HomeMy WebLinkAbout2010-119 - Amended Civil Service Board Rules and RegulationsRESOLUTION NO. 2010-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING AMENDED CIVIL SERVICE
BOARD RULES AND REGULATIONS
WHEREAS, the administration of the City's personnel system has become more
and more complex over time; and
WHEREAS, in order to reduce this complication, the City updated the Civil Service
System so that modern practices and standardized procedures may be employed
bringing the Employee Policy Manual, department standard operating procedures, and
procedures under labor agreements into a more uniform and cohesive whole; and
WHEREAS, this action is not intended in any way to impact employee rights, but
simply to make the management of the system more efficient; and
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The updated Civil Service Board Rules are adopted as attached
hereto as Attachment "l ".
Section 2: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of October, 2010.
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Leilani I. Brown
City Clerk
Keith D. Curry
Mayor
ATTACHMENT 1
Newport Beach Civil Service System Rules & Regulations Final Draft- October 4, 2010
SECTIONI PURPOSE ................................................................. ..............................1
SECTION II ENABLING LEGISLATION ....................................... ..............................1
SECTION III DEFINITIONS ............................................................ ..............................1 .
SECTION IV CIVIL SERVICE BOARD ........................................... ..............................1
400. Creation .............................................................................................. ..............................1
401. Meetings ............................................................................................. ..............................1
401.1 Types of Meetings ................................................................................... ...............................
1
401.2 Quorum ................................................................................................... ...............................
1
401.3 Notice ..................................................................................................... ..............................2
401.4 Agenda ................................ ............................... ................................. ..............................2
SECTION V RECRUITMENT, EXAMINATION AND SELECTION ..............................2
500. Recruitment ........................................................................................ ..............................2
500.1 Recruitment Notices ................................................................................. ...............................
2
500.2 Applications ............................................................................................... ..............................2
500.3 Rejection of Applications .............................. ......................................... ...............................
2
500.4 Examination Announcements .................................................................. ...............................
3
501. Examination ....................................................................................... ..............................3
501.1 Scope ......................................................................................................... ...............................
3
501.2 Passing Scores ......................................................................................... ..............................3
502. Selection ............................................................................................. ..............................5
502.1 Eligibility Lists ............................................................................................ ..............................5
502.2 Other Appointments and Personnel Actions ............................................ ...............................
8
502.3 Probation Period ...................................................................................... ...............................
9
SECTION VI DISCIPLINARY ACTIONS, APPEALS AND HEARINGS .....................10
600. Disciplinary Actions ............................ ...............................
601. Appeals .............................................................................................. .............................10
602. Hearings ............................................................................................ .............................11
602.1. In General ................................................................................................ .............................11
602.2 Right of Counsel ..................................................................................... ...............................
11
602.3 Modification of Disciplinary Action .......................................................... ...............................
11
602.4 Reimbursement of Loss of Pay. ................................................................................. ..........
11
602.5 Findings .................................................................................................... .............................11
SECTION VII SEVERABILITY ....................................................... .............................11
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Newport Beach Civil Service System Rules & Regulations Final Draft- October 4, 2010
SECTION PURPOSE
The purpose of the rules and regulations contained herein is to implement the provisions of Newport
Beach Municipal Code Chapter 2.24, Civil Service System, an ordinance relating to Civil Service.
SECTION II ENABLING LEGISLATION
The establishment of these Rules and Regulations is authorized by Section 2.24.050C. in order to
implement the provisions of Chapter 2.24,
SECTION III DEFINITIONS
The terms defined in Chapter 2.24 shall have the same meaning in these rules and regulations as they are defined
to have in Chapter 2.24.
SECTION IV CIVIL SERVICE BOARD
400. Creation
A Civil Service Board, consisting of five members, is appointed by the City Council in accordance
with the City Charter_ Each of the members shall be a person of good repute in his business,
profession or occupation and known to support civil service principles in the public service.
401. 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.
401.1 Types of Meetings
A. Reoular
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 or on a date and at a time agreed to by the Board in an open
meeting. 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.
