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Home My WebLink About03 - Civil Service SystemCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Human Resources Department Terri Cassidy, Human Resources Director ext. 3300, tcassidy(a)NewportBeachCA.gov Office of the City Attorney David R. Hunt, City Attorney ext. 3131, dhunt(�NewportBeachCA.gov SUBJECT: First Reading and Introduction of Newport Beach Municipal Code Chapter 2.24 regarding the Civil Service System to Conditionally Replace the Current Chapter 2.24 Adopted via Ordinance No. 866. ISSUE: Conditional first reading and introduction of new Civil Service Ordinance, Newport Beach Municipal Code Chapter 2.24. Pursuant to the recommendations of the Civil Service Board, staff recommends introduction and first reading of Ordinance No. 2010- (Attachment 1"), an ordinance of the City of Newport Beach replacing Newport Beach Municipal Code Chapter 2.24 governing the operations of the Civil Service System and passing the matter onto the October 26, 2010 agenda for second reading and conditional adoption. DISCUSSION: The action before you is to conditionally introduce for first reading an ordinance intended to replace existing Newport Beach Municipal Code Chapter 2.24 that provides for the operations of the Civil Service System. The action is "conditional" since the existing chapter was adopted via citizens' initiative in 1958 through the passage of Ordinance No. 866. Your action tonight, and subsequently at second reading on October 26, 2010, cannot be effective unless or until the passage of Measure V on the November 2, 2010 ballot. The passage of Measure V will repeal Ordinance No. 866, which is codified at Chapter 2.24. Should Measure V pass, the ordinance that is before you tonight will be its replacement. Taking action in this manner will clearly state the Council's intention regarding the replacement ordinance and minimize or eliminate any transition difficulties that could otherwise occur. First Reading and Introduction of Newport Beach Municipal Code Chapter 2.24 regarding the Civil Service System to Conditionally Replace the Current Chapter 2.24 Adopted via Ordinance No. 866 October 12, 2010 Page 2 Reason for Update The administration of the City's personnel system has become more and more complex over time. In order to reduce this complication, the City embarked on an effort to update the Civil Service System so that modern practices may be employed and an effort to standardize procedures could be entered into, bringing the Employee Policy Manual, department standard operating procedures, and procedures under labor agreements into a more uniform and cohesive whole. This action is not intended in any way to impact employee rights, but simply to make the management of the system more efficient. Secondly, it has become obvious in the course of the last few years that an Assistant Chief position should be created in the public safety departments that would support the Chief Officers of those departments. At present, all employees of both public safety departments, with the sole exceptions of the Chief Officers, are civil service positions and members of the unions. This leaves the Chief Officers as the only at -will employee without union or civil service affiliation. The creation of Assistant Chief Position for departments is intended to make available a potential position outside of the Civil Service System and outside of union representation to support the Chief Officer and take his or her place without the complications of other interests when the Chief Officer is not available. This action does not authorize the employment of Assistant Chief Officers, but instead creates a civil service exempt position that could be filled later should the City Manager and City Council wish to do so. This action does not affect any existing position within either the Police Department or the Fire Department. 2. Process of the Update The recommendation for the update of the Civil Service System came through the Charter Update process. The Charter Update process was commenced approximately one year ago when the Council appointed the Charter Update Commission. The Commission held five months of hearings and considered multiple topics, including Civil Service update. During this time, the recommendation of the Civil Service Board was also sought on Civil Service update. Ultimately, the Charter Update Commission made a recommendation in June of 2010 to Council for modernizing the system. This ordinance update you are considering in this item is completely consistent with the recommendation of the Charter Update Commission and the City Council's actions on Measure V and simply carries out that direction. Staff prepared a revised Civil Service ordinance and Civil Service Board Rules in anticipation of the potential passage of Measure V. The proposed changes to the ordinance and rules were first windowed to the Civil Service Board at its regular meeting in August, and they were brought to the Board as complete drafts at their September 13, 2010 meeting. The Board adopted a recommendation for the Civil Service ordinance and rules update as recommended by staff at the September 13, 2010 meeting, reserving only further comments on Newport Beach Municipal Code Section 2.24.100, Selection of Fire and Police Chiefs. The Civil d First Reading and Introduction of Newport Beach Municipal Code Chapter 2.24 regarding the Civil Service System to Conditionally Replace the Current Chapter 2.24 Adopted via Ordinance No. 866 October 12, 2010 Page 3 Service Board heard and considered an amendment to Section 2.24.100 at its October 4, 2010 meeting, and recommended changes to that section. Those recommended changes have been incorporated into the full draft ordinance. The September and October staff reports presented to the Civil Service Board and final approved minutes from the September 13, 2010 meeting are available on the City's website for review. 3. Substance of Changes There are three elements to the update: ➢ Update and amend the City Charter — this is subject to Measure "V" and are not addressed in this report; ➢ Enact a replacement Civil Service Ordinance to be conditionally adopted subject to the electorate's passage of Measure "V" updating the Charter and repealing Ordinance 866; and ➢ Update and amend the rules and regulations governing the Civil Service System to carry out the recommendations reached in the Charter Update process. The guiding principle beyond the above three elements to revision was to keep the changes focused on the limited changes authorized by the Civil Service Board and recommended by the Charter Update Commission. It became clear in the Charter Update process that the Board was proposing limited recommendations for the update. Staff has stayed within the substantive recommendations of the Board and has limited the recommendations to simple, non - substantive changes that clarify and simplify, such as eliminating duplication and making language and procedures consistent. a. Civil Service Ordinance. A redline of the proposed updated provisions to the Civil Service Ordinance are presented in Attachment "2" to this staff report. Staff has kept the changes limited, focusing on the following goals: 1) Implement your direction from the Charter Update process; 2) Make the ordinance itself the substantive backbone for implementing the Charter's provisions while making few substantive changes; and 3) Make the nomenclature used and procedures provided in the ordinance as consistent with other City documents, such as the Employee Policy Manual, as 3 First Reading and Introduction of Newport Beach Municipal Code Chapter 2.24 regarding the Civil Service System to Conditionally Replace the Current Chapter 2.24 Adopted via Ordinance No. 866 October 12, 2010 Page 4 possible, without effecting significant substantive change beyond what was recommended by the CSB. There are comments embedded in the document identifying the reason each one of the changes was made. b. Civil Service Rules and Regulations. The proposed updated Civil Service Rules and Regulations ( "Rules ") is not before you tonight for action. It will be brought to you for adoption of a resolution at your October 26, 2010 meeting, when you proceed with second reading of the ordinance introduced at the October 4, 2010 meeting. The Rules, however, a very important part of the picture and thus we are providing you with a redline version of the proposed update to the Rules within Attachment "3" of this staff report. The goal in revising the Rules was to make them the procedural implementation of the provisions of the ordinance. Thus, we have taken the following actions: 1) Moved substantive provisions from the Rules into the ordinance, such as the definitions and Fair Employment policies; 2) Moved purely procedural provisions from the ordinance into the Rules, such as the provisions governing how appeals are to be handled; and 3) Deleted duplicative provisions in order to eliminate any confusion. As with the ordinance, there are comments embedded into the Rules redline explaining the reasoning behind each change. FUNDING IMPACTS: This action will not require any budget change or amendment. It will, however, result in more efficiency at the staff level and thus ultimately save money for the City in the administrative cost for managing the personnel system. ENVIRONMENTAL REVIEW: The proposal is not a "project" under CEQA in that is has not possibility of creating a substantial impact upon the environment. Thus, no environmental review is necessary. PUBLIC NOTICE: Notice has been given consistent with the Brown Act and no further notice is necessary q First Reading and Introduction of Newport Beach Municipal Code Chapter 2.24 regarding the Civil Service System to Conditionally Replace the Current Chapter 2.24 Adopted via Ordinance No. 866 October 12, 2010 Page 5 CONCLUSION: Staff recommends the Council by motion introduce Ordinance No. 2010 - for first reading and pass the matter on to its October 26, 2010 agenda for second reading and adoption. Staff will bring a resolution for the Council to consider adoption of the amended Civil Service Board Rules for action at the October 26, 2010 along with staff report dealing with second reading of the ordinance. Prepared & Submitted by: OFFICE OF THE CITY ATTORNEY By �-E; David R. Hunt, City Attorney Prepared & Submitted By: HUMAN RESOURCES DEPARTMENT By Terri Cassidy, Human esources Director and Secretary to Civil Service Board Attachment 1: Proposed Ordinance 2010 - Attachment 2: Redline of Proposed Updated Provisions of Chapter 2.24 Civil Service System Attachment 3: Redline of Proposed Updated Civil Service Rules & Regulations (A 10- 002501-M &CC from DRH -TC 10.12.10 re MC 2.24 clean 5 ATTACHMENT 1 October 12, 2010 Council Agenda e Proposed Ordinance 2010- r� ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING AND REPLACING CHAPTER 2.24 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CIVIL SERVICE SYSTEM RECITALS WHEREAS, an ordinance of the City Council of the City Newport Beach conditionally enacting Newport Beach Municipal Code Chapter 2.24 in order to replace the existing Chapter 2.24, should Measure V pass at the November 2, 2010 election; and WHEREAS, the existing Chapter 2.24 of the Newport Beach Municipal Code governing the Newport Beach Civil Service System was adopted in 1958 through a vote of the people enacting Ordinance No. 866; and WHEREAS, the state of public employment law has changed dramatically since the passage of Ordinance No. 866; and WHEREAS, it is necessary in order to remain current in the law that the City's Civil Service Ordinance be updated; and WHEREAS, the City Council took action after receiving the recommendation of the Charter Update Commission and the Civil Service Board regarding an update of the Civil Service System to place such update on the ballot in the context of Measure V which is scheduled for a vote of the people on November 2, 2010; and WHEREAS, should Measure V pass, Ordinance No. 866, codified as Chapter 2.24 of the Newport Beach Municipal Code, will be repealed; and WHEREAS, it is necessary to replace Ordinance No. 866 with a more modern updated ordinance in order to efficiently and effectively administer the personnel system of the City; and WHEREAS, the Civil Service Board heard three presentations regarding a recommended replacement ordinance and replacement Civil Service Board rules at its August 2, 2010 meeting, September 13, 2010 meeting and October 4, 2010 meeting; and WHEREAS, after hearing and considering the issues related to the update of the Civil Service ordinance, the Civil Service Board has recommended an update of the system consistent with this ordinance; and WHEREAS, the City Council conducted a public hearing at its October 12, 2010 meeting and at that meeting introduced this ordinance for first reading and took action at its 7 October 26, 2010 meeting conducting a second reading and thereby adopted this ordinance; NOW THEREFORE be it ordained as follows: SECTION 1: The Recitals listed above are true and correct and the City Council shall, and does hereby, adopt them as their findings in support of enactment of this ordinance. SECTION 2: Chapter 2.24 of the Newport Beach Municipal Code as set forth in full appended as Attachment "A" to this ordinance is hereby conditionally enacted in order to replace the current provisions of Chapter 2.24 of the Newport Beach Municipal Code should Measure V be passed by the voters at the November 2, 2010 election. SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that anyone to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2010, and adopted on the day of , 2010, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR 2 S ATTEST: CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B Iy 4 -- y AVID R. H NT, ITYATTORNEY 3 9 CIVIL SERVICE ORDINANCE Final Draft w/ new "Selection of Chief" language Chapter 2.24 CIVIL SERVICE SYSTEM Sections: 2.24.010 Definitions. 2.24.020 Inclusion in System. 2.24.030 Purpose of System. 2.24.031 Fair Employment. 2.24.040 Board Established. 2.24.050 Responsibilities and Authority of Board. 2.24.060 Responsibilities and Authority of City Manager. 2.24.070 Appointments. 2.24.080 Recruitment and Selection. 2.24.090 Eligibility Lists. 2.24.100 Selection of Fire and Police Chiefs. 2.24.120 Inspection of Examination Papers. 2.24.130 Conditions for Employment. 2.24.140 Employee Appeals. 2.24.150 Grounds for Demotion, Suspension or Dismissal. 2.24.160 Board Hearings. 2.24.190 Conflicts with City Charter. 2.24.010 Definitions. The following terms, whenever used in this chapter shall be construed as follows: Acting Appointment. The term "acting appointment' shall mean the temporary appointment of a person to a position in a class for which there is no eligibility list; to a position occupied by a regular employee on suspension as provided in Section 2.24.070; or to a position occupied by a probationary or regular employee who is on a leave of absence. Allocation. The term "allocation" shall mean the assignment of a single position to the proper class in accordance with the specifications for that class. Applicant. The term "applicant' shall mean a person whose application for employment has been accepted, but who has not yet taken part in the selection procedure for a class. Board. The term "board" shall mean the Civil Service Board established pursuant to this chapter and the Newport Beach City Charter. Candidate. The term "candidate' shall mean an applicant who is participating in the selection procedure for a class. �a Certification. The term "certification" shall mean the act of notifying a department head of the candidates whose names appear on eligibility lists as set forth in Section 2.24.090. City. The term "City" shall mean the City of Newport Beach. City Charter. The term "City Charter" shall mean the City Charter of the City of Newport Beach. City Council. The term "City Council" shall mean the City Council of the City of Newport Beach. Class. The term "class" shall mean a group of positions sufficiently similar in duties, responsibilities, authority, and minimum qualifications for employment to permit combining them under a common title and the equitable application of common standards of selection and compensation. Class Specifications. The term "class specifications" shall mean a written description of a class, setting forth factors and conditions which are essential characteristics of positions in the class. Continuous Service. The term "continuous service" shall mean the service without break or interruption of an employee having a probationary or regular appointment. Copyrighted or Standardized Tests. The phrase "copyrighted or standardized tests' shall mean written examinations which are used by agencies other than the City of Newport Beach. Demotion. The term "demotion" shall mean the reduction of an employee from a position in one class to a position in another class which has a lower maximum rate of compensation. Department Head. The term "department head" shall mean an employee who is the head of an established office or department. Dismissal. The term "dismissal" shall mean the termination of a regular employee pursuant to Section 2.24.140. Eligible. The term "eligible' shall mean a person whose name appears on an eligibility list. Employee. The term "employee" shall mean a person legally occupying a position. Eligibility Lists. The term "eligibility lists" as described in Section 2.24.090 shall mean a list of the names of candidates who are eligible for probationary appointments to positions in a particular class. Entrance -Level Position. The term "entrance -level position" shall mean a position in the first or beginning class in a series of classes which have increasingly responsible duties and progressively higher minimum qualifications and compensation. Exempt Position. The term "exempt position" shall mean those positions which either are specifically excluded by the City Charter from the Civil Service System or which are not included in the system in accordance with Section 2.24.020. He /His /Him. The terms "he," "his," "him" shall include the feminine and thus shall be gender neutral. Lateral Entry. This is an open list for the hiring of experienced persons in defined classes at a level of pay commensurate with the level of experience. In some cases, experience will take the place of the written exam. Layoff. The term "layoff' shall mean, as an economy measure, the separation of an employee because of lack of work or lack of funds. Open Recruitment. The term "open recruitment" shall mean a recruitment that is not restricted to City employees. Original Appointment. The term "original appointment" shall mean a person's first appointment as an employee of the City of Newport Beach. Permanent Position. The term "permanent position" shall mean a position that is expected to exist indefinitely. Position. The term "position" shall mean a combination of current duties and responsibilities assigned to a single employee and performed on either a full -time or part-time basis. Probationary Status. The term "probationary status" shall mean the status of a person who has acquired a probationary appointment. Probation Period. The term "probation period" shall mean a working test period that is part of the selection process and during which an employee is required to demonstrate his fitness for the duties of the position to which he has been assigned by actual performance of such duties. Promotion. The term "promotion" shall mean the advancement of an employee from a position in one class to a position in another class which has a higher maximum rate of compensation. Promotional Recruitment. The term "promotional recruitment" shall mean a recruitment that is restricted to City employees. Qualifications Appraisal Board. Unless otherwise designated shall be synonymous with "oral board ". Reallocation. The term "reallocation" shall mean the reassignment of a single position in a class to a different class on the basis of a change in the duties and responsibilities of the position. Reassignment. The term "reassignment" shall mean the change of an employee by a department head from a position in a class to another position in the same class. Recruitment. The term "recruitment" shall mean the process of attracting qualified persons to participate in a selection process for a class. Regular Employee. The term "regular employee' shall mean an employee who has successfully completed his probationary period in a position. Regular Status. The term "regular status" shall mean the status of an employee who has acquired a regular appointment. Reinstatement. The term "reinstatement" shall mean the reemployment of a former employee Rejection. The term "rejection" shall mean separation from the City service of an employee who does not successfully complete his probation period in a position and who does not have regular status in another position in a different class; or, the reduction of an employee who did not successfully complete his probation period in a position to another position in a different class in which he has acquired regular status. Resignation. The term "resignation" shall mean an employee's voluntary separation. Rules and Regulations. The term "rules and regulations" shall mean the Civil Service rules and regulations adopted pursuant to this chapter. �a- M Selection. The term "selection" shall mean the process of evaluating the qualifications of candidates through one or more techniques. Separation. The term "separation" shall mean the termination of an employee's service with the City. Suspension. The term "suspension" shall mean the temporary separation of an employee as a disciplinary action. System. The term "system" shall mean the Civil Service System created in accordance with this chapter and the Newport Beach City Charter, and including only those positions to which the provisions of this chapter apply. Temporary Position. The term "temporary position" shall mean a position of limited duration. Transfer. The term "transfer" shall mean a change of an employee from one position to another position in the same class or in another class having the same maximum salary rate, involving the performance of basically similar duties, and requiring substantially the same minimum qualifications. Vacancy. The term "vacancy" shall mean a position that is not occupied by an employee having either a probationary or regular appointment. 