which are essential characteris- tics of positions in the class. "Continuous service". The serv- ice without break or Interruption of an employee having a proba- tionary or regular appointment. "Copyrighted or standardized tests". W r i t t e n 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 an- other class which has a lower maximum rate of compensation. "Department head". An em- ployee who is the head of an established office or department. "Discharge". The termination of a regular employee pursuant to Section 14 of this ordinance. "Eligible". A person whose name appears on an employment list. "Employee". A person legally occupying a position. "Employment lists". As de- scribed in Section 9 of this or- dinance, a list of the names of candidates who are eligible for probationary appointments to positions in a particular class. "Entrance -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 posi- tions which either are specifical- ly excluded by the City Charter Y3 from the Civil Service System or which are not included in the system in accordance with Sec- tion 2 of this ordinance. "Layoff". As an economy meas. ure, the separation of an employ. ee because of lack of work or Iack of funds. "Open recruitment". A recruit. ment that is not restricted to City employees. "Original appointment". A per- son's first appointment as an em- ployee of the City of Newport Beach. "Permanent position". A posi- tion that is expected to exist in- definitely. Tosition". A combination of current duties and responsibili- ties assigned to a single employ- ee and performed on either a full-time or part-time basis. "Probationary status". The sta. tus 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 fitness for the duties of the position to which he has been assigned by actual performance of such duties. "Promotion". The advancement of an employee from a position in one class to a position in an. other class which has a higher maximum rate of compensation. "Promotional recrultment". A recruitment that is restricted to City employees. "Reallocation"- The reassign- ment of a single position in a class to a different class on the basis of a change in the duties and responsibilities of the posi- tion. "Reassignment". The change of an employee by a department head 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 em- ployee who has successfully com- pleted his probationary period in a position. -a% "Regular status". The status of an employee who has acgtSined a regular appointment. "Reinstatement". The re-em- ployment of a former employee. 'ReJection". T h e separation from the City service of an em- ployee who docs not successfully complete his probation period in a position and who does not have regular status in another posi- tion 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". An employee's voluntary separation. "Rules and Regulations". The Civil Service Rules and Regula- tions adopted pursuant to this ordinance. "Selection". The process of evaluating the qualifications of candidates through one or more techniques. "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 this ordinance and the New- port Beach City Charter and in- cluding only those positions to which the provisions of this or. dinance apply. "Temporary position". A posf- tion of limited duration. 'Transfer". A change of an em- ployee from one position to an- other position in the same class or in another class having the same maximum salary rate, in. volving the performance of basic- ally simiIar 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 2. ESTABI.ISHI4Il;ft'I' OR CIVIL SERVICE SYSTEM. Pursuant to Article VIII of the City Charter, all full-time, regu- lar, and permanent positions and 19 ,' .7 • P_j 0 • • employment in the Police and Fire Departments are included In the System. except those posi- tions excluded by Section 802 of the City Charter. The City Coun• ell by ordinance may include In the System positions in other de- partments. SECTION 3. PURPOSE OF SYS'T'EM. The purpose of the System is to establish an equitable and uni. form procedure for dealing with personnel matters; to attract to the City service the most compe- tent persons available; to assure that the appointment and promo- tion of employees will be based on merit and fitness; and to pro- vide reasonable security for em- ployees. SECTION 4. CREATION OF A CIVIL SERVICE BOARD. 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, pro- fession or occupation and known to support civil service principles in the public service. SECTION S. RESPONSIBILI- 71ES AND AUTiiORITY OF BOARD. The functions of the Board shall be: (a) Meetings. To determine the order of business for the con- duct 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 Coun- ell, after approval by the City Attorney and after a public hearing thereon, the adoption, amendment, or repeal of Rules and Regulatlons to Implement the provisions of this ordinance. After adoption by motion of the City Council, such Rules and (9) Regulations shall have the force and effect of law. (c) Appeals. To receive and hear appeals submitted by any person or any applicant or can- didate for a position in the City employment relative to original appointment, promotion, dWnis- sal, demotion, suspension and other disciplinary actions; the al- leged violation of this ordinance or the Rules and Regulations; and to certify its findings and recommendations as provided in this Ordinance. (d) Advisory role. To act in an advisory capacity to the City Council on personnel administra- tion in the City service. (e) Recruitment and selec- tion. Subject to the provisions of this ordinance and the Rules and Regulations, to establish pol- icies and approve procedures for the recrultment and selection of Civil Service personnel, includ- ing, but not limited to, the post- ing of recruitment notices, the preparation and scoring of ex- aminations, and the establish- ment and certification of em- ployment lists. (f) Investigations. To 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 organ- ized City employees' association. In any investigation or hear- ing it conducts the Board shall have the authority to examine witnesses under oath and to com- pel their attendance or the pro- duction of evidence before It by subpoenas issued In the name of the City and attested by the City Cleric It shall be the duty of the Police Chief to cause all such subpoenas to be served, and re- fusal of a person to attend or to testify in answer to such sub. poenas shall subject said person to prosecution In the same man- ner 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. 1�5 SECTION 6. RESPONSIBILI- TIES AND AUTHORITY OF CITY MANAGER. The City Manager shall be re- sponsible' for the following: (a) Rules and Regulations. Preparation of amendments to the Rules and Regulatlons for recommendation to the Board. The City Attorney shall approve the legality of such amendments prior to their submission by the Board to the City Council for its approval. Rules and Regulations shall be adopted by motion of the City Council. (b) Class Specifications. Sub- ject to approval by the Board, the preparation and revision of class specifications for positions in- cluded in the System. (c) Personnel procedures. Ad- ministration of Board policies and procedures within the frame- work of- this ordinance and the Rules and Regulations, Includ- ing: L Public announcement of vacancies and examinations and the review of applications for employment 2. Preparation and conduct of examinations and the establish- ment and use of employment lists. 3. Certification and appoint- ment of eligibles. 4. Evaluation of employees during probation periods and periodically thereafter. S. Appointment, transfer, pro- motion. demotion, rejection, lay- off, dismissal and re -instatement of employees. 6. Allocation of positions to classes on the basis of duties, responsibilities a n d minimum qualifications. T. Maintenance and use of personneI records. 8. Maintenance of effective communications b e t w e e n em- ployees and their supervisors, between employees and the City Manager; and between employ- ees and the Board relative to con- ditions of employment, SECTION 7. APPOINTMENTS. (a) General policy. Appoint- ments shall be based on merit and fitness to be ascertained so f!1 far as practicable by competitive examination. Appointments shall be made from employment lists by the department head on ap- proval of the City Manager. (b) Employment lists. Subject to the provisions of this ordi- nance with respect to re-employ- ment lists and the selection of the Police and Fire Chiefs, when an appointment is to be made the names of the highest three eligibles willing to accept ap- pointment shall be certified to the department head in the order in which they appear on the ap- propriate employment list and the appointment shall be Iimited 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 examina- tion or the establishment of any employment list for service ren- dered under an acting appoint- ment (d) Temporary positions. Ap- pointments to temporary posi- tions need not be made from em- ployment lists. (e) Appointment during sus- pension. During the period of suspension of a regular employee from a position or pending final action on proceedings to review the suspension, demotion, or dis- missal of a regular employee, the position may be filled only by an acting appointment. (f) Transfers. With the ap- proval 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 privi• leges of an employee under this ordinance. (g) Reinstatements. Provisions governing the reinstatement of a former employee shall be provid- ed in the Rules_ and Regulations. SECTION 8. RECRUITMENT AND SEL CTION. (a) Recruitment. Recruitment shall be specified by the Board as promotional or as open. Inso- far as practicable and consistent with the best Interests of the City 19� 0 C7 • • 0 • i service, all vacancies shall be filled by promotion. (b) Selection. L The scope of an examina- tion 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 apprais- al of education and experience; and any test of manual skills or physical fitness which fairly evaluates the candidates. 2 A probation period as es- tablished in the Rules and Reg- ulations shall apply to all ap- pointments to positions Included In the System except acting ap- pointments. Successive proba- tion periods in a position shall not be allowed. In the event of promotion to a position in a high- er class and at any time within his probation period in that posi- tion, an employee may be re- jected by the department head and reduced to the position he occupied prior to such promotion without right of appeal to the Board, provided he had acquired regular status In such former position. If the employee had not acquired regular status in the System prior to such promotion, he may be discharged without right of appeal to the Board. SEC'T'ION $. EMPLOYMENT LISTS. (a) Priorities. Priority for con- sideration for employment shall be given to employment lists In the following order: re-employ- ment lists, promotional employ- ment lists, and open employment lists. (b) Re-employment lists. The re-employment list for a class shall consist of the names of the following: (1) Layoff. Regular employ- ees who have been laid off for Iack of work or lack of funds. (2) Position reallocation. Reg- ular 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 Iay. !g% off or position reallocation. The order of layoff or position real- location shall be on the basis of Inverse employee seniority in the class. (c) Promotional employment lists. Promotional employment lists shall consist of the Warnes of City employees who have been successful in a promotional re- cruitment and eramination. (d) Open employment l i s t s. Open employment Iists shall con- sist of the names of all candi- dates who have been sucoessdul In an open recruitment and ex- amination. (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 pro- motional or open employment list from which the original ap- pointment was made and in the same order as when the original appointment was made. W Certification. Certification shall be made In conformance with the following provisions: L If a re-employment list ex- ists for the class, the highest name on such list shall be cer- tified for each vacancy to be filled. Names on promotional or open employment lists shall not be certified If a re-employment Iist for the class exists. 2. Except for acting appoint- ments, no person may be ap- pointed or transferred to any po- sition in the System unless he possesses the minimum quallfl- cations set forth In the class specifications for that position. (g) Duration of employment lists. The duration of employ- ment lists shall be as prescribed in the Rules and Regulations. SECTION 10. SELXCTION OF POLICE AND FIRE Cf EFS. (a) Intent. It is the intent of this section that vacancies in the positions of Police Chief and Fire Chief be filled by the best quali. fied persons available as deter- mined by competitive examina- tion. Qualifications being sub- stantially equal, preference shall be given to candidates In the Newport Beach Fire and Police I" 1 Departments who qualify under the selection process herein de. scribed. This section shall not be con• strued to Include the positions of Police Chief and Fire Chief in the System. (b) Selection process. The se• lection 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 cre- ated as a result of an examina- tion 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 sha11 be 70 percent. The written test shall be pre- pared by a professlonal person. nel agency designated by the City Manager with the approval of the Civil Service Board. T h e qualifications appraisal board which interviews candi- dates successful on the written test shall consist of the follow- ing: (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 popu- lations comparable to Newport Beach. (3) One person selected by the City Manager. The scope of the written test and the factors to be rated by the qualifications a p p r a i s a l board shall be jointly established by the City Manager and the Board. In order to be eligible to com- pete in the selection process for Police Chief or Me Chief, all candidates must possess the rain• imum qualifications set forth in the class spectheations. Such class specifications shall be pre- pared by the City Manager with the approval of the Board. SECTION IL EXAMINATION ANNOUNCEMEMS. Examirta• tion announcements shall be pasted not less than two weeks f61 prior to the final date for sub- rnitting applications. Such post- ing shall be in a conspicuous place at the City Hall, at the of - face of the appropriate depart• went, and at such other places as the Board deems appropriate. SECTION M INSPECI-ION OF EXAMMA77ON PAPERS. (a) In general. The examina- tion papers of candidates are not subject to inspection by the pub- lic. 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 copy- righted or standardized tests. On copyrighted or standardized tests the candidate may review the ac- curacy of scoring and computa- tions by comparing his answer sheet with the key answer sheet. The written comments of a quali- fications appraisal board and the written evaluation of a psy- chiatrist, if any, shall not be reviewed by the candidate; on request of the candidate, his rat - Ing by the qualifications apprais- al board shall be summarized for his information. (b) Itevie%v procedure. If the candidate believes an error has been made in the grading of his examination or in the credit giv- en to him' he may within twelve days after the mailing of exam- ination results make written ap- plication to the Board for a re- view; provided, however, that in such application he must state specificaIIy and p a r t I c u I a rl y wherein he believes an error has been made. Upon receipt of such applica- tion and in no case later than its next regular meeting, the Board shall examine the candi- date's papers and grades. Any er- ror or injustice shall be correct- ed, 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. • • I-] .7 • SECTION 13. EMPLOYMMT CONDITIONS. (a) Applications. The Board shall have the right to require all applicants to submit applica- tion.% agreements, or statements pertinent to their employment (b) Exempt positions. Where there Is no actual break in con- tinuous service, an employee having probationary or regular status in a position in the Sys- tem who is appointed to an ex• empt position shall retain such status in the Civil Service posi- tion, Upon vacating the exempt position, the employee shall on his request be restored to his former status in the position un- less the reason for such vacating is sufficient grounds for dis- charge from the City service as described in this ordinance. This provision shall not apply to an employee who resigns from a position in the System and, without a break in his continu- ous service with the City, is ap- pointed to an exempt position. SECTION 14. EMPLOYEE AP. PEALS. The Board shall con- vene in regular or special meet- ings for the purpose of reviewing appeals of regular employees as follows: Any regular employee in the System who has been sus- pended, demoted, or discharged may, within a period of five days after such action, request of the department head a written state- ment of the reasons for such ac- tion. The department head shall furnish such statement within five days thereafter. The employ- ee may, within ten days there- after, file a written answer to such reasons 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. SEC11ON 15. DEMOTION, SUSPENSION AND DISCHARGE. Employees in the System may be demoted, suspended, or dis• charged only on the following grounds: Incompetency; ineffici ency; dishonesty; misconduct; Insubordination-, or failure to ob- rv� serve departmental or City rules and regulations. SECTION 16. HEARINGS. (a) In general. Board hear- ings need not be conducted ac- cording to technical rules relat- ing to evidence and witnesses. (b) Right of counsel. The em- ployee may be represented by counsel and shall have the right to produce witnesses to testify in his behalf. The Board shall is- sue subpoenas and compel the attendance of all witnesses. (c) Modification of department head'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 un- reasonable, capricious or arbi- trary in view of the offense, the circumstances surrounding the offense, and the past record of the employee. (d) Reimbursement for loss of pay. An employee shall be re- imbursed for a loss of pay aris- ing from a disciplinary action against him to the extent that it is subsequently revoked or modi- fied by the Board. Reimburse- ment shall be confined to the Period of time between the date of such disciplinary action and the date of the Board's final de- cision as set forth in Section 16 (e) hereafter. (e) F-indings. 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. 71fe Board's decision shall be final. SECTION 17. POL177CAL AC- TIVITIES. (a) Political activities prohib- ited. 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 o1 any kind III favoring or opposing any candi. date for election or nomination to a County of Orange or City office. (b) Activities not affected. This ordinance 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 meet. Ing. 3. Enjoying complete freedom from interference of any kind in casting his vote. 4 Seeking or accepting elec- tion or appointment to a public office while on Ieave of absence. S. Seeking signatures to any Initiative or referendum petition directly affecting his rates of compensation, hours of work, re. tirement; or other conditions of employment , (l. Distributing badges, pam. phlets'dodgers or handbills, or other activities in connection with such petition it not carried on during his hours of work or when he is dressed in the uni. form required In his City depart- ment. SECTION 18. STATUS OF PRESENT EMPLOYEES. A n y employee who, prior to the ef- fective date of this ordinance, at- tained probationary or regular status in the System shall retain such status. Employees in per- manent positions in the Police and Fire Departments on such date who 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 Sys- tem. SECTION 19. SEVERABILITY. If any provision of this ordinance is for any reason held to be un- constitutionaI, such decision shall not affect the validity of the remaining provisions. .n. SEC77ON 20. CONFLICTING LEGISLATION. (a) Conflicts with City Charter. In the event of any conflict be- tween this ordinance and the City Charter, the provisions of the City Charter shall prevail (b) Conflicting ordinances. Or- dinance No. 511 is hereby re- pealed. SECTION 21. CODIFICATION AMENDMENT. This ordinance 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 there- on at any general or special mu- nicipal election. A majority of two-thirds of the electors voting thereon is necessary for the ap- proval of any amendment or re- peal that withdraws any depart- ment, officer or employee from the System. SECTION 22 PENALTY FOR VIOLATION. Any person who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the New- port Beach Municipal Code for violations of said code. SECTION 23. EFFECTIVE DATE. This ordinance shall be effective ten days after the can- vassing board determines that it was adopted by a majority vote of the electors voting thereon at the special municipal election called for November 4, 1958." The Canvassing Board deter- mined, by adoption of a Resolu- tion on Nov. 19, 1958, that this Ordinance was adopted by a ma- jority vote of the electors voting thereon on Nov. 4, 1958. Ordi- nance No. 866 will become effec. tive Nov. 29,19% Dated Nov. 24, 1958. Margery Schrouder, City Clerk City of Newport Beach, Calif • • • •�x+n°� M °y; 0101'101' o i1MEVER u°'Fa•,� ,�agmaoaQ N3NIIONnoo :1N3SGY ,... .._---------- ..-N3Nl10Nf100 .S30N --...... ....... _ ... _ .._ ..... .... , r._.._W ..�.... _..... ..... N3YVl10Nf10� =S3Ad -a{on 6urMo11o} oq f Aq �... ---------- •a fawo ui a4R5 uo Haag 'Buzaon _ a+1+..L _94� 4WIQ3_ L" -�qS -p- aut �eln6 . e .}a ��uin #v3 '4 � M O' _ }�auaa03 I' 998 N 810108Ta.0142.30 alon l4T20rEm V Aq pa:idops fju�o6aro} ay+ 4;?41 A414.1 Agaioq opviujopjl?R) li{.-)vaq POdMON }a A4?0 ay} }o VOID 40 ._w._..........__........... R{ )or HOY38 140VA3N d0 A110 3SNY'd0 �O AZNf10o VIN2in311d0 30 31YI,S Chapter 2.24 CIVIL SERVICE SYSTEM* U Chapter 2.24 CIVIL SERVICE SYSTEM* Sections: 2.24.010 Definitions. 2.24.02Q Inclusion in System. 2.24,030 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__0.70 Appointments. 2.24.080 Recruitment and Selection. 2.24.090 Employment Lists. 2.24.180 Selection of Fire and Police Chiefs. 2.24._11Q Examination Announcements. 2,24,120 Inspection of Examination Papers, 2 24.130 Conditions for Employment. 2.24. AQ Employee Appeals. 2 --?4j50 Grounds for Demotion, Suspension or Discharge. 2.24.160 Board Hearings. 2.24.170 Political Activities. 2,24.1$0 Status of Prior Employees. 2.24:100 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 http:llwww.codepublishing.com/CAINewportBeachlhtmVNewportBeachO2lNewportBeachO224.html 03/10/2010 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 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. 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 Gass. 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 ?.?4.0?Q. Layoff. The term "layoff" shall mean, as an economy measure, the separation of an employee because of lack of work or lack of funds. Open Recruitment. The term "open recruitment" shall mean a recruitment that is not restricted to City employees. Original Appointment. The term "original appointment" shall mean a person's first appointment as an employee of the City of Newport Beach. Permanent Position. The term "permanent position" shall mean a position that is expected to exist indefinitely. Position. The term "position" shall mean a combination of current duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis. Probationary Status. The term "probationary status" shall mean the status of a person who has acquired a probationary appointment. Probation Period. The term "probation period" shall mean a working test period that is part of the selection process and during which an employee is required to demonstrate his fitness for the duties of the position to which he has been assigned by actual performance of such duties. Promotion. The term "promotion" shall mean the advancement of an employee from a position in one Gass 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. coni/CAINewportBeach/htmIlNewportBeach02lNewportBeach0224.htmI 03/10/2010 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. 0 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 As 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 subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoenas shall subject said person to prosecution in the same manner set forth by law for failure to appear before the City Council. Each member of the Board shall have the power to administer oaths to witnesses. (Ord. 866 § 5: November 24, 1958) http://www.codepublishing.com/CA/NewportBeach/htmllNewportBeachO2lNewportBeachO224.html 03/10/2010 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 to the Board. The City Attorney shall approve the legality of such amendments prior to their submission by the Board to the City Council for its approval. Rules and regulations shall be adopted by motion of the City Council. B. Class Specifications. 