HomeMy WebLinkAbout2009-71 - Civil Service Board Candidate AppealsRESOLUTION NO. 2009-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING NEWPORT BEACH CIVIL
SERVICE BOARD RULES AND REGULATIONS SECTION
501.3.3 REGARDING CANDIDATE APPEALS
WHEREAS, the Newport Beach Civil Service Board ( "Board ") is empowered under
the City Charter and Ordinance No. 866 to act in an advisory capacity to the City Council
on personnel administration in the City service; and
WHEREAS, the Board is designated as the appropriate body to receive and hear
appeals filed by candidates for original employment; and
WHEREAS, the Board's current rules and regulations do not include procedures
governing candidate appeals for original employment; and
WHEREAS, Newport Beach Municipal Code Section 2.24.050(8) allows the
Board, following a public hearing, to recommend to the City Council proposed Board rules
and regulations; and
WHEREAS, on September 9, 2009, following a duly noticed public hearing the
Board voted to recommend to the City Council an amendment to Board Rule 501.3.3
regarding candidate appeals for original employment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport
Beach as follows:
Subsections "E" and "F" of Newport Beach Civil Service Board Rules and
Regulations Section 501.3.3 are amended to read as follows:
"E. Appeals by Candidates for Original Employment
Appeals to the Board by unsuccessful candidates for original employment
shall be considered pursuant to the procedure set forth below:
1. An unsuccessful candidate seeking review of denial of employment
by the Board shall submit a written statement of appeal to the
Human Resources Director not later than five (5) calendar days
after the date the notice that he or she has not been offered
employment with the City was placed in the mail with first class
postage pre -paid addressed to the candidate. The candidate's
written statement of appeal shall be considered delivered when
received and "time stamped" by the Human Resources Director.
The "time stamp" shall indicate the date and time the appeal is
received by the Human Resources Director. Appeals filed after the
deadline shall be rejected by the Human Resources Director and
not considered by the Board.
2. The written statement of appeal must include: (i) the candidate's
full name; (ii) the candidate's mailing address; (iii) the title or
position for which the application was made; (iv) all bases on which
the candidate relies in concluding he or she was improperly denied
employment; and (v) a written acknowledgement by the candidate
that consideration of the appeal by the Board shall occur in open
public session and that the candidate voluntarily waives any
expectation of privacy as to the facts and circumstances of his or
her application and its rejection by the City.
3. Upon receipt of the written statement of appeal, the Human
Resources Director shall forward the appeal to the Department
Director that has responsibility for the position sought by the
candidate.
4. The Department Director shall, within ten (10) working days of
receipt of the appeal from the Human Resources Director, respond
in writing to the Human Resources Director indicating the reason(s)
for which the candidate was not offered employment.
5. The Human Resources Director may, in his or her discretion,
provide the candidate with a copy of the Department Director's
written reason(s) for denial and an opportunity to respond to the
Department Director's reason(s) for denial. The Human Resources
Director may, in his or her discretion, meet with the candidate to
address the issues raised in the candidate's written statement of
appeal and the Department Director's reason(s) for denial.
6. If the candidate's concerns are not resolved by the Human
Resources Director the matter shall be placed on the agenda of the
next available regular Board meeting consistent with the notice
period provided in subsection "T' below. Each Board member shall
be provided a copy of the candidate's statement of appeal, the
Department Director's reason(s) for denial, and any additional
relevant documentation as determined by the Human Resources
Director.
7. The candidate shall be given prior written notice of the Board's
meeting and shall be entitled to address the Board in support of his
or her appeal. The City's failure to comply with any of the
timing /notice requirements in this Section 501.3.3 shall not
invalidate any action taken by the Board on appeal or the
Department Director's original denial of a candidate.
8. The Board shall determine by majority vote whether the submitted
documents establish a basis for an appeal hearing, or whether the
matter may be resolved without a hearing. If the Board determines
there is no justification for an appeal hearing, the Board shall issue
a written determination to that effect and the appeal shall be
dismissed. If the Board votes in favor of an appeal hearing, a
hearing shall be calendared and held at the next available regular
meeting of the Board. Notice of the appeal hearing shall be
provided to the candidate pursuant to section "7" above.
9. If an appeal hearing is held the Board shall be provided with a full
record (i.e., oral board or written testing results, background
investigation, etc.) of the candidate's application, including the
documents provided pursuant to subsection W above as certified
by the Human Resources Director. The Board may receive any
oral argument offered at the appeal hearing in support of, or
opposition to, the appeal. The Board shall not accept or consider
any evidence, either oral or documentary, not present in the record
of the application certified by the Human Resources Director.
10. The Board's inquiry on appeal shall extend solely to the question of
whether the Department Director has committed a prejudicial
abuse of discretion in denying the candidate employment. The
Board shall only consider the evidence in the full record of the
candidate's application provided by subsection "9" above. The
Board shall modify the decision of the Department Director only
upon a specific finding that the Department Director committed a
prejudicial abuse of discretion. A "prejudicial abuse of discretion" is
established when it is affirmatively shown by the candidate that: (i)
the Department Director did not proceed in a manner required by
law; or (ii) the Department Director's decision to deny employment
was not supported by substantial evidence. "Substantial evidence"
shall exist to support the Department Director's decision if there is
any evidence in the record before the Board that could reasonably
be relied upon to support denial of employment, regardless of
whether there is also evidence to the contrary in the record. The
appeal hearing may be continued from time -to -time by the Board.
F. Findings
The Board shall certify copies of its findings and decisions to the City
Manager, the Department Director from whose action the appeal was
made, and the appellant employee or unsuccessful candidate for original
employment."
This Resolution shall take effect immediately upon its adoption by the City Council,
and the City Clerk shall certify the vote adopting thisR-esolution.
ADOPTED, this 13' day of Octot
ATTEST:
Mayor of the City of Newport Beach
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -71 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of
October, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Mayor Selich
Noes: None
Absent: Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of October, 2009.
City Clerk
Newport Beach, California
(Seal)