401.2 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.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
401.3 Notice
Under general direction of the Board, a written notice of each regular and special meeting
shall be posted in the City Hall, Police Department, and each Fire Station. Such notices
shall be posted before 2 p.m. of the Thursday next preceding a regular meeting, and at
least 24 hours in advance of the time of a special meeting. Such notices shall contain the
date, time, place of, and an agenda for, each such meeting. Notices of special meetings
shall include the name or names of Board members calling such meetings.
401.4 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.
SECTION V RECRUITMENT, EXAMINATION AND SELECTION
The City Manager 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 eligibility lists. The policies and
approved procedures shall be consistent with these rules and regulations, Chapter 2.24 and the City
Charter.
500. Recruitment
Recruitments shall be specified 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.
500.1 Recruitment Notices
Notice of any open or promotional recruitments shall be posted for a minimum of one
week prior to the final date for submitting applications, unless limited to a specified
number of applications to be accepted as indicated on the notice. The information
required by section 500.4, below, may be included in the recruitment notice.
500.2 Applications
The City Manager shall have the right to require all applicants to submit applications,
agreements, or statements pertinent to their employment.
500.3 Rejection of Applications
Applications for employment on the basis of either an open or promotional recruitment
may be rejected for any of the following reasons:
1) Failure of the applicant to indicate conformity with all of the announced minimum
qualifications.
2) False statements by the applicant on his application with regard to any material
fact.
3) Failure of the applicant to submit an application within the time specified in the
examination process.
Newport Beach Civil Service System Rules & Regulations October 4, 2010
500.4 Examination Announcements
Examination announcements shall be posted for a minimum of one week prior to the final
date for submitting applications, unless limited to a specified number of applications to be
accepted as indicated on the notice. Such posting shall be in a conspicuous place at the
City Hall, at the Office of the appropriate Department, and at such other places as the
Human Resources Director 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. Examination
501.1 Scone
The scope of an examination for a class shall be stated in the examination
announcement. It may consist of any one or a combination of the following techniques:
written, oral and demonstration tests; an appraisal of education and experience; and any
test of manual skills or physical fitness which fairly evaluates the candidates.
Applicants will not be permitted to participate in 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 City Manager 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.
501.2 Passing Scores
A. 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.
B. The following tests shall be scored on a pass -or -fail basis using the standards
specified:
1. Typing, dictation, and other skills tests
Minimum scores as prescribed in the class specifications.
2. Physical acilitvtest
Completion of the test prescribed in a policy adopted by the Board motion
within the time limit set forth in such policy.
3. 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.
Newport Beach Civil Service System Rules & Regulations October 4, 2010
4. Psychological evaluation
Emotional maturity and stability as determined by the City's Psychologist
or Psychiatrist in accordance with standards established by law.
5. Inspection of Examination Papers
The examination papers of candidates are not subject to inspection by
the public.
(a) Written tests
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
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.
(b) 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 rating
by the Qualifications Appraisal Board shall be summarized for his
information. Requests must be made within seven days after
notification of the results of the Qualifications Appraisal Board.
6. 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 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 eligibility lists until the Board has acted upon such
application. The Board's decision shall be final.
7. 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.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
4) Failure to attain a satisfactory score on any test conducted as
part of the selection procedure.
502. Selection
502.1 Eligibility Lists
A. Priorities
Priority for consideration for employment shall be given to eligibility lists in the
following order: reemployment eligibility lists, promotional eligibility lists, and open
eligibility lists.
B. Reemployment Eligibility Lists
1. Defined
A reemployment eligibility list for a class shall consist of the names of the
following:
(a) Regular Emplovees
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 Gass.
(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 eligibility list from which the
original appointment was made and in the same order as when
the original appointment was made.
2. Expiration
A reemployment eligibility list shall remain in effect until exhausted by the
removal of all names on such list as herein provided or the expiration of
two years from the certification of the list, whichever first occurs.
3. Removal of Names
A person's name shall be removed from a reemployment eligibility list for
any of the following reasons: .
1 } If he fails to respond within seven (7) calendar days to a certified
mail, return - receipt- requested inquiry concerning his interest in
being reemployed to a current vacancy.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
2) If he declines reemployment to a currently existing vacancy.