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 willing to 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.comICAINewpor(Beach/htmIlNewportBeach02/NewportBeach0224.htrnl 03/10/2010 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) 02.24.090 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) 02.24.100 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 09oard. (Ord. 866 § 10; November 24, 1958) 2.24.110 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.codepublishing.com/CA/NewportBeachlhtmUNewportBeachO2lNewportBeachO224.htm1 03/10/2010 Chapter 2.24 CIVIL SERVICE SYSTEM* Page 6 of 7 department, and at such other places as the Board deems appropriate. (Ord. 866 § 11; November 24, 1958) 0 2.244.120 Inspection of Examination Papers. A. In General. The examination papers of candidates are not subject to inspection by the public. Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect his own examination papers, including the questions and his answers, excepting copyrighted or standardized tests. On copyrighted or standardized tests the candidate may review the accuracy of scoring and computations by comparing his answer sheet with the key answer sheet. The written comments of a qualifications appraisal board and the written evaluation of a psychiatrist, if any, shall not be reviewed by the candidate. On request of the candidate, his rating by the qualifications appraisal board shall be summarized for his information. B. Review Procedure. If the candidate believes an error has been made in the grading of his examination or in the credit given to him, he may, within twelve days after the mailing of examination results, make written application to the Board for a review; provided, however, that in such application he must state specifically and particularly wherein he believes an error has been made. 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 grounds for discharge from the City service as described in this chapter. This provision shall not apply to an employee who resigns from a position in the system and, without a break in his continuous service with the City, is appointed to an exempt position. (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 following 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.cornICAINewportBeachlhtml/NewportBeachO2lNewportBeach0224.htm1 03/10/2010 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 as set forth in Section 2.24_10. 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 01who 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 Ordinance 2010-01, passed February 9, 2010. Disdaimer: The City Clerk's Office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. • City website: http://www.newportbeachca.gov/ City Telephone: (949) 644-3005 Code Publishing Company http://www.codepublishing.com/CA/NewportBeach/htmIlNewportBeachO2lNewt)ortBeach0224.htmi 03/10/2010 Service Board Rules &Regulations Newport Beach Civil Service Board Rules & Regulations April 2008 SECTIONI 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 SECTION V CIVIL SERVICE BOARD ........................ ... 5 580. Creation.............................................................................................................................................. 5 501. Responsibilities and Authority........................................................................................................5 501.1 Meetings.............................................................................................................................. 5 501.1.1 Types of Meetings ........................................ ......................... ........ ................ ...... .. 5 • 501.1.2 Quorum ..... ................ ................................................ .......................... ..........5 501.1.3 Notice.....................................................................................................................5 501.1.4 Agenda ............. ....................... ........................ ......... ........ ................. .......- ....... ........ 5 501.2 Recruitment, Examination and Selection............................................................................6 501.2.1 Recruitment..............................................................................................................6 5012.2 Examination.............................................................................................................6 501.2.3 Selection.,... .... ....................................................................... 501.2.3.1 Employment Lists.......................................................................... 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 .............. ................................................ .... .... ........................ 15 501.3.2 Appeals...................................................................................................................15 501.3.3 Hearings.............................................................................................................................15 501.4 Investigations.......................................................................... ....16 501.5 Advisory Role......................................................................................................................16 501.6 Rules and Regulations...... ................. -- ....... ............. .. . ....... ....... .............. .................... 16 Newport Beach Civil Service Board Rules & Regulations April 2008 • SECTION VI CITY MANAGER..................................................................................17 600. Responsibilities and Authority ......................................................................................................17 600.1 Rules and Regulations..........................................................................................................17 600.2 Class Specifications..............................................................................................................17 600.3 Personnel Procedures....... ............................................ ......................................... ............. 17 SECTION VII SELECTION OF POLICE AND FIRE CHIEFS.....................................17 700. Intent.................................................................................................................................................17 701. Selection Process...........................................................................................................................17 SECTION VIII REPEAL................................................................................................18 SECTION IX SEVERABILITY....................................................................................18 9 r� U Newport Beach Civil Service Board Rules & Regulations April 2008 SECTION I 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: Acting 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 Gass 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 Gass. 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 for a 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. city 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 equitaWe 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. Continuous Service The service without break or interruption of an employee having a probationary or regular appointment. Newport Beach Civil Service Board Rules & Regulations April 2008 • Cgo2yriohted 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 Gass 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 worts 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. Position A combination of current duties and responsibilities assigned to a singte 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. Newport Beach Civil Service Board Rules & Regulations April 2008 Probation Period 0 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 a position in another class which has a higher maximum rate of compensation. Promotional Recruitment A recruitment that is restricted to City employees. Qualifications Appraisal 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 Gass. Regular Employee An employee who has successfully completed his/her probationary period in a position. Regular Status 0 The status of an employee who has acquired a reguiar appointment. Reinstatement The reemployment of a former employee. Resection 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. Selector The process of evaluating the qualifications of candidates through one or more techniques. 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 induding only those positions to which the provisions of Ordinance No. 866 apply. Newport Beach Civil Service Board Rules & Regulations April 2008 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 Gass 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 VIII of the City Charter. 4011 �P sitions 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. 0 Newport Beach Civil Service Board Rules & Regulations April 2008 SECTION V CIVIL SERVICE BOARD 500. Crgation 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 necessary on 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 Nonce 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. 9 Newport Beach Civil Service Board Rules & Regulations Apn1 2008 0 501.2 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. Reiection 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 Nall, 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 Gass 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 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 t. 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 ski44s 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) Psycholoclical 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. t) Written tests Upon request made within seven days after the notices of the examination results have been 7 Newport Beach Civil Service Board Rules & Regulations April 2008 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 histher 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 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. (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. 2) Failure of the candidate to appear as scheduled for any phase of the selection procedure. 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. Newport Beach Civil Service Board Rules & Regulations April 2008 501.2.3 Selection 501 2.3.1 Em2loyment 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 Inst for a Gass shall consist of the names of the following: (a) Regular Employees 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 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. 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: 10 9 Newport Beach Civil Service Board Rules & Regulations April 2008 (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 Nantes A candidate's name shall be removed from a promotional employment list for any of the following reasons: (a) Termination of his/her City employment. (b) If requested by the candidate. (c) It the candidate declines an offer of appointment to three (3) different vacancies. (d) 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 Of Newport Beach Civil Service Board Rules & Regulations April 2008 D. Oen Employment Lists 0 Defined Open employment lists shall consist of the names of all candidates who have been successful in an open recruitment and examination. 2. Expiration An open employment list shall expire one year after the date of the employment list or if the Inst 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. 3. Removal of Names A candidate's name shall be removed from an open employment list for any of the following reasons - (a) if the candidate fails to appear as scheduled for an interview with the Department Director in response to a written request to do so. (b) Failure of the candidate to reply within seven (7) 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) If the candidate declines an offer of appointment to a currently existing vacancy. E. Notification and Appeal of Removal 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. 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 11 Newport Beach Civil Service Board Rules & Regulations April 2008 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 fist, an appointment may be made from such list before the Board acts on the appeal. (c) Reiection 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. Authoritv 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 Emplovment Lists Subject to the provisions of Ordinance No. 865 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 0 certified to the Department Director. 12 Newport Beach Civil Service Board Rules & Regulations April 2008 501.2.3.2 OtherAppointments and Personnel Actions • A. Actino Appointments 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 0 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. 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. 0 13 Newport Beach Civil Service Board Rules & Regulations April 2008 1. There must be vacant position in the Gass 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 23.3 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 0 he/she has been assigned by actual performance of such dunes. B. Application A probation period shall apply to all appointments to positions included in the System except acting appointments. C. Length The normal length of a probation period shall be twelve (12) months. On written recommendation 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. Reiection During Probation 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 histher probation period in that 10 position, an employee may be rejected by the Department Director and reduced to such position 14 Newport Beach Civil Service Board Rules & Regulations April 2008 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. 541.3.1 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 schedule a hearing. The hearing shall be a closed hearing at the request of the employee. 541.3.3 Hearings A_ In General The Board hearings need not be conducted according to technical rules relating to evidence and witnesses. B. Ri(iht 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. Newport Beach Civil Service Board Rules & Regulations April 2008 C. Modification of Department Director's Action The Board may modify or revoke a disciplinary action only on the following grounds: 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 4 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. E. Findings 0 501.4 Investigations • 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. 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 Adviso[y 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. 16 Newport Beach Civil Service Board Rules & Regulations April 2008 SECTION VI CITY MANAGER 600. Respon§ibilfties 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. 00.2 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. 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 17 Newport Beach Civil Service Board Rules & Regulations April 2008 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 , ollowing: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. p. 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. 18 • 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 FROM: David R. Hunt, City Attorney ext. 3131, dhunt NewportBeachCA.gov Terri Cassidy, Human Resources Director Ext. 3300, tcassidy(a)NewportBeachCA.gQvv 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 K 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 Citys 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 proce=ss 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 VIII 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 868 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: • 1961: federal Fair Labor Standards Act, governing terms of compensation and some working conditions, applied to cities; 1961: Meyers-Milias-Brown Act (Government Code secfion 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; • 1979: 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); • 1980: California Fair Employment and Housing Act (Government Code section 92900 et. seq.) enacted providing a state basis to address invidious discrimination in employment: and • 2007: f=irefighter Procedural Bill of Rights (Govemment Code section 3250 et. seq.) enacted giving firefighters similar procedural rights as peace officers. 3. Interfacing 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 Resolufion 2001-100 on ' Ordinance No. 866 is codified in the City's Municipal Code in Chapter 2.24, section 2.24.010 eL seq. All further citations to the ordinance shall be to its codilied version. Chapter 2.24, the Chapter of the Municipal Code addressing the Civil Service System can only be amended by a vo!e of the people. (Newpo.,t 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 (Secjon 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 Fre, 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 teens 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; Y Modifying the System to limit its role to that of essentially an appellate body on personnel issues; or 7 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 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 "13" 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 looked 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: Submitted By: OFFICE OF THE CITY ATTORNEY HUMAN RESOURCES DEPARTMENT r ` By By David R. Hunt, Teri 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 IA09-005031— CiO Servcs System Review-- 9.4.2010 Meeting • • • ATTACHMENT "A" CSB January 4, 2010 Staff-Repori - Bruce Praet's Report 0 • LAW OFFICes FE$c}rxso_*r. F$ -Ax & SEm$_,4_arr A PAOFCSSIONAI COPTOATION 1631 CAST tOTM STRC[T SANTA ANA. CALIFORNIA D2705-7101 TCLCPFIoNe (7141 953-5300 rAX b14) 953-1143 December 16, 2009 "Perri L. Cassidy, J.D. Director of Human Resources 3300 Newport Blvd., BIdg. B NTewportBeach, CA 92663-3884 Re: Review of City-wide System and Rules 0 Dear Tem: p C I 'T DC 2 1 209 v 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 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 straightforward personnel matters, it is often healthy to undertake a system -wide review which may result in small or even major changes. Thus, 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. iUthoubh 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 en_lorcement 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 fop priority and anticipates Terri L. Cassidy, JD 40 Re: Rules Review December 16, 2049 Pagc 2 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 montbs 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 arc 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 l have identified, I will attempt to divide my observations and recommendations into subject matter groups: The Disci linam Process [NOTE: It is anticipated that all issues identified ►pithin NBPD Policy will be remedied with the adoption of Lexipol.) IVDPD Policy 3/740 - the current version of this policy only provides for a so called Skelly hearing if discipline in excess of 27 homy 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 NIBPD policy sums to be the only place where this pre - disciplinary 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 Shelly 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 Ll 0 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. 7n the same section, it indicates that the Board will "investigate" the matter and then schedule a hearing. Recommenda6ojr 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 ter. (10) days after imposition of disciphne 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 cou ict, 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 (1))(2) also erroneously states that promoted employees may be reduced in rank without any right to appeal. s Terri L_ Cassidy, JD Re: Rules Review December I6, 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: Xf 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 !o 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 (1979) 98 CaUpp.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 Iaid 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 is both the new MOU and the existing CSR Rule. NBPD Policy 31770.01; - 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 tufo ongoing problems (not unique to Ntewport.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, 2049 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. 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. • NBMC 2.24.130(B) - 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 when promoted 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 700 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 grarnmat:caliy create a rather long sentence, this impact could probably be aclueved by simply combinWu 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 9 3302(a) prohibits restricting peace officers from engaging in off duty political activities. Recommendation: As with so many outdated provisions, this municipal code section simply needs to be updated by Iimiting only those political activities in which an employee is either using or representing the City in an official capacity. Overall Recommendation Reiardiniz 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 Terri L. Cassidy, JD Re: Rules Review December 16, 2409 Page d 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 insetted 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 niore efficient and less controversial if its function (e.g. Rule 801, et seq.) was modified to a limited and exclusive role as a disciplinary appeaI board with no role in the selection process. Given that the City bas 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 Chie> 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 bearing) 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. 40 • Terri L. Cassidy, JD Re: Rules Review December 15, 2009 Noe 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 21010 mirrors this language by reference. However, NBlv1C 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 21025.05, in conjunction with 21025.015, 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 Iegal obligations of the City Manager when the City Manager selects the Chief pursuant to 2.24.100 (c) and Civil Service Rule 701. Recommendation: 1AUle 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 wvithin 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 XI, §5 (b) grants charter cities with the authority to establish police departments. While the City 14 ger (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 iramunity) 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.4rh 983J However, this "adoption" requirement of I7004.7 is most recently becoming the basis for attempting to undermine the immunity and many plaintiffs attorneys are now diCbing 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 alt 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 Nvill Wways answer to the City Manager. As with every other aspect of this analysis, it ,trill 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 Pace S 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 vrrith 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. Pract Attorney at Law BDP/es • C7 ATTACHMENT "B" CSB January 4, 2010 Staff Report City Council Staff Report dated December S, 2009 • 0 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 December 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney ext. 3131, dhunt@neKM beachca.Qov Dave Kiff, City Manager ext. 3000, dkifi(d)newr)ortbeachca.gov SUBJECT: Resolution 2008-_, Adoption of Charter update Commission ISSUE: Does Council wish to create a commission to consider possible' updates to the City Charter and to City Ordinances that have been adopted by initiative measure so that update measures can be placed on the November of 2010 bailot? is RECOMMENDATION: Per direction provided at the November 24, 2009, study session, staff recommends the Council confirms the number of individuals if wishes to have on the Commission; confums and appoints the Councllmembers to the subcommittee who review applications for reconunendcd appointment to the Commission; and adopts the resolution as presented creating and instructing the Commission. DISCUSSION!: The Council considered the appointment of a Charier Update Commission at its November 24, 2009 Study Session. We attach a copy of that staff= report for your ease of 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 resoiution for your review and approval. We believe we had direction from the November 24, 2009. Study Session, but there was no formal action taken by the Council. We need confirmation of the following: • The number of members on the Commission, which we set at seven based upon discussions or Council; • Appointment of the subcommittee for reviewing and recommending appointment to the Commission; and Considerat'son o` Creation of a CharteF Update Commission December 8, 2009 Page 2 • Diretfinq the work program of the Commission. We understand the Council directed us to have a focused wor4k 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 Revi w Addressing procedural issues within city government is not a project as defined in the California Environmental Quality Act (CEQA) )mplementing Guidelines. Public Notice Notice has been given consistent with the Ralph M. Brown Act. No other public notice is required by this item. CONCLUSION We recommend that you adopt the resolution either as drafted or as you provide further direction. Altematively, you can choose not to proceed or to modify the work program or resolution in anyway you choose. 