2.24.020 Inclusion in System. Pursuant to Article VIII of the City Charter, all full -time, regular, and permanent positions or employment on the Police and Fire Departments are included in the system, except those positions excluded by Section 801, of the City Charter. The City Council, by ordinance, may include in the system positions in other departments. 2.24.030 Purpose of System. The purpose of the system is to establish an equitable and uniform procedure for handling personnel matters; to attract to the City service the most competent persons available; to assure that the appointment and promotion of employees will be based on merit and fitness; and to provide reasonable security for employees. 2.24.031 Fair Employment. No appointment to, promotion to, or removal from a position shall be affected or influenced in any manner by sex, race, color, creed, nationality, age, political or religious opinion or affiliation, except as provided elsewhere in this or other City resolutions, or under the terms and conditions of any contractual agreement. 2.24.040 Board Established. There is hereby established a Civil Service Board consisting of five members to be appointed by the City Council in accordance with the City Charter. Each of the members shall be a person of good repute in his business, profession or occupation and known to support civil service principles in the public service. 13 2.24.050 Responsibilities and Authority of Board. The functions of the Board shall be: A. Meetings. To determine the order of business for the conduct of its meetings; to hold regular meetings at least once a month and such special meetings as are necessary on call of the chairman or a majority of the members of the Board, and to keep a record of its proceedings and transactions. A majority of the members of the Board shall constitute a quorum for the transaction of business. B. Rules and Regulations. To recommend to the City Council, after approval by the City Attorney and after a public hearing thereon, the adoption, amendment, or repeal of rules and regulations to implement the provisions of this chapter. After adoption by motion of the City Council, such rules and regulations shall have the force and effect of law. C. Appeals. To receive and hear appeals submitted by any person employed by the City relative to any appointment, promotion, suspension, demotion, dismissal or other disciplinary action; the alleged violation of this chapter or the rules and regulations; and to certify its finding and recommendations as provided in this chapter. D. Advisory Role. To act in an advisory capacity to the City Council on personnel administration in the City service. E. Investigations. To make any investigation concerning the administration of personnel in the municipal service and report its finding to the City Council and City Manager when requested to do so by the City Council, the City Manager or by any organized City Employee's association. In any investigation or hearing it conducts, the Board shall have the authority to examine witnesses under oath and to compel their attendance or the production of evidence before it by subpoenas issued in the name of the City and attested by the City Clerk. It shall be the duty of the Police Chief to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoenas shall subject said person to prosecution in the same manner set forth by law for failure to appear before the City Council. Each member of the Board shall have the power to administer oaths to witnesses 2.24.060 Responsibilities and Authority of City Manager. The City Manager shall be responsible for the following: A. Rules and Regulations. Preparation of amendments to the rules and regulations for recommendation to the Board. The City Attorney shall approve the legality of such amendments prior to their submission by the Board to the City Council for its approval. Rules and regulations shall be adopted by motion of the City Council. B. Class Specifications. The preparation and revision of class specifications for positions included in the system. C. Personnel Procedures. Administration of Board policies and procedures within the framework of this chapter and the rules and regulations, including: 1. Public announcement of vacancies and examinations and the review of applications for employment. 2. Preparation and conduct of examinations and the establishment, certification, extension or vacation, and use of eligibility lists. 3. Certification and appointment of eligibles. 4. Evaluation of employees during probation periods and periodically thereafter 5. Appointment, transfer, promotion, demotion, rejection, layoff, dismissal and reinstatement of employees. 6. Allocation of positions to classes on the basis of duties, responsibilities and minimum qualifications. 7. Maintenance and use of personnel records. 8. Maintenance of effective communications between employees and their supervisors; between employees and the City Manager; and between employees and the Board relative to conditions of employment. D. Delegation of Authority: Any or all of the above functions and any or all functions designated to be performed by the City Manager under the rules and regulations may be delegated by the City Manager in writing to his or her designee. The City Manager's designee shall have the authority to conduct the functions delegated as if he or she were the City Manager. 2.24.070 Appointments. A. General Policy. Appointments shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Appointments shall be made from eligibility lists by the department head on approval of the City Manager. B. Eligibility Lists. Subject to the provisions of this chapter with respect to reemployment eligibility lists, when an appointment is to be made the names of the eligibles with the highest three scores willing to accept appointment shall be certified to the department head in the order which they appear on the appropriate eligibility list and the appointment shall be limited to these eligibles. C. Acting Appointments. In the absence of an eligibility list for a class, a vacant position in that class may be filled by an acting appointment. No credit shall be allowed in any examination or the establishment of any eligibility list for service rendered under an acting appointment. D. Temporary Positions. Appointments to temporary positions need not be made from eligibility lists. E. During Suspension. During the period of suspension of a regular employee from a position or pending final action on proceedings to review the suspension, demotion, or dismissal of a regular employee, the position may be filled only by an acting appointment. F. Transfers. With the approval of the City Manager, an employee may be transferred from one position to another. Transfers shall not affect in any way the status, rights and privileges of an employee under this chapter. G. Reinstatement. Provisions governing the reinstatement of a former employee shall be provided in the rules and regulations. i5 s 2.24.080 Recruitment and Selection. A. Recruitment. Recruitment shall be specified as promotional or as open. Insofar as practical and consistent with the best interests of the City service, all vacancies shall be filled by promotion. B. Selection. 1. The scope of an examination for a class shall be stated in the examination announcement. It may consist of any one or a combination of the following techniques: written, oral, and demonstration tests; and appraisal of education and experience, and any test of manual skills or physical fitness which fairly evaluates the candidates; 2. A probation period as established in the rules and regulations shall apply to all appointments to positions included in the system, except acting appointments. Successive probation periods in a position shall not be allowed. In the event of promotion to a position in a higher class and at any time within his probation period in that position, an employee may be rejected by the department head and reduced to the position he occupied prior to such promotion without right of appeal to the Board, provided he had acquired regular status in such former position. If the employee had not acquired regular status in the system prior to such promotion, he may be discharged without right of appeal to the Board. 2.24.090 Eligibility Lists. A. Priorities. Priority for consideration for employment shall be given to eligibility lists in the following order: reemployment eligibility lists, promotional eligibility lists, and open eligibility lists. B. Reemployment Eligibility Lists. The reemployment eligibility list for a class shall consist of the names of the following: 1. Layoff: Regular employees who have been laid off for lack of work or lack of funds. 2. Position reallocation: Regular employees whose positions in a class have been reallocated to a class with a lower maximum rate of compensation. Such names shall be placed on the list in reverse order of layoff or position reallocation. The order of layoff or position reallocation shall be on the basis of inverse employee seniority in the class. C. Promotional Eligibility Lists. Promotional eligibility lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination. D. Open Eligibility Lists. Open eligibility lists shall consist of the names of all candidates who have been successful in an open recruitment and examination. E. Layoffs. The names of probationary employees who are laid off or reduced in rank for lack of work or lack of funds shall be restored to the same promotional or open eligibility list from which the original appointment was made and in the same order as when the original appointment was made. F. Certification. Certification shall be made in conformance with the following provisions 1. If a reemployment eligibility list exists for the class, the highest name on such list shall be certified for each vacancy to be filled. Names on promotional or open eligibility lists shall not be certified if a reemployment eligibility list for the class exists. !1 1 2. Except for acting appointments, no person may be appointed or transferred to any position in the system unless he possesses the minimum qualifications set forth in the class specifications for that position. G. Duration. The duration of employment lists shall be as prescribed in the rules and regulations. 2.24.100 Selection of Fire and Police Chiefs. The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the candidates who meet the minimum qualifications for the class after completion of a qualifications appraisal process. The City Manager or his designee shall screen applicants for the minimum qualifications for the class. The top candidates who meet the minimum qualifications shall be examined in a qualifications appraisal process established by the City Manager. The City Manager shall appoint a member, or members, of the Board to serve on a qualifications appraisal panel within the qualifications appraisal process. The City Manager shall choose a candidate from the eligibility list for the class complied after completion of the qualifications appraisal process. 2.24.120 Inspection of Examination Papers. A. In General. The examination papers of candidates are not subject to inspection by the public. Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect his own examination papers, including the questions and his answers, excepting copyrighted or standardized tests. On copyrighted or standardized tests the candidate may review the accuracy of scoring and computations by comparing his answer sheet with the key answer sheet. The written comments of a qualifications appraisal board and the written evaluation of a psychiatrist, if any, shall not be reviewed by the candidate. On request of the candidate, his rating by the qualifications appraisal board shall be summarized for his information. B. Review Procedure. If the candidate believes an error has been made in the grading of his examination or in the credit given to him, he may, within twelve days after the mailing of examination results, make written application to the Board for a review; provided, however, that in such application he must state specifically and particularly wherein he believes an error has been made. All such appeals shall be conducted in a manner consistent with the rules and regulations. 2.24.130 Conditions for Employment. A. Applications. The City Manager shall have the right to require all applicants to submit applications, agreements, or statements pertinent to their employment. B. Exempt Positions. Where there is no actual break in continuous service, an employee having probationary or regular status in a position in the system who is appointed to an exempt position, shall retain such status in the Civil Service position. Upon vacating the exempt position, the employee shall on his request be restored to his former status in the position unless the reason for such vacating is sufficient grounds for discharge from the City service as described in this chapter. This provision shall not apply to an employee who resigns from a position in the system and, without a break in his continuous service with the City, is appointed to an exempt position. 17 2.24.140 Employee Appeals. The Board shall convene in regular or special meetings for the purpose of reviewing appeals of regular employees in the system who have been suspended, demoted, or dismissed. The procedures and timelines for handling of appeals are set out in the Board Rules. 2.24.150 Grounds for Demotion, Suspension or Dismissal. Employees in the system may be demoted, suspended, or dismissed only on the following grounds: Incompetency; inefficiency; dishonesty; misconduct; insubordination; or failure to observe departmental or City rules and regulations. 2.24.160 Board Hearings. A. In General. Board hearings need not be conducted according to technical rules relating to evidence and witnesses. B. Right to Counsel. The employee may be represented by counsel and shall have the right to produce witnesses to testify in his behalf. The Board shall issue subpoenas and compel the attendance of all witnesses. C. Modification of Disciplinary Action. The Board may modify or revoke a disciplinary action only on the following three grounds: 1. The facts do not justify the action taken, the action taken is unlawful or the action taken is superseded by local, state or federal law; or 2. Substantive violation or omission of procedure was made; or 3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the circumstances surrounding the offense, and the past record of the employee. D. Reimbursement. An employee shall be reimbursed for a loss of pay arising from a disciplinary action against him to the extent that it is subsequently revoked or modified by the Board. Reimbursement shall be confined to the period of time between the date of such disciplinary action and the date of the Board's final decision as set forth in Section 2.24.160. E. Findings. The Board shall certify copies of its findings and decisions to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board's determinations shall be final for persons included in the system. 2.24.190 Conflicts with City Charter. In the event of any conflict between this chapter and the City Charter, the provisions of the City Charter shall prevail. ° d ATTACHMENT 2 October 12, 2010 Council Agenda • Staff Reports from CSB Proceedings (September 13, 2010 & October 4, 2010) • Minutes from CSB Proceedings (September 13, 2010) �q CITY OF NEWPORT BEACH CIVIL SERVICE BOARD STAFF REPORT Agenda Item No. September 13, 2010 TO: HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD FROM: Office of the City Attorney David R. Hunt, City Attorney ext. 3131, dhuntna.Newpor1BeachCA.00v Human Resources Department Terri Cassidy, Human Resources Director ext. 3303, tcassidy(a)NewportBeachCA.00v SUBJECT: Civil Service System Status Update ISSUE: What will the Civil Service Board recommend as the proposed update to the Civil Service System and governing Rules and Regulations? RECOMMENDATION: Staff recommends your review, comment and recommendation to the City Council regarding enactment of a revised Civil Service Ordinance and updated Civil Service Rules and Regulations. DISCUSSION: Presented for your consideration are drafts of a proposed ordinance and update to the rules and regulations in order to facilitate the Charter Update process and to incorporate recommendations to present to City Council with respect to an update of the Civil Service System. There are three elements to the update: 1. Update and amend the City Charter; ab Honorable Chair and Members of Civil Service Board September 13, 2010 Page 2 2. Enact a replacement Civil Service Ordinance to be conditionally adopted subject to the electorate's passage of Measure "V" updating the Charter and repealing Ordinance 866; and 3. Update and amend the rules and regulations governing the Civil Service System to carry out the recommendations reached in the Charter Update process. The guiding principle beyond the above 3 elements to revision was to keep this as simple as possible. It became clear in the Charter Update process that the Board was proposing limited recommendations for the update. Staff has stayed within the substantive recommendations of the Board and has limited the recommendations to simple, non- substantive changes that clarify and simplify, such as eliminating duplication and making language and procedures consistent. Attached is a copy of the matrix that sets out the CSB's recommendations developed in the Charter Update process as Attachment "1." In addition, attached are redline drafts of these elements to the update with comments incorporated into the documents as Attachments "2 through 4" for your review. f1. Charter Update. The Charter Update provisions are presented as Attachment "2." They simply incorporate your specific recommendations made during the Charter Update process. All of your recommendations were accepted by the City Council and the proposed language will become part of the Charter should Measure "V" pass in November 2010. 