3) Disclosure of any conduct that would be grounds for demotion,
suspension, or discharge.
4) 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.
5) Reemployment of the person.
C. Promotional Eligibility Lists
1. Defined
Promotional eligibility lists shall consist of the names of City employees
who have been successful in a promotional recruitment and examination.
2. Expiration
A promotional eligibility list shall expire one year after the date of
certification of the eligibility 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 Human Resources Director as provided herein.
The list may be extended for up to an additional year on recommendation
of the Department Director and approval of the Human Resources
Director. Candidates on the promotional eligibility list shall receive thirty
(30) days advanced notice of the additional year extension.
3. Removal of Names
A candidate's name shall be removed from a promotional eligibility list for
any of the following reasons:
1) Termination of his City employment.
2) If requested by the candidate.
3) If the candidate declines an offer of appointment to three (3)
different vacancies.
4) If subsequent to the establishment of the eligibility list, there is
evidence that the candidate does not possess. the minimum
qualifications required for appointment at the time the recruitment
was undertaken.
D. Open Eligibility Lists
1. Defined
Open eligibility lists shall consist of the names of all candidates who have
been successful in an open recruitment and examination.
2. Expiration
An open eligibility list shall expire one year after the date of certification of
the eligibility list or if the list is vacated sooner by the Human Resources
Director as provided herein. The list may be extended for up to an
additional year on recommendation of the Department Director and
approval of the Human Resources Director.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
3. Removal of Names
A candidate's name shall be removed from an open eligibility list for any
of the following reasons:
1) If the candidate fails to appear as scheduled for an interview with
the Department Director in response to a written request to do
SO.
2) Failure of the candidate to reply within seven (7) calendar days to
a certified mail, return - receipt- requested inquiry concerning his
interest in remaining on the eligibility list or in being considered
for a current vacancy.
3) If subsequent to the establishment of the eligibility list, there is
evidence that the candidate does not possess the minimum
qualifications required for appointment at the time the recruitment
was undertaken.
4) If requested by the candidate.
5) If the candidate declines an offer of appointment to a currently
existing vacancy.
E. Notification and Appeal of Removal
1. Notification
A candidate or person whose name has been removed from any eligibility
list, or any applicant whose application has been rejected, shall be
promptly notified in writing of the reasons for such action and of his right
to appeal.
2. Appeal
Within five (5) calendar days after such notification is mailed to the
addresses indicated on his application, the candidate, person, or
applicant may appeal such action to the Board, provided he states in
writing the specific reason or reasons he 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 Eligibility Lists
In the case of an appeal resulting from the removal of a
candidate's name from a reemployment or promotional eligibility
list, an existing vacancy shall be maintained for each appeal until
the Board has acted on such appeal.
(b) Open Eligibility Lists
In the case of an appeal resulting from the removal of a
candidate's name from an open eligibility list, an appointment
may be made from such list before the Board acts on the appeal.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
(c) Rejection 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 shall participate on an individual basis in those tests, if
any, which occurred during the appeal process so that the
applicant may have an opportunity to compete on an equal basis
with other applicants.
F. Authority to Vacate Eligibility Lists
The Human Resources Director may at any time vacate any promotional or open
eligibility 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 Eligibility Lists
Subject to the provisions of Chapter 2.24 and sections of these rules and
regulations with respect to reemployment eligibility lists when an appointment is to
be made the names of the eligibles with the highest three (3) scores willing to
accept appointment shall be certified to the Department Director in the order in
which they appear on the appropriate eligibility list and the appointment shall be
limited to these eligibles. When a promotional or open eligibility list contains fewer
than three (3) names, a new eligibility list shall be established on written request
of the Department Director in order that the names of three (3) eligibles can be
certified to the Department Director.
502.2 Other Appointments and Personnel Actions
A. Actino Appointments
1. Absence of Eligibility Lists
In the absence of an eligibility 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 eligibility list for service rendered
under an acting appointment.
2. Absence of Regular Employee
(a) Suspension
During the period of suspension of a regular employee from a
position or pending final action on proceedings to review the
suspension, demotion, or dismissal of a regular employee, the
position may be filled by an acting appointment.