0 Prepared and Submitted by: Submitted By. OFFICE OF THE CITY ATTORNEY CITY MANAGER'S OFFICE gy By %. David R. Hurst Da itf City Attorney City Manager Attachment 1: November 24, 2009, Study Session Staff Report Attachment 2: Proposed Resolution (A44-00674 Ohailer UpdaSo Smes - 2MWIO - t s&CC from MR 5208.04 CG Mt9 • • ATTACHMENT 1 Consideration of Creation of a Charter Update Commission November 24, 2009 Study Session Staff Report H CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.SS—i— No.vember 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROlvi: David R. Hurst, City Attomey ext. 3131, dhunt@_NgMNrt8each9& I Have K ff, City Manager ext. 4030, dkiff NeMMrt8eachCA_gav SUBJECT: Consideration of Creation of a Charter Update Commission ISSUE, Does Councrii wish to create a commission to consider possible updates to the C11Y Charter and to City Ordirsances that have been adopted by initiative measure so tl1at update measures can be placed on tido November of 2010 ballot? 0 RECOMMEND8BON: Review the issues and give direction' DISCUSSION: The City Charter was originally adopted etfea-We. January T, 1855. The Charter is in effect the constitution of the City of Newport Beach. it governs and sets the parameters of all powers and regulation that occur wiihih the City. While it has been periodlc* amended, there are currently provisions that are not consistent with Cafifornia or United States laws. As such, it may be appropriate to appoint a citizens' commission to look at specific issues for possible update, ciarificaWn, andtor amendment to make them eorastent vith the current dictates of state and tederal taw and to modernize the Chatter's dict3Ws in order to make municipal government more effdent. In addition io Charter update. there are ordinances that have been passed by laiga.ive measures .that could .be updated as well. For example portions of our Civ Sertrioa Ordinance are not enforceable under state and federal law. Those issues, and any odd Issue arising from the Civil Service Ordinance can be addressed by the citizens' comrnisslon, should the Council so direct. Should the Council wish to proceed in this manner we recomrnend that the scope of wont for a citizens' cornmission tK focused on a limited range of issues. The time between novr and rite last clay io,put an issue on the 2010 General Election is relatively short Any city Is Consideration of Creation of a Charter Update Commission November 24. 2009 Wage 2 measure must be adopted by an appropriate enabling resolution and forwarded to the County ClerklEfections Official no later than .lune 28, 2010 for inclusion on the ballot. Working backwards, there is Vttle more than six rroraths in which a caomrrrission can be appointed, staff can research and analyze issues, the commission can discuss Cie tissues. a report can be prepared by staff, and a final recommendation can bQ adopted by the City Council. As such, we recommend focusing the commission on issues of conceal to the Council and providing a scheduled work program (fiat can achieve the desired resuits within the limited time available. Charter)ssues to Bc_Roviewnd Staff has reviewed the Charier and various initiaUve measures that may be of interest to the Counr.g for review. We have appended as Attachment "A` a tlsting of issues that has beewdeveloped. Some of the issues are simple and some are more complex. The ltsUng is not intended to be comprehensiv%'or mandatory, in ariy way. You ceh choose to assign issues to thta commission in any maruser you. wish and you can add to the issues listen if You desiiP. The number of issues you choose will simply affect the Intensity of the process during the six months available. We also mote 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 consideration. We have attempted to focus on a set of issues that can be addressed in the limited time available for consideration. The Councll may wish to direct consideration of other issues after having the issues listed in this report reviewed and addressed. The issues described In store detail in AttacNnt A have been placed, for convenience of &S-CussiOn, •into one of the, folkwAng three categos m 99fQ9QGLC: Clean-up (Those matters In which the inconsistent avdi; e*ting raw) issues: 1. City Manager residency requirement 2. Redistricting committee 3. Tax r1rrmits 4. Sale of Bay front property S. Gender referenoes Charier or inthawe rnoaswes are Catagory M. Modemkoflorr-and Efficiency (Those matters ir, which the Charter is not car ds1ent with curmnf rrafn)6(bar pracEce and in which efidency in government Mn be sdVeva,d through rttademListlorrj _ issues; I. Contracting atftrity 2. CM Service System 3. Oidltiance publication requirements 4. Rublicatran of legal notices • 9 . Consideration of Creation of a Charter Update Commission November 24, 2008 Page 3 S. Time for contracting 6., Frawl- i*e procedures 7. Centralized purchasing . CaLe—qrm P: Policy changes Issues: 1. appointment to vacant Council seat pratqgLq,cass We have drafted a proposed timeline (shown below), to lay out a poterwal work {alar+ for the project In summary, the plan we recomn-wW. sWuld you dkad that we engage In the effort, starts wrth adopting a resolution creating a Charter update Corrunisslon and sofrcitng appgoations for parb4abon on the commission. We then fecommend ow the fatal report of the Commission, with whatever recomrnendaOom it adopts, be &naf+zed by May 4 and brought to the Council at the last meeting frr May of 20f0 in a SrdY session. That deadline will allow the CoLmdf io review the rc=nrrnendations and sal`*dule Final acWn on V to matter in time for placing any issues on the ballot We also rewrrrrnend that the Council not require aha cornmission s recommendations be una nkrow, but fnstOad 16 allow for any dissenting portion of the oornmission to prepare a dissenting report This approach +Hail allow for the issues to move more quickly. a req(hrwnent that is rwessa�y based upon the limited amount of time available for defteraWns. We recommend that a commission be supported by the stiff of the City. Staff would provide the Commission wjth background information, analysis, and where appropriate, tiiir recorrunendatioas based upon their professional expwier>ce, background, and training. We would reoxmnend that lite items for review and cortWeration by the Comadssion be dearly established by the Couridd so that ti7e Commission understands tlx: Council's interests and the limits of the Comrnission's purview. Additionally. given the limited time frame for this project„ and the tbci That capacity is limited in the organlzation for this naw, but. important endeavor, engaging an outside project mwagor is proposed. the CRY Manager will engage an individual to assist the City Attomey, City Manager and Commission in ensuring timely completion of the task. The anikipatod cost of the contract Pm!W manager Is $'i 5,000. For efficlenGy of utas process, given the short time frame, we r+eoorrynend that applicants for commission appointments be acquired to confirm that they are avalathfe to attend ala of the meetings, which will be set In advance, according to file schedule shown beOw. A tatat of six meetiry , 'm1h a possible srjventn meeting, of ane co�ion would be held between February 2r'd (flint meeting of the commission) and May 4. Meetings would be tentatively set for 4 -- 6:30 pm on each of the days shown on- schedble. f� Consideration of Creation of a Charter Update Commission November 24, 2009 Page 4 A summary of the proposed schedule is shovm bei w. • 0 Consideration of Creation of a Charter Update Commission November 24, 2009 Page 5 Environmental Review Addressing procedural Issues within city govemment is nota pmject as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Public Notice Notice has bean given consistent v,fih the Ralph M. Brbwn Act. No outer public notice is required by this item. Alternatives You may Choose to; i. Direct staff to proceed with preparing the documents necessary to create the caornmissioa and bring them back to the next meeting of the Coundl, or any future meeting; and 2. Direct staff as to which, if any, or what other issuas you wish to have reviewed by a commission; and 3. Okect staff as to the timeline prowsed; 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 bring formative documents to you at the agenda directed by you.. CONCLUSION This matter is on your study session agfenda for consideration and direction. We shall e%ecute any direcWn you provide. Prepared and Submitted by: Submitted 8y; OFFICE OF THE CITY ATTORNEY CITY MANAGER'S OFFICE B By tYavid R. Runt Da of City Attomey City Manager Attachments: Attachment 'V. List of Possible Issues to Address IV AJ CHARTER UPDATE: LIST OF ISSUES To ADDRESS Q, ;V MCA Cl Cit NSana r Resident Ra 1Cement; Char -ter 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. C2, Redistrjctij&Committee: Charter section 1010S requires the City Council This section has not been uniformly 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 annexations.] C3. Tax Limits: 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 Bay Front Pronerty: Charter section 1402 provides that Bay Front Several times In the post the City has enacted property, except with limited exceptions, Charter amendments In order to allow for the cannot be sold. sate of Bay Front property. This procedure can be avoided simply by arnend(ng the prohibition to allow for the sate upon an affirmative vote,'of the electorate. C5. Gender Referencel; Several sections of the Charter refer to the These re re'nc'qs-'cou be exchanged with the City Manager, City Attorney, City Clerk, person's i1t(e instead of a gender reference: 17- Finance Director, department heads, jV 1 Chairmen," or City Council as males. (Section Page 1 M1. C'ontractingAuthorlty: M2. Cfvil Service System, M3. Ordinance Publication Regvirerrients=: (A0? -00671 f — Usr of UFYote Issuer —12.8.09 500, 501, 507., 543, 504, 602, 603, 60S, 606, 607, 608, 609, 610, 611, 704. Charter section 1110 requires all Public WotScs prajeets with total expenditures over $30,000.00 go to formal bid. Charter sections 800 through 803 provide for a Civil service System within the City and Ordinance 866, passed by the voters on November 4, 1958 (codified as Municipal Code Chapter 2.24). Charter section 414 requires that an ordinance be published at least once in the official newspaper. Page 2 Should the City revise this amount In light of the substantial increase of construction costs and then provide for adjustment based upon CPI? Currently the City's Civil service System is administered by the City's Civil Service Board that was created via ordinance adopted in 1958 and has not been updated in over fifty years. The entire law governing puble employment has changed dramatically In that time leaving some of the provisions of our system Inconsistent with state and federal law (for example sectlon 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 Civil Service Board. These concerns may warrant a review and modernization of the system. Publication of ordinances In their entirety can be extremely expensive. State law (Government Code section 36933) allows for summaries of ordinances to be published as a cost savings device. • (A05.OM7.11— List of Updote Issues --12.8.09 Page 3 M4. pc&ication of Le al Notices: Charter section 419 requires the City Cleric to Annual bid process has not produced any go to bid annually for contracting out noticeable savings and has created a difficult publication of legal notices. administrative burden on the City Clerk's Office. MS. Time for Contracting: This requirement potentiafly limits the City's Charter section 420, 'with some exceptions, restricts the length of time for municipal ability to enter Into modern financial ^_ contracting to not in excess of 25 years. transactions. MG. f=ranchise Procedures: Article X111 of the Charter creates franchising Franchising 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 a changing_economic environment. M7. Centrali7ed Purchasing Charter section 1106 requires the Cfty to �^ Centralized purchasing may work In some continue a process of central4ed purchasing. cases, but not in all. Advances in technology and controls may make decentralized less expensive. ..c�lr!c :, dd,tlttcS is i7 �+�1 -.purchasing • �r'�_ rti'' i_ _ r�'' y, P1. Ampintment to Vacant Council Seat: Charter section 403 directs that vacancies on Does the Council wish to address this issue, the Council shall be filled by appointment either to clarify how this provision falls within within thirty days, 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. P2. Review Mechanics of Restrictions an Oil Charter 1401 effectively provides that there is Consider ways to make these provisions more Drilling within the City: to be no new oil exploration, drilling, flexible in order to allow for modification of production, or refining in the City that was not existing drilling while not opening the City as a in existence at the effective date of the whole for new oil exploration or drilling. Charter or on the effective date of newly annexed properties. (A05.OM7.11— List of Updote Issues --12.8.09 Page 3 �� U v\��`� . �.� . ' ��\\/ - \. \�� � 5 2 £\ \� � \\>: � ` 3>% � \(d \� \ � � � i %� § , \ y\� x 9,\� � \ \ \� � ^ ��� / a\� . ,� � k2 � %� }�� , \� \� � - y . � � � ('% - �i\ /� ��� � . 5 � . z . { � : �� \/ \��\� § . . !� .\ \} \\& � � . e � \ \> � / \ . \ \} � - . . � \/ \ . � �� . � � . \) ' s i\ \{: . < a� y }: \ / w � > v\��`� . �.� . ' ��\\/ - \. \�� � 5 2 £\ \� � \\>: � ` 3>% � \(d \� \ � � � i %� § , \ y\� x 9,\� � \ \ \� � ^ ��� / a\� . ,� � k2 � %� }�� , \� \� � - y . � � � ('% - �i\ /� ��� � . 5 � . z . { � : �� \/ \��\� § . . !� .\ \} \\& � � . e � \ \> � / \ . \ \} � - . . � \/ \ . � �� . � � . L_J ATTACHMENT 2 Consideration of Creation of a Charter Update Commission Proposed Resolution I* 0 11 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 ithe citizens of the City of Newport Beach effective January 7,1955; WHEREAS, substantial changes have occurred in the law since the approval and i 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 work 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 -1- follows: Section 1: A Charter Update Commission is hereby created and enabled in 4 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 i appointed by the City Council. The City Council shall make an effort to appoint one JI 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 modernizing 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 Q: Due to the limited amount of time available, the worts program for this effort, allowing for reasonable flexibility, shaft proceed on the following schedule: `{�� ?. •�?•-' ,.:s' S Afe:�M� ~ L.7L{ `4=�:'""i*f I L; �7 �1,`�.y �`��7�7,,Mill- �4x 4 •' ' e.�l: {� .�.' { Ss a✓.. moi? .�__ rY,$`�.�e.._r'— December i 00 •• S., �- x.'Jt• g, .'nig- y — .." y, tr.x =�•!aa • mal: i` " `:Se '� 'rZ..'� Wi�h'"�� it c�'�" . ki1 i- �„_ tet, r, fir, nom„ r .,c.� _+�'xaC1' {ti f•f Resolution - •Commission,• to • : Addressed, • SolicitingApplications; Mayor Issues ssu 'tee �•oints Council• • •' •' ��•City Clerk Advertises forApplications for• • • Commission January 8, 2010 Apolication• • Closes 1 C] • Janua I1__— 15, 2009 i Council Subcommittee Conducts Interviews of Applicants January 26, 2009 Commission Appointed February 2. 2010 First Meeting of the Commission —Work Plan Discussed February 16, 2009 Commission Meeting — Discuss Issues March 2, 2009 ! Commission Meetin — Discuss Issues March 16, 2009 Commission Meefin — Discuss Issues April 6, 2009 Commission Meeting — Discuss Issues April 20, 2009 Commission Meeting — Action on Recommendations May 4, 2009 Commission meeting —Action on Recommendations (meeting held only if needed May 12, 2009 Cam lete staff re rt for Council meeting of May 25.2009 I May 25, 2009 Council study session: Present staff report with Commission recommendations to Council �+I ' 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 :he 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 Councii's May 25'x`, 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 (Califomia Govemment Code sections 54950 et. seg.). A presiding officer shall be appointed to preside over the meetings of the Commission. The -3- Commission shall be supported by the City Managers 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 Commisslon in preparing the majority report and recommendations. Section 6. This resolution shall fake effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this clay of 2009. Edward D. Selich, Mayor ATTEST: Leilani Brown, City Clerk • • C] ATTACHMENT "C" CSB January 4, 2010 Staff Report Resolution 2009-91 • I E • 1 c 1 • RESOLUTION NO. 2009-91 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 tf* 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 impediment to efficient municipal government; WHEREAS, it is appropriate to appoint a citizens' commission for review of Chaiter 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 modernization 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 fate than June 28, 2009; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: C7 P9 LJ Section 1: A Charter Update Commission is hereby created and enabled in order to cavy out the tasks of updating the City of Newport Beach Charter and mode mizing it in order to maximize the efficiency of municipal government. I Section 2: The Commission shall be made up of seven members of the public E ` appointed by the City Council. The City Council shall make an effort to appoint one member from each district of the City, but 9 there are no qualified applicants from any district that position can be fifled 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 modernizing the Charter. The Commission may also review the Charter and Wdative 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. 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: -,Date Action . December 8, 2009 Council Adopts Resolution Creating Commission, Identifying Issues to be Addressed, and Soliciting Applications; Mayor Council Subcommittee _Appoinfing December 12, 2009 City Clerk Advertises for Applications for Appointment to Commission January 8 2010 A2plication Period Closes January 11 --15, 2009 Council Subcommittee Conducts Interviews of Applicants January 26, 2009 Commission Appointed Februa 2, 2010 irstmeefing of the Commission - Work Plan Discussed February 16 2009 Commission Meetin — Discuss Issues • • —2C March 2, 10 9 Commission Meeting — Discuss Issues March 16. 2009 Commission Meeting — Discuss Issues April 6, 2009 Commission Meeting — Discuss Issues April 20, 2009 Commission Meeting — Action on Recommendations May 4, 2009 f Commission meeting — Action on Recommendations (meeting held oniv if needed d May 12, 2009 Complete staff re rt for Council meeting of May 25, 2009 May 25, 2009 ' 1 Council study session: Present staff report. with Commission recommendations to Council June 8, 2009 Council discussion and possible action on Resolutions on Ballot Measures f June 22, 2009 Final Council discussion and adoption of Resolutions re Ballot Measures if action is not taken on .lane 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. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vgtCadopting the ADOPTED this 8' day of December, Ed del Mayor ATTEST: 4aW- Leilani Brown City Clerk �tOR� LI • 0 STATE OF CALdFORMA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby I certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009-91 was duly and regularly intindaced 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: Heim, Ros: nsky, Curry, Webb, Gardner, ]Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WI'T'NESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of Deoember, 2009. oa&k- LMFA-1 City Clerk Newport Beach, California 1p 0 r� CIVIL SERVICE BOARD MEETING MINUTES<�.,...� DATE: January 4, 2010 5:00 pm — 6:01 pm BOARD: Doug Coulter, Chairperson Hugh Logan, Vice Chairperson James Mickey" Dunlap, Board Member Debra Allen, Board Member Maiqual "Mike" Talbot, Board Member STAFF: Terri L Cassidy, Human Resources Director/Secretary to the Board David Hunt, City Attorney Jyll C Ramirez, Administrative Assistant to the HR Director 1. FLAG SALUTE The Pledge of Allegiance was led by Board Member Dunlap. 2. ROLL CALL All Board Members were present. Chairperson Coulter_ recognized and welcomed former CSB Members Paula Godfrey and Bert Carson. He also announced that Ms. Godfrey is the Chairperson of Speak Up Newport. Speak Up Newport is a non partisan city- wide residents group organized to promote the common good and general weffare of the Newport Beach community (www.speakupnewport.org)." I APPROVAL OF THE DECEMBER T, 2009 MINUTES A Motion was made by Board Member Dunlap to approve the Minutes. Vice Chairperson Logan seconded the Motion. It was approved 5 Ayes, 0 No. 4. MONTHLY REPORT FROM THE SECRETARY TO THE BOARD HR Director Terri Cassidy wished the Board a Happy New Year and continued her report by addressing the following items: • The City Hall Campus participated in a holiday closure from December 24, 2009 through January 1, 2010, as one of the approved measures to address the City's fiscal climate. CSB Minutes January 4, 2010 Meeting Page 2 of 7 40 • To address the City's late performance evaluations, HR has organized a committee consisting of a representative in each department to gather feedback and problems associated with the online Employee Performance Evaluation system. City Manager Dave Kiff has requested that HR consider shortening or simplify the form and addressing the technology challenges. • In the month of December, thirty-one (31) employees chose to participate in the Early Retirement Incentive Program (ERIP). Tammie Frederickson, Executive Assistant to the City Manager, and Jyll Ramirez, Administrative Assistant to the HR Director, organized a time -saving, single retirement celebration for all 31 employees which was attended by staff members, Executive Management and City Council Members. By the end of this month, twenty (20) more staff members plan to retire under the ERIP. In addition to the cost savings of this program, the City Manager is also using this opportunity to evaluate and administer a City-wide restructure and reorganization plan. • With the conclusion of the ERIP, Human Resources will now begin multiple and various recruitments to help achieve the restructuring goals and maintain public services. • The Human Resources Department will lose two staff members after Friday, January 29, 2010. After 30+ years of public service (seven with . the City of Newport Beach), HR Manager Gwen Bouffard chose to retire by participating in the ERIP and the Recruitment Division's Department Assistant, Mai Tajima, is going back to school to pursue her Master's Degree. Chairperson Coulter recognized that the City Attorney's Office, City Clerk's Office and Recreation and Senior Services have no late employee performance evaluations. Therefore, in his opinion, the success of these departments validate that the online system is not flawed and nullifies the claim given by many departments that the online system is to blame for the late evaluations. 5. REPORT FROM CITY ATTORNEY ON ATTORNEY BRUCE PRAET'S COMPREHENSIVE RULES REVIEW AND RECOMMENDATION Mr. Hunt informed the Board: No action is needed by the CSB tonight on this item. This report is for information only. Through the PMA Investigation inconsistencies in the City's various governing documents became apparent. CSB Minutes January 4, 2010 Meeting Page 3 of 7 • The Council authorized and instructed the City Attorney's Office to hire a specialist to do a comprehensive review, including the Civil Service System and the rules related to it. • The City Attorney's Office hired Bruce Praet, Ferguson, Praet, & Sherman and founder of Lexipol, to conduct the comprehensive rules review. Mr. Praet addressed the Board: • Lexipol is a firm that he founded a few years ago, and it is the Country's leading provider of risk management resources for public safety organizations including production of policy manuals. Ninety-four (94) percent of California cines use the Lexipol system. • Newport Beach Police Department is now a part of the Lexipol system which resolves many of their conflicting policy issues. • Current City Charter, Municipal Code, CSB Rules, Ordinances, Policies, MOUs provide too many avenues of reference for people, provides conflicting information and requires too much cross referencing. • His primary recommendation is to consolidate all of the various documents into one system. • The secondary recommendation is to adjust the CSB's role and function, so that it is not representing a conflict of interest. A conflict could arise because the current role of the CSB is multi -faceted and includes the selection, investigation and discipline of employees. If the function was to address just one of these tasks, such as operating as an appeal board, it would not impart controversy. • Several City agencies have chosen to use an outside, single hearing officer that does not require City staff as an advisory role. Since the hearing officer operates individually, it does not Involve coordinating multiple calendars and schedules, and therefore may be heard and resolved more quickly. Board Member Allen supports consolidating the various governing documents into one source to streamline the process; however, she has some serious eoncems regarding some of the recommended CSB systemic changes. She requested input from the Police and Fire Associations regarding the recommendation to desolve the investigative function of the CSB. Vice Chairperson Logan requested comments from the public. The public had no comment. Vice Chairperson Logan also supports the consolidation of the different Policy and Rule sources into one. CSB Minutes January 4, 2010 Meeting Page 4 of 7 Mr. Hunt explained to the Board that their recommendation will go to Council in March, and if the City Council wants to go forward with any changes, it would go to the ballot to be voted on by the community. Vice Chairperson Logan commented that he is uncomfortable with the CSB losing their appellant role. Board Member Dunlap said that the Police Management Association spent nearly two years trying to resolve their issues, and it was not until the CSB approved the investigation that it was resolved. Board Member Talbot admitted that he does not have a thorough enough understanding of the rules and ordinances to know what the best options were for the Board within the City's infrastructure. It is his understanding that if would be Council's function to determine what the Board should govern. 