2. Civil Service Ordinance. The proposed updated provisions to the Civil Service Ordinance are presented in Attachment "3." Staff has kept the changes simple and limited, focusing on the following goals: 1) Implement your direction from the Charter Update process; 2) Make the ordinance itself the substantive backbone for implementing the Charter's provisions while making few substantive changes; and 3) Make the nomenclature used and procedures provided in the ordinance as consistent with other City documents, such as the Employee Policy Manual, as possible, without effecting significant substantive change beyond what was recommended by the CSB. zl Honorable Chair and Members of Civil Service Board September 13, 2010 Page 3 There are comments embedded in the document identifying the reason each one of the changes was made. 3. Civil Service Rules and Regulations. The proposed updated Civil Service Rules and Regulations are presented in redline format as Attachment "4." The goal was to make the rules and regulations the procedural implementation of the provisions of the ordinance. Thus, we have taken the following actions: 1) Moved substantive provisions from the rules and regulations, such as the definitions and Fair Employment policies into the ordinance; 2) Moved purely procedural provisions from the ordinance into the rules and regulations, such as the provisions governing how appeals are to be handled; and 3) Deleted duplicative provisions in order to eliminate any confusion. As with the Charter and ordinance, there are comments embedded into the rules and regulations redline explaining the reasoning behind each change. 4. Future Process. The goal is the bring the ordinance to the City Council at the first meeting in October for introduction and then adoption at the second meeting in October. In this fashion it will be conditionally enacted pending potential passage of Measure W." This approach will avoid any confusion as to what the City's intention is regarding the ordinance and prevent any lapse for the City in having an ordinance and rules in place. This time table is one reason we have kept the update simple. We will, however, take what time is needed at the Civil Service Board level. Environmental Review Adoption of procedural guidelines is not a "project' as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. As a result, no - environmental review is needed in this matter. Public Notice Notice has been given consistent with the. Ralph M. Brown Act. No other public notice is required by this item. 2�2 I Honorable Chair and Members of Civil Service Board September 13, 2010 Page 4 Funding Availability Not applicable. CONCLUSION Please review this reports and materials and provide us with your questions and comments at the meeting. Prepared and Submitted by: OFFICE OF THE CITY ATTORNEY By David R. Hunt City Attorney Attachments: Prepared and Submitted By: HUMAN RESOURCES DEPARTMENT By C�L Terri Cassidy Human Resources Director 1. Matrix — Civil Service System, Ordinance 866- Implemented Civil Service System in 1958 2. Redline Charter Update Provisions with Comments 3. Redline Civil Service Ordinance Provisions with Comments 4. Redline Civil Service Rules and Regulations with Comments .. .. 1A10, 002501 -CSB StafiReportre CM Service _Update - .10.09,13.___. a3 D. Advisory Role. To a ct in a n advisory capacity to the City X Council on personnel administration in the City service. Section V _.... ...._ __. ...... ..... __ (501.5). • EPM= Errlployee POliry Manual EEgP_ Employ ee /fmploye�gelatlans gesolullon X section to Rules Add Not and to Needed ulations EPM 4 f .0.3 /zmo z 'I Civil Service System Ordinance 866 — Implemented Civil Service System in 1958 _ Section of Ordinance 866 (as codified in the Municipal Code) - _._. Covered by I Covered '. Covered by CS I Covered by Covered Already .. .__.. ',,Add /Revise FBOR /POBR by5kelly :; Rules and EPM /EERR` by MOUs/ in City -I City _ _ Regulations - SOPS Charter -- Charter 5eption llNBMC229 .010)Definlflons ryr.....,m, .... .... _.. .— .....«.. I X.: f X. Section 111 SeR °n2 f ,L _, .. _.. _ ...�__ EPM: Section 21NBMC 224.020) Indusion in the System. All full time, regular, and permanent positions and employment in - - the Police and Fire Departments are included in the system, X X X4 except those positions excluded by Seaton 602, of the City - Section IV (401) Section Section 802 _ Charter. The City Council, by ordinance, may include mthe ', ', ', 802 system positions in other departments. _ Section 3 (NBMC 2 2_4A)3_ 4.030) Purpose of the System: _ X XS Section N14001 Section 801 Section 4 (NBMC 2 24 040) Board Established- X Section V(500) ! Sect on Sealed 5(NBMC 2. 24050) Responsibilities and AUthorrty of Board. A Meetings.. Bold regular meetings at least once a month Section [f Section .... (500) MI (7IM) R. Rules and Regulations. rules and regulations to X S implement the provisions of this chapter... such rules and X X regulations shall have the farce and effect of law. Section V Section ! Section (5016) ]04& 711(.) ]111.1 0. : Appeals. TO receive and hear appeals ._relativeto I X X i�;XS ...appointment, promot ion, dismissal, demotion, suspension I I ' aEitlaher disciplinary anions secd.nv I (501 } ;) Section 11i 1 Section 711 f I D. Advisory Role. To a ct in a n advisory capacity to the City X Council on personnel administration in the City service. Section V _.... ...._ __. ...... ..... __ (501.5). • EPM= Errlployee POliry Manual EEgP_ Employ ee /fmploye�gelatlans gesolullon X section to Rules Add Not and to Needed ulations EPM 4 f .0.3 /zmo z 'I F8OR/POBR E. Recruitment and Selection.._ to establish policies and approve procedure for ... recruitment and selection of ..personnel, including, . the posting of ...notices, the preparation /scoring of exams, and the establishment and certification of employment lists. P. Investigations. To make any Investlga6on concerning the administration of personnel in the City service. when requested to do so examine witnesses under oath .. compel their attendance or the production of evidence before it by subpoenas ::.. power to administer oaths to witnesses. Section 6(NBMC 2.24. 060) Responsibilities and Authority of City Manager, motion f IrvuMl L La u/u At Appointments. A General Policy. Appointments shall be based on merit and fitness.. section 7 (8) (NBMC 2.24.060 B). Employment Lists with respect to reemployment lists and the selection of the Police and Fire Chiefs, ... highest three eligibles ... in the order which they appear... appointment shall be limited to these eligibles. - ..... _ Section 7 (CG) (NBMC224.060 C -G) Acting Appointments, Temporary Positions, During Suspension, Transfers, Reinstatement. Sections 8- 13(NBMC 2.24.080 to 2.24.130) — (CSB's role in) Recruitment and 5election (generally), including selection of Police and Fire Chiefs. 1, 1ex +a+v 1 i YuY ', a. 'c cw/ I appeals of regular employees as follows Any regular - 2,3 employee .who has been suspended demoted, or X X: discharged may (request a closed-door hearing before the _CS8_).___ •s1.- c.ao'wI"MVnuvl so I= 1,1Y¢¢/1.x' We l... nesaiulain Covered by Covered by Covered Already i Add /Revise l Add to Rules ` Add Not Rules and EPM /EERR' by MODS/ in City i:, city and : to Needed Regulations Sops'r. Charter ! Charter "Regulations EPM t X X Section V Section 5 of X (501.2) EPM SOPS Secion 1 Section (501.4) 7048, 711(d) j X X X Section 4 of Sefton Section VI (600) ! EPM, EERR 504 X X Section 6 of _ EPM 6 Section (501.2.3.1 AG) X Section V Section 6 of -) { (501.2:3:2) - EPM MOus X X Section V - X (501,23.2) and Section 5 of Section Vii (700- EPM &EERR 701) '.. X y A X Section V (50131 5ettwn 13 of EPM sops 4 a5 a/v pm' lb ode) Covered by Covered Covered by CS Covered by Covered Alreadym Addto City Add to Rules I Add Not FBOR/POBR by Skelly ',, Rules and EPM /EERR' by MOUS/ i City Charter and to Needed _ Regul.0i SOPS Charter Regulations EPM Sectumix r , r Section 20 (NBMC224.190). Conflicting legislation, Conflicts with City Charter. .— Amendments Section 23 Effective Date r j What Skelly Says: 1975 California Supreme Court decision —generally, Skelly requires that the employer provide a written pre - disciplinary notice to include: • A statement regarding the charges; • The effective date of the proposed discipline; • The reasons for the disciplinary action; • The specific policy or rule violated; • A copy of the materials upon which the action is based; • A statement of the employee's right to be represented in a Skelly hearing; • A statement of the employee's right to respond to the authority i mposing disci pline(usually a manager above the level of the em ployee's supervisor. The purpose of Skelly is to provide due process for employees Firefighters Procedural Bill of Rights (FBOR). AB 220 (Bass, 2007) generally says that fire fighters have the fallowing rights (not an exhaustive list): 1— Privacy Rights • No forced disclosure of personal financial information unless required by law or a court order. • No forced submission to a he detector test, or discipline for refusing to submit to one. • No locker or private space search without consent (except under certain circumstances. • May participate in off -duty political activity. • May serve on school or local agency board (other than employer. 2— Investigative Procedures • No physical or psychological intimidation, offensive language, threats or extortion during interrogation. • Advance notice required of the nature of any investigation and who is doing the interrogation. • Interrogations maybe recorded, and employee must be provided copies of all recordings and transcripts. X X X� a /1a /2010 r�7 • Interrogations must take place on -duty, at a reasonable time (or compensated, if it takes place off - duty. • In passible criminal investigation, employee must be advised of constitutional rights. • Employee is entitled to representation prior to being questioned on any potential case involving charges or a criminal probe. • Testimony can't he compelled on potentially incriminating questions without a written offer of immunity from criminal prosecution. 3 — Due Process Requirements • Employee can't be punished if investigation isn't finished within a year. • Employee can only be reassigned to other normal departmental jobs. • Fire Chief required to provide written notice of removal, including reasons and appropriate administrative appeal. • Firefighter must have access to any adverse comment in personnel records before it is submitted. • Adverse comments must be signed by firefighter before going into personnel record. Employee response must also go in record. • Fire chief must provide opportunity for administrative appeal before removing an individual from their job. • Appeals process must conform with protections contained in Administrative Procedures Act. ' Public Safety Officers Procedural Bill of Rights Ad (POBR) — Government Code §3300 -3312 generally says that sworn peace officers have the following rights (not an exhaustive list(: • No forced submission to a lie detector test, of discipline for refusing to submit to one. • No forced disclosure of personal financial information unless required by law or a court order. • No locker or private space search without consent (except under certain circumstances). • Employer cannot force a peace officer to take a photograph where the employer would use it for promotional or other reasons. • Right to review personnel records, right to ask to correct personnel records • Officer must have access to any adverse comment in personnel records before it is submitted. • Adverse comments must be signed by officer before going into personnel record. Employee response must also go in record. • May participate in off -duty political activity. • May serve on school or local agency board (other than employer). • No physical or psychological intimidation, offensive language, threats or extortion during interrogation. • Advance notice required of the nature of any investigation and who is doing the interrogation. • Interrogations may be recorded, and employee must be provided copies of all recordings and transcripts. • Interrogations must take place on -duty, at a reasonable time (or compensated, if it takes place off - duty). • In possible criminal investigation, employee must be advised of constitutional rights. • Employee is entitled to representation prior to being questioned on any potential case involving charges or a criminal probe. • Testi many can't be compelled on potentially incriminating q uestions without a written offer of immunity from crimme l prosecution. • Right to wear an American flag pin. "Section 802— Add Assistant Chief to list of Exempt Positions and remove the exclusion of Library personnel. s Incorporate Ordinance 866 language to Charter. Special Note: When revising Section 711(c) —do not include the fallowing language from Ordinance 866 (NBMC 2.24.050 C) "original appointment" in the new Charter language. Change language in Rules & Regs to clarify "highest three eligibles" so it may Include the highest three scores rather than specific three names when there may be a tie. t Change language in Rules & Begs to be consistent with the Employee Policy Manual. mrarmm 119 CIVIL SERVICE CHARTER PROVISION UPDATE 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 t amendment or repeal of civil service system 'rules at the Comment [DRHlj: Added fro rry Y 2Q,050 (b) Act in an advisory capacity to the City Council on problems concerning personnel administration. (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 Page 1 [A10-00250] -Civil Service Chorter Provision UpdOt - Redline- August25,2010 c} i Comment [aRH3]: Deleted s'mre no ]anger necessary Comment [DRH4]: Addedtrom semon Y24.030 The City Council shall by ordinance continuously maintain this a= sivi(- service- system for camment[DRHS7 54npllficahon of language the selection,-employment, classification, advancement, suspension and discharge of comment[DRHSt Par 68 andenturdallon tonot allow apPl cantsfar anginal appointment to those appointive officers and employees who shall be included in the system. The have appeal rghts system shall comply with all other provisions of this Charter. Section 8012. 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: I . All elective officers. 2. City Manager, Assistant City Manager, if an y, one "G e secretary, executive �„ asftWjOo the City Manager, City Attorney, Assistant City Attorney, if any, City Clerk, 46mmemt[oRHTi Current awdfjfl.' Director of Finance City Engineer, all Department Heads and ps'sistsnt Chiefs in;,ihe Pollee and`FifeDepartmentS 3ff= ;ehlp� y�[{7j =1,g C OM - rnenC [4RH8]c Create assistant chief t_iiirarf -_ „{ Pa314pns. a. —'- -, Co'mmegt {DRH9] clarification dug(ochariges 3 All members of boards and commissions. Fcngs<rs_aiueaneno need worhaate 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. Page 2 fA10.00250 1 Civil Service Charter Provision Update — Redline — August 25, 2010 0 f Section 8023. 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. End Page 3 /AI0.002501-Civil Service Charter Provision Update- Redline - August 25, 5010 3f ' CIVIL SERVICE ORDINANCE PROVISIONS Chanter 2.24 CIVIL SERVICE SYSTEM Sections: 2.24.010 Definitions. 2.24.020 Inclusion in System. 2.24.030 Purpose of System. 2.24.031 Fair Employment - - 2244040 Board Established. 2.24.050 Responsibilities and Authority of Board 2.24.060 Responsibilities and Authority of City Manager. 224.070 Appointments. 2.24.080 Recruitment and Selection. 2.24.090 Employment -Eli Iblll 45ts. - 2 24 106 - -- Selection of Fire and Polfoe Chiefg, 2 -24 44,4-- €xammabon-.4nnouncements 2.24.120 Inspection of Examination Papers 2.24. 130 Conditions for Employment 2.24.140 Employee Appeals. ' 2424.150 Groundsfo[. Demotion, . Suspension br D{schargeDismissal Board Hearings. Polihcal- Aotivitios. Status ef- @rior€nrployees Conflicts with -City Charter. L.ea L uH— i; 0alneanofitiOna�tlons— Amenamerlt& 2 24 210 - "P;enalty for Violation. 2.24.010 Definftions..:,.... The following terms, whenever used in this chapter shall be construed as follows Comment [cI]: Changed all ":td%harge'to ^n &missal in this da6dmen`fto rtrake cbrivstenc , w htlarter. 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 o[�(erigitii y list; to a position occupied t Comment �c2j, Chpngedafl "efpptoyrjiehr nits by a regular employee on suspension as provided in Section 2.24.070; or to a position occupied by i to7el nna6 this documenttn}naka a probationary or regular employee who is on a leave of absence. y con st oL�rct; sm6lgy4ePol� gManoar(svns1 ;j. 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. 3 } 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 employmenteligibility 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 p authority, and minimum qualifications for emplo; title and the equitable application of common,sta Class Specifications. The term "class specificati setting forth factors and conditions which are es Continuous Service. The term "continuous service" s interruption of an employee having a probationary or Copyrighted or Standardized Tests The phrase "coF written examinations which: are used by agencies a# Demotion. The term "demotion` Shall mean the redut class to a position in another class _which has a lower Department Head. The term "department head" shall established office or department, . Os sufficiently, similar in duties, responsibilities, t to permit combining them under a common ds of selection and:eompensation. shall mean a written description of a class, al characteristics of positions . in the class. iall':mean the service without break or or standardized tests" shall mean the City of Newport Beach. Lion of an employee from a position in one maximum rate of compensation. mean an employee who is the head of an shall mean the termination of a regular employee pursuant to Section 2.2,4:140. Eligible The term "eligible shall mean a: person whose name appears on an ee ploymenteli iibility list Employee. The term , "employee': shall mean a person legally occupying a position. Employment -Eli ibib LI$tsThe term "employmentelioibility lists" as described in Section 2.24.090 shall mean a list of the names of candidates who are eligible for probationary appointments to positions in a particular class. Entrance -Level Position. The term "entrance -level position" shall mean a position in the first or beginning class in a series of classes which have increasingly responsible duties and progressively higher minimum qualifications and compensation. Exempt Position. The term "exempt position" shall mean those positions which either are specifically excluded by the City Charter from the Civil Service System or which are not included in the system in accordance with Section 2.24.020. �eamment [ea): Ct,ange4 to be conzrtent wrth � Charter He /His /Him The terms °he`= his," "him "shall ind d the fem €nine anal thus shall tie enderneutral comment [caj: Aadedtobe s,enrktiueurral 33 Lateral Entig_Thls is an op i§tIpf thehlnnn of ex - ,ienced isdns In defined' classes - a dRe 6iv71- Service- Bear6- at a level.of pa commensurate with the level of experience. In Some `comment [csi: aemowaeoa.a per area onin 3� eei experienCE wltl to the place a the written exam': 1 Cb.ft r update praes: i Come67rAdded from Rules &Rgs 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 ofia. 