(b) Leave
During the period that a regular or probationary employee is on a
leave of absence, the position may be filled by an acting
appointment.
3. Limitations
An acting appointment shall be limited to ninety (90) calendar
days in any 12 month period unless extended to a maximum of
an additional ninety (90) calendar days on written
recommendation by the Department Director and approval by the
City Manager.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
B. Temoorary Positions
Appointments to temporary positions need not be made from eligibility 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 Chapter 2.24.
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
occupied at the time of his termination, irrespective of the existence of an open or
promotional eligibility list for the class, subject to the following conditions:
1) There must be vacant position in the class and no reemployment
eligibility lists for such class.
2) The employee must have completed at least one year of continuous
service in the class immediately prior to his termination.
3) The employee must have terminated his City employment under
favorable conditions.
4) The reinstatement must occur within one (1) year of his termination:
5) The employee may be required to serve a probation period.
6) The employee will be required to take any necessary examinations at his
expense and as prescribed by the City Manager.
502.3 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 fitness for the
duties of the position which he has been assigned by actual performance of such
duties.
B. Application
A probation period shall apply to all appointments to positions included in the
System except acting appointments.
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.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
D. Reiection During Probation
Initial Appointment
At any time during which an employee is serving an initial probationary
period, he may be discharged without cause and without the right of
appeal to the Civil Service Board.
2. Promotion
In the event of promotion to a position in a higher class and at any time
within his probation period in that position, an employee may be rejected
by the Department Director and reduced to such 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.
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 has successfully
completed his probation period. If not, and if an extension of his probation period
has been approved, he shall be advised in writing of his status when such
extension expires.
SECTION A DISCIPLINARY ACTIONS APPEALS AND HEARINGS
Pursuant to the City Charter and Municipal Code Chapter 2.24, the Board shall receive and hear appeals
submitted by any employee in the System relative to appointment, promotion, dismissal, demotion,
suspension and other disciplinary actions; the alleged violation of Chapter 2.24 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 602) shall
be applicable to all appeals.
600. Disciplinary Actions
Employees in the System may be demoted, suspended or dismissed only on the following
grounds: incompetency, inefficiency, dishonesty, misconduct, insubordination, or failure to
observe Departmental or City rules and regulations.
601. 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 received a notice of
intent to suspend, demote, or dismiss may, within a period of seven (7) days after such
notification, respond to the Department Director, orally or in writing. The Department Director
shall, within ten (10) days, provide the Employee with written notice of his decision. The employee
may, within ten (10) days thereafter, file a written appeal with the City Manager. The City Manager
shall review the administrative records and may conduct an additional investigation. The City
Manager shall render a written decision on the appeal within ten (10) days. The City Manager
shall have the right to modify the discipline imposed by the Department Director. The employee
may, within ten (10) days, file a written appeal with the Board by serving a Notice of Appeal on the
Secretary of the Board. The Board shall take action as soon as reasonably possible to schedule
the hearing, but no later than its next regular meeting. An appeal shall be heard and resolved
within 90 days. The hearing shall be a closed hearing at the request of the employee.
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Newport Beach Civil Service System Rules & Regulations October 4, 2010
602. Hearings
602.1. In General
The Board hearings need not be conducted according to technical rules relating to
evidence and witnesses.
602.2 Right of 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.
602.3 Modification of Disciplinary Action
The Board may modify or revoke a disciplinary action only on the following three grounds:
1) The facts do not justify the action taken, the action taken is unlawful or the action
taken is superseded by local, state or federal law; or
2) Substantive violation or omission of procedure was made; or
3) The action taken was unreasonable, capricious or arbitrary in view of the offense,
the circumstances surrounding the offense, and the past record of the employee.
602.4 Reimbursement of Loss of Pav
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 602.5
hereafter.
602.5 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. In the case of Civil Service Employees, the decision of the Civil Service Board
shall be final.
SECTION VII 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 * *Date to Be Added * *.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
ss.
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. 2010 -119 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 26th day of
October, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: Rosansky
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of October, 2010.
City Clerk
Newport Beach, California
(Seal)