6. CHARTER UPDATE COMMISSION — SCOPE OF WORK AND TIMELINE Mr. Hunt assured the Board that he will get as much information to the them as quickly as possible. The issue will be brought to the City Council in March 2010. • 7. FIRE DEPARTMENT STATUS REPORT Fire Support Services Manager Terry Ulaszewski addressed the Board: • On Christmas Eve, there was a fatal traffic collision on Pacific Coast Highway. • December 28, there was a residential fire on Paper Lane. The roof of the house collapsed just as the firefighters got out. • In December 2009, Lifeguard Battalion Chief Mareen "Reenie" Boyer retired after 25 years of service. • Testing will be held next week for Fire Engineer recruitment at Station 7. S. POLICE DEPARTMENT STATUS REPORT Captain Gazsi addressed the Board: Recruitments and orientations have been placed on hold temporarily. On November 30, Beau Rains started at the Orange County Police Academy and is expected to graduate in March 2010. Lieutenant Craig Frizzell and Sergeant Joe Thrasher retired in December 2009, and both had 30 years of public service. CSB Minutes January4, 2010 Meeting Page 5 of 7 • Police Officer Dave Moon is expected to retire in April 2010. • The Police Department is working with Human Resources to open the recruitment for a Senior Animal Control Officer position. • There is currently no eligibility lists for Dispatcher, Community Services Officer, or Police Cadets, but these recruitments will be considered in the near future. • Currently in the background process and on hold are four Police Laterals, four Police Recruits and one, part-time MIS Technician. • On behalf of the Police Department, he thanked HR Manager Gwen Bouffard and Department Assistant Mai Tajima for their hard work and dedication to the City. 9. HR DIRECTOR/CHIEF OF POLICE COMMENTS REGARDING RECENT POLICE PROMOTIONAL EXAM PROCESS Chief Luman commented on a few things regarding the recent Police Promotional Exam Process. • He did not receive ANY negative feedback regarding the process or the raters and only received positive comments from the candidates. • The process with relevant and pertainent to Newport Beach and rank of the position (Sergeant or Lieutenant) for which was being tested. • He was pleased with Donnoe and Associates who administered the tests under the supervision of the Human Resources Department. • The individual raters gave of their time during the holiday season, and the Police Deparment expressed their gratitude. • The candidates listed on the Lieutenant and Sergeant eligibility lists will provide the Police Department with quality personnel who are ready and suitable for promotion. • He thanked HR Director Terri Cassidy, HR Supervisor Rebecca Redyk and HR staff for their contribution towards a professional and significant process, City Attorney David Hunt and staff for assisting with the ancillary work associated with the process and the CSB for wisdom, insight and guidance. Ms. Cassidy informed the CSB the process was a resounding success. From a HR perspective, the measure of a good examination process is whether or not it mirrors the actual job. The goal was to make sure the Chief obtained a viable list based on the demonstrated performance of the candidates. In addition to being a test, it was also a training tool. HR will provide feedback to all candidates whether they were successful or not. Even the unsuccessful candidates took the time to comment and tell her that they believed the process was fair, challenging, • non-discriminatory and had integrity. As a result of the Police Promotional CSB Minutes January 4, 2010 Meeting Page 6 of 7 is Committee, the Blaylock Report, PMA Investigation and the guidance of the CSB, the candidates had the full experience of a comprehensive examination process. This process will be a positive experience for candidates and make a stronger Police Department with more individuals who are prepared and ready for promotion. Ms. Cassidy thanked HR Supervisor Rebecca Redyk, HR Analyst Sarah Rodriguez, Police Chief Luman, Captain Dale Johnson and all of the subject - matter experts who gave input making this test more relevant. Vice Chairperson Logan commended Ms. Cassidy and Chief Luman for a successful Promotional Process and asked how they determined if the process was relevant and pertinent. Chief Luman answered that the process was relevant and pertinent because the candidates were tested on situations that they are likely to encounter in Newport Beach and at the rank for which they were testing. 10.REQUEST APPROVAL OF THE POLICE SERGEANT ELIGIBILITY LIST A Motion was made by Board Member Dunlap to approve the Police Sergeant Eligibility List. Board Member Talbot seconded the Motion. It was approved 5 Ayes, 0 No. 11. REQUEST APPROVAL OF THE POLICE LIEUTENANT ELIGIBILITY LIST A Motion was made by Board Member Dunlap to approve the Police Lieutenant Eligibility List. Vice Chairperson Logan seconded the Motion. It was approved 5 Ayes, 0 No. 12. BOARD MEMBER COMMENTS Board Member Dunlap commented that he will miss HR Manager Gwen Bouffard's bright smile and that he has enjoyed working with her. The Board Members shared their appreciation for Gwen's hard work. 13. ITEMS FOR FUTURE AGENDAS None Pi CSB Minutes January 4, 2010 Meeting Page 7 of 7 14.PUBUC COMMENTS PEA Representative and candidate of the Promotional Process, David Syvock, told the Board that the testing processes gave the perception of fairness and he thanked Ms. Redyk and Ms. Rodriguez for doing a great job in administering the tests. %ADJOURNMENT The Civil Service Board meeting adjourned at 6:01 PM. Terri L Cassidy, HR Director Secretary to the Board • CITY OF NEWPORT BEACH CIVIL SERVICE BOARD STAFF REPORT Agenda Item No February 1, 2010 TO: HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD FROM: Terri L. Cassidy, Human Resources Director Ext. 3300 tcassidy@NewportBeachCA.gov David R. Hunt, City Attorney Ext. 3131, dhuntoNewgortBeachCA gooy SUBJECT: CIVIL SERVICE SYSTEM - CHARTERIORDINANCE UPDATE RECOMMENDATION: 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 personnel 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. Existinq 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: Candidate. Appeals: 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 Inyestic7ation 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. ■ 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 manner. 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, thea 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 limiting 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. :- Recommendation No. S. 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. Z Recommendation No. 9_ Define a career development plan applicable to the ranks • of sergeant, lieutenant, and captain. Such a pian 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 Notes the position of Police Legal Advisor has already been eliminated from job descriptions and its relationship with the Office of the City Attorney has been severed. The Board supports and 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 _Vlll Civil Service System, Section 802.2. • This speaks to exempt positions from the Civil Service System. Some changes are needed in subsections below- * "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 calf 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) New ort Beach Municipal Code Sections 2.24.974 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. c) Ordinance 866,__Section 5 -Responsibilities and Authority_of Board. Subsection e Recruitment and Selection. • 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 a 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 90. Selection of Police and Fire Chiefs. Subsection b 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. 0 CONCLUSION: 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 Terri L. Cassidy, Human Resoyrc Director � • C7 Submitted By: OFFICE OF THE CITY ATTORNEY By David R. Hunt City Attorney 0 CIVIL SERVICE BOARD MEETING MINUTES DATE: February 1, 2010 5:00 pm — 6:00 pm BOARD: Doug Coulter, Chairperson Hugh Logan, Vice Chairperson James "Mickey" Dunlap, Board Member Debra Allen, Board Member Maiqual "Mike" Talbot, Board Member STAFF: Terri L Cassidy, Human Resources Director/Secretary to the Board David Hunt, City Attorney Jyll C Ramirez, Administrative Assistant to the HR Director 1. FLAG SALUTE The Pledge of Allegiance was led by Vice Chairperson Logan. 2. ROLL CALL Chairperson Coulter, Vice Chairperson Logan and Board Members Dunlap and Talbot were present. Board Member Allen was absent (excused). 3. APPROVAL OF THE JANUARY 4, 2010 MINUTES A Motion was made by Board Member Dunlap to approve the January 4, 2010 Minutes. Vice Chairperson Logan seconded the Motion. It was approved 4 Ayes, 0 No. 4. MONTHLY REPORT FROM THE SECRETARY TO THE BOARD HR Director Terri Cassidy reported to the Board: • At the January 12, 2010 City Council Meeting, the Council adopted the findings for the PMA Investigation as recommended by the Civil Service Board. • HR Manager Gwen Bouffard held three EIRE Committee meetings before her last day with the City on January 29, 2010, and with the retirement of Ms. Bouffard, the responsibility of organizing and leading the group has shifted to HR Analyst Maggie Williams-Dalgart. The recommendations, thus far, from the Committee were presented to City Manager Dave Kiff. 0 HR will work with IT to update the online form and train staff appropriately. CSB Minutes February 1, 2010 Meeting Page 2 of 6 Mayor Pro Tern Henn has indicated that he is going to make timely employee performance evaluations a Council priority. As of January 31, 2010, the remaining 22 employees that chose to participate in the Early Retirement Incentive Program (ERIP) have retired. Some of the retirees have been temporarily hired back during the interim through Council -approved contracts. Due to the ERIP and City-wide restructuring, HR is experiencing high recruitment activity, including reviewing job specs and classification studies, even though we are technically still in a hiring freeze. Some upcoming executive recruitments are Assistant City Manager, Chief of Police and Assistant to the City Manager. HR and Chief Luman will work together on the COP recruitment, which is expected to take approximately 90 -- 120 days, with the facilitation of Eric Middleton, Alliance Resource Consulting. Board Member Talbot asked for the ratio of the retired employees that chose the ERIP to active employees. Ms. Cassidy answered that before the ERIP, there were approximately 835 Full -Time Employees, and of the 52 employees that have retired using this program, approximately 30 equivalent positions will be filled in some manner. The ERIP's cost savings was $1.8 million dollars for Fiscal Year 2010. 5. CIVIL SERVICE SYSTEM -- CHARTER/ORDINANCE UPDATE Ms. Cassidy explained to the Board that through the review of the Civil Service System in the Charter by Bruce Praet, and from a professional standpoint, some issues have been identified as outdated, obsolete or not current practice. Additionally, some of the provisions governing staff cause unnecessary difficulty and/or cause delay in carrying out specific duties. It is not the intent of staff to recommend to the Charter Review Commission that the Civil Service System is flawed. One of the examples, pointed out by Ms. Cassidy was Ordinance 866 section two — Selection of Police and Fire Chiefs. This provision, written in 1952, mandates a written test and qualifications appraisal, both weighted at 50%. A more current practice is to facilitate an assessment center, which includes more viable, hands-on exercises to determine the most qualified candidate. Ms. Cassidy assured the Board staff values the CSB; however, they believe modifications are needed for the Charter's Civil Service System provisions. She encouraged open diallogue from the Board before the research and data are presented to the Council. • CSB Minutes February 1, 2010 Meeting Page 3 of 6 Mr. Hunt explained that he hopes to have several, thorough discusses over the next three months with the Board regarding the ordinance and the modifications needed. He pointed out that the current ordinance can only be changed by a vote of the people, and an ordinance that could be updated and managed without going to vote would be more conducive. He believes this flexibility would allow for a more efficient personnel system that would better meet the needs of the employees, unions and City. It is restrictive to abide by outdated,and sometimes illegal, provisions that can not be changed unless they go to vote of the people. Staff can either go forward and address the issues individually, through a vote of the people, or get the ordinance repealed and replaced with one inacted by the City Council. The CSB would not be dissolved, because it is still required by the Charter. Board Member Dunlap asked which body will be presented the Board's recommendation. Mr. Hunt answered that the City Council selected and convened a Charter Update Commission to focus on this task. Therefore, the CSB recommendation would go the Committee and then the CSB and Committee's recommendations would go to Council. Board Member Dunlap is concerned with Mr. Praet's recommendation to disband the CSB and having a single, outside hearing officer, and he credited the Board with the positive outcome of the PMA Investigation. Mr. Hunt explained that when he wrote the recommendation, it was not to disband the CSB. The Board could only be dissolved if the Charter is repealed, which is not the recommendation. Mr. Hunt asked the Board what they thought should be the function of the CSB. Ms. Cassidy explained that Mr. Praet was here as an expert and staff asked for his opinion and analysis, which he gave at the January 4, 2010 CSB meeting. Staff is requesting input from the Board of its roles and functions, so that going forward there is unambiguous direction. Vice Chairperson Logan stated that he understood and supported helping staff modernize the ordinance. He also expressed his concern for sworn employees not having a Civil Service Board to keep things fair. He also values community involvement with our safety system. 0 CSB Minutes February 1, 2010 Meeting Page 4of6 Board Member Dunlap said he is concerned that the Charter Update Commission does not know the function of the Civil Service System, and asked if the Board Members would have an opportunity to speak with them face-to-face. Mr. Hunt notified the Board that the Charter Update Committee will meet two times in March, and he will get them the dates. He encouraged Board Members to attend. 6. FIRE DEPARTMENT STATUS REPORT The Board wished Chief Lewis the best in retirement. Chief Lewis thanked the Board for personal and professional relationships. He then addressed the Board with his status report: Fire Support Services Manager, Terry Ulaszewski, retired on January 29, 2010. Chief Lewis thanked Terry for his years of service. • Deputy Fire Chief, Dave Mais, will be delivering the Fire Department's Status Report to the Board following the Chiefs retirement at the end of February 2010. • On March 6, six probationary firefighters will have passed their probation. • With the state of this economy, the Fire Department is hoping to not have to open the recruitment for Seasonal Lifeguards this summer. He anticipates that most will return from last year. Board Member Dunlap wished Chief Lewis well in his retirement. Ms. Cassidy thanked Chief Lewis for his presence and for working with her and Human Resources. 7. REQUEST APPROVAL OF THE FIRE PARAMEDIC ELIGIBILITY LIST Chairperson Coufter requested to combine the Fire Paramedic and Fire Engineer Eligibiliy Lists under one vote. A Motion was made by Vice Chairperson Logan to combine and approve the Fire Paramedic and Fire Enginner Eligibility Lists. Board Member Talbot seconded the Motion. It was approved 4 Ayes, 0 No. 8. REQUEST APPROVAL OF THE FIRE ENGINEER ELIGIBILITY LIST See the Motion for Item Number 7. CSB Minutes February 1, 2010 Meeting Page 5 of 6 9. POLICE DEPARTMENT STATUS REPORT Captain Gazsi addressed the Board: • The Police Department is actively recruiting for six Lateral and Entry -Level Police Officer positions. • On January 27, the Police Dispatcher position opened for recruitment. • The Crime Scene Investigator position is scheduled to open February 5, 2010. • Open House for various classifications will be February 16, and the testing will be on the following Saturday, February 20. • The Promotional Eligibility List for Senior Animal Control Officer will come before the CSB at the March 2010 meeting to request approval. • Recruitments. • Three recruits are attending the Orange County Sherrtffs Academy. All three recruits are currently at the top of their class. • Officer Glen Garity will retire on February 22, 2010. • Currently in background is one Lateral Police Officer and four Police Recruits. • Wednesday, February 3, the Police Department will promote three staff members. Jon Lewis will promote to Police Liuetenant and Steve Rasmussen and Joe Cartwrriight will promote to Police Sergeant. 10. REQUEST APPROVAL OF THE UPDATED SR ANIMAL CONTROL OFFICER JOB DESCRIPTION A Motion was made by Chairperson Coulter to combine and approve the updated Senior Animal Control Officer and Animal Control Officer job descriptions. Board Member Dunlap seconded the Motion. It was approved 4 Ayes, 0 No. 11.REQUEST APPROVAL OF THE UPDATED ANIMAL CONTROL OFFICER JOB DESCRIPTION See the Motion for Item Number 10, 12. BOARD MEMBER COMMENTS Logan expressed his sentiments to Mr. Ulaszewski and Fire Chief Lewis. 13. ITEMS FOR FUTURE AGENDAS None • CSB Minutes February 1, 2010 Meeting . Page 6of6 14. PUBLIC COMMENTS Chairperson Coulter requested that Terry Ulaszewski address the Board. Terry thanked the Board for their hospitality, and he complimented the Human Resources Department and HR Specialist Il Jill Camille Ortiz. 15.ADJOURNMENT The Civil Service Board meeting adjourned at 6:00 PM. L Cassidy, HR Director / Secretary to the Board , � CITY OF NEWPORT BEACH OFFICE OF THE CIN ATTORNEY DATE: February 9, 2090 TO: Honorable Chair and Charter Update Commission FROM: Office tt ofomey David Attorney MATTER: Charter Update Matters: 2009110; AOM0673 Foy r V RE: Civil Service System Background and Current Status 1. Civil Servio Foundational Docum nt . ��f Fp Rte/ The City of Newport Beach's civil service system is founded upon the provisions of Article Vlll 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 Cleric, Director of Finance, City Engineer, all Department Heads, all employees of the Library Department, including the Ubrarian, and appointed board members and commissioners and temporary employees. (Art. Vlll, 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 govemed by the Civil Service Ordinance or the Charter, but may not be inconsistent with the Charter or the Ordinance. We have attached LJ 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 carded 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 Citys 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 dear, 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. i Civil Service System Background and Current Status February 9, 2010 Page: 3 C] 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 feet free to contact me or other staff at your oonvenience with any questions you may have. i Attachments - Folder of Background Materials Cc: Civil Service Board (w/o Attachments) Terri Cassidy, Human Resources Director and Secretary to the Civil Service Board (w10 Attachments) Cathy Standiford, Project Manager (w/ Attachments) Leilani Brown, City Cleric (wl Attachments) (AO"OV31— Cwwd, s;orr from i vt m Crud service Sw*Vound ,7 0 TO: FROM: CITY OF NEWPORT BEACH CIVIL SERVICE BOARD STAFF REPORT Agenda Item No. March 1, 2010 HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD David R. Hunt, City Attorney ext. 3131, dhunt(a)nemortbeachca.pov SUBJECT: Recommendation for Modemization of City Personnel System Specifically Addressing Civil Service Modernization ISSUE: What, if any, recommendation does the Civil Service Board ("Board") have for modernization of the Civil Service System ("System") of the City of Newport Beach ("City")? RECOMMENDATION: Staff recommends the Board give its express recommendations on the issues that have been raised with respect to possible modemizatlon of the System. In order to achieve this end, staff recommends the Board address by express motion the following issues specifically, and any other issues it believes are important. 1. Should the Charter be amended to eliminate the requirement there be a_ System within the Cit✓? If the answer to question No. 1 is "no," proceed to question No. 2. If the answer is "yes" then no further questions need be addressed. 2. Should the System's ordinance enacted in 1958 be replaced with an grj-tLnano enacted bz the City Council thus allowing for updating the System on an on oc�ing basis without the need for a voter initiative? If the answer to question No. 2 is "no," proceed to question No. 3. If the answer is "yes," proceed to question No. 4 skipping Question 2 entirely. 3. Should ordinance No. 866 be amended to modify any of the following? a. Bring it into consistency with the California and Federal Constitutions; Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 2 b. Modify or eliminate any of the four functions performed by the Board in the context of the ordinance; (1) Overseeing 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 acting as an appellate body on recruitment issues;' (2) Functioning 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 ("EPM"), that are appealed to its level; (3) Conducting investigations as requested by either by the City Council, the City Manager, or an organized employee's association within the System; and/or (4) Overseeing the System as a whole and making recommendations to the City Council as to any changes the Board believes are appropriate. Once Question No. 3 is answered, you may skip to Question No. 5. 0 4. If the existing System ordinance should be replaced with a new ordinance. what role/functions do you recommend the Board continue toperform? You may recommend no change, modification of the roles, or elimination of any of the four roles played by Board: a. Overseeing 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 acting as an appellate body on recruitment issues; b. The functioning as a discipline appeals board, reviewing any decision to discipline civil service employees and also for non -civil service employees under the City's EPM that are appealed to its level; C. Conducting investigations as requested by either by the City Council, the City Manager, or an organized employee's association within the System; and/or; You have recommended that the candidate appeals issue be modified and that recommendation has been accepted by the Council. That will be processed no matter of the outcome of the Charter update process. Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 3 d, Overseeing the system as a whole and making recommendations to the City Council as to any changes the Board believes are appropriate. 5. Should the Charter be updated to create an Assistant/Dgputy Chief position or Posit -ions for Police and the Fire Departments outside of the S stem and outside of gGLanized bar ainin un i s? This ends the specific questions. Whatever the Board's recommendations regarding the maintenance of the System or it's modification, staff recommends at least two changes for the purposes of modernization and efficiency; 1. Replacement of initiative passed Ordinance No. 866 with an ordinance passed by the City Council to allow for updates and modernization without having to go to a vote of the people as personnel procedures and laws change; and 2. Creation of a management buffer outside of the System to assist the chief officers in performing their duties and running their organizations. DISCUSSION: We are seeking your recommendations on the policy decisions dealing with the City's personnel system, specifically the review of the Civil Service System. We ask you to address the broad policy questions and give specific direction on those questions. 1. Ongoing Civil Service System. Our System has been in place since 1958. As outlined in our staff report to you for your January 2010 meeting, many changes have developed in personnel law dealing with public employees in California since that time. Modem personnel practices must comply with all those changes in the law or subject the City to potential liability. Additionally, the City has adopted a City Manager/Council form of government. In effect, this form of government puts the personnel decisions of the City under the direct responsibility of the City Manager and not the City Council. Thus, City personnel, with the exception of the City Manager, City Clerk, and City Attorney, are buffered from the political process and can be selected and promoted on the basis of merit. The System adds to this protection by giving an overlay of further process on top of this fundamental protection in the division of authority. 