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 maximurnrate of compensation. Promotional Recruitment. The term "promotional recruitment" Shall mean a recruitment that is restricted to City employees Qualifications s Appraisal Bdard Unleseothenvise as `n tetl hall Wsvnonvmous;�with orafbdatid" cpmment[o77: Added from Rtdes$pee, 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;tgrm "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. 2�) , Resignation. The term "resignation" shall mean an employee's voluntary separation. Rules and Regulations. The term 'rules and regulations" shall mean the Civil Service rules and regulations adopted pursuant to this chapter. Selection. The term "selection" shall mean the process of evaluating the qualifications of candidates through one or more techniques. Separation. The term "separation' shall mean the termination of an employee's service with the City. Suspension. The term "suspension" shall mean the temporary separation of an employee as a disciplinary action. System. The term "system" shall mean the Civil Service System created in accordance with this chapter and the Newport Beach City Charter, and including only those positions to which the provisions of this chapter apply. Temporary Position. The term "temporary position" shall mean a position of limited duration. Transfer. The term "transfer" shall mean a change of an employee from one position to another position in the same class or in another class having the same maximum salary rate, involving the performance of basically similar duties, and requiring substantially the same minimum qualifications. Vacancy. The term "vacancy" shall mean ,a position that is not occupied by an employee having either a probationary or regular appointment. ._ , 2.24.020 lnclusion,in System. , Pursuant to Article VIII of the City Charter, all fulf -time, regular, and permanent positions andrp[ employment in-on the Police and Fire Departments are included in the system, except those positions excluded by Sect drr 3dl2 bf the City Charter. The City Council, by ordinance, may include in the'system positions in other departments: HDnD-866-§-2-,-NoveMbe, off,4W Purpose of System. The purpose of the system is4o,establish an equitable and uniform procedure for dealmghandhng 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. , Cotnment (DRMii]: Ordmanee S6fi being repealedand oewnrdmancewiJl neetl tp be ref renced Cmomegt [aSj: Changetl to peons sfent wifh [, tOUmmegt(C10]e Changed So be<om)3teniwhp Chart ?lammentdORNl'(j Aldde'd itatrysl%s& �Rgg lac ,nf 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. ( 9r9,- @g6- §- 4= Plauember- 2d -1858t 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:ot 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.. can ,the City employowntrelaave'to engutaFaM,�appo"rntment, promotion, Colnment jeRE1127 eilTj t ndiaare ds;pissaf, demeNori suspension de 'bL n dismissal r. and -ot her ¢isaplinary actions; the alleged appeah violation of this chapter or the rules and regulations; and to certify is finding and recommendations Comment te137: chaoseat be. scent wtth as provided in this chapter., charter D. Advisory Role. To act in an advisory capacity to the City Council on personnel administration in the City service -- Fi?EGt�/1i11nL'nt 2gd fie% f3�eC "tllE frFQVI6JO(1sI ^ °°•aP' ° ^ " "4'r`d IN4lesaoi ... a s ..__. •, . ,.z. for ,.. on I , � �� . .. _ GgrfimtrlCipRNk¢] EII[ninPtEfrgf hane,daY � 3o aav raze in �er�pmeaU APPe?I,process retain`etl= EF Investigations To make any investigation concerning the administration of personnel in theino'tneruttton: pity- municioa!'service antl repdrt itE findiri� to the CRy Councl and.C'ily MaBagefwben requested 3e po sdiby-the city Council, "i Crty�Manag? or by any mganized CityEemployee's associabdit; Cu�mment [tfs7: Ghangea roneconsistentwim ehefte _J In any investigation or hearing'Riconducts, the Board shall have the authority to examine witnesses under oath and to compel their' attendance or the production of evidence before it by subpoenas issued in the name of the City and attested by the City Clerk. It shall be the duty of the Police Chief to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoenas shall subject said person to prosecution in the same manner set forth by law for failure to appear before the City Council. Each member of the Board shall have the power to administer oaths to witnesses. 2.24.060 Responsibilities and Authority of City Manager. The City Manager shall be responsible for the following: A. Rules and Regulations. Preparation of amendments to the rules and regulations for 26 recommendation to the Board. The City Attorney shall approve the legality of such amendments prior to their submission by the Board to the City Council for its approval. Rules and regulations shall be adopted by motion of the City Council. B. Class Specifications. _ , The preparation and revision of class Comment[oRB ej: El meats aavtaaav specifications for positions included in the system. oversight of recruitment 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, cenlfcatioh -, extension or vacation. and use of employment eligibility lists. 3. Certification and appointment of eligibles 4. Evaluation of employees during probation periods and periodically thereafter. 5. Appointment, transfer, promotion, demotion, rejection, layoff, dismissal and reinstatement of employees. 6. Allocation of positions to classes on the basis of duties, responsibilities and minimum qualifications. !: 7. Maintenance and use of personnel records. 8. Maintenance of effective communications between employees and their supervisors; between employees and the City Manager; and between employees arid the Board relative to conditions of employment. (Ord, 866 § 6; November 24, 1958) Comment[eRrill ClearlyidenGfythe Crty Manager as responsible for eligibthtyllso D Delegation of Authority -Ar or�Il'vf thaabove functions and aver all functions designated'to he perfgnnedby tho Cdy Khanaoer und'er3he rules and'r 10' s trons ma'y;tie`delegsteel by the City Managerin wntmgm his orizerdieslonee.911 Clty Manigeri0e9fgnee shallhave- theauthorit4'[o conduct the fdnctionsiielegated as df lie or ahe werz the C,tty Man3get cpmr t[oRHie7 Alt000ior,,' yi namager, defegatien of aUttio(`{y spec flwlfYthe`delegajrons CgtheMRDi2ctorla[er andlh tfierules 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 empleym4sr# ibility lists by the department head on approval of the City Manager. B. E... ent ; idlbHitrl✓el Subject to the provisions of this cha ter with res ect to " P „ Cnnitferlt [ORH14] Md}e,term con, ;ittent , nsempleymeMaistreemployment eligibility Ilsts ,when ,�pisRSgM: an appointment is to be made the names of the elrcfibles wrath the hgh'estihree scoreshighest three edrlian'entgilRx3uj, gemo�e tale frf efgibtes willing to accept appointment shall be certified to the department head in the order which (ecta; par offn7efojreers, -„ they appear on the appropriate employer ill ibili list and the appointment shall be limited to comment [ezt7; ciaziries me meenr ofine mk,'`. these eligibles. of three w fie ,hree scores natehree mdNdua! names C. Acting Appointments. In the absence of an empbymenteligibilify, 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 eli ihilit list for service rendered under an acting appointment. 7 D. Temporary Positions. Appointments to temporary positions need not be made from employmenteligibility, 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. C. Reinstatement. Provisions governing the reinstatement ofaformer employee shall be provided in the rules and regulations. 2.24.080 Recruitment and Selection A. Recruitment. Recruitment shall be specifed#iythe- $eardas 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 appreved -by the -@eaFd 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 faiily,evaluates the candidates; 2. A probation periot positions included in position shall not be time within his probe head and reducedzt Board, provided he J acquired regular star appeal to the Board. 2.24.090 Employ A. Priorities. Priority the following order: r lists, and open emph �wmmenE[pRH,$21; The 9oardhsdeteted from :. tits process pursoenF_COthe tleeltlpn dynpgYhe Clidner Update process "'The Sectlpnsa('q iateined in grder tp p,. rI& directlon and sirvctyretp msTmtmgri[and pmmotlon. in the rules and regulations shall apply to all appointments to ept acting appointments. Successive probation periods in a vent of promotion to a position in a higher class and at any a position, an employee may be rejected by the department occupied" prior to such promotion without right of appeal to the filar status in such former position. If the employee had not ,prior to such promotion, he may be discharged without right of oyembe -24, t°wsi `CpmmenE IDRHUI Changeterrnt{�taUghout t,�'rGS,t3 ,to mak`t the same aSEPM: "' n for employment shall be given to employmenteligibility lists in reemployment eligibility lists, promotional employ menteligibility B. Reemployment 1i Eligibility Lists. The reemploymentlistreemplpyme_nt eligibility list for a class shall consist of the names of the following: 1. Layoff: Regular employees who have been laid off for lack of work or lack of funds. 2. Position reallocation: Regular employees whose positions in a class have been reallocated to a class with a lower maximum rate of compensation. Such names shall be placed on the list in reverse order of layoff or position reallocation. The order i' of layoff or position reallocation shall be on the basis of inverse employee seniority in the class. C. Promotional EmploymentElioibility, Lists. Promotional employmenteli ig hility lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination. D. Open EmploymentEEli bility Lists. Open employmenteligibility 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 eligibility list from which the original appointment was made and in the same order as when the original appointment was made. F. Certification. Certification shall be made in conformance with the following provisions: 1. If a reemployment- Iistreemplovment eli ig bihty 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 employmentelii ibility lists shall not be ce the class exists. 2. Except for acting appointments, no person system unless he possesses the minimum qL position. G. Duration. The duration of employment list farms - -§-9 Plev`ember- 24- 1958i. for r transferred to'any position in the in the class suecifications for that be as prescribed in the rules and regulations. 713 CnrnmmtFDRH743: Delete rok idreaortmenC ofaief Officers per direction in Chatter(updale p�oce s bC,pmmInt {ORH7S3; P pmcedu,erpaatter' red m the rµksand regulations 2.24.120 Inspection of Examination Papers. A. In General The examination papers of candidates are not subject to inspection by the public. Upon request made within seven days titter 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 test$. 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 ever 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 sti pe such app) J(h _aYd:for a review provided, however, that goiR�t hem st state specifically ado articular) wherein he believes an error has application particularly as been made. eBoded re ann,rdhe dope cap- acifjoftheeaaiA re euammatran and All such a _ eals shall be conducted in a manner consistent with the rules and regulations. appomtmennrtsot not rok in daily p+ocess, ' U6oafisserpS. ef- SUGh- aPPlioaNeftantlia- no- ca56atertla?ra+ ts- nexExagalof *meetfrigragge,'@eal�:sGtaA 8x3nbnG tFieieedldaK 'r9pap8r9andgEaC{ES1A?f 8 /rOf`- ,eY- 1F}JH64(p.2 S))aIFQ�9Fi'eG{t+. nd'2Pijr ehange- ir+ib�ptaewf- standing- ahsa�id2tesa�a- resuktMereotsMaw4�e- made- by- EhaBaard: rile appemtmerits,sfiatl#B- mad®dr e- dearq- has- apted,apenfruo�t ep{ lf�i{ er# ETF{ e- �}93rd&de @Yeier4andl4, ®eftna�t Cumm2nt e27 s a roceduratmattcf mvered � I { ] P y. m the rules and regulations. 2.24.130 Conditions for Employment. A. Applications The Cb IfAanagef- @eai�shall have the right to require all applicants to submit comtrimtt FDfix'1@� aangea smccciry ' applications, agreements, or statements pertinent to their employment. pv sdanccndreainti iieetend ue4 apes o eP , 7U 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 - § -43; No ,.. 44W 2.24.140 Employee Appeals. 2.24.150 Grounds for Demotion,: Suspension or OisehargeDismissal Employees in the system may he demoted, suspended, or dischargectoism ss_ed, only on the following grounds. Incompetency; inefficiency; dishonesty, misconduct; insubordination; or failure to observe departmental or City rules and regulations. , 2.24.160'Board Hearings. A. In General Board hearings need not be conducted according to technical rules relating to evidence and witnesses.' B. Right t0 Counsel. The employee maybe 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 aft Witnesses. Comm¢n![C291:, Changed to beconsistent with Lbarter _� SQmmeelt[1t.RH361: Kepmgsubstankveistue ,re'dVGRahUnsdm [ mn m the prdmanm tij2momng the prxedural matters Ce the rules andeguiaz ons r— 9 Chaete, jC3X%f Changed to he cooas[ent wrtYi C(tarter C. Modification of Discipfinary Action. The Board may modify or revoke a disciplinary action only on the following, roUrl"da` J, The,faots dp 601 justify the action taken: the i "n taken is unlawfuLp r the actwrif ken is 'superseded b' looah s ate dr ede la " -b '1..Suti "stanflveolaSi © .- vj1 -gr o7niss`wn of prukcedure q{as FnAdepr. eojmmen![�%i. ehangedrohaeon :iseentw�eh �. Chart r a 3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the circumstances surrounding the offense, and the past record of the employee. - D. Reimbursement. An employee shall be reimbursed for a loss of pay arising from a disciplinary action against him to the extent that it is subsequently revoked or modified by the Board. Reimbursement shall be confined to the period of time between the date of such disciplinary action q1 and the date of the Board's final decision as set forth in Section 2.24.160. E. Findings. The Board shall certify copies of its findings and decisions to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board's determinations:. dedisionshail be final for persons included in the system.# aid -MA 111 16 �Comme tIC331 cn ng d to be consste ntwth Cltarter 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, (Qrd- 866 4 2D; November -24 -4958) qa Civil Service Ordinance Rewrite 2010 — Redline — v 3 bradds epmsnenxCa}R�¢7 Nmcnea.caeeeawheo ;9[d�gance 866 sred2aled Cdin 6191t[URR37]: Reccmmehdremoving Not', thed and rompilgtes the system bV add nga <rj{nlnelrcomponent : i k' 3 Newport Beach Civil Service board -System Rules & Regulations April -2D08 Redline -September 3 2010 SECTION I PURPOSE ................................................................ ..............................1 SECTION II ENABLING LEGISLATION ....................................... ..............................1 SECTION III DEFINITIONS ........................................................... ..............................1 SECTION- W— CA4L -S €RACE SYSTEM .....: :.— :.:. ............................... -. -44 400. Establishment... . . .... ......... ...... .......... 44 401,.... Positions - Included .._... ......... ......... ........:. ......... ....,:::..4q 402. - Purpose ....:. .................. ............................. ............ ........................................... :..:..- .- .,..44 40a.— Fair - Employmentm...,::.. -::: :....- .:.,— :.- -.—... ..... -, .:.. — .:.. ................ .— �......-.....,,___44 SECTION IV CIVIL SERVICE BOARD ......................................... .............................46 5400. Creation ................................................................................................................ ..............................5 SECTION V RECRUITMENT EXAMINATION AND SELECTION 6 .........- 504:2 - -- Recruitment,-- E-xaminatiory end- Selection . - . -::,- .....::..::. ...: -, -:56 . 503.2:1500. Recruitment . ...... ....... ............................................................................. 6 Examination ..........._- 50 -1 -. .23502. Selection ............................... . .. ...................................................... 89 - - - - -- 501,2.8:7502.1 EmploymentEllig Lists. ...... .. ............................................... 69 Other Appointments and Personnel Actions .....................1213 - ---- - - - - -- 501:2:3:3 -502.3 Probation Period.. ....... .... ..................... .... 13-14 SECTION VI DISCIPLINARY ACTIONS APPEALS AND HEARINGS ......... .. ..15 501 -.3 - Disciplinary - Actions, Appeals,- and44ear4ngs-.— ....: ..:::. ......:.: :. .. _:.1445 - - 501:3:1800. Disciplinary Actions. ............ ..... 1416 - 501- :3.2601. Appeals. .._.. _.... ......... ......... .......................... 1416 -- - - - -- -301 -3602, Hearings ...... ............................... i ........1516 LA Newport Beach Civil Service BoardSystem_Rules & Regulations Apr41-2008 Redline -September 3 2010 SECTION -VI - -- CITY - MANAGER ::.:: ......:,.1617 600 : -- Responsibilities - and - Authority ....... ............ .......... ..::.,:.. ...:::.1617 -- 600.1 - -Rules and Regulations .... ......... .................. .: ........ .::::: .........; .........161.7 -- 600. 2 -- Class Specifications..... .... ....... ......... ,.................................... _.:: .:,: ._..::161 -7 - 600.3 Personnel Procedures ......... . ..... .: ....::: :... .._.. .. - .:::.::161 -7 SECTION VII -- SELECTION OF POLICE AND FIRE CHIEFS- .::.1718 700:- Intent .... >:... ........ .....::: ...,.. -..: ................................ ......... ..: ::::.1718 701.- Selection - Process ......... .... : ::.: .....::: ...,..:,. ........ .........1718 SECTION- VIII- R€PE-Al ...1719 SECTION VIII X .................................................................... ...................SEVERABILITY 1718 ii Y5 I Newport Beach Civil Service Board - System Rules &Regulations April 2008 Recline -September 3, 2010 SECTION I PURPOSE The purpose of the Arules and Aregulations contained herein is to implement the provisions of Gi4mapwa Civil Service. an Cgrainanm relating to COM-M-M-MED—ft"n]; cwgm SECTION 11 ENABLING LEGISLATION The establishment of these Rules and Regulations is authorized by Section ,2.24:050C 6 (b) of GFilinanee 2.247; Commnt(DRH2]: Chmgwtomflr�tChAn�, i. , Updae r..&Ii.. SECTION III DEFINITIONS Allocation T-I;e position to the prepOF G!aS$ Ik*aW�iipe,vA#; !he sp#slf�at Board 5-B Qvi! Se -P t 4he Gandidate E �,/ 1 I Newport Beach Civil Service Board-System Rules& Regulations April-2M Redline -September 3, 2010 i�we�q6jbiq ' defnedn¢ the ordinance under "Enhance lecel ,. rfyproIldedmd. F4 dk A6t F �td%e q 41 j Newport Beach Civil Service Board -Sy_si em Rules & Regulations April -2008 Redline - September 3 2010 A ae Probationary- S4atus Qki2{i4162t1OAfi -Ap@ Unless taoard` =. 3 commpart[DRAB].. 'C.i, pcovidcd undo 9�NOn P24.6tOr - Oommmt t<I.01Y4dd toz2ao 10 �� r Newport Beach Civil Service Board - System Rules & Regulations Apri4-2008 Redline -September 3. 2010 iea _. - Susie Comment[DRHSY]: Cvmatly BNY�ded order' ts4etian 2.24y19 S €GT'^"'I�o.. V CIVIL—SERVICE-SYSTEM 490 -�eFt4 Fhe & rvi1- Serats9- SYSterrr- witFi�H- N3e- Ety- ot- NevuporE89�Gk�ivas�stablisped putsuaDt- to- ArkebY111 °••••°�n?°^°^�. 2Comment 4010 kIDRH }37: IucWAedmsaxiou 224.919. 40b--- f= esR�ens- lncleded 4 Newport Beach Civil Service Board S_ystem., Rules 8 Regulations ApriV 2008 Redline - September 3 2010 SECTION IV CIVIL SERVICE BOARD wwo. 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. 504401. Responsibilitiesand- AgthoritvMeetings 501-4 -- 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. _..__. _507.7;7401 1 Tmes of Meetings A. Regular Regular meetings of the bBoard 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'tirte adreed to by the Bbard ipian open meeting. Any other meeting of the Board shall be a special meeting. comment [CIS]: enansm wtlazify sot expmsly vam <urtent pxocedu7c 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 - .2401.2 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. 5014 - .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. 501 - 1-,4401_4 Agenda All written communications to the Board, and any matter to be considered by the Board where practical, shall be summarized in the Aagenda. No matter shall he considered by the Board at a special meeting unless it appears on the Aagenda. SECTION V RECRUITMENT, EXAMINATION AND SELECTION cn, � _oe,. I; men [;,- €xammatier±ar�d_Seleg(iaa i Mahe ensball e5tabhs liae5 an¢ §Pi> pye, pfo @d} }aJ5;9(�f�P�..7epf�I�thl0ht gdq seler, ibri of � e ' ....{1kC PM,tjel; tnaitt'el {n9 buG; of 7iMtt io;` e.F @sS�kh9, Pi tparltlbg rem np0iga , O"p 5 60 Newport Beach Civil Service BoardSystem_Rules & Regulations April -2008 Redline -September 3, 2010 504.2:1500. 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.500.1 Recruitment Notices Notice of any open c information required by recruitment notice. 8.500.2 Applications oeiow, may The Beard— City Manager shall have the right to require all applicants to submit applications, agreements, or statements pertinent to their employment. G.500.3 Resection of Applications domment [pRH177: Makes Crry M3n3,, responsible for Rwr it..t; but sell must follow the ':ordinance and mlu The same is true for iho ' changes m the balavice ofNe section. e Comment [CIa]:Allawn HR ".—t ILn pm¢ penod a mcrvitmen4mopen w enheroneweek v a cerfaitnombcr ofapplwabons comment [e19] :Changed to mile t re ' numbering system 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 hisAaerhisl application with regard to any Comment [czo7i:enangm tangnag <iobe material fact coaatamm wmn oraman<e 3:1 Failure of the applicant to submit an application within the time specified in the examination process. - &500.4 Examination Announcements Examination announcements shall be posted not_lewItherkfor a mmllnum of one week priollo the ,finah'da(e for- subrgtrhng ap ]gaflgps unle aAmgedxQa Vdf a'pplieations tape atetl "as molested on the nobcetwevesks ';prop(- ts- tlaeziinah$a#e,0 spbfn]R {fig apply #rons Such posting shall be in a conspicuous place at the City Hall, at cummentCoRitz`t ] i thaaga(a becom�stmi the Office of the appropriate Department, and at such other places as the Board Human w)rh City pm <d<c nnA! epM aPa ro�l{3w.g,eAW, t Resources Director deems appropriate. In addition to a description of the examination 1�b lily _ scope and the relative weight of each test to be given, the examination announcement `epmmmm[czzC:;enanyrearer cry btanager shall contain information on salary, final date for submitting applications, working auinnnry. conditions, minimum qualifications, and other information of interest to a prospective applicant. 501,2 2501. Examination A -501.1 Scope The scope of an examination for a class shall be dpproved-#iy4he- 8eardandstated in the f CgMment [cza] changed perdne2uanan examination announcement. It may consist of any one or a combination of the following Ch 'Update pwp m 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. 6 51 Newport Beach Civil Service Board - System Rules & Regulations Aprik2008 Redline - September 3 2010 Applicants will not be permitted to participate id the examination process if they have Comment [C24]z r mtren tanomge cored J participated in a previous examination by the City of Newport Beach for the same positron "— - — within the last six month period. On a case by case basis, the 9A4- wise-@ear9.City Manager may waive this rule for promotional testing only when recommended by the Comment [c25): C�g� pe aty Mamger -, Police or Fire Chief. a.wo a _ Lateral candidates may not be required to take a written examination. 8,501.2 Passing Scores 1A- The minimum passing score shall be 70 percent for written and performance tests and for ratings by Qgualifications Aappraisal Bboards. 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. - 2B. The following tests shall be scored on a pass -or -fail basis using the standards specified (3)1. Tvoing, dictation, and other skills tests Minimum scores as prescribed in the class specifications. (b)2 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. (s03. 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. " (6)4. Psychological evaluation Emotional maturity and stability as determined by the City's Psychologist or Psychiatrist in accordance with standards established by law. (e�9 Inspection of Examination Papers The examination papers of candidates are not subject to inspection by the public. 4 ")(a) Written tests _ Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect hislherhis 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/herhis answer sheet with the key answer sheet. 2)(b) Other tests The written comments of a Qualifications Appraisal Board and the written evaluation of a psychiatrist, if any, shall not be 7 Newport Beach Civil Service Board Sysfem Rules & Regulations April -2-009 Redline - September 3. 2010 reviewed by the candidate; on request of the candidate, his/hefhi_s rating by the Qualifications Appraisal Board shall he summarized for his /herhis information. Requests must be made within seven days after notification of the results of the Qualifications Appraisal Board. (t)5. Review Procedure It the candidate believes an error has been made in the grading of his /herhis examination or in the credit given to him, he /shehe 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/shehe must state specifically and particularly wherein he /shehe 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 employmenteliaLibil> � lists until the Board has acted upon _ such application. The Board's decision shall be final. (g)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. 4) Failure to attain a satisfactory score on any test conducted as part of the selection procedure. 503,2.3502. Selection 50L1 -, 9- 1b02,1 - _-- .,,. -„ € mpleymerat- Elidifiilit4listS�... __. ICgMment[oRH25] makcconsrsteucav�tif', l 5PIxt,Mwaalogy. l A. Priorities - Priority for consideration for employment shall be given to employmenteli ibih lists in the following order: reemployment-- listreemplovment eligibility lists, promotional employmen(eligibility lists, and open employmenteligibility lists. - B. Reemployment Eligibility Lists 1. Defined A reemployment eligibility list for a class shall consist of the names of the following: (a) Reoular Employees a 6 3 Newport Beach Civil Service Board Sy tern Rules & Regulations Apdt -2008 Redline - September 3 2010 i) Lavolf 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 eli ibilit 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 twoweharfrom the certification of the list, whichever first occurs_ ',Coi�m�tjoRM277r eery nro�des ewoy�s.:: �Sp.UOn'S7c. 3. Removal of Names A person's name shall be removed from a reemployment fistreemployment eligibilitXlist for any of the following reasons: (a)j]. If helshehe fails to respond within seven (7) calendar days to a - certified mail, return- receipt- requested inquiry concerning his/herh_s interest in being reemployed to a current vacancy. (b)2j If h /shehe declines reemployment to a currently existing vacancy- (o)Q) Disclosure of any conduct that would he grounds for demotion, suspension, or discharge. - (dKj 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)5) Reemployment of the person. C. Promotional EmploymentElioibility Lists 1. Defined Promotional employment eligibility lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination. 9 r Newport Beach Civil Service Board- System,Rules & Regulations Apri12008 Redline -September 3, 2010 I D. 2 Expiration adGBnC¢dfiOtlGe Of the add¢(Onal year BXt¢psl0p: Onmment[DR11281: Canfie lfkh wedareaE, IiStsaiM idwrtfied Numan Resources Driecror as @e l 3. Removal of Names cerc,bwgmdivmuat:� A candidate's name shall be removed from a promotional empleymente, lgibility list for any of the following reasons: (a)12 Termination of his /herhis City employment. (b)21 If requested by the candidate. (c)3) If the candidate declines an offer of appointment to three (3) different vacancies. (d)441 If subsequent to the establishment of the employmentelgiMity, list, there is evidence that -. the candidate does not possess the minimum qualifications required for appointment at the time the recruitment was undertaken. Open E- rnskavmenfElinibili[v Lists 1. Defined Open employmeateli ibilit lists shall consist of the names of all candidates who have been successful in an open recruitment and examination. 2. Expiration An open 9RFp�tNenteligibili IisGShalf eXpirg dne yeas after thedaCe of cerbfica4on gpifF�7e @rt{pl9ymer+teli ibtli lir3t or rf the IistJs vacated spmje� by hhe SwltSefWeetBy�r9Hutnan Resourses D[fecforas provjde5i #)erein, $he pskmgyb� e #gpfled #Rr� Up f0 an'additional yeaf;o'rGrecominendatt�n 9f th�Depalf[�ent Dired�t:�dd approvaGpi'tha @eard' Woman ResoU�cea ©irector.� _ tp}{tmBnI COK41i97t Ctanfies el$cuyo dos oe.. (is(gagdide4d,1' tly an Resources Dtreetoe asihe 3. Removal Of Names "�cs4ryvstpyiiid,.xt ; A candidate's name shall be removed from an open employmentelipi6ility list for any of the following reasons: (a)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. 10 55 Newport Beach Civil Service Board System Rules & Regulations Apvil -2gg8 Redline - September 3 2010 (b)2) Failure of the candidate to reply within seven (7) calendar days to a certified mail, return - receipt- requested inquiry concerning hisFherhls interest in remaining on the amploymenteliq= bili[y list or in being considered for a current vacancy. (Q) If subsequent to the establishment of the amploymesteli ibility list, there is evidence that the candidate does not possess the minimum qualifications required for appointment at the time the recruitment was undertaken. I (4J)4) 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 - 1. Notification A candidate or person whose name has been removed from any I employmenteligibility list, or any applicant whose application has been rejected, shall be promptly notified in writing of the reasons for such I action and of hisfhemiss right to appeal. 2. Appeal Within five (5) calendar days after such notification is mailed to the addresses indicated on his /herh>_s application, the candidate, person, or applicant may appeal such action to the bBoard, provided he /shehe states in writing the specific reason or reasons he/skhehe 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. I (a) Reemployment and Promotional Em to mantEli ibili[ Lists In the case of an appeal resulting from the removal of a candidate's name from a reemployment or promotional I amploymenteli iq bility list, an existing vacancy shall be maintained for each appeal until the Board has acted on such appeal. I (b) Open FmplovmemEligibility Lists In the case of an appeal resulting from the removal of a candidate's name from an open employment eli ibili list, an appointment may be made from such list before the Board acts on the appeal. (c) Refection of Applications An appeal of the rejection of an application shall not halt the examination process; if the appeal is resolved in the applicants favor helshehe 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. 11 Newport Beach Civil Service Board - System Rules & Regulations Aprik2008 Redline -September 3 2010 F. Authority to Vacate €mpleym aMEH i bility Lists The Civil S"oe -Board Human Resources Director may at any time vacate any 1 r*Mmeni [DRH3p]: Make consistent wiN promotional or open employrnenteli ibiln list, and thereafter no person on any list wno ce,nr. Wts, so vacated shall he 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 Eieplov wtEEligihility Lists Subject to the provisions of 4'and sections of L pmmerit [pRtY }a]: Makernnslsu,ntwi* these rules and regulations with respect to reemployment - hstreemployment 16l4=,Updbte'wdotdinauawpnal'. . eliolblllty Ilsts ?' ,when an Comment [oRH31]: Dente cnteFrmmrtmont appointment is to be made the names of the eeLi i6les with the highest three (3) tprpness: ,. eligibles scores willing to accept appointment shall be certified to the Department Director in the order in which they appear on the appropriate empleymente_I'gibility list and the appointment shall be limited to these eligibles. When a promotional or open employmentelgibility list contains fewer than three (3) names, a new employmeateligibility list shall be established on written request of the Department Director in order that the names of three (3) eligibles can be certified to the Department Director. 501.2:3,25022 Other Appointments and Personnel Actions A. Actina Appointments 1. Absence of €mploymentElioibility Lists - In the absence of an employment eli ibili 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 employmenteligibility 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. B. Temporary Positions 12 57 Newport Beach Civil Service Board - System Rules & Regulations Apri42D08 Redline -September 3 2010 �58 Appointments to temporary positions need not be made from empleymenteligip_lity 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 9rdiaasse- Ne-866 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/shehe occupied at the time of his/heFhis termination, irrespective of the existence of an open or promotional employmenteh ibilit list for the class, subject to the following conditions... 1:) There must be vacant position in the class and no reemployment IisEreemgllq�ment eligibility lists for such class. 21: The employee must have completed at least one year of continuous service in the class immediately prior to hislherhis termination. 31: The employee must have terminated hislherhs City employment under favorable conditions. 4), The reinstatement most ;occur, within'; two (2) years of hfs/h4rhis _ erminatiod Comment [t37]: EPM is one ------ r regular employce 51. The employee may be required to serve a probation period. 61: The employee will be required to take any medisalnecessary examinations at his /herh_s expense and as prescribed by the City Manager. 5001- .2:3,3502.3 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 hislherhs fitness for the duties of the position which he/shehe has been assigned by actual performance of such duties. B. Aoolication A probation period shall apply to all appointments to positions included in the System except acting appointments. C. Lenoth 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. 13 �58 Newport Beach Civil Service Board - System_Rules & Regulations April -2oo6 Redline - September 3. 2010 D. Refection During Probation Initial Appointment At any time during which an employee is serving an initial probationary period, he,, +shahe 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 hislherhs probation period in that position, an employee may be rejected by the Department Director and reduced to such position helshehe occupied prior to such promotion without right of appeal to the Board, provided helshehe had acquired regular status in such former position. If the employee had not acquired regular status in the System prior to such promotion, helshehe 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 helshehe has successfully completed his/herhis probation period. If not, and if an extension of his/berhis probation period has been approved, helshehe shall he advised in writing of hisMerhis status when such extension expires. SECTION VI DISCIPLINARY ACTIONS APPEALS AND HEARINGS 5013 - -Disci Marv- Actions - Appeals and±learings Pursuant to the City Charter and Ordirance-Ne. Munict at Code Chapter 2.24, the Board shall receive and hear appeals submitted by any employee, -or-a "' fen, ineibaidVU Iri Ifl,¢,%stem relative }o bfig"iagf appointment, promotion, dismissal, demotion suspension and other Comment It3 l: banged raB ...ntent wiu, a disciplinary actions the alleged violation of Ordmanse No 866 Chapter 2.24 or these rules and chw(a , 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 5014,0 , fgmment,I 6lx Gbandotrtx amt. now shall be applicable to all appeals. .. n`wneenng :ycr � 561- .3.1fi00. -----DiscioI nary Actions Employees in the System may be demoted, suspended or discharged dismissed only on the following grounds: incompetency, inefficiency, dishonesty, misconduct, insubordination, or failure to observe Departmental or City rules and regulations. 504- 3.2801 — Appeals The Board shall oonVene in regular or special meetZngs for the purppse of reyj, eppe`dla.;Rf regGla`t rer{{)Slhyegs as to)1otivg Any regufar endpfoyea m the 6ytsteat whoaa xedetv�d a nb}(oe -aE rofenttd begs 5uspendec} deptdted, or dsshaigediclis.,�,mr, s may;'wf[uo a period pf sevenfiye:(G daya aRej°, such asf %an'dfdi hon, tegEieat- eirespon�to' the Department DffeoI pall grih- w ltt SkaSenl$n #oye east s feRau¢%aetum. the CaeparkehtWreetarspal tertH ei` dtprrh8nk- itYlttarn- #We- (�`}�ay.S- tkttreaggr withi ten 90 d s ro�ide a Em e t vlhfieH natYde oP tiff; decisidn T,he empto}iee �meY WithltA�,ep (0� da tfrereafter hle „a wntte7V�'e`w'QF e T�kvi ' he.0 . >' h en' �Fhe.Cit -mama `ersha0.revie 3 "`e�tlrn7nistizNVe: r ';'%-+ziA' Onduct'nn additional ib5eahgattgn -The Cif %"rna.' er s alt rein er a 44ht(efi episibn on "%Ih'e apbeal witFim =fen iS0}':aay5 � The -0i � Mane `e = %h II `. "v ' k' "" i1G; o mold ,thetdisct' i e r b "t be ' " rent Dlr6cto'r:,fq Such repae�'s- v�thta a Bob -sin f ee-ma wit iIn Een (im da4s ilea wri do atlneal withahe fi3dartl`bys¢rvmq, q Npjjce'af Aoi3e"aKon [he5eoreFaiu 14 Newport Beach Civil Service Board System Rules & Regulations April -2008 Redline -September 3, 2010 5013.3602. - - -- Hearings A602.1. In General The Board hearings need not be conducted according to technical rules relating to evidence and witnesses. B- :602.2 Right of Counsel The employee may be represented by counsel and shall have the right to produce witnesses to testify in his/herhis behalf. The Board shall issue subpoenas and compel the attendance of all witnesses. G-.602.3 Modification of 8e_partmenFBireetors0isciplmary Action The Board may modify or revoke a disciplinary action only on the following three grounds: 1 LThe facts do not justify the action taken the action taken is unlawful or the action taken is su erseded by local state or federal law or Comment[o36]i. Ch nged [o beconnstentwnh Ne one tp ed�ve. Comment [a37]i Changed to be cons stem oath the EPM 2] Substgntive violation of omission pf.precedure was made; or `comment [c3a7: changm trine oon�tssnt wtm 1. Tke- facts- do-not- justify- theaetien- taken: cnanv 2. A- substantive - violation or omission of procedure- was -made, 3.1 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. DE02.4 Reimbursement of Loss of Pay An employee shall be reimbursed for a loss of pay arising from a disciplinary action against him /herhim- 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 6412 3€602.5'hereafter. Comment [C39]: Changed to mom new nuinbeing system E: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 The - Beard s -decisioo-shaltbe3ieia4.