0 Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 4 The most fundamental change in the law dealing with public personnel issues in California rests In the conclusion by the California Supreme Court in Skelly vs. State Personnel Board, (1975) 15 Cal. 3d 194, that public employees have a property interest in their employment. As such, a public employee must be provided due process of law before that property interest can be changed or taken. As a result, whether or not there is a System in place, no public employee may be substantially disciplined or discharged without being provided procedural due process recognized under the California and United States Constitutions. Civil Service Systems such as ours provide an added layer of process and protection to public employees on top of the already substantial protection afforded public employees by the California Supreme Court in its decision. Additionally, the City has its own EPM, which was approved by the Council through adoption of a resolution on December 11, 2001. The EPM also provides protection to all City personnel, and it specifically provides procedural protections to non -Civil Service employees of the City, thus carrying out the dictates of the Supreme Court under the Skelly decision. Additional protection is also provided by labor agreements. All city Civil Service employees have representation through their labor organizations. All organizations have Memorandums of Understanding (,,MOU")2 with the City. These MOUs have protections built into them, including grievance procedures for addressing issues arising out of the agreement. 0 Further, employees' are also protected by anti -discrimination laws enacted by the State of California and the United States. Thus, there is a complex web of laws providing protections for City employees with at least four separate elements. In light of the substantial protection either instituted by the courts or enacted by the legislature, the trend in California is for either the elimination of the civil service systems or modifications of the system so they do not duplicate in overly complicated and already complex area of the law. Staff recommends the Board finalize this issue by asking itself the question as to whether or not if feels the System provides a substantial benefit to the City. If it does, the System should remain in effect and it would be your recommendation to not repeal Article Vlll of the Charter. If the System does not provide a substantial benefit to the City, then Article VII I of the Charter should placed before the voters for possible repeal.3 2 This term is simply a "term of art' in the area of employment law that Is used to describe a contract between a labor organization and an employer. As we have reported in the past the Civil Service System is enabled and based upon Article VII I of the Charter, It is then given substance by Ordinance 866 (Newport Beach Municipal Code ("NBMC') Chapter 2.24). 0 Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 5 2. Modification of System. Assuming the answer to the question of whether or not the System should be eliminated is "no," the Board then needs to face the question of whether or not the System should be modified in order to modernize it for efficient government purposes. If modernization is appropriate, staff recommends the consideration should focus on retaining the core protections the Board feels are important while making the System easier to administer. Thus, the Board should address the question of whether each of the functions performed by the System provides substantial benefit to the City. The Board can recommend keeping all roles that provide a substantial benefit and recommend eliminating those roles that do not provide such a benefit. As discussed, there are four roles to consider. a. Recruitment Oversight. Civil Service System provides rules for recruitment and promotion within the City. The Board oversees every recruitment process and promotional process provided to Civil Service departments. It performs this function by approving testing procedures and advertisement prior to the process beginning. The Board then certifies any employment list created by the process and hears any appeals from the process. It is noted that the City's EPM also provides for recruitment, appointment and promotion with substantial protection for the employees in the process and protections of the merit based nature of the personnel system. (EPM sections 5 and 6.) Review of the Board's records over the last five years reveals that it has not modified substantially any recommendation regarding any recruitment process presented by staff. It has not ever refused to certify an employment list. b. Discipline Appeals Board Function. The Board is charged with hearing appeals from disciplinary decisions within the System, and also has a role outside of the System pursuant to the EPM to hear such appeals. In this capacity the Board serves as an objective fact finding body determining contested issues and appropriateness of discipline in the System's setting. The Board's decisions on appeals from discipline in the System are final. It has performed role of a discipline appeals board up to six times over the course of the fifteen years. Employee procedural due process rights are also protected under section 13 of the EPM. It is also noted that the Board acts as a recommending appeals hoard for all non - Civil Service employees in the City, making a recommendation to the City Manager in matters of contested discipline. (EPM section 13.4.) The final decision, however, rests with the City Manager in the context of non -civil service employees. Honorable Chair and Members of the Civil Service Board March 'i, 2010 Page fi C. Investigative Function. The Board performs its investigative function when requested by the City Manager, the City Council or a recognized labor organization. It looks into issues arising under the System to make recommendations, if any, for modification of the System or to address issues as needed to accomplish the purpose of the System. Our review of City records indicates that that function has only been performed once in the Board's history. That one time arises from the Police Management Association's request for an investigation arising out of the promotional processes of the Police Department that went forward last year. The Board played an important role in assisting and addressing the issues raised in that investigation. To date, it appears that the resolution achieved has been accepted by all interested parties as at least appropriate. d. System Oversight. The Board oversees the implementation of the System in the City and makes recommendations to the City Council for its modification. Multiple recommendations have been made for modification arising from the business of the Board last year. One such modification is the Board's recommendation to eliminate a candidate's right to appeal a decision to not hire that individual. In addition, several recommendations were made in the context of the police promotional Investigation. 3. UDdatino Existing Ordinance. Staff recommends against updating the existing ordinance. To perform this task, we would need to go through and identify each individual problem area, draft appropriate language, and recommend an update of the ordinance be placed on the ballot of November 2010. The process of updating an initiative ordinance is time consuming and costly. It puts complex issues regarding personnel law of the City into the voting box. It would be difficult and unfair to ask the electorate to analyze all of the complex issues that would be raised with respect to updating the System. Alternatively, staff recommends replacement of the ordinance, keeping the portions that provide substantial benefits to the City, with an ordinance adopted by the City Council. This approach would allow for the modification of the ordinance as the law changes and personnel practices develop. Should the replacement ordinance option be chosen, staff will proceed to draft a replacement ordinance for consideration by the City Council that incorporates the functions of the System that benefit the City. The replacement of our ordinance will be presented to the Council prior to the election in November. If adopted by the Council, the replacement ordinance will take effect only If the former ordinance is repealed by the voters. In this manner, we could update and modify the System, bringing it current 0 z Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 7 with existing law and providing for efficient government, while allowing for subsequent modification as needed by the City Council action. 5. Assistant/Deputy Chief Level. Staff recommends modification of the Charter to allow for creation for what in effect is an Assistant/Deputy Chief position or positions in each public safety department, regardless of the name assigned to it. The position or positions would not be in the System nor represented by organized labor. At present the two Chief Officers are the only persons in their departments not organized and not in the System. They have no backup at their executive management level that does not have any potentially competing interest to the interests of the departments who can act fully in their place. Based upon the above, staff recommends modification of the Charter so that there can be an exemption from the System of an AssistanttDeputy Chief level of executive management officers between the two Chief Officers in fulfilling their roles as within their departments. This exemption would be consistent with the existing Charter provisions that exempt out Assistant City Managers and Assistant City Attorneys. (Charter section 802.) CONCLUSION: Staff seeks the recommendation of the Board with respect to the above complicated issues. We have tried to break them down Into their component parts so you can address them one at a time. We ask that you take action on each specific question so we can give express recommendation as to the Charter Update Commission and to the City Council. Prepared and submitted by: Office of thA City Attomey Hunt mey cc: Dave Kiff, City Manager Tem Cassidy, Human Resources Director Teri Craig, President, City Employees Association Chad Ponegalek, President, Firefighters Association Honorable Chair and Members of the Civil Service Board March 1, 2010 • Page 8 Dave Mais, President, Fire Management Association James Randal, President, League Employees Association Brent Jacobsen, President, Lifeguard Management Association David Syvock, President, Police Employees Association Tom Gazsi, President, Police Management Association Mel Fleener, President, ProfessionaVTechnical Association Josh Yocam, President, Association of Newport Beach Ocean Lifeguards President, Part -Time Unit fAN-00229j - Mar0f-ModwNzaWn 0 0 • 0 CIVIL SERVICE BOARD MEETING MINUTES DATE: March 1, 2010 5:00 pm -- 6:17 pm BOARD: Doug Coulter, Chairperson Hugh Logan, Vice Chairperson James "Mickey" Dunlap, Board Member Debra Allen, Board Member Maiqual "Mike" Talbot, Board Member STAFF: Terri L Cassidy, Human Resources Director/Secretary to the Board David Hunt, City Attorney Jyll C Ramirez, Administrative Assistant to the HR Director 1. FLAG SALUTE The Pledge of Allegiance was led by Vice Chairperson Logan. 2. ROLL CALL All Board Members were present. 3. APPROVAL OF THE FEBRUARY 1, 2010 MINUTES A Motion was made by Board Member Dunlap to approve the February 1, 2010 Minutes with a few grammatical changes. Board Member Talbot seconded the Motion. It was approved 4 Ayes, 0 No and 1 Abstain (Board Member Allen was absent for the February 1, 2010 CSB meeting). 4. MONTHLY REPORT FROM THE SECRETARY TO THE BOARD HR Director Terri Cassidy reported to the Board: • She was pleased to see the support of the Civil Service Board and Employee Association Members at the Mayor's State -of -the -City Address Dinner. • As a follow-up to ERIP (Early Retirement Incentive Program), Human Resources has been organizing and coordinating a high-volume of recruitment activity requests and is playing a key role in the strategic planning of the City-wide restructuring progression. • HR is preparing to open the Police Chief recruitment. • The City and HR welcomed Interim Fire Chief Steve Parker. CSB Minutes March 1, 2010 Meeting Page 2 of 8 L' • Deputy Fire Chief Dave Mais has been appointed as the Acting Fire Chief due to the retirement of Fire Chief Steve Lewis until Chief Parker begins his assignment on March 15, 2010. • The City was shocked and saddened by the sudden passing of Recreation Leader Cara Lee, whose father, IT Specialist III Randy Lee, is a long-time employee of the City as well. City employees really pulled together in support of the Lee family and the Recreation & Senior Services Department. • On March 4, HR will participate and help educate a local high school student on how a local government functions during the City's Youth in Government day. • HR has been keeping up with training regarding pension reform and changes in the laws, such as Firefighters Bill of Rights and Peace Officer Bill of Rights. S. CITY ATTORNEY ROLE AND "ETHICAL WALL" Mr. Hunt informed the Board that the City Attorney's Office is now divided between two functions on the personnel level. Some of the staff members are assigned to give support to HR and other City departments in the context of discipline. He and the other staff members represent the Board in HR discipline issues to protect the due process procedural rights of an employee who comes before the Board. He is not involved in any recommendations to the Department Directors regarding • discipline. He explained that there are now enough attorneys in his office to create Ethical Walls. He would only ask for outside help if he was directly involved in the discipline. Vice Chairperson Logan expressed his concern to Mr. Hunt on being able to uphold ethical walls when all staff members in the City Attorney's Office report directly to him. - Mr. Hunt assured Vice Chairperson Logan that he was functioning within the case law. Chairperson Coulter asked how many attorneys Mr. Hunt has in his office. Mr. Hunt answered that he has 5.7 Full -Time Equivalent (FTE) employees. Board Member Allen expressed that it is her understanding that the case law to which he is referring is meant for public offices with more than 5.7 staff members, and she is also concerned about the perception of ethical walls between a boss and subordinates in a litigation context. Mr. Hunt understands their concerns and reassures the Board that he would not do anything to put the City at risk. 0 • CSB Minutes March 1, 2010 Meeting Page 3 of 8 6. CONTINUED DISCUSSION OF THE CIVIL SERVICE SYSTEM — CHARTER UPDATE COMMISSION Board Member Dunlap expressed his concern and questioned if there would be a conflict of interest for Mr. Hunt between his role in representing the CSB and providing his own professional recommendation to the Charter Update Commission (CUC), if the two recommendations were not the same or in agreement. Mr. Hunt responded by letting the Board know that it will not be a conflict of interest. He continued to explain that his job is to do, or advise, what is in the best interest of the City. He assured the Board that he will actively submit the Board's recommendation in addition to providing the CUC with his own professional recommendation. He encouraged the Board Members to attend the March 16 Charter Update Commission meeting. Chairperson Coulter asked Mr. Hunt if they were expected to take action on this item during this meeting. Mr. Hunt clarified to the Board that he was seeking their direction and comments to bring before the Charter Update Commission. He continued to explain that the goal is to seek policy direction for the CSB, not calf an ordinance at this time. Chairperson Coulter proposed a study session. Vice Chairperson Logan said he would like to talk to the other Board Members in closed session without violating the Brown Act. Mr. Hunt responded that it needs to be discussed in an open setting. Chairperson Coulter made a Motion to call a public study session at a date to be determined. The Motion was seconded by Board Member Dunlap. Board Member Allen requested that we refer to the study session as a meeting, so that they Board may vote if they wish to do so. Mr. Hunt replied that we will call it a Special Meeting, unless he determines that it needs to go into closed session following a conversation with Vice Chairperson Logan. Board Member Dunlap stated for the record: 1 have no concerns that the Charter Update Commission or the City Council will . consider removing the Civil Service System completely. Article Vlll, Section 803 requires a 2/3 vote of the people to remove or repeal the Civil Service System. With CS8 Minutes March 1, 2010 Meeting Page 4 of 8 • expected strong opposition to this from the Safety Employee Associations, it would not likely pass and would doom to failure the positive changes that need to be made to the Charter and to the Civil Service rules. With regard to Section 711 of the Charter, I believe that the provisions of 711, A through E, must be maintained as written. With regard to Ordinance 866, 1 do not believe that it should be replaced, but that certain provisions of 866 must be changed. Specifically ... • Anything not consistent with State and Federal law. Those notifications made redundant by "Skelly. " • Those sections that refer to °investigations" by the Civil Service Board in personnel appeals to be done prior to the start of a formal Board personnel hearing. Those sections that are too specific regarding what is involved in the testing process and who determines the content. • And, if it is a fact that there is a strong exposure to liability existing, remove the requirement for Civil Service Board Members to sit in on interviews for Police And Fire Chiefs. 1 believe a strong argument can be made for each of the other functions of the Board, including those in which the Board routinely approves job descriptions and promotion lists, and 1 can explain that in detail at the proper time. 1 do not believe that it would be burdensome for City staff to draw the appropriate changes in a timely manner. Staff certainly has the talent to do that. Further, there have been numerous references to the City Employee Manual and to the supposed protections It offers to City employees. That manual, which was written with input from the Civfl. Service Board and approved by it as supplementary to the Civil Service Rules, was never designed to replace those rules. It can be changed at any time by a simple majority vote of the City Council and thus does not guarantee Civil Service protection of due process to City Safety Employees. To answer Mr. Hunt's comment, 1 do not believe the City electorate will be concerned about complex issues involving personnel matters. They will approve with a majority vote if the initiative is unopposed and the System will be brought into compliance with current law and the protections inherent in the system will be preserved. I do not favor replacing Ordinance 866 with one that can allow a future City Council, by majority vote, to alter employee protections and 1 do not believe that the Safety Associations will support an ordinance that could erode their present protections. . • CSB Minutes March 1, 2010 Meeting Page 5 of 8 Vice Chairperson Logan expressed concern regarding Mr. Praet's recommendation that the Civil Service Board be disbanded. He feels Mr. Praet's approach to have only one level of documents may read better, but is unrealistic. Additionally, the role of the CSB is an independent body that is unbiased and is a way to solve problems without litigation. Board Member Allen reminded all that the CSB provides an open, transparent forum and believes the PMA Investigation would have gone to litigation in the absence of a Civil Service Board. In regard to the Charter, she doesn't see any conflict with current laws for Sections 711, 800, 801, 802 and 803, and she did not see any details outlined in the staff report referring to staff's concerns and why staff feels that these provisions, which guarantee the continuance of the Civil Service System to protect the rights of the employees, should be abandoned. Mr. Hunt said he hasn't made any recommendations, including abandoning Article VIII. Vice Chairperson Logan expressed that he believes Mr. Hunt's views to be the same as Bruce Praet's, of Lexipol, since he was the person who hired Mr. Praet. Ms. Cassidy reminded the Board that Mr. Praet was hired specifically for the PMA Investigation and because many of the City's governing documents are in contradiction with each other, difficult to work with and sometimes illegal. Mr. Praet's comments were his own recommendations, and she asked that the Board not focus on just Mr. Praet's recommendation, but the larger picture before them. Disbanding the Civil Service System was only one option of several, and she felt it would be more productive to address the other issues since staff was aware that the Board does not agree with Mr. Praet's recommendation. Chairperson Coulter opened it to public comment. There were none. Chairperson Coulter brought it back to vote for a Special Meeting. 5 Ayes, 0 No. 7. REQUEST APPROVAL OF THE UPDATED POLICE CHIEF JOB SPECIFICATIONS Ms. Cassidy announced that Chief Luman's contract will expire on June 30, 2010, and she explained that we are ready to start recruiting for a Police Chief. The updated Police Chief job specifications include the industry standard with emphasis on leadership traits. In addition, HR incorporated suggested statements from the Police Association (NBPA) and Police Management Association (PMA), and Eric CSB Minutes March 1. 2010 Meeting Page 6 of 8 n U Middleton, Alliance Resource Consulting, will be the executive recruiter, if approved. Ms. Cassidy asked Chairperson Coulter to select a second Board Member to serve on the Appraisal Board with him. Chairperson Coulter selected Board Member Dunlap, and asked that Board Member Allen be selected as an alternate in the event that Board Member Dunlap was familiar with an applicant. In addition, Ms. Cassidy requested approval to authorize the City Manager to obtain outside Police Chiefs to also serve on the Appraisal Board. A Motion was made by Board Member Allen to approve the updated Police Chief job specifications. Vice Chairperson Logan seconded the Motion. It was approved 5 Ayes, 0 No. 8. REQUEST APPROVAL TO OPEN THE POLICE CHIEF RECRUITMENT A Motion was made by Board Member Dunlap to approve opening the Police Chief recruitment. Board Member Allen seconded the Motion. It was approved 5 ayes, 0 No. 9. REQUEST TO VACATE THE FIREFIGHTER ELIGIBILITY LIST Ms. Cassidy explained to the Board that the current eligibility list is two years old, • and updated testing processes are being discussed. In addition, the Fire Department is working more closely now with HR and together are coming up with a more viable and appropriate testing process. Chairperson Coulter opened the discussion to the public. There were no comments. A Motion was made by Board Member Dunlap. Vice Chairperson Logan seconded the Motion. It was approved 5 Ayes. 0 No. 10. REQUEST TO APPROVE SENIOR ANIMAL CONTROL OFFICER ELIGIBILIY LIST A Motion was made by Board Member Logan to approve the Senior Animal Control Officer eligibility list. Board Member Dunlap seconded the Motion. It was approved 5 Ayes, 0 No. 11. FIRE DEPARTMENT STATUS REPORT Acting Fire Chief Dave Mais welcomed Fire Chief Steve Parker and recognized retired Fire Chief Steve Lewis for his three years of service. He continued and • informed the Board that: �J CSB Minutes March 1, 2010 Meeting Page 7 of 8 • The Junior Lifeguards have been testing for the last four weekends of February. • This weekend, the Seasonal Lifeguard pre -certification training will start and pick-up again in June. • Battalion Chief training was held in the Council Chambers for two Fire Engineers and one Fire Paramedic. Fire Chief Parker introduced himself to the Board and expressed his excitement for the opportunity to serve Newport Beach as the interim Fire Chief. 12. POLICE DEPARTMENT STATUS REPORT Captain Gazsi addressed the Board: • On February 20, approximately 400 candidates participated in the Police Lateral recruitment testing process. • Written tests for the Animal Control Officer, Police Dispatcher and Crime Scene Investigator positions occurred on February 27. • There were three graduates for the Orange County Sheriffs Academy on February 22. • A Police Recruit Officer is anticipated to graduate on May 19 from the Police Academy. • Police Officer Dave Moon is expected to retire this year. • Police Officer Glen Garrity, assigned to the Detective Division, retired on February 22. • Two Police Recruit Officers are anticipated to start the Academy on March 22. • Currently in the background process is one Lateral Police Officer and four Police Recruit Officers. 13. BOARD MEMBER COMMENTS Vice Chairperson Logan thanked staff for their good work and welcomed Chief Parker. Board Member Dunlap recognized and thanked City Manager Dave Kiff and Police Chief Bob Luman for their presence. 