-4n the csse of Civil Service Emplovee5'the dGGiSlgn of the rri�I Service 5d>$rd shall be'finaF.. Comment [C401: &writ -9-b; t the EPM Fps a 6096- 5iF4k4 =o�ehs to -ds -' 44,1b ie` =CNy- roaa6tl -2pe ity- Manage,F,gp y anY °.er anked srFy- en+ployee's as&esiafiet Ig- artyyaves tip,' iNSn- w`- llpatinglt- c4Pde 'ots= iaati- shazaatLtero,§k,Y4, tbe- dutyet- tha&ijlice-Gtk@f- te- sauafi; alt -Such soft[ EgeRa& �1t }-k@^&a"±ted�- .aia¢iFe#dsai�f„a 1s f10 Newport Beach Civil Service Board -S sy tem_Rules & Regulations Apri42008 Redline - September 3 2010 COMMent[DRH41): Pmvldedmsecmn 2.24.0.50 E Comment [ORM42]: Pmv&%d St sarngo 2 24.030 D. _ 6( 6 I Newport Beach Civil Service Board StELtem Rules& Regulations Apr4l-2098 Redline -Selitember3,2010 2.24.0% 7044��Sa 6,)- ; Newport Beach Civil Service Board Svstern Rules & Regulations ApAf 2008 Redline - Seotember 3 2010 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, 4 -874 "Date to Be Added ". ReformpUnd'RevigArt R-1 Civil-- Sewiee- Rulasare - also- referred4o- n- Ordinance -No- 866 and - the - City -ef- Newport leach - Municipal Code�hapter -2.24. (A 10 002501 -CSB Rules Update - Redline - v. 3 HR Edits and DRH Final Edits 18 63 00V CIVIL SERVICE BOARD SPECIAL MEETING MINUTES DATE: September 13, 2010 5:00 PM — 6:40 PM BOARD: Hugh Logan, Chairperson Debra Allen, Vice Chairperson Doug Coulter, Chairperson James "Mickey" Dunlap, Board Member Maiqual "Mike" Talbot, Board Member STAFF: Terri L Cassidy, Human Resources Director /Secretary to the Board David Hunt, City Attorney Christine Fox, HR Analyst Jyll C Ramirez, Administrative Assistant to the HR Director 1. FLAG SALUTE The Pledge of Allegiance was led by Vice Chairperson Allen. 2. ROLL CALL All Board Members were present. 3. APPROVAL OF THE AUGUST 11, 2010 CSB MEETING MINUTES A Motion was made by Board Member Coulter to approve the Minutes for the August 11, 2010 Civil Service Board meeting. Board Member Dunlap seconded the Motion. It was approved 5 Ayes, 0 No. 4. MONTHLY REPORT FROM THE SECRETARY Terri L. Cassidy, Human Resources Director and Secretary to the Board, reported the following matters: a. Acting Appointment — Lifeguard Battalion Chief In the interest of transparency, HR would like to notify the Board that an Acting Lifeguard Battalion Chief has exceeded the allotted amount of time, as outlined in the Civil Service Board rules, in the acting position. With the Board's approval tonight, we anticipate opening the promotional recruitment to fill the regular Lifeguard Battalion Chief position. 6 q CSB Minutes September 13, 2010 Special Meeting Page 2 of 7 b. Status of Fire Chief Recruitment Several Department Heads, and other key positions, played a role in the oral /testing process for Fire Chief, and City Manager Dave Kiff will be interviewing the final two candidates within the next week. Once a selection is made, the background process will begin. c. HR Director Not Able to Attend the October 4, 2010 CSB Meeting Ms. Cassidy will be out of the office and not able to attend the October 4, 2010 CSB regular meeting. In her absence, HR/RM Administrator Lauren Farley will serve as the Acting Director. d. City Manager's Direction Regarding Recruitments /Selective Hiring Although the Board may have noticed continued requests for approving recruitments on the CSB agendas, City Manager Dave Kiff has given HR and the Executive Management direction that every recruitment be justified and a rationale presented before HR opens or fills any vacancies. We are still in a budget crisis and evaluating for efficiency, restructuring and downsizing. It has not been business as usual and all recruitments are strategically selected. 5. DISCUSSION /RECOMMENDATION —CIVIL SERVICE SYSTEMIORDINANCE As requested by the Civil Service Board at the August 11 Special Meeting, Mr. Hunt provided a matrix of the Civil Service Board's recommendations, proposed Charter language and revisions to the Civil Service Ordinance and gave a detailed explanation of his attachments. Some noteworthy comments included: Mr. Hunt notified the Board that, if approved, only City employees will have the right to appeal to the Board. Candidates and applicants in the recruitment process will no longer have that privilege. Regarding the appeal process, Mr. Hunt explained that the Civil Service Board has the final decision in appeals for Civil Service- covered employees; however, for non -Civil Service employees (with the exception of at -will employees), the Board will hear an appeal and provide a recommendation to the City Manager, who makes the final decision. The appeal process for non- Civil Service employees is governed by the Employee Policy Manual. Vice Chairperson Allen expressed her concern regarding changes in the FirelPolice Chief recruitment process. She believes having Civil Service Board Members involved in the hiring process is important and should be mandated in the rules. She does not recall recommending that this rule be changed. Board Member Dunlap reminded staff and the Board that the recommendation to exclude CSB Members involvement in the Fire /Police Chief recruitment did not come from the Board, but from the Charter Review Commission. The Commission didn't want to mandate the rule in the event <d n CSB Minutes September 13, 2010 Special Meeting Page 3 of 7 there was a conflict of interest. HR Director Terri Cassidy informed the Board that the change in this process is not intended to omit the CS Board Members, but to be left open for development and not restrict the process by certain requirements. Ms. Cassidy assured the Board that she and City Manager Kiff value community input and have demonstrated such during the Police Chief recruitment, but also reminded them that the Police and Fire Chief positions are not covered by the Civil Service Board and serve at the pleasure of the City Manager, who is the hiring authority. The recruitment and testing process may need to evolve to adhere to the best practices current at the time of recruitment. Vice Chairperson Allen requested to include only one requirement in the Police and Fire Chiefs recruitment and that is to have at least two Civil Service Board Members serve on a Qualification Appraisal Panel. City Manager Dave Kiff addressed the Board and expressed his appreciation and commitment to community input and informed the Board that he wouldn't mind including the requirement in the proposed new ordinance as long as there was not additional structure included. Board Member Dunlap referred to Section 801 — Positions Included in the System and asked if there was a typo in the first sentence that reads: The civil service system shall include all full time, regular and permanent positions or employment on the Police and Fire Department. Should "on" read "of ?" Mr. Hunt replied that a number of people have raised this issue and that the wording comes from the original Charter and nobody requested that it be changed. Board Member Talbot recalled, and asked for clarification on, a previous conversation the Board had in an open forum about not being involved in approving the eligibility lists of Civil Service employees and empowering HR to use their best practice standards and rules to facilitate these recruitments independently. Ms. Cassidy confirmed Board Member Talbot's recollection and added that HR would still want to keep the Board informed of the recruitments' status and updates, but that having to wait for approval at a monthly CSB meeting sometimes creates a delay in the recruitment process or even a conflict if an appeal arises. • Chairperson Logan asked how futures changes would be made to the Ordinance, if it passes. Mr. Hunt explained that it could /would be amended by the City Council with CSB recommendation. If Measure V passes, any updates to the Charter would have to be changed by vote of the people. 4L CSB Minutes September 13, 2010 Special Meeting Page 4 of 7 Ms. Cassidy pointed out the Employee Policy Manual allows one year for an employee to request re- employment with the City, while the Civil Service Rules provide two years for Civil Service employees. Ms. Cassidy asked the Board, for consistency purposes, if they would like to change the two -year requirement to one year. The Board agreed unanimously to recommend that the two -year allowance for employment re- instatement for Civil Service employees be amended to one year. Board Member Dunlap and Mr. Hunt complimented the City Attorney's Office and HR Analyst Christine Fox for putting together such a comprehensive and user - friendly document. Chairperson Logan opened discussion to the public. There were no comments. Ms. Cassidy wanted to remind all present that all changes are subject to the approval of Measure V on the ballot this November, 2010. Mr. Hunt informed the Board that all of the bargaining units have been provided with these documents and are aware of the proposed changes. Chairperson Logan asked if anybody present from a bargaining unit wanted to address any of these issues. There were no comments. With the exception of the change in language for the Police and Fire Chiefs' recruitments, the Board is comfortable with and recommends the proposed Charter, Ordinance and Rules. A Motion was made by Board Member Coulter to approve and recommend, subject to including language that would mandate CSB members being included on a Qualifications Appraisal Board for the Police /Fire Chiefs' recruitments. Board Member Dunlap seconded the Motion. It was approved 5 Ayes, 0 No. 6. DISCUSSION AND SCHEDULING OF DATE(S) FOR A NON -CIVIL SERVICE, COVERED EMPLOYEE WHO IS APPEALING DISCIPLINARY ACTION Ms. Cassidy informed the Board that the non -Civil Service employee's legal counsel requested scheduling three (preferably consecutive) days for the hearing. Board Member Coulter asked for Attorney Jeff Freedman's (from Liebert Cassidy Whitmore) schedule. b7 CSB Minutes September 13, 2010 Special Meeting Page 5 of 7 Mr. Hunt explained that because the City Attorney's Office is ethically walled, he could provide advice to the Board. However, due to workload and pending issues, he has chosen not to take the assignment of advising the Board. He will be able to handle the procedural issues coming up to the time of the hearing. He has prepared proposal requests from a number of law firms to provide the Board's advisory service, including Mr. Freedman. The reason the City Attorneys Office has done this is because there are potentials for conflict for Mr. Freedman based upon Liebert Cassidy Whitmore's involvement in some disciplinary appeals, providing advice to the appointing authority and being involved in actually presenting appeals to the Board. It is up to Liebert Cassidy Whitmore to run their conflicts check and make consistent, appropriate decisions. Mr. Hunt informed the Board that they will have more in -depth training on appeals at the October 4, 2010 CSB Regular Meeting. The Board decided to schedule a hearing November 3, 4 and 5 (consecutive days) 2010. Mr. Hunt notified the Board that the City Attorney's Office received another appeal today (9/1312010), which was after the posting of this agenda and distribution of the packets, for a Civil Service employee's disciplinary issue. Under the CSB rules, appeals need to be set within 14 days of receipt. Therefore, this appeal needs to be set before the next CSB Regular Meeting. If the Board wishes to add this discipline appeal for the purpose of scheduling it to this meeting agenda, this would be consistent with the Brown Act, if approved by majority vote (3/5). A Motion made by Board Member Dunlap to add this disciplinary appeal to this agenda for scheduling purposes. Vice Chairperson Allen seconded the Motion. It was approved 5 Ayes, 0 No. 7. DISCUSSION AND SCHEDULING OF DATE(S) FOR A NON -CIVIL SERVICE, COVERED EMPLOYEE WHO IS APPEALING DISCIPLINARY ACTION (added at the meeting by majority vote — see last paragraph of agenda item 6) Ms. Cassidy informed the Board that the Civil Service employee's legal counsel probably only needs one day scheduled. The Board decided to schedule the meeting for December 17, 2010. 12 CSB Minutes September 13, 2010 Special Meeting Page 6 of 7 8. REQUEST APPROVAL OF THE UPDATED JOB DESCRIPTION FOR POLICE OFFICER *A Motion was made by Board Member Coulter to approve agenda items 8, 9 and 10 with one Motion. Board Member Dunlap seconded the Motion. It was approved 5 Ayes, 0 No. 9. REQUEST APPROVAL TO OPEN THE RECRUITMENT FOR POLICE OFFICER — LATERAL *Please refer to agenda item 8. 10. REQUEST APPROVAL TO OPEN THE RECRUITMENT FOR POLICE CUSTODY OFFICER `Please refer to agenda item 8. 11. REQUEST APPROVAL TO OPEN THE PROMOTIONAL RECRUITMENT FOR LIFEGUARD BATTALION CHIEF A Motion was made by Board Member Coulter to approve opening the promotional recruitment for Lifeguard Battalion Chief. Vice Chairperson Allen seconded the Motion. It was approved 5 Ayes, 0 No. 12. STATUS REPORTS a. Police Report by Tom Gazsi, Police Captain Recruitment Update • Currently recruiting for Community Services Officer, Police Dispatchers, Lateral Police Officer and Custody Officer. • Testing for Community Services Officer occurred on August 21, 2010 and Police Dispatcher occurred on August 28, 2010. There are 35 Community Services Officer candidates scheduled for interviews September 21, 22 and 23 and 32 Police Dispatcher candidates scheduled for interviews September 27, 28 and 29. There are two Police Dispatcher and three Community Services Officer openings to fill. Points of Interest • Police Recruit Officers Alex Maslin, David Seriega and Joseph DeJulio began the Orange County Sheriffs Academy August 16, 2010. • Police Recruit Robert Hufford and Ricardo Adame graduated on September 2, 2010, from the Orange County Sheriffs Academy. 67 CSB Minutes September 13, 2010 Special Meeting Page 7 of 7 Backgrounds in Progress • 1 — Lateral Police Officer • 2 — Police Dispatcher b. Fire Report by Ralph Restadius, Acting Deputy Chief of Operations • September is National Preparedness month, and the Fire Department has many activities and events planned. One of the bigger events is the 2nd Annual Disaster Preparedness Expo at Central Library Sunday, September 18, from 10:00 am — 2:00 pm. • The Lifeguards have finished the Summer Season. Even though the water temperature has been the coldest in 90 years, the Lifeguards successfully completed over 2,000 rescues. • The Fire Department is still in process of hiring for the Firefighter positions. Candidates are in the background process. 13. BOARD MEMBER COMMENTS None 14. ITEMS FOR FUTURE AGENDAS None 15. PUBLIC COMMENTS None 16.ADJOURNMENT The Civil Service Board meeting adjourned at 6:40 PM Terri L Cassidy, HR Director Secretary to the Board MW CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. October 4, 2010 TO: HONORABLE CHAIR AND MEMBERS OF THE CIVIL SERVICE BOARD FROM: Human Resources Department Terri Cassidy, Human Resources Director ext. 3300, tcassidy(a)NewportBeachCA.gov Office of the City Attorney David R. Hunt, City Attorney ext. 3131, dhunt NewportBeachCA.gov SUBJECT: Civil Service System Update — Chief Officer Selection RECOMMENDATION: Adopt and recommend language suggested below or give direction as to specific provision to recommend to the Council. DISCUSSION: The Board acted to recommend the update to the Civil Service Ordinance, Newport Beach Municipal Code Chapter 2.24, and the Civil Service Board Rules and Regulations as drafted and presented at the Board's September 13, 2010 meeting, with the exception of the deletion of the provisions governing Chief Officer selection. The Board indicated it would recommend that it remain involved in Chief Officer selection by keeping a role in the qualifications appraisal process. The Board then took action to recommend the balance of the changes, reserving action on the Chief Officer selection issue to its next meeting. We have analyzed the language of the code section and discussed the issue with the City Manager. We recommend the section not be repealed, but instead that it be amended as reflected in the redline draft attached. '11 i Honorable Chair and Members of the Civil Service Board October 4, 2010 Page 2 CONCLUSION Staff recommends the attached language in order to maintain the Board's role in the Chief Officer selection process while maintaining flexibility to meet current conditions as they present themselves. Prepared by: OFFICE OF THE CITY ATTORNEY By David R. Hunt City Attorney Submitted By: HUMAN RESOURCES DEPARTMENT By Terri Cassidy, Human Resource Director and Secretary to Civil S ice Board Attachment: Redline Draft of 2.24.100 —Chief Officer Selection [A10- 00250] -CSB Staff Report re Civil Service Ordinance Update— October 4 Meeting 2.24.100 Selection of Fire and Police Chiefs. A- �nt anb- Itasfheintent- ef2his- sestlora- FMatvasanaesaa- ihepesftienof- F- sliwGl�ie4an9- Fire�piefbE r.AlsA '^,.-= r' �, s- �"" s:< ivaiiGas'.{* �atertaiPe9- 13y< xxppBtiiiYeexamina tienrQaaUftcatiens beingsupstanNafiyeguual�refe sialp Pre and Rok under the selection pracess4wein - desadlte4 &— NotNasludeAin- System�his�ectioa- spell -not §eceasfweA -fe- include- thepositioas -of- Police -Chie and € irecpief -in- the- sysEenr appearan-_an -Gpen employment list for the class complied after completion of the qualifications aoorai: process• k fl( iy- per6ERi- aed- QFh3( IgfafiBREappCdV6al- WalgpiEd2LSVflj� -pBF6e ^•gym"^ •• •:plmUFn- CjgalLrj4nJS�f80A -aaF ppase-0i fiiC- E% 8R1( nal ltlp- 6fidll- ti45aVenf+�- pEF68Rt: . €-- Quallf> cations- Appraisal8eard. �Mequat ifigtiaas- apptatsal- boar9- wpisJtinteruiewscantHdates suscess#W- enipewfil ten- tesFShallceneisFOitpe£dlowiag: ward -member- selected ky the Board, Twospiefsselestedfiy -tpe -beard- irorri- other- P-ofue orF�na- BepaFlmegts4n- cities #4 populations -no mparabls-te-Plewpert-Beaclt. ✓-: Esfablispment- et- Qaalifieatieri- Fasters:- Tpessape ef- the- wrtbentestand-the- fasters-te- berated -4y ipa- t7ue�sa§ ansaNHxaisa4peardspall- be- jointlye e-0ear4 G-- 6oaformanse- fo- Minimum�ea lifisaNens- ln- ordeFte -pe eli�IittMate- compete- Itf-lM e- selesfiea- prosese Ser- ReNse -6hief sre- Gpiet ;alFsandidatesmust -possess -;he min ;mumt{aalifisaNensseNegkJrsipe dassspeafications. Sucp- slassspesif+ealloas- shall- be- prapan by�he Glty- AM1anager -wiNa ipeapproval. tpe- 8nard- ( ©W -@66 -§ 1A; Plevernber -24, -1958) JAIC-0 2W]- ReM'ne DeftofSection2.24.1W– ChiefCfficer Selecflon –73 ATTACHMENT 3 October 12, 2010 Council Agenda • Redline of Proposed Updated Provisions of Ch. 2.24 Civil Service System CIVIL SERVICE ORDINANCE PROVISIONS Chapter 2.24 CIVIL SERVICE SYSTEM Sections: 2.24.010 Definitions. 2.24.020 Inclusion in System. 2.24.030 Purpose of System. 2.24.031 Fair Employment. 2.24.040 Board Established. 2.24.050 Responsibilities and Authority of Board. 2.24.060 Responsibilities and Authority of City Manager. 2.24.070 Appointments. 2.24.080 Recruitment and Selection. 2.24.090 Employment U ibili Lists. 124.100 SPIPGtion of Fire and Police Ghlels- a an lan E aminabianAffmaum;ennerits� 2.244120 Inspection. of Examination Papers. 2.24.130 Conditions for Employment. 2.24.140 Employee Appeals. `. 2.24.150 Grounds for Demotion, Suspension or DischargeDismissai. cp nment [aL]: 66anaedau "or :�nae &e ° -� „" ' 2.24.160 -Board Hearings. 224170 PGI fieg net desd ,wartiss in this dowmertro make oiaaramgC . 2.24.190 Conflicts with City Charter. 2-.24-.290 Gedifloatkin Conditions Amend eats 2:.24:244 Penalty for V elation 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 Gass for which there is no esitploym @nt e6 'iblf` list; to a position occupied Comfiientt Cgx7: cfiaaged an ^empi oar usr# by a regular employee on suspension as provided in Section 2.24.070; or to a position occupied by ,t'e „ "etrgibbry' tzs�.n ;his go¢amencm make> '' a probationary or regular employee who is on a leave of absence. saris.tranpwim Empfogee Palmy aQanoaj'(afm' 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. %i Board. The term "board" shall mean the Civil Service Board established pursuant to this chapter and the Newport Beach City Charter. Candidate. The tens "candidate" shall mean an applicant who is participating in the selection procedure for a class. Certification. The tens "certification" shall mean the act of notifying a department head of the candidates whose names appear on empleymenteli ibili lists as set forth in Section 2.24.090. City. The term "City" shall mean the City of Newport Beach. City Charter. The tens "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 Gass. Continuous Service. The term "continuous service" shall mean the service without break or interruption of an employee having : "a probationary or regular appointment. Copyrighted or Standardized Tests. The phrase "copyrighted or standardized tests" shall mean written examinations which are used by agencies otherthan the City of Newport Beach. Demotion. The term "demotion" shall mean the reduction of an employee from a position in one Gass to a position . in another class which has alower maximum rate of compensation. Department.Head. The term "department head' shall mean an employee who is the head of an established'office:or department. C)isrriiasa . The term"discharged ismissal" shall mean the termination of a regular eMao 'a xo,6econsistentwiin 9rssharge g employee pursuant toSection 2.24.140. gutter, Eligible. The term "eligible" shall mean a person whose name appears on an empleymenteligibility list. Employee. The term- employee" shall mean a person legally occupying a position. EmplaymenEEli loildy L_Ists The term "empilo l glbility lists" as described in Section 2.24.090 shall mean a list of the names of candidates who are eligible for probationary appointments to positions in a particular class. Entrance-Level Position. The term "entrance-level position" shall mean a position in the first or beginning class in a series of Gasses 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 orwhich are not included in the system in accordance with Section 2.24.020. 'kiefHis7Nirri.''T#Y'e terms`''ne. "� "his "" him "shall'ineaude'itielaminine and thus shall' b "e' ehderneuttaI ' g cca tme tfA4Y:A dgd te¢e �enderNeuiz4`: I 75 Layoff. The tens "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 tern "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 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 "promotiona[recruitmenf'shall mean a recruitment that is restricted to City employees. Reallocation. The term "reallocation" shall mean the reassignment of a single position in a Gass to a different Gass 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. apposition in a class to another position in the same class. Recruitment. Theterm 'recruitment" shall mean the process of attracting qualified persons to participate in a selection process for a class. Regular Employee. Theptern "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. - Comment [AS]: Removed Board per d reRmn 1 ' Charter Update process comment [AS]:. Added from Rules& Rege 7 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 qualifcatons of candidates through one or more techniques. Separation. The term "separation" shall mean the termination of an employee's service with the City. Suspension. The term "suspension" shall mean the temporary separation of an employee as a disciplinary action. System. The term "system" shall mean the Civil Service System created in accordance with this chapter and the Newport Beach City Charter, and including only those positions to which the provisions of this chapter apply. Temporary Position. The term "temporary position" shall mean a position of limited duration Transfer. The tern "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 tern "vacancy" shall mean a position that is not occupied by an employee having either a probationary or regular appointment' ' t ""' 2.24.020 Inclusion in System Pursuant to Article Vlll of the City Charter, all full -time, regular, and permanent positions . r einployrrientfifofrthe Police and Fire Departments are included in the system, except those positions excluded by Section ,8012 of the City Charter. The City Council, by ordinance, may include in the system positions in other departments. , 2.24.030 Purpose of System. The purpose of the system is to establish an equitable and uniform procedure for dealing-handtihg 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-,-NeveFPber 24; -499 t '2.24.031 Fair Er'rsI64rhant:` CoMillent [A8]: Ordin.n. M bp�u� repealed ar{dne`w otd n2ltw vFOf nerdxo be referenced - Cumigenti ; cn;Od tote wmistent itF. charter. ,' ' �mment fA1.OjrTh3Rged,Ya hs mnsuYentw ih.'. YN C arter colnrrier![[AiaA:'Edeerl ironl PUlea Re$1tlabPnr; , _ - 77 2.24.040 Board Established. There is hereby established a Civil Service Board consisting of five members to he 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. (OFd. 866 § 1i P16YOMbeF 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 forthe 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. violation of this chapter or the rules and as provided in this chapter. D. Advisory Role. To act in an advisory the City service. 147 • 4�9 ,,her i MM r '' "g and - Hiller disolpUnaryiactlons the alleged.. to certifv its findina and recommendations on personnel administration in >fEivcT araFieg _ _ CpmfttM[(A141F Ehmwiefi(sihapd, aaY to ; ,.. d2y. r0121pi2CEUItff1EM. iWj1R81ArOCCS5 r0Cdlled lFl ; in the aiher seMions.. 606tetiAo tlon; _ - �C�nmrent(A7,6];{hapged SP�ronslst¢ntwlth 4Marter. ' 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. ' ^•" OCC C ° "L.. embeF on 1968) 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 %t 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, Sasjge{td- agprovatkjVpe�;as[9� The preparation and revision of class comment[da6 #ii euminare day mday specifications for positions included in the system. aversigna of re<rmtinem C. Personnel Procedures. Administration of Board policies and procedures within the framework of this chapter and the rules and regulations, including: 1. Public announcement of vacancies and examinations and the review of applications for employment. 2. Preparation and conduct of examinations and the establishment certification 'eutemsinn & vacafion. and use of mp,oyme telioibility lists. _ _ _ - _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Comment [A17]: 15aarlyldeMify ry 1A ci Manager as responslGefor el gibllirylirtx. 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 _ -Tloinment [Ala] artewsf�rcry Maoagar d9leBatl400f ;Yt[19r14y spegitfapythe <lele6atrous to F<11Cnrannr lice nri.n iFe nl<e 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 eHeli ibili lists by the department head on approval of the City Manager. B. €im ent- LI&W Yldd'c.G3`isC � Sub ect to the ro isions of this cha ter with res ect to _ pleYm 9 -�- �.._ _a. -. �- Prr ; U�ifpieot. Gt. ,x9�= `M2Jce,4,exn,wnslitencwRh- an appointment is to be made the names of the ettil6Pe"si:"vJittn ttr`e higFet three SZifY43sa..ehesF ips2.o_ _ eligibles willing to accept appointment shall be certified to the department head in the order which they appear on the appropriate empleymenteli ibili list and the appointment shall be limited to these eligibles. C. Acting Appointments. In the absence of an empleynae;talioibility 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 empleymeateli ibilit list for service rendered under an acting appointment. 71 D. Temporary Positions. Appointments to temporary positions need not be made from employmentaligibility 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 goveming the reinstatement of a former employee shall be provided in the rules and regulations. (Ond. °CC § 7. "^v ^m~^•'" 4959) 2.24.080 Recruitment and Selection. A. Recruitment. Recruitment shall be specified4ay4e' @eaFd'as promotional or as open Insofar as Comment [A72i Theawm is&I,tedfamm, . practical and consistent with the best interests of the City service, all vacancies shall be filled by ,p dress pur.uaprtd'rt+e airactto" udngthe charter: promotion. Update pmcisi'7E!`e`zeEiionsarc, nedinorder to provide drrettion and RrUCture totecrmtrn"t B. Selection. a9a PTmo4Pn, , 1. The scope of an examination for a class shall be stated in the examination announcement. It may consist of any one or a combination of the following techniques written, oral, and demonstration tests; and appraisal of education and experience; and any test of manual skills or physical fitness which fairly evaluates: the candidates; 2. A probation period as established in the rules and regulations shall apply to all appointments to positions included in the system, except acting. appointments. Successive probation periods in a position shall not be allowed.,In the event of promotion to a position in a higher class and at any time within his probation period in that position, an employee may be rejected by the department head and reduced to the position he occupied prior to such promotion without right of appeal to the Board, provided he had acquired regular status in such former position. If the employee had not - acquired regular status in the system, prior to such promotion, he may be discharged without right of appeal to the Board. (QFd. 866 § 8i November 24, 1958) (A7�3]�Ehapge£`e mlhroaghuutfo o.....t,..........e 2.24.090 Emplor.r.or.-�"tl I�11 ,:L'IS* K. th Po$Jte the 5arfie ascaM . A. Priorities. Priority for consideration for employment shall be given to e mp,eymenteliibility lists in the following order. reempleymenf- listreemplovment eligibility lists, promotional empleymenteli�ibility lists, and open empleymenteligibility lists. B. ReemploymentListReemnloyment Eligibility Lists. The eemp,ayment,st reemolovment eligibility list for a class shall consist of the names of the following 1. Layoff: Regular employees who have been laid off for lack of work or lack of funds. 2. Position reallocation: Regular employees whose positions in a class have been reallocated to a class with a lower maximum rate of compensation. Such names shall be placed on the list in reverse order of layoff or position reallocation. The order 90 of layoff or position reallocation shall be on the basis of inverse employee seniority in the class. C. Promotional E�- ...n.'eymentEli ibili Lists. Promotional deli ibilit lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination. D. Open F...p.oy.- .e:REli ibili Lists. Open employment eli ihili 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 eli ibili 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 reempleymen"istreemoloymenteligibility list exists for the Gass, the highest name on such list shall be certified for each vacancy to be filled. Names on promotional or open ernpsymcrt.;li ibilit lists shall not be certified if a reemployment aistreemolovment eligibility list for the class exists. 2. Except for acting appointments, no person may be appointed or transferred to any position in the system unless he possesses the minimum qualifications set forth in the class specifications for that position. G. Duration. The duration of employment lists shall be as prescribed in the rules and regulations. *rye �nme..ias464 of 1x .e nkv,.Y.. F, 3. One person selected byVre-Q44Aaaa@eF. 2. .. uneements; 2.24.120 Inspection of Examination Papers. A. In General. The examination papers of candidates are not subject to inspection by the public. Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect his own examination, papers, including the questions and his answers, excepting copyrighted or standardized tests. On Copyrighted or standardized tests the candidate may review the accuracy of scoring and computations by comparing his answer sheet with the key answer sheet. The Written comments of a qualifications appraisal board and the written evaluation of a psychiatrist, if any, shall not be reviewed by the candidate. On request of the candidate, his rating by the quallficatlons 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 Comment [A24]:' Delete role in recruitment of Chief Offxers per direction in Crum, Update process COMMEnt[A25i1 Aproceduml matter covered inxha ratesand reguladorts. results, make written application,to.the Bpaird jor a review, provided, however, that in such _ Co,mment[AMi:' keepsye,appegate capacity application he must state specifically and particularly wherein he believes an error has been made. of the eoara re gxaminatton and ppolntmenk but r.. All such appeals shall be conducted in a manner consistent with the rules and regulations. pqe role In az�ry process 9 16 rd . A66 CAfnmeoklA2 ➢la Aproced4ral matCet mverEd iniheiples end regtitagnkia, � 2.24.130 Conditions for Employment. A. Applications. The Cit .1Glarna er- f3,eaR1s�shall have the right to require all applicants to submit C�mmentA7sjj;m�ngedici'q _ applications, agreements, or statements pertinent to their employment. ip0ecf�i�VUerits,', `aufsuirlk kOtl!( C4kldjliPChaRer�Jpddteyrq�y55w; :. q9_ 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,6fi -§-l°, November -24 -4950] 2.24.140 Employee Appeals. COmMn t CA291i Changed to hg cdnsis[en[wrth e na' 2.24.150 Grounds for Demotion, Suspension or smits - Mentwxj:chan,doh.A,entwih Employees in the system may be demoted, suspended, or discharged- dismissed only on the following grounds: Incompetency; inefficiency; dishonesty; misconduct; insubordination; or failure to observe departmental or City rules and regulations. 2.24.160 Board Hearings., A. In General. Board hearings need evidence and witnesses. B. Right to Counsel. The employee produce witnesses to testify in his be attendance of all witnesses. be conducted according to technical rules relating to be represented by counsel and shall have the right to The Board shall issue subpoenas and compel the C. Modification of Disciplinary Action. The Board may modify or revoke a disciplinary action only on the followingithres�'g"our)dF. t :The fadts t!t) <not tUstifyy -the adhon44ken tie action take giMbil b n is uni J"hasetfon itakeW is suberseded`fivtocai'state or,federal iaw;'or' ?. 3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the circumstances surrounding the offense, and the past record of the employee. D. Reimbursement. An employee shall be reimbursed for a loss of pay arising from a disciplinary action against him to the extent that it is subsequently revoked or modifed by the Board. Reimbursement shall be confined to the period of time between the date of such disciplinary action 23 1 and the date of the Board's final decision as set forth in Section 2.24.160. E. Findings. The Board shall certify copies of its findings and decisions to the City Manager, the department head from whose action the appeal was made, and the appellant employee. The Board's determinations decision -shall be final for persons Included in the system. (Ord. 966 -&-46 Comment tA331i Changed to be consistent with Chore'. Commeht tA31JalDeleted as wconnxwoeal 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. , DY Civil Service OldTame Rewrite 2010— Redline — v 3 hr edits 55 ATTACHMENT 4 October 12, 2010 Council Agenda • Redline of Proposed Updated Civil Service Rules & Regulations rl Newport Beach Civil Service Board System Rules & Regulations April 2008 Recline - ,September 3, 2010 SECTION I PURPOSE ............................................................................................... I SECTION 11 ENABLING LEGISLATION ..................................... ............................... I SECTION III DEFINITIONS .......................................................................................... 1 SE-CTIONAV---GWI"EAZVtGE-SY,STEM .............................. ...................................... 44 400. ............................. m ... ma--s ..... 44 401. - Positions - Included ----... ................................................. ..................... w.-- ..... 402. Purpose . . .... i- ......... ......... 403- i Employment .............................................. ........... ................................. ........ --- SECTION IV CIVIL SERVICE BOARD ....................................................................... ........................... 46 5400. Creation .............................................................................................................................................. 5 5401. Responsibilities and-AuthorityMeetinqs ........................................................................................ 5 50141 .......... q ........... 2 1 .. . .. ... ................ ....... 4-44.. 55 Typesof Meetings ............................................................................................ 5 501.1.2401_.2 Quorum ........ ..................................................................... - ............................. 5 401.3 Notice .......... ................................................................................... -.11, ........... 5 501:4:4 -4014 Agenda ................... .......................................................................... .............. 5 SECTION V RECRUITMENT, EXAMINATION AND SELECTION ..............................6 --5013 Recruitment, Examination-and-SelectIGR— .. ...... ... 501.2-.4500. Recruitment ................. I ...................................................... ........................ 6 - 501.2;2501. Examination. ...... --, ......................................................................................... 6 -5012.3502. Selection ........................................... ...................... ..................................... 89 501�2.3:1502.11 EmplGymentEligibility Lists ............................................................ 89 -------- - - - - -- 504:2-:3.2502.2 Other Appointments and Personnel Actions ............................. 1243 501.2.3 3 502.3 Probation Period ............................ .............................. ........... 1314 SECTION VI DISCIPLINARY ACTIONS, APPEALS AND HEARINGS .....................15 501.9 -- Disciplinary Actions- Appeals, - and - Hearings .. ............................................ ................:.:........1415 -501A1600-. Disciplinary Actions ........................... -- .............................. ..........................1416 Appeals......................................................................................................... 1446 -- ----&Gt3-.3-602, Hearings .......................... ........... ...... .............................. ..................................... 1516 M Newport Beach Civil Service Board- System Rules & Regulations Apr42008 Redline, -. September 3, 2010 SECTION -VdI- -SEA r� =ro_r n n�_o� _on �GL A #D -FIRS GHiEFS...... .......1748 700 ....Intent ................ ....: .......... ....:..:. ......... 