14. ITEMS FOR FUTURE AGENDAS Mr. Hunt will work with the Board Members to set up a Special Meeting, which was later determined to be Monday, March 8, 2010 at 8:00 a.m. in the City Council Chambers. CSB Minutes March 1, 2010 Meeting Page 8 of 8 15. PUBLIC COMMENTS None 16.ADJOURNMENT The Civil Service Board meeting adjourned at 6:17 PM. Terri L Cassidy, HR Director Secretary to the Board • 0 CITY OF 'NEWPORT BEACH CIVIL SERVICE BOARD STAFF REPORT Agenda Item No March 8, 2010 TO: HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD FROM: Terri L. Cassidy, Human Resources Director Ext. 3300-cassidy _NewportBeachCA.gov SUBJECT: CIVIL SERVICE BOARD AND SYSTEM - CHARTER UPDATE RECOMMENDATION: Consider issues related to Civil Service Board and System in the City Charter and make any recommendations regarding same DISCUSSION: At the March 1, 2010 Board meeting, City Attorney David Hunt submitted a report requesting the Board state their position on the issues that have been raised with respect to modernizing the Civil Service System (see attached report). As a method of continuing the conversation we would like to focus on the City Charter as that is the reason the Charter Update Commission was established. This report discusses Articles VII and Vlll from the City Charter (Civil Service) and provides consideration points to guide the Board in your discussion. We feel that by making recommendations on specifics in the Charter first, then hearing from recognized association leaders or other interested parties. the Board will be able to answer the questions posed by the City Attorney on March 1. ANALYSIS: CHARTER OF THE CITY OF NEWPORT BEACH Article VII Appointive Boards and Commissions Section 710. Civil Service Board. The Civil Service Board shall consist of five members, none of whom while a member of the board, or for a period of one year after he has ceased for any reason to be a member, shall occupy or be eligible for appointment to any salaried office or employment in the service of the City. The members of the Civil Service Board shall be nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed. Considerations: • Keep the Civil Service Board as outlined above. • Change the number of members. • Change the process of nominations ano appointments. • "Classified Service" has been interpreted to mean employees within the Police and Fire Departments, but is has not been defined in the Charter or Ordinance. When originally established, and prior to the Police Employees' Association including non -sworn employees, this could have meant only Sworn Safety Employees. Change the language to clarify. • Eliminate the Board and remove Article VII from the Charter. Section 711. Civil Service Board. Powers and Duties. The Civil Service Board shall have the power and duty to: (a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of civil service rules and regulations. Considerations • No changes. • Change the language to have the recommendation go to City Manager for submission to Council (See Article V. City Manager. Section 504 (a) & (h) attached). le (b) Act in an advisory capacity to the City Council on problems concerning personnel administration. Considerations: • No changes • Change the language to have the Board be advisory to the City Manager on problems (c) Hear appeals of any person in the City employment relative to any suspension, demotion or dismissal and make findings and recommendations thereon. Considerations • No Changes • Change the language to clarify "any person in City employment who is currently not excluded from Civil Service as outline in the Charter." (d) Make any investigation concerning the administration of personnel in the municipal 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. Considerations. • No Changes. • Change the language to allow requests by City Manager -or designee." • Change the language to clarify those who can make the request (i.e. 'organized City Employees' Association" should be replaced by "Exclusively Recognized Bargaining Unit"). (e) Perform such other duties as may be prescribed by ordinance. Considerations. No Changes. Change the language to state as may be prescribed "by resolution or ordinance approved by the City Council " CHARTER OF THE CITY OF NEWPORT BEACH 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. Considera;;ons: • Keep the Civil Service System as outlined above. • Change the language in regard to inconsistencies to add -or other applicable law " Eliminate the System and remove Article Vlll from the 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. 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) Considerations • No Changes. • Change the language from "full time regular and permanent positionsto "Regular Full Time positions in the employment of the Police and Fire Department(s)" in order to clarify the type of employee included in the system. • Changeladd exemption language to the following 2. City Manager. Assistant City Manager, Executive Assistant to the City Manager City Attorney, Assistant City Attorney, City Cleric. and all Department Heads. Assistant and Deputy Directors. 3. Members of appointive boards, commissions and committees. 7 Such other positions as the city council shall designate, by resolution. 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. Considerations. • No Changes • Change the language to give Council the power to withdraw a department, appointive officers or employees by resolution or ordinance instead of going to the electorate. CONCLUSION: The Charter Update Commission will be meeting on March 16, 2010 to review sections of the City Charter relative to the Civil Service System and Board. Included in the report to the Commission will be the Civil Service Boards recommendation(s) as well as City staff's alternatives regarding these issues. The purpose of this item is to facilitate the discussion and to reach consensus among the Board on the potential changes to City Charter sections. With regard to Ordinance 866 (Civil Service). City staff recommends the ordinance be repealed and a new ordinance be written reflecting current law, professional personnel practices and to ensure the protection of employees' rights, such as the right to privacy, liberty and property interests and those afforded by collective bargaining. If the Board concurs that Ordinance 866 should be repealed, a thorough analysis of the current ordinance will need to be completed in order to draft a product that will serve the City and its employees into the future. Submitted by. HUMAN RESOURCES DEPARTMENT By� Terri L. Cassidy, Human Resources Director Attachment 1- March 1. 2010 CSB Staff Report Attachment 2 Charter of the City of Newport Beach. Arlec:e V City Manager Attachment 3: City of Newpo-t Beach Municipal Code Chapter 2 24, Civil Service System C) l� ATTACHMENT 1 March 1, 2010 CSB Staff Report 0 ( . D J CITY OF NEWPORT BEACH CIVIL SERVICE BOARD STAFF REPORT Agenda Item No. March 1. 2010 TO: HONORABLE CHAIR AND MEMBERS OF THE CML SERVICE BOARD FROM: David R. Hunt, City Attorney ext. 3131, h chca. v SUBJECT: Recommendation for Modemiizadon of City Personnel System Specifically Addressing Civil Service Modernization ISSUE: What, If any, reoommendation does the Civil Service Board (Boardl have for modernization of the Civil Service System (aSystem7 of the City of Newport Beach Staff reoommends the Board give its express recommendations on the Issues that have been raised with respect to possible modemization of the System. In order to achieve this end, staff recommends the Board address by express motion the following issues specifically, and any other issues it believes are important. lll•1!1i!`rl!•�,a1.�iL� !i� 11= r = / • .Lh 1 = i� (la= Ira - 1►�•�,�`j��ll If the answer to question No. 1 is "no,' proceed to question No. 2. If the answer is rjres" then no further questions need be addressed. 1 • . �• •.t! J =.1 ►: : L.= •;�: / 'L • : r : t: r j:1101 / =.1 t• t` r: L[:.N : • r s : �H w•. 1 7 {I . a•/ L� r�•y: r L • rL : .r: • aJ 41.S.r L• If the answer to question No. 2 is 'no,' proceed to question No. 3. tf the answer Is *yw." proceed to question No. 4 skipping Question 2 entirely. / -/ • r �: ?5-M-1-1, ZT- s 112 127 : 1• L41y1 !J ..1 • !L : • • ls�� a. Bring It Into consistency with the California and Federal Const hotiorm Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 2 b. Modify or eliminate any of the four functions performed by the Board in the context of the ordinance; (1) Overseeing the recruitment process for all avis service employees, as well as performing a role in the selection of the Police Chief and Fire Chief and acting as an appellate body on recruitment issues;' (2) Functioning 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 ("EPM'), that are appealed to its level; (3) Conducting investigations as requested by either by the City. Council, the City Manager, or an organized employee's association within the System; and/or (4) Overseeing the System as a whole and making recommendations to the City Council as to any changes the Board believes are appropriate. Once Question No. 3 is answered, you may skip to Question No. S. 4. !f the X1060 jk9gm ardinanxa now ordingag e. whet mtQ&Actfdns do you rewmimngL the &jr 9 continue Lq? . You may recommend no change, modification of the roles, or elimination of any of the four roles played by Board: a. Overseeing 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 acting as an appellate body on recruitment issues; b. The functioning as a discipline appeals board, reviewing any decision to fdiscipline civil service employees and also for non -civil service employees under the City's EPM that are appealed W its level; I C. Conducting investigations as requested by either by the City Council, the j City Manager, or an organized employee's associatio.h within the System; + and/or; f 1 You have recommended that" candidate appeals issue be moMed -and that recommendation has' been accepted by the Council. That will be processed no matter of the ouboma of the Charter update. prooess. Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 3 d, Overseeing the system as a whole and making recommendations to the City Council as to any changes the Board believes are appropriate. • • (.5.14.:, • : ��• : 1• ♦ t - � ! � �� : • . ! . - ±i•..11ll • 1• � • • '" • �: � 1 : � ,-.III•-: 1 j • ..L• : • tis • • _� • : This ends the specific questions. Whatever the Board's recommendations regarding the maintenance of the System or it's modification, staff recommends at least two changes for the purposes of modernization and efficiency; 1. Replacement of initiative passed Ordinance No. 866 with an ordinance passed by the City Council to allow for updates and modernization without having to go to a vote of the people as personnel procedures and laws change;and 2. Creation of a management buffer outside of the System to assist the chief officers in performing their duties and running their organizations. -� D4OCUSSION• We are seeking your recommendations on the policy decisions dealing with the Ws personnel system, specifically the review of the Civil Service System. We ask you to address the broad policy questions and give specific direction on those questions. 1. QMgIng Civil Service System, Our System has been in place since 1958. As outlined in our staff report to you for your January 2010 meeting, many changes have developed in personnel law dealing with public employees in California since that time. Modem personnel practices must comply with all those changes in the law or subject the City -to potential liability. Additionally, the City has adopted a City Manager/Councll form of government. In effect, this form of government puts the personnel decisions of ft City under the direct responsibility of the City Manager and not the City Council. Thus, City personnel, with the exception of the City Manager, City Cleric, and City Attorney, are buffered from the political process and can be selected and promoted on the basis of merit. The System adds to this protection by giving an overlay of further process on top of this fundamental protection in the division of authority. Honorable Chair and Members of the Civii Service Board March 1, 2010 Page 4 The most fundamental change in the law dealing with public personnel issues In Califomla rests in the conclusion by the California Supreme Court in Skelly vs State Personnel Board, (1975) 15 Cal, 3d 194, that public employees have a property interest In their employment. As such, a public employee must be provided due process of law before that property interest can be changed or taken. As a result, whether or not there Is a System in place, no public employee may be substantially disdplined or discharged without being provided procedural due process recognized under the Califomia and United States Constitutions. Civil Service Systems such as ours provide an added layer of process and protection to public employees on top of the already substantial protection afforded public employees by the California Supreme Court in its decision. Additionally, the City has Its own EPM, which was approved by the Council through adoption of a resolution on December 11, 2001. The F_PM also provides protection to all City personnel, and it specifically provides procedural protections to non -Civil Service employees of the City, thus carrying out the dictates of the Supreme Court under the Skelly declsion. Additional protection is also provided by labor agreements. All city Civil Service employees have representation through their labor organizations. All aManizations have Memorandums of Understanding ("MOUmf with the City. These MOUs have protections built into diem, including grievance procedures for addressing issues arising out of the agreement. Further, employees' are also protected by anti -discrimination laws enacted by the State of Calffomia and the UnJted States. Thus, there is a complex web of laws providing protections for City employees with at least four separate elements. In light of the substantial protection either Instituted by the courts or enacted by the legislature, the trend In California is for either the elimination of the civil servtoe systems or modifications of the system so they do not duplicate In overly complicated and already complex area of the law. Staff recommends the Board finalize this issue by asking itself the question as to whether or not if feels the System provides a substantial benefit to the City. If it does, the System should remain in effect and it would be your recommendation to not repeal Article Vill of the Charter. If the System does not provide a substantial benefit to the City, then Article VIII of the Charter should placed before the voters for possible repeal? This term Is simply a `term of art' In the area of employment law that Is used to describe a contract between a labor organization and an employer. 9 As we have reported in the past the Civil Service System is enabled and based upon Ankle \111 of the Charter. It is then given substance by ordinance 866 (Newport Beach Municipal Code ("NEMC*) Chapter 2.24). 2. Modification of System. Honorable Chair and Members of the Civil Service Board March 1, 2010 Page S Assuming the answer to the question of whether or not the System should be eliminated Is "no," the Board then needs to face the question of whether or not the System should be modtfled in order to modemize it for efficient government purposes. If modernization is appropriate, staff recommends the consideration should focus on retaining the core protections the Board feels are important while making the System easier to administer. Thus, the Board should address the question of whether each of the functions performed by the System provides substantial benefit to the City. The Board can recommend keeping all roles that provide a substantial benefit and recommend eliminating those roles that do not provide such a benefit. As discussed, there are four roles to consider. a. Recruitment Oversiaht. Civil Service System provides rules for recruitment and promotion within the City. The Board oversees every recruitment process and promotional process provided to Civil Service departments. It performs this function by approving tgsting procedures and advertisement prior tea the process beginning. The Board then certifies any employment list created by the process and hears any appeals from the process. It is noted that the City's EPM also provides for recruitment, appointment and promotion with substantial protection for the employees in the process and protections of the merit based nature of the personnel system. (EPM sections 5 and 6.) Review of the Board's records over the last five years reveals that it has not modlfled substantially any recommendation regarding any recruitment process presented by staff. It has not ever refused to certify an employment list. b. Discipline Aomals Board Function. The Board Is charged with, hearing appeals from disciplinary decisions within the System, and also has a role outside of the System pursuant to the EPM to hear such appeals. In this capacity the Board serves as an objective fact finding body determining contested issues and appropriateness of discipline in the System's setting. The Board's decisions on appeals from discipline in the System are final. It has performed role of a. discipline appeals board up to six times over the course of the fifteen years. Employee procedural due process rights are also protected Under section 13 of the EPM. It is also noted that the Board ads as a recommending appeals board for all non - Civil Service employees In the City, making a recommendation to the City Manager In matters of contested discipline. (EPM section 13.4.) The final decision, however, rests with the City Manager in the context of non -civil service employees. Honorable Chair and Members of the Civil Service Board March 1, 2010 Page B C. Investigative Function. The Board performs its Investigative function when requested by the City Manager, the City Council or a recognized tabor organization. It looks into issues arising under the System to make recommendations, if any, for modification of the System or to address Issues as needed to accomplish the purpose of the System. Our review of City records indicates that that function has only been performed once in the Board's history. That one time arises from the Police Management Association's request for an investigation arising out of the promotional processes of the Police Ceparbmnt that went forward last year. The Board played an important role in assisting and addressing the Issues raised in that Investigation. To date, It appears that the resolution achieved has been accepted by all Interested parties as at least appropriate. The Board oversees the implementation of the System in the City and makes recommendations to the City Council for its modification. Multiple recommendations have been made for modification arising from the business of the Board last year. One such modification is the Board's recommendation to eliminate a candidate's right to appeal a decision to not hire that Individual. In addition, several recommendations were made in the context of the police promotional investigation. 3. lbdating Existing Ordinance. Staff recommends against updating the existing ordinance. To perform this task, we would need to go through and identify each individual problem area, draft appropriate language, and recommend an update of the ordinance be placed on the ballot of November 2010. The process of updating an initiative ordinance is time consdming and costty. It puts complex Issues regarding personnel law of the City into the voting box. It would be dtfflculi and unfair to ask the electorate to analyze all of the complex Issues that would be raised with respect to updating the System. Alternatively, staff recommends replacement of the ordinance, keeping the portions'that provide substantial benefits to the City, with an ordinance adopted by the City. Council. This approach would allow for the modification of the ordinance as the law changes and personnel practices develop. Should the replacement ordinance option be chosen, staff will proceed to draft a replacement ordinance for consideration by the City Council that incorporates the functions of the System that benefit the City. The replacement of our ordinance will be presented to the Council prior to the election in November. If adopted by the Council, the replacement ordinance will take effect only If the former ordinance is repealed by the voters. In this manner, we could update and modify the System, bringing it current Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 7 with existing law and providing for effident government, while allowing for subsequent modification as needed by the City Council action. 5. Assistant/Deputy Chief level. Staff recommends modifk:ation of the Charter to allow for creation for what In effect is an Assistant/Deputy Chief position or positions in each public safety department, regardless of the name assigned to it. The position or positions would not be in the System nor represented by organized labor. At present the two Chief Offioers are the only persons in their departments not organized and not in the System. They have no backup at their executive management level that does not have any potentially competing interest to the Interests of the departments who can act fully in their place. Based upon the above, staff recommends modification of the Charter so that there can be an exemption from the System of an Assistant/Dep* Chief level of executive management officers between the two Chief Officers in fulfilling their roles as within their departments. This exemption would be consistent with the existing Charter provisions that exempt out Assistant City Managers and Assistant City Attorneys. (Charter section 802.) CONCLUSION: Staff seeks the recommendation of the Board with respect to the above complicated issues. We have tried to break them down into their component parts so you can address them one at a time. We ask that you take action on each specific question so we can give express recommendation as to the Charter Update Commission and to the City Council. Prepared and submitted by: Office of the City Attorney Hunt cc: Dave Kiff, City Manager Terri Cassidy, Human resources Director Teri Craig, President, City Employees Association Chad Ponegalek, Presidertt. Firefighters Association Honorable Chair and Members of the Civil Service Board March 1, 2010 Page 8 Dave Mais, President, Fire Managemnt Association James Randal, President, League Employs" Association Brent Jacobsen, President, Lifeguard Management Association David Syvock. President, Police Employees Association Tom Gazsi, President, Polioe Management Association Mel Fteener, President, ProfessionaVrechnical Association Josh Yocam, President, Association of Newport Beach Ocean Lifeguards President, Part -Time Unit (A09-0a=j - Al8r0l-h4od&79zo tan J ATTACHMENT 2 Charter of the City of Newport Beach, Article V, City Manager CHAR"I't;R OF THE CITY OF NEWPORT BEACI I Page I of 2 Article V t City Manager Section 500. City Manager. There shall be a City Manager appointed by the City Council who shall be the chief administrative officer of the City. In the selection of a City Manager the City Council shall screen all qualified applicants and other qualified persons known by the Council to be available. It shall appoint by a majority vote, the person that it believes to be best qualified on the basis of his executive and administrative qualifications, with special reference to his experience in, and his knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall serve at the pleasure of the City Council. Section 501. Residence. The City Manager need not be a resident of the City at the time of his appointment, but he shall establish his residence within the City within ninety days after his appointment, unless such period is extended by the City Council, and thereafter maintain his residence within the City during his tenure of office. Section 502 Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council nor within one year after he has ceased to be a City Councilman. Section 503. Compensation and Bond. The City Manager shall be paid a salary commensurate with his responsibilities as chief administrative office of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond in such form and in such amount as may be determined by the City Council. •Section 504. Powers and Duties. ` The City Manager shall be the head of the administrative branch of the City government. He shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: (a) Appoint, and he may suspend or remove, subject to the provisions of this Charter, all department heads and officers of the City except elective officers and those department heads and officers the power of whose appointment is vested by the Charter in the City Council, and approve or disapprove all proposed appointments and removals of subordinate employees by officers or department heads. (b) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding fiscal year. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by ft. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him by the City Council. . ' Section 505. Meetings. The City Manager shall be accorded a seat at the City Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. httn://www.codenublishinp-.com/CA/NlewDortBeachPubmUNewuortBeachCH.html 03/04/2010 CHART ER OF THE CITY OF NEWPORT BEACH Page 2 of 2 Section 506. Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and 'upon the affirmative votes of a majority of the members of the City Council. Section 607. Manager Pro Tempore. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager pro Tempore during any temporary absence or disability of the City Manager. If he fails to make such appointment, the City Council may appoint an officer or department head to serve as such Manager Pro Tempore. http-//www.codepublishing.con/CA/NewportBeachAhtmi/NewportBeachCH.htrnl 03/04/2010 ATTACHMENT 3 City of Newport Beach Municipal Code, Chapter 2.24, Civil Service System Chapter 2.24 CIVIL SERVICF=. SYSTEM* Chapter 2.24 CIVIL. SERVICE SYSTEM* Sections., Z24 Q10 Definitions. 2.24 Q20 Inclusion in System. 2.24.030 Purpose of System. 2.24.040 Board Established. 2.24-05 4 Responsibilities and Authority of Board. 2.24060 Responsibilities and Authority of City Manager. 2.2 070 Appointments. 2.24.08p Recruitment and Selection. 2,24:09Q Employment Lists. Z.24.1Q0 Selection of Fire and Police Chiefs. 224.11 Examination Announcements. 2.24.120 Inspection of Examination Papers, 22 4.13 Conditions for Employment. 2:24.140 Employee Appeals. 2,24,15Q Grounds for Demotion, Suspension or Discharge. 224.160 Board Hearings. 2,24.170 Political Activities. Z24-1 00 Status of Prior Employees. 2.24.190 Conflicts with City Charter. 24.29_0 Codification Conditions—Amendments. 2.24_2jQ Penalty for Violation. Page l U7 " Ordinance 866 from which this chapter was derived is an initiative ordinance and maybe repealed or amended only as provided in Section22. 4,200. 224.010 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 2.24070; 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.Qu. 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. .1 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 httv:l/www.codepublishing.con/CA/NewportBeachlhtmilNewi)odBeach02lNewportBeach0224.htm] 03/04/2010 Chapter 2.24 CIVIL SERVICE SYSTEM* Page 2 of 7 examinations which are used by agencies other than the City of Newport Keach. Demotion. The term "demotion" shall mean the reduction of an employee from a position in one class to a position in another class which has a lower maximum rate of compensation. Department Head. The term "department head" shall mean an employee who is the head of an established office or department. Discharge. The term "discharge" shall mean the termination of a regular employee pursuant to Section 22. 4.140. 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,,24.09Q 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 22.4-Q, Layoff. The term "layoff shall mean, as an economy measure, the separation of an employee because of lack of work or lack of funds. Open Recruitment. The term "open recruitment' shall mean a recruitment that is not restricted to City employees. Original Appointment. The term `original appointment' shall mean a person's first appointment as an employee of the City of Newport Beach, Permanent Position. The term "permanent position" shall mean a position that is expected to exist indefinitely. Position. The term "position` shall mean a combination of current duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis. Probationary Status. The term "probationary status" shall mean the status of a person who has acquired a -. probationary appointment. ;\ Probation Period. The term "probation period" shall mean a working test period that is part of the selection process and during which an employee is required to demonstrate his fitness for the duties of the position to which he has been assigned by actual performance of such duties. Promotion. The term "promotion' shall mean the advancement of an employee from a position in one class to a position in another class which has a higher maximum rate of compensation. Promotional Recruitment. The term "promotional recruitment" shall mean a recruitment that is restricted to City employees. 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 parOcipate 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" small 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. httn://www.coder)ublishin2.cornICAINewnortBeachlhtmUNewvortBeachO2lNewDortBeachO224.ht W 03/04/2010 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 �J 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 502, 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 servlce 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 polities 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 )1subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoenas shall Jsubject 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.codepublishing.com/CAINewportBeachlhtrillNewportBeach02lNewportBeach0224.htrW 03/04/20I0 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 to the Board. The City Attorney shall approve the legality of such amendments prior to their submission by the Board to the City Council for its approval. Rules and regulations shall be adopted by motion of the City Council. B. Class Specifications. 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. 666 § 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 willing to 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 Ilmited 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, 1M) 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 httDJlwww.codepublishiag.comlCAINTewportBeach/htrnUNe%vmrtBeach02lNewportBeachO224.htm1 03/0412010 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) 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 Gass 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 tack 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 maybe 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) 2.24.100 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 (fled 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 fncfuded 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 sated 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 Board. (Ord. 866 § 10; November 24, 1958) 2.24.410 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 h"://www.codet)ublishiniz.cam/CA/NewportBeach/hmiUNewportBe,ar,hO2/New portBeachO224_html 03104/2010 Chi pter 2.24 CIVIL SERVICE SYSTEM* Page 6 of 7 department, and at such other places as the Board deems appropriate. (Ord. 866 § 11; November 24, 1958) 2.24.120 Inspection of Examination Papers. A. in General. The examination papers of candidates are not subject to inspection by the public. Upon t 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 grounds for discharge from the City service as described in this chapter. This provision shall not apply to an employee who resigns from a position in the system and, without a break in his continuous service with the City, is appointed to an exempt position. (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 famish 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 ,0.following 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 httpl/www.codepubIishing.comICA/NewportBeach/hwiUNewportBeachO2lNewportBeachO224.htm1 03/04/2010 Chapter 2.24 CIVIL SERVICE SYSTEM'S 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 I 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 ~tdecision as set forth in Section 2.24.160. E. Findings. The Board shall certify copies of its findings and decisions to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board's 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 • )who 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 Condltlons-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 Ordinance 2009-32, passed January 12, 2010. Disclaimer: The City Clerk's Offloe has the official version of the Newport Beach Munidpal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City website: http://www.newportbeachca.gov/ Qty Telephone: (949) 644-3005 Code Publishing Company http://www.codepublishing.wmICAINewportBeachlhtniUNewportBeaohO2lNewpor(BeachO224,hhW 03/04/2010 • • CIVIL SERVICE BOARD MEETING MINUTES DATE: March 8, 2010 8:00 AM — 10:05 AM BOARD: Doug Coulter, Chairperson Hugh Logan, Vice Chairperson James "Mickey" Dunlap, Board Member Debra Allen, Board Member Maiqual "Mike" Talbot, Board Member STAFF: Terri L Cassidy, Human Resources Director/Secretary to the Board David Hunt, City Attorney Jyll C Ramirez, Administrative Assistant to the HR Director 1. FLAG SALUTE The Pledge of Allegiance was led by Board Member Allen. 2. ROLL CALL All Board Members were present. 3. CONTINUED DISCUSSION FROM THE MARCH 1, 2010 CSB MEETING ON CIVIL SERVICE BOARD AND SYSTEM — CHARTER UPDATE Vice Chairperson Logan asked Mr. Hunt if he is recommending to the City Council that he wants the City of Newport Beach to be governed by general law instead of the City Charter, Mr. Hunt replied that he is a strong advocate of the Charter. Mr. Hunt reiterated that his job is to research and obtain information for the City Council so that they may make the best decisions for the City of Newport Beach and to make sure that they function within the laws. Ms. Cassidy explained that the Charter Update Commission (CUC) is charged with deciding which City governing documents should be updated and need to come into compliance with current State and Federal laws. The primary question is how do we continue to work under the Charter in a Civil Service System so that it is fair, non- discriminatory, respectful of sound practices, cooperative and reasonable in light of all of the changes that have occurred since 1958. Although the question has been posed on whether or not the Civil Service System should be disbanded, it has never been recommended by staff. Human Resources has researched 54 different cities and discovered that five of them have chosen to dissolve their Civil Service System. However, a majority of them have different variations of the System, which include a CSB Minutes March 8, 2010 Special Meeting Page 2 of 8 span from covering Police and Fire employees only to covering all City employees. Some other options include a stronger System with additional responsibilities or eliminating monthly meetings. Ms. Cassidy told the Board that eliminating the Civil Service Board will not be her or Mr. Hunt's recommendation to the CUC and requested that the Board not focus on Mr. Praet's recommendation for this meeting and to concentrate on modifying the Charter and Ordinance 866, which was first created in 1942 depicting the Civil Service Board as a trial board before being modified in 1958. Ms. Cassidy requested the Board's recommendation. Chairperson Coulter asked Mr. Hunt if he agreed with Ms. Cassidy's statement. Mr. Hunt replied that he did and has never said anything different. Board Member Coulter stated for the record: The Civil Service Board functions as a fair and impartial governing board designed to assist both the City employees as well as the citizens of Newport Beach. It offers a professional group of experienced business people who are carefully selected to help guide successful resolutions of personnel and policy issues, all without charge is to the City itself. The Board fulfills a vital role, especially considering the current lack of employee performance reviews. Board Member Coulter directed the focus to Section 710, which explains how the Board is selected. Board Member Logan shared some of his opinions: • He prefers a five -member Board. • He is in favor of two Board Members being included in the interviews for the Fire and Police Chiefs. • He raised the question of who else could be chosen that may have better knowledge of the function. • He would prefer to not have the City Manager pick the interviewers so that there would be no perception of conspiracy or having too much power. • He would like to see all Safety Employees in the City covered by the Board. • He does not advocate a role in the hiring of the Department Directors. • He does not want to eliminate the Civil Service Board, because he believes the Board protects the City from litigation. • He concluded by stating that the Civil Service Board is fair and has integrity. 0 CSB Minutes March 8, 2010 Special Meeting Page 3 of 8 r-1 Board Member Talbot asked what is the significant requirement that should be recognized to fall within the System, as the "Classified Service" appoints two of the members. Ms. Cassidy explained that, as it currently exists, it is not clear who can come before the Board. She continued to inform the Board that there are both sworn and non - sworn employees in the same bargaining unit (e.g. Police Association), and because of the wording, they may all come before the Board and be included in the System. She told the Board that if they believe it is clear enough, it does not need to be addressed. Board Member Dunlap understands that there are others areas of the Charter that also need to be changed, but have nothing to do with the CSB. He is in favor of having another upper-level management position in a department that is not in an employee association. In addition, he believes Ordinance 866 should be the prevailing document and pointed out that the City's Employee Policy Manual can be changed by the City Council at any time, whereas Ordinance 866 may only be changed by majority vote of the people. Therefore, if the City Council could change the integrity of Ordinance 866 by a vote of four members, they could change the protection for the Safety Employees which could be used as a bargaining tool during meet and confer. Board Member Allen asked the Association Representatives for input. She suggested that the Motion include a change in the language from "classifications" to naming the five bargaining units protected by the Board (NBPA, PMA, LMA, FMA and NBFA). Ms. Cassidy cautioned the Board that the names of the Associations could change under Meyers-Milias-Brown, and the purpose in defining the Classifications is only to determine who is making the nomination of the two Board Members. Chairperson Coulter opened the discussion to the public. No comments were made. Board Member Talbot asked what the procedure was to incorporate the Board's suggested changes. Mr. Hunt explained that he would draft the changes recommended by the CSB and present it to the City Council, who would have to put it on the ballot to vote in June 2010. • CSB Minutes March 8, 2010 Special Meeting Page 4 of 8 • Board Member Dunlap requested to address Ordinance 866, and explained that he is in favor of updating it to comply with current laws, but still provide protection through the initiative process. Board Member Allen suggested that they go over Ms. Cassidy's staff report before addressing Ordinance 866. Ms. Cassidy agreed with Board Member Allen's suggestion, because any changes to the sections in the Charter could affect Ordinance 866. A Motion was made by Board Member Dunlap to make no changes to Section 710 (Civil Service Board) of the Charter, with the understanding that changing the language from "Classified Service" to "Associations" will be addressed in a different document. Chairperson Coulter seconded the Motion. It was approved 5 Ayes, 0 No. A Motion was made by Board Member Talbot to make no changes to Section 711, A through E, (Civil Service Board. Powers and Duties.) of the Charter. Board Member Dunlap seconded the Motion. It was approved 5 Ayes, 0 No. Ms. Cassidy advised the Board that they may change their own rules, so that any changes or concerns may be addressed later. 0 A Motion was made by Board Member Dunlap to make no changes to Section 801 (System to Be Maintained.) of the Charter and keep the Civil Service System as outlined. Vice Chairperson Logan seconded the Motion. It was approved 5 Ayes, 0 No. Chairperson Coulter requested that the Board move forward to Section 802 (Positions Included in the System). Ms. Cassidy described a scenario for the Board in which a Department Director or Chief is out for a period of time. Typically, the Director would designate an employee to act on their behalf and make decisions based on what is in the best interest for the department and City. When that designee is also holding a key position in a bargaining unit, a division of loyalty may occur. Vice Chairperson Logan asked if this person would be an outside professional or a person that has been selected by the Chief or Director with domain knowledge. Ms. Cassidy explained that the details have not been worked out, but that the individual's position and knowledge would ideally be similar to the Chief. They would have to step in and be able to direct the department in the Chief's absence. • CSB Minutes March 8, 2010 Special Meeting Page 5 of 8 A Motion was made by Board Member Dunlap to accept the recommended changes to Section 802.2 to read: City Manager, Assistant City Manager, Executive Assistant to the City Manager, City Attorney, Assistant City Attorney, City Clerk, all Department Heads, and Assistant and Deputy Directors. Section 802.3 to read: All Members of appointive boards, commissions and committees. Section 802.7 to read, Such otherpositions, outside the system, as the City Council shall designate, by resolution. The Motion was seconded by Chairperson Coulter. Chairperson Coulter opened the discussion to the public. , Lifeguard Management Association (LMA) President Brent Jacobsen addressed the Board to emphasize the importance of specifying who is included in the System by job titles and/or what the duties are of the positions. He explained that during his career the name of his Association (currently LMA) has changed three times and includes part-time employees and public safety employees. His second comment addressed the Deputy or Assistant Chief position discussion, and he stated that he feels strongly that this position be occupied by a current staff member that holds institutional knowledge, instead of going outside the City. Board Member Allen responded to Captain Jacobsen by letting him know that she is apprehensive to put specific titles in the Charter, since job titles may change. She is more comfortable with "safety employees." Fire Management Association (FMA) Vice President Ralph Restadius also expressed his concern of how the Assistant or Deputy position will be picked (i.e. internal or external) and whether it will it be an at -will position similar to the Chiefs. Ms. Cassidy explained that the person would be selected through a process and would be at -will. Firefighters Association (NBFA) President Chad Ponegalek believes that the position would be desireable, but is concerned about the position being at -will. He explained that he thinks some qualified candidates will be less inclined to apply for the postion because they will lose their protection. He is also not in favor of this person being an outside candidate. Vice Chairperson Logan would like the particulars of the Assistant/Deputy position before he will vote for or against it. Board Member Dunlap reminded Vice Chairperson Logan that the Board is only making a recommendation to the City Council whether or not to consider revising it for the Charter, and he expressed his favor and believes it presents a positive promotional opportunity. CSB Minutes March 8, 2010 Special Meeting Page 6 of 8 • Board Member Allen agrees with Board Member Talbot's philosophy in that the Departments can already create a Assistant/Deputy Chief position that is still protected by CSB. She doesn't see the need to take them out of the System/Associations. Ms. Cassidy explained that mixed loyalties may exist when a senior management staff member steps into the role of Director, while serving on an Association Board. Chairperson Coulter brought it back to vote. The Motion did not carry 2 Ayes, 3 No (Logan, Allen and Talbot). Board Member Allen made a recommendation to change the language for Section 802 from "all full-time, regular and permanent positions or employement in the Police and Fire Department..." to "all safety positions." The Board requested that staff re -draft, and bring back to the Board, Section 802 to include all safety employees including all Police and Fire Department employees. This language would include Lifeguard safety employees should they ever separate from the Fire Department, which has been done in the past. A Motion was made by Vice Chairperson Logan to make no changes to Section 803 • (Withdrawal From System) of the Charter. Board Member Allen seconded the Motion. It was approved 5 Ayes. 0 No. Chairperson Coulter opened discussion of Ordiance 866. He informed Ms. Cassidy that the Board is not in agreement with staffs recommendation to repeal the Ordinance. Board Member Dunlap re -stated his remarks from the March 1, 2010 meeting (included in the March 1 Minutes), Board Member Talbot favors necessary corrections only to the Ordinance. A Motion was made to retain Ordinance 866 with the exceptions of any updates due to State, Federal and local laws and reserve conflicts as long as they don't dilute the CSB protection through the initiative process by Board Member Dunlap. Board Member Talbot seconded the Motion. LMA President Brent Jacobsen commented that he believes it is of utmost importance that the CSB be impartial and maintain disciplinary protection. The second important point is that the perception of the ethical wall is problematic. n u CSB Minutes March 8, 2010 Special Meeting Page 7 of 8 0 NBFA Vice President Brian McDonough agrees that updates need to be made while still providing the protection of the CSB. He has found that some the the Charter restrictions have bound HR and unnecessarily slowed down the recruitment processes. He believes it can and should be streamlined. PMA President Tom Gazsi expressed his support of separating and defining the codes, because of the added burden to already complex situations, like the PMA Investigation. He also advised the Board that it was never his interpretation that Mr. Hunt was recommending or wanting to move towards a general law. Mr. Gazsi expressed his appreciation for the protection of the Civil Service Board. Chairperson Coulter brought it back to the Board to vote. It was approved 5 Ayes, 0 No. 4. BOARD MEMBER COMMENTS Chairperson Coulter asked Mr. Hunt how he could uphold an ethical wall when the Board and he have different opinions with regard to the Charter Update. Mr. Hunt explained that an ethical wall has nothing to do with this position. He reiterated that he has never recommended that the CSB be disbanded and that his motive has always been to seek the Board's recommendation for the Charter Update Commission. Board Member Dunlap explained to Mr. Hunt that the Board is uncomfortable with him being their representative because they feel that they have a different view than Mr. Hunt. Mr. Hunt explained that he represents the City as a whole, not just the Civil Service Board. He continued to explain that his job is not to advise the Board as to what recommendations they should make, but to provide legal assistance to the Board so that they may make a decision or recommendation. Board Member Allen informed Mr. Hunt that she does not believe an ethical wall can exist within his office when all of the other staff members work for Mr. Hunt and that he can not remain impartial when it comes to his employees. Mr. Hunt explained that he and all of the Attorneys in his office work for the City. Mr. Hunt continued to explain his function/role as the City Attorney and does not take a position or decide who is right or wrong in a disciplinary issue. His job is to set the boundaries and advise what is legal. r1 LJ CSB Minutes March 8, 2010 Special Meeting Page 8 of 8 5. ITEMS FOR FUTURE AGENDAS None 6. PUBLIC COMMENTS None 7. ADJOURNMENT The Civil Service Board meeting adjourned at 10:05 AM Terri L Cassidy, HR Director Secretary to the Board • CSB Comparison (Orange County Cities) 3/2/2010 Orange County Cities Board or Role/Duties as outlined in Charter or Personnel System (C) = Charter City Commission? Name Municipal Code in Municipal Code City of Aliso Viejo No Unavailable City of Anaheim (C) No _ _ Yes City of Brea No — -- -- _Yes i 28 ICity of Santa Ana (C) 29 City of Seal Beach (C) 1City of Stanton --.31 i Citv of Tustin 'City of Westminster City of Yorba Linda Yes Personnel Board Civil Service Board - No Disbanded in 2006 Hear disciplinary appeals; advisoryfor matters requested by Council or Manager; by its own 'motlon, study/investigate for the forming of j civil service polices; conduct public hearings on proposed amendments to or repeal of civil .service rules and advise Council Yes No No No Hear appeals; hold hearings and make recommendation on any matter pertaining to Yes_ _ Personnel Board personnel administration; Hear appeals submitted by any person in the Personnel Board competitive service relative to any disciplinary (made from members actions, Including dismissal and demotion, and Yes of City Council) to certify its findings and recommendations. Yes Yes Yes Yes Hold hearings regarding personnel rules and revisions and/or amendments; receive and hear 4 City of Buena Park (C) Yes Personnel Board appeals. _ Yes Yes 5 City of Costa Mesa No _ 6 City of Cypress (C) No Yes 7 8 City of Dana Point City of Fountain Valley No 1No _ I _ _ _ Yes Yes 9 10 City of Fullerton City of Garden Grove . No ',No Yes Yes Advisory, Investigatory authority upon request .of the City Council; Hearing appeals; Review Personnel :impasse if agreed upon; review and conduct 11 City of Huntington Beach (C) Yes Commission public hearings re: class_ specs and d_ reclasses. Yes 12 City of Irvine (C) • No Yes 13 _ 'City of La Habra 'No _ _ _ _ _ Yes 14 _ City of La Palma :No _ _ Yes__ 15 City of Laguna Beach Yes Personnel Board Hear appeals Yes 16 City of Laguna Hills :No _ _ Yes 17 City of Laguna Niguel -No { No 18 City of Laguna Woods No _ _ No Yes 19 City of Lake Forest No _ _ _ _ _ _ _ _ _ _ Personnel Appeals Receives and hears appeals on personnel City of Los Alamitos (C) Yes Commission matters._ Yes 21 City of Mission Viejo No _ Yes 22 , Ci of Newport Beach (C) Yes Civil Service Board Refer to A_rtid_es VII & VIII of Charter Yes 23 'City of Orange _ No r _ o No 24 City of Placentia (C) No _ Yes 25 City of Rancho Santa Margarita No _ Yes iHuman Resources _ 26 27 City of San Clemente City of San Juan Capistrano No I Board - Not in Use .No — _ _ _ Yes Yes i 28 ICity of Santa Ana (C) 29 City of Seal Beach (C) 1City of Stanton --.31 i Citv of Tustin 'City of Westminster City of Yorba Linda Yes Personnel Board Civil Service Board - No Disbanded in 2006 Hear disciplinary appeals; advisoryfor matters requested by Council or Manager; by its own 'motlon, study/investigate for the forming of j civil service polices; conduct public hearings on proposed amendments to or repeal of civil .service rules and advise Council Yes No No No Hear appeals; hold hearings and make recommendation on any matter pertaining to Yes_ _ Personnel Board personnel administration; Hear appeals submitted by any person in the Personnel Board competitive service relative to any disciplinary (made from members actions, Including dismissal and demotion, and Yes of City Council) to certify its findings and recommendations. Yes Yes Yes Yes - Samples of Northern.Southern CA Cities with Civil Service or Personnel Systems - 3/44b • 'Please note: All are Southern CA Charter Cities unless otherwise noted. Survey of CA Board or Cities Population Fire/Police? Commission? Name Rale/Duties as Outlined in Charter or Municipal Code What Departments fall under Civil Service? Alameda Per Rules HR Director shall be responsible for administering and interpreting the (Northern CA provisions of the rules, the CSB is responsible for establishing and revision Civil 1 ICharter City) 70,580 Both Yes Civil Service Board Service Policies; Hear appeals. All departments, certain positions exempted Hear administrative review appeals; provide general rules and regulations for the classification of employees; provide regulations with respect to the civil service The provisions of this article shall apply to all members and examinations ; The Board of Appeals shall conduct hearings and render decisions employees of the fire department and of the police on all quasi-judicial and other general classes of matters assigned to the Board of department, except the chief of the fire division and the chief Appeals by the City Council. Such general classes of matters may be either the of police, and also to such other employees of the city as the Civil Service Commission & Board of original determination of issues or the review of previous city administrative council may, in its discretion, from time to time by ordinance 2 Alhambra 89,259 Both Yes Appeals decisions. designate. The Commission acts in an advisory capacity to the City Council on policies concerning personnel administration. The Commission reviews and makes recommendations on the City's Personnel Rules, job specifications and they hear appeals of any person in the Classified Services relative to any suspension, 3 Arcadia 56,491 Both Yes Human Resources Commission demotion or dismissal and makes recommendations to the City Manager. Not available online The Board has the authority and responsibility to: Enforce and interpret the There is hereby created and established Civil Service for all Miscellaneous Rules and Regulations; have charge of all matter pertaining to the officers and employees of the City of Bakersfield, excepting preparation and conduct of examinations; formulate rules and regulations elective officers, the City Manager, the City Attorney, governing the procedure and conduct of trials of employees affected by the Civil members of the Police and Fire Departments, and members Service; keep minutes of the proceedings, records of its examinations and such of all boards and commissions, which shall be known and other records as desirable and necessary to administer the Civil Service system; designated as "Civil Service for Officers and Employees in the 4 laakersfield 1 328,692 Both IYes ICivil Service Board make an annual report to the City Council. IMiscellaneous Departments." 'Please note: All are Southern CA Charter Cities unless otherwise noted. - Samples of Northern Wouthern CA Cities with Civil Service or Personnel Systems - 3/4* a "Please note: All are Southern CA Charter Cities unless otherwise noted. Advises the City Manager on personnel policy and administration. Conducts hearings to assist in resolving complaints of unrepresented employees; Review the personnel rules and revisions and amendments to the rules as submitted by the City Manager, and make recommendations to the City Manager; Review the position class plan, including class specifications and revisions of the plan, as submitted by the City Manager; Review the salary and wage plan and revisions and amendments to the plan as submitted by the City Manager, and make recommendations to the City Council; Provide for the classification of all employments in the administrative service of the City, provide for open, competitive and free examinations as to fitness: provide for an eligibility list from which vacancies shall be filled; provide for a period of probation before employment is made permanent; and provide for promotion on the basis of merit, experience and record, in accordance with this chapter and the rules established hereunder; For unrepresented employees in the career service, investigate and assist in the adjustment of complaints regarding a claimed violation of this chapter or the personnel rules adopted thereunder, and of appeals of demotions, suspensions or discharges for disciplinary or medical reasons. For represented employees, investigate and assist in the adjustment of complaints regarding a claimed violation of this chapter or the personnel rules adopted hereunder for Berkeley matters outside of the applicable memorandum agreement and the negotiated (Northern CA grievance procedure, except where other specific procedures exist to address the 5 lCharter Cit) 101,371 Both Yes Personnel Board complaint, such as the EEO complaint investigation and resolution procedure. All departments, certain positions exempted Hold hearings regarding personnel rules and revisions and/or amendments; receive All departments, certain positions exempted; "such other 6 Buena Park 82,768 Police Yes Personnel Board and hear appeals. positions as the City Council shall designate, by resolution" Hold hearings regarding rules to supplement this article and subsequent revisions and amendments thereto and to recommend to the City Manager for submission to the Council such rules as are herein provided for; Act in an advisory capacity to the City Manager on problems concerning personnel administration; As provided by this article and by any rules, adopted to supplement this article, to hear appeals submitted by any employee hereunder, relative to any situation connected with his employment status or condition of employment; and in any investigation or hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the manner and subject to the All departments, certain positions exempted; such other penalties provided by law. Each member of the Board shall have the power positions as the City Council shall designate, by resolution or 7 Burbank 108,029 Both Yes Civil Service Board to administer oaths to witnesses. MOU "Please note: All are Southern CA Charter Cities unless otherwise noted. - Samples of Northern imouthern CA Cities with Civil Service or Personnel Systems - 3/4/10 a 'Please note: All are Southern CA Charter Cities unless otherwise noted. Works with the Human Resources Department; holds public hearings and provides recommendations to the City Council regarding the adoption, amendment, or repeal of civil service rules and regulations not in conflict with the City Charter; hears appeals of permanent employees in the classified service relative to suspension, demotion or dismissal; may investigate the administration of personnel and report findings to the City Manager and City Council; assists in maintaining 8 JiChulaVista 231,305 Both Yes Civil Service Commission proper employer-employee relations All departments, certain positions exempted (a) After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of Civil Service rules and regulations; (b) Hear appeals of any person in the Classified Service relative to any suspension, demotion or dismissal; (c) Hold hearings and make recommendation to the City Councit on the adoption or revision of the position classitication plan; and (d) Make any investigation not inconsistent with this Charter or state law which it may consider desirable concerning the administration of personnel in the municipal service and report its 9 Icompton 99,242 Fire Yes Personnel Board findings to the City Council and City Manager. All departments, certain positions exempted All departments, certain positions exempted; "Staff assistants Advisory to Council, recommend amendments to the rules; investigations and to the head of a department or division as may be authorized 10 Culver City 40,694 Both Yes Civil Service Commission appeals. by the City Council." The purpose of the Personnel Advisory Board is to act in an advisory; capacity to the City Council and the City Manager on personnel; administration. Recommend All departments, certain positions exempted; "Those persons the adoption, amendment or repeal of personnel Rules and Regulations. Make any who are designated as department heads in the class Personnel Advisory Board, Meets on a investigation upon request by the City Council concerning the administration of specifications, and those positions designated by resolution special called bass to handle personnel personnel in the municipal service. Hear appeals of any officer or employee under of the City Council as Middle Management and 111Downey 113,379 Both Yes grievances the personnel system, who is suspended, demoted or removed. Confidential/Exempt" Employment standards, class specifications, oversight of recruitment/testing 12 Glendale 207,157 Both Yes Civil Service Commission activities, adjudicates exam appeals and adjudicates disciplinary appeals. All departments, certain positions exempted Advisory, Investigatory authority upon request of the City Council; Hearing appeals; Huntington Review impasse if agreed upon; review and conduct public hearings re. class specs 13 Beach 201,993 Both Yes Personnel Commission and reclasses. All Departments The provisions of this Article shall apply to each and all of the appointive officers and employees of the City. All appointive Except as otherwise provided in this article, the Board of Review shall hear all officers and employees shall be deemed to be and shall be in 14 Inglewood 118,878 Police Yes Board of Review appeals or complaints filed or made under the Civil Service System of said City the classified service of the City. Laguna Beach (Southern CA 115 General Law Personnel Board; meetings held when City) 23,727 Both Yes necessary Hear appeals All departments, certain positions exempted 'Please note: All are Southern CA Charter Cities unless otherwise noted. - Samples of Northern Wouthern CA Cities with Civil Service or Personnel Systems - 3/4/* *Please note: All are Southern CA Charter Cities unless otherwise noted. The duties and powers of the Board are to hear and decide Administrative Review Appeals and Grievance Appeals as prescribed by the Personnel Rules and Regulations. Meetings are on an as -needed basis. Note — they have not had a 16 Loma Linda 22,632 Fire Yes Personnel Board need to meet since 1994 All departments, certain positions exempted The Civil Service Commission's predominant role is to hear appeals for disciplinary actions, such as suspensions and dismissals. There is a Civil Service Department as 17 Long Beach 492,642 Both Yes Civil Service Commission well. All departments, certain positions exempted All departments, certain positions exempted; "All department and bureau heads appointed after July 1, 1993; Any newly created position, which is designated at the time of its 18 1 Los Alamitos 12,191 Police Yes Personnel Appeals Commission Receives and hears appeals on personnel matters creation as being exempt from these rules" The Board of Civil Service Commissioners shall have the power and duty to make All departments, certain positions exempted; other positions and enforce the civil service rules and to establish and maintain the civil service by order of the Civil Service Commission and then by 19 Los Angeles 4,045,873 Both Yes Civil Service Commission system in accordance with the civil service provisions of Article X of the Charter. resolution of City Council Napa (Northern Advisory to Council, recommend amendments to the rules; investigations and 20 ICA Charter Cit) 77,106 Both Yes Civil Service Commission appeals. All departments, certain positions exempted The Civil Service Commission recommends to the City Council, after a public hearing, the adoption, amendment or repeal of Civil Service Rules and Regulations not in conflict with the Government Code; hears appeals of any person in the classified service relative to any suspension, demotion or dismissal, and makes any investigation concerning the administration of personnel in the municipal service 21 National City 61,194 Both Yes Civil Service Commission and reports its findings to the City Council and the City Manager All departments, certain positions exempted 22 Newport Beach 84,554 Both Yes Civil Service Board See Articles VII & VIII All regular, full-time personnel in Fire & Police The personnel committee shall determine the order of business for the conduct of its meetings and shall meet on call of the chairman or a majority of the members of the committee. A majority of the members of the committee shall constitute a quorum for the transaction of business. The personnel committee shall hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, or alleged violation of this chapter or the personnel rules and regulations promulgated hereunder and to certify its findings and recommendations as provided in this chapter. Oral and written reprimands, performance evaluations, and probationary demotions are specifically excluded 23 Norco 27,160 Fire Yes Personnel Committee from this section. All departments, certain positions exempted *Please note: All are Southern CA Charter Cities unless otherwise noted. Am Samples of Northern Imouthern CA Cities with Civil Service or Personnel Systems - 3/4/0 *Please note. All are Southern CA Charter Cities unless otherwise noted. (1)Adopt and maintain the classification plan. (2) Formulate rules and regulations covering the examination of applicants for positions in the classified service and the promotion or employees in the classified service, including rules for preparation of examination announcement notices, accepting applications, administering examinations, eligibility for promotion, seniority credits, establishing eligible registers and reinstatement lists, certification, appointment, probationary period, and any other matter necessary to the recruitment and selection of employees. (3) Hear appeals, upon written request from any employee in any city department in the classified service, who may be suspended without pay, demoted, dismissed, or otherwise disciplined by the appointing authority. The board shall define the manner, time, and place by which such appeal shall be heard and the judgment of the board shall be final. (4) Hear appeals, upon written request, from any employee in any city department in the classified service, with reference to the allocation or reallocation of his position by the director of personnel. (5) Provide, by rule, for the interpretation and administration of ordinances affecting personnel, when specifically directed to do so by the city council and to provide, by rule, for the regulation of any other matter pertaining to personnel administration not in contradiction with the provisions of this section. (b) The board, subject to budgetary approval of the city council, may employ or contract for hearing officers All departments, certain positions exempted; Those officials Sacramento to hear appeals of the actions specified in Paragraphs (3) and (4) of Subsection (a) of the city government responsible for the operation of a city (Northern CA of this section and to prepare recommendations for the board. The board may department or division, along with those persons who may 26 lCharter City) 475,743 Both Yes Civil Service Board adopt rules and regulations to implement this subsection. be employed as assistants to such officials; The CSB enforces a code of rules and regulations pertaining to employment services, which includes screening, testing, and certifying eligibles for appointment to classified positions in the City and the Water Department. The CSB also enforces rules pertaining to disciplinary matters, which includes hearing appeals from classified employees who have been dismissed, laid -off, suspended, demoted, reduced in compensation, or transferred. Approximately two years ago, it was determined through analysis by the City Attorney that the CSB did not have the authority to approve job descriptions and classifications and that the Charter gave 27 ISan Bernardino 205,493 Both Yes Civil Service Board such authority to the Mayor and Common Council. All departments, certain positions exempted 28 San Diego 1,336,865 Both Yes Civil Service Commission Everything; All Departments included All Departments included *Please note. All are Southern CA Charter Cities unless otherwise noted. - Samples of Northern aMouthern CA Cities with Civil Service or Personnel Systems - 3/4/48 i 29 Santa Ana 353,184 Both Yes Personnel Board-, meet monthly as long as there is business to be presented, otherwise no meeting, no more than 3 months in between meetings. Personnel Board; 7 Members; appointed by Council; meet monthly as long as there is business to be presented, otherwise no meeting, no more than 3 months in between meetings. Hear disciplinary appeals; advisory for matters requested by Council or Manager; by its own motion, study/investigate for the forming of civil service polices; conduct public hearings on proposed amendments to or repeal of civil service rules and advise Council The Board of Civil Service Commissioners shall have the power and be required to: (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration. (b) After a public hearing thereon, recommend to the City Council, the adoption, amendment or repeal of personnel rules and regulations. (c) Make any investigation upon request of the City Council or upon its own motion concerning the administration of personnel or conditions of employment in the municipal service and report its findings to the City Council and City Administrator. (d) Hear appeals of any officer or employee under the Civil Service System, who is suspended, demoted or removed, and report in writing to the appointing power and City Council, its findings, conclusions, recommendations and decision thereon, and its decision shall be binding on the appointing or "Classified service" means all positions in the City service removing power. (e) Exercise such functions with respect to personnel or the except those specifically placed in the exempt service. Civil Service System, not inconsistent herewith, as may be prescribed by this "Exempt service" means all positions of elective and Charter or by ordinance. appointive officials specifically designated by the City Council 30 ISanta Barbara 90,305 Both Yes Board of Civil Service Commissioners Per Director. Serves mainly as the disciplina appeals board to be exempt from the classification plan. a) The Civil Service Commission is charged with the duty of providing qualified persons for appointment to the service of the City. All appointments in the public service shall be made for the good of that service, and solely upon merit and fitness, as established by appropriate test, without regard to partisan politics, race, color or religious belief. (b) Act as Board of Review to hear petitions by civil service employees, and applicants for civil service positions, and to grant or deny such All departments, certain positions exempted; "The Assistant Santa Clara petitions. (c) Perform such other duties as may be required by the civil service rules City Manager, Assistant City Attorney, and Assistant (Northern CA and regulations. Department Heads, whenever so designated by the City 31 ICharter City) 1 115,503 1 Both IYes Civil Service Commission Council" *Please note: All are Southern CA Charter Cities unless otherwise noted. Ah Samples of Northern iftouthern CA Cities with Civil Service or Personnel Systems - 3/4/40 �-I 32 ISanta Monica 91,439 Both Yes Personnel Board After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of Civil Service rules and regulations; Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Council, City Manager, and the Personnel Director; Hear appeals of any officer or employee in the classified service who is suspended, demoted or removed, and report in writing to the appointing authority, City Manager, and City Council, its findings, conclusions, and recommendations; and Act in an advisory capacity to the City Council and the Personnel Director on personnel administration All departments, certain positions exempted Conduct hearings in accordance with personnel rules and policies adopted by the city council, and make findings and recommendations thereon. Certify to the appointing power a list, established by the personnel officer, of all persons eligible for appointment to the appropriate position in the classified service. The list shall be established on the basis of merit and fitness ascertained so far as practicable by Competitive examination. The commission shall have available to it any and all documents, tests, examinations, work samples, or any combinations thereof which will, in the opinion of the Commission, demonstrate the fair and impartial administration of the examination process by the personnel officer. Make recommendations to the city council on amendments to the personnel rules and policies. Conduct investigations regarding hearings pending before it. Have the power to compel the attendance of witnesses and the production of documents by All departments, certain positions exempted; Department way of subpoena, and to examine witnesses appearing before it. Perform other heads and other management/supervisory employees as 33 ISignal Hill 10,882 Police Yes Civil Service Commission duties specified by the city council not inconsistent with this Charter. may be designated by the city council. To adopt, amend or repeal rules for the Civil Service System. To make investigation ether upon complaint or upon its own motion concerning any matter touching the administration of the Civil Service System. To act in an advisory capacity to the City Manager on problems concerning personnel administration. As provided by rule, to hear appeals of dismissals, demotions or reductions submitted by any person in the competitive service. Prepare or cause to be prepared a written statement of facts, findings, and recommendations on every appeal. The effect of the Commission's recommendation in case of discharge, demotion or reduction shall Stockton be final and binding upon all parties. To make an annual report and such other (!Northern CA reports as it deems desirable to the City Council covering the administration of the 34 ICharter City) 1 289,927 1 Both IYes Civil Service Commission 1personnel system. All departments, certain positions exempted "Please note: All are Southern CA Charter Cities unless otherwise noted. lA Samples of Northern aSouthern CA Cities with Civil Service or Personnel Systems - 3/4/18 a 'Please note: All are Southern CA Charter Cities unless otherwise noted. 9 The commission shall hold hearings, make recommendations to the City Council The provisions of this Chapter shall apply to employees who and perform all duties required by law to be performed by the Commission, the are regularly and continuously employed in the service of the Civil Service Board, the Personnel Board, the Board of Review or the Trial Board. City, unless the City Council by ordinance designates a The Commission may make recommendations to the City Council on any matters position as at -will, non -classified or non -civil -service. The concerning personnel. The Commission shall advise the Council on any matters term employee shall mean an appointive officer or any concerning personnel when so requested by the City Council. The Commission shall person holding a position in the classified service. No elective make an annual report to the City Council of its activities for the previous year and officer shall be qualified to hold a Civil Service position while 35 Torrance 140,820 Both Yes Civil Service Commission shall make such other reports as it shall deem necessary or proper, serving as such officer under this Chapter. The commission shall provide for the standardization and classification of all positions and employment in the classified service of the city; for competitive tests to ascertain the relative fitness of all applicants for appointment in the classified service; for rules for the government, supervision and control of the classified Vallejo service, as such dunes are designated in the City Charter, the ordinances adopted (Northern CA thereunder and the rules and regulations in effect pursuant to said Charter and 36 lCharter City) 121,097 Both Yes Civil Service Commission ordinances. All departments, certain positions exempted Westminster (Southern CA General Law Hear appeals; hold hearings and make recommendation on any matter pertaining 37 City) 93,027 Police Yes Personnel Board to personnel administration; All departments, certain positions exempted a) Recommend to the city council, after a public hearing thereon, the adoption, amendment or repeal of personnel rules and regulations. (b) Act in an advisory capacity to the city council on problems concerning personnel administration (c) Hear grievances of any person in the city employment relative to any suspension, demotion or dismissal and make findings and recommendations thereon which shall be advisory only. (d) Make an investigation which it may consider desirable concerning conditions of employment or the administration of personnel in the municipal service and report its findings to the City council and city manager. (e) Perform such other duties not inconsistent with this charter as may 38 JWhittier 182,267 IPolice IYes I Personnel Board The prescribed by ordinance. All departments, certain positions exempted 'Please note: All are Southern CA Charter Cities unless otherwise noted. 9