1748 741,.... Selection- Process ..:.:,.:. ....:.... ..... : :: ........1 ........1748 SECTION AII- R£PEAL ..:..: .:..:...:. :.:: :: .....:.: SECTION VIIIX ..................................................................... ...................SEVERABILITY 1719 ME Newport Beach Civil Service Board System. Rules & Regulations April 2008 Redline -September 3, 2010 SECTION I PURPOSE The purpose of the Rrules and Rregulations contained herein is to implement the provisions of Ordinance Nor 866,_N Beach Munici al Code. Chanter 2.24 - .Civil Service'Svstem an.Oordinance relating to Comment [Al]: chanced to renKt charce, Civil Service. update recommendation. SECTION II ENABLING LEGISLATION The establishment of these Rules and Regulations is authorized by Section 2.24.0500..5 -M—G 9r9irianee _ No. 866 in order to implement the provisions of Chapter 2.24 -:. - comment [AZ7: cnansea m tenenq charter Update recommendation SECTION III DEFINITIONS [A3]:.: Added to cook ftdeee nda ordinance [A4]: lfdeflned in Ordinance delete Allocation The-assignment-of -a- single posiber+te -the prepOr-1 sin- aseerdanse -w eIspecifieatons- for,that- class: Board The. . . . . . . . . . . . . . . . . . The Civil Service Board established pursuant to Ordinance 866 and the Newport Beach City Charter. Candioate An applicant-who is- participating -in the selection procedure for Gassd Gh The£ify- e€Newpert+. Beaeh: Gity- SMar{ea: The City Charter o €tt e -City of Newport Beach qwr�d The-Gk,Ceun i Newport Beach Civil Service Board System. Rules 8 Regulations Aprif2008 Redline -September 3,, 2010 Continuous Service The service without break or interruption of an employee having a probationary or- regular appointment. Eopyiighted or Standardiined -Tests Written examinations which are -used by agencies other than the City of Newport Beach. Department - Director AneiapleyeeAvho 4he;;ead- Gfen-e bimhed:offic"- depaArnent: Discharge The termination of a regular employee pursuant °to Section 14:of Ordinance.: No. 866. Ellpible A-personAvhose- name- appears- enamempbym list Employee A person legally occupying aposition. Layoff As- an- eoenemy- measi,re; uae- separatlen- of- anemployee- beeauseoftaek- et- work.or Task -ef funds; Open- Recruitment A recruitment thatas notaestrcted to City Employees:.. 99e111941 pantment A- perset ,- &appeintmentasanemplsyee- of -fFte" Permanent Position A position that is expectedIo exist indefinitely; Position 2 Comment [AS]: All cu¢endy order smtton 2.24010 Commalt [A6]: Remmed buatiselitis a rttwy .:defined w the o,dinance under"Entancei.evel Posmon" rCghlment[A7]: Cw mlypravidcdunder sarion2,24010 Comment [A8]: Added is 2 24 010 P 9t) 1 Newport Beach Civil Service Board System, Rules & Regulations April 2008 Redline- September 3, 2010 A- sembwateFl of rmnt-cluties -and -reWonsipi{Itiesassigned -to -a- single- employeeand- pedomed-on either -a full -time cr- part -time basis. Probationagr- Status. Thestatus-of-a-petsen -who- has2egwreda -.proeatiegaryappoirAme t- Promotional Reoruitment A recruitment that Is restricted to -city employees. Qua{ific�t{ens- Apeiaisal -Board ✓:Inless oH3etw+se- designated- staall- be- syaonyrgei�soral- board°. Recruitment The-process, of-attrabling qualified persons to participate-In - aselection process4cra elass- Regulan €mployee An employee who has su _.. ry period- eaa- pes�8ea Regular Status The statusvf an- empfoyeevh4o4osaequweda- regOar-appoi itmeat -. Reinsta{ement The reemployment of :'a former employee:, RCSldnatlen Ark employee's-voluntary. separation:- RuleS- andBegukLIG s The4ml:- Senvee- Rules- and- RegWafiens -adr�[ tpursuantie.9r6inanseNe -86fi; Selection The process of evaluating'the qualifications of candidates through onear more techniques;. SeoaratioFl The termination of in mpleyee's servicewith t17e --Gity; 3 comrnmt[A9]: Cu¢emypmvide under s dm 2.24010. �C nvneot[A10]_Added to 224010 q/ '.: Newport Beach Civil Service Board System Rules & Regulations April 2008 Redline - September 3, 2010 Stiseenslon The temporary separation of an- employee as -a disciplinaryaction. Tempora Position A- position aflimited- ducatlon. Vacanev Apposition-that-is-not, pcoupied -by an employee having either a probationary or regular appointment SECTION IV - - -- CIVIL- SERVICE- SYSTEM 400. — €stabUhment The Civil ServlceSystem- within the City of Newport - Beach - wa"stabllshed pursuant to Article -V81 ef1h.,44-Gwawe.: 401. - - - -- Positions Inoluded 402 -. - -- -Purpose 403- -- €air- €maleyrtient 4 F LOmmmt.[All]: Correndyprovidedunder '.. secti..2.241O10.' - - '� COMMPJtt (Al2]C IneWded m see tio n 2 24.0 M Comment(A131: Pr ..idea under section 2,24 020 COMMMt EA141: Promded'in section 2.24.010. t CAMMMt(A35]r Addedto ordinance as section %. 224,011 �i Newport Beach Civil Service Board System Rules & Regulations April 2008 Redline -- September 3, -2010 SECTION IV CIVIL SERVICE BOARD 1 500400. Creation A Civil Service Board, consisting of five members, is appointed by the City Council in accordance with the City Charter. Each of the members shall be a person of good repute in his business, profession or occupation and known to support civil service principles in the public service. 501,409. Responsibilities and AuthoptyM.eetings 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. ..__.._ 591-111401A Types of Meetings A. Regular Regular meetings of the bBoard 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 g , 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. 1 501--1 -24012 Quorum f CAmment [Alb}: Chmged W clarify and e%pressly slate curtaitprocedme. 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- 1,3401.3 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. 5&1-4-4401.4 Agenda All written communications to the Board, and any matter to be considered by the Board, where practical, shall be summarized in the Aagenda. No matter shall be considered by the Board at a special meeting unless it appears on the Aagenda. SECTION V RECRUITMENT EXAMINATION AND SELECTION 501.2- ....- Recwitment, €xaminatlon- andSelec3ion i The Board City Manager shall establish policies_and approve pir c ures of the recruitment and selection of Civil Service persaanel, including, but not limited to, the plg5ting of, recruitment notices, the preparation 5 03 Newport Beach Civil Service Board System Rules & Regulations April 2008 Recline _- _September 3,_2010 and scoring of examinations, and the establishment and certification of employmenteli ibili Iists._The policiesand aprovetl procedures shall be consistent with these Rrules and Rregulations;Ghapter 224 and the City—Charter. - Comment [A17]: Makes City Manager responsible for Rwrithment, but still must follow the _ 501,2:4500. Recruitment ordire eeandrWes. Thessmeistmeforthe changes tribe Wimt,e ofthe sxtion. J 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.500.1 Recruitment Notices Notice of any open or promotional recruitments shall be posted fora minimum ofnot -less than - Weer --one weeks 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 ( Comment[A18]: Allows HR to limit the time information required by gaeggraph- 41 500.4, below, may be included in the (xnoaa. «mvmtm<nt is open to either one week era recruitment notice. - t eensimmrmher of applications. _I Comment [A19]: changed to rdlect new 6:500.2 AppIICati005 numbering system ......... __.. . _.. �.. The Board City_ Manager_shall have the right to require all applicants to submit applications, agreements, or statements pertinent to their employment. 0.5003Rejection 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 histherhis application with regard to any iComment EA201: clamped language to be material fact. t<onsiaw.t with oohmance i 3:) Failure of the applicant to submit an application within the time specified in the examination process. 6500.4 Examination Announcements Examination announcements shall be posted not less than -for a minimum of one week phorao the final date for submitting applicef ens, unless limned to,a spaGfied number _of applications to be accepted as 'indicated on the noticetwu weeks prior to�the final-date for submitting appheatiens. Such posting shall be in a conspicuous place at the City Hall.. at Comment[A21]: :Chonged m he consistent with the Office of the appropriate Department, and at such other places as the Board uman Ci p teemder EeMandmallow greater Resources Director deems appropriate. In addition to a description of the examination flexibility. _ scope and the relative weight of each test to be given, the examination announcement COmment[A22]i,Cluegedper City M.,ri, shall contain information on salary, final date for submitting applications, working authonry conditions, minimum qualifications, and other information of interest to a prospective'" �. applicant. 50122501, Examination A:501.1 Scope The scope of an examination for a class shall be approvedby the Board'.andstated in the - Comment JA231:)Changea Per drtaaammn examination announcement. It may consist of any one or a combination of the following .charter update prowess 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. 6 10 Newport Beach Civil Service Board System Rules & Regulations April -2008 Redline,_.September 3,, 2010 Applicants will not be permitted to participate in' he examination process if they have comment [x241: F.,gw¢ I a u vnc cvrt tm ' -. 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 CFwf—%ew{ce- Board City Manager may waive this rule for promotional testing only when recommended by the COmment[A251: Cnaased per city Maneya Police or Fire Chief. `euthoOry Lateral candidates may not be required to take a written examination. &:5012 Passing Scores 4A„ The minimum passing score shall be 70 percent for written and performance tests and for ratings by Qqualifications Aappraisal Bboards. 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. 2B. The following tests shall be scored on a pass -or -fail basis using the standards specified: (a)1. Typing, dictation, and other skills tests Minimum scores as prescribed in the class specifications. (b)2-. 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)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. f�)4< Psychological evaluation Emotional maturity and stability as determined by the City's Psychologist or Psychiatrist in accordance with standards established by law. (e)5. Inspection of Examination Papers The examination papers of candidates are not subject to inspection by the public. 7 -)faJ Written tests Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect pis /herhis 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 hislherhis answer sheet with the key answer sheet. 2-)(W Other tests The written comments of a Qualifications Appraisal Board and the written evaluation of a psychiatrist, if any, shall not be 7 9- f i j Newport Beach Civil Service Board System _Rules & Regulations April 2008 Redline -. September 3, 2010 reviewed by the candidate; on request of the candidate, his /herhis rating by the Qualifications Appraisal Board shall be summarized for his / herhis information. Requests must be made within seven days after notification of the results of the Qualifications Appraisal Board. (f)0, Review Procedure If the candidate believes an error has been made in the grading of his/herhis examination or in the credit given to him, he /shehe 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 /shehe must state specifically and particularly wherein he/shehe 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 employmenteligibility, lists until the Board has acted upon such application. The Board's decision shall be final. (g)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. 4) Failure to attain a satisfactory score on any test conducted as part of the selection procedure. 503,2:3502. Selection - 501.2.3_15021__.,.: - Emelgyment Eligibility Lists. Comment [A261: M.ke pm soot �terpimobBY A. Prioriies Priority for consideration for employment shall be given to employmenteligibility lists in the following order: reemployment— liistreempoy_ment eI ibil lists promotional employmenfelig= bility lists, and open employmente ihil . lists. B. Reemployment Eligibility Lists 1. Defined A reemployment eligibility list for a class shall consist of the names of the following: (a) Regular Employees 8 `?h Newport Beach Civil Service Board-System Rules & Regulations Aprill Redline - _September. 3, 2010 1) Lavoff Regular employees who have been laid off for lack of work or lack of funds. 2) Position Reallocation Regular employees whose positions in a class have been reallocated to a class with a lower maximum rate of compensation. Such names shall be placed on the list in the reverse order of layoff or position reallocation. The order of layoff or position reallocation shall be on the basis of inverse employee seniority in the class. (b) Probationary Employees The names of probationary employees who are laid off or reduced in rank for lack of work or lack of funds shall be restored to the same promotional or open employmenteligibilily 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 or the expiration of two years C .M.t [Ai7p EPMPmvma tap years from the certifcation of the list whichever first occurs.. `scam. 5.7 c 3. Removal of Names A person's name shall be removed from a reemployment fstreemployment el itihtylist for any of the following reasons: (a)1) If helshe_he fails to respond within seven (7) calendar days to a certified mail, return- receipt- requested inquiry concerning - hislherhis interest in being reemployed to a current vacancy. - (4)2) If helshehe declines reemployment to a currently existing vacancy. (e)3) Disclosure of any conduct that would be grounds for demotion, suspension, or discharge. (d)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. (e)5) Reemployment of the person. C. Promotional E mplpymerte t ty Lists 1. Defined Promotional employment eli lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination. 9 97 L Newport Beach Civil Service Board System Rules & Regulations April 2008 Redline -September 3,2010 2. Expiration Ba Removal of Names A candidate's name shall be removed from a promotional employment eli ibilit list for any of the following reasons: (a)1) Termination of his /herhis City employment. (b)Z) If requested by the candidate. (e)3) If the candidate declines an offer of appointment to three (3) different vacancies. 'Comment[A28]: Clmfiieseffecavedateaflist I and ideaofiW Humad$aai .Dwi tdr.the - `retnrymg naivia�ali _J (d)4) If subsequent to the establishment of the employment eli ibili 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 EmplgymentElioibility L sts 1. Defined Open employmentelioibility lists shall consist of the names of all candidates who have been successful in an open recruitment and examination. 2. Expiration Any open emplofifinenteli ibili list shall expire one year_after the date of 11 certification of the employmenteti i iii list or if the list is vacated sooner by the 6iv4 SeP iee-B. and Human Resources Director as provided herein. The Iist'may 6i extended for up to an additional year on recommendation Of the Department Director and appmvaVOf:the @earl Human Resources Director - tCommentdfl9. R.. er&knct Bateoflists and idennfied HVmart ResourcesD Lector as (he 3. Removal of Names [ ee,ufyns,ndividua] A candidates name shall be removed from an open employmentelg[bil3y 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. 10 9g Newport Beach Civil Service Board - System_Rules & Regulations April 2008 Redline -September 3, 2010 (b)2) Failure of the candidate to reply within seven (7) calendar days to a certified mail, return - receipt- requested inquiry concerning his/herhis interest in remaining on the employmenteligibility list or in being considered for a current vacancy. (c)3) If subsequent to the establishment of the employmenteligibility list, there is evidence that the candidate does not possess the minimum qualifications required for appointment at the time the recruitment was undertaken. (d)4) If requested by the candidate. (e)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 employmenteligibility list, or any applicant whose application has been rejected, shall be promptly notified in writing of the reasons for such action and of his /herhis right to appeal. 2. Aooeal Within five (5) calendar days after such notification is mailed to the addresses indicated on his/herhis application, the candidate, person, or applicant may appeal such action to the bBoard, provided he /shehe states in writing the specific reason or reasons he/shehe 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 EmploymentElgiblty Lists In the case of an appeal resulting from the removal of a candidates name from a reemployment or promotional employmenteligibility list, an existing vacancy shall be maintained for each appeal until the Board has acted on such appeal. (b) Oven EmploymentEligibility Lists In the case of an appeal resulting from the removal of a candidate's name from an open employmentelioibii list, an appointment may be made from such list before the Board acts on the appeal. (c) Resection 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 helshehe 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. 17 09.9 K Newport Beach Civil Service Board System. Rules & Regulations April 2008 Redline,- September 3,, 2010 F. Authority to Vacate EmploymeniEligblity Lists The Civil - Service8oard Human. Resources Director may at anytime vacate any -' Comment [A301: Make consistent with was promotional or open employment list, and thereafter no person on any list eemees lists 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 EmoloymentEligibility Lists Subject to the provisions of Ordinance No, 866. Cha )ter 2.24 and sections of COT 311'. Mak<cnns[simr with Cnane< 1 these rules and regulations with respect to reemployment - istreemployment !.uPaat<anantas;an < <«Pee, eligibility_ lists and- tlie- selectien -ef— the --P Rea . d °: Ghie°s, wrien an "— "— Comment [A321: Delete Chmf recruitment appointment is to be made the names of the eligibles with the highest three (3) l'- Psn <ga eligibles scores willing to accept appointment shall be certfied to the Department Director in the order in which they appear on the appropriate employmenteligibility list and the appointment shall be limited to these eligibles. When a promotional or open employmenteligibility list contains fewer than three (3) names, a new employmenteli ibili 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. 509 - ,2:3.2502.2 Other Appointments and Personnel Actions A. Acting Appointments 1. Absence Lists - In the absence of an employmentel_igibUtty list for a Gass, a vacant position may be filled by an acting appointment. No credit shall be allowed in any examination or the establishment of any employmenteli ibili 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. B. Temporary Posifions 12 /00 & Newport Beach Civil Service Board System _Rules & Regulations April -2006 Redline - September 3, 2010 V) Appointments to temporary positions need not be made from employmenteligihilty 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 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 helshehe occupied at the time of his/herhis termination, irrespective of the existence of an open or promotional employmentelighlity list for the class, subject to the following conditions.: 1.) There must be vacant position in the class and no reemployment listreemployment 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 /herhis termination. 3): The employee must have terminated hisfherhs City employment under favorable conditions. 4). The reinstatement must :.occur within ` two (2) years of hislherhis termination( Comment tn331: EeM u oac year for regu�er mptoyeg 5). The employee may be required to serve a probation period. 6} The employee will be required to take ay, medicalnecessary examinations at histherhis expense and as prescribed by the City Manager. - 50'L.2:3.3502.3 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 N&Iherhis fitness for the duties of the position which he/shehe 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. 13 V) Newport Beach Civil Service Board System- Rules & Regulations April 2008 Redline= September 3, 2010 D. Refection During Probation 1. Initial Appointment At any time during which an employee is serving an initial probationary period, heFshehe 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 /herhis probation period in that position, an employee may be rejected by the Department Director and reduced to such position helshehe occupied prior to such promotion without right of appeal to the Board, provided heFshehe had acquired regular status in such former posiflon. If the employee had not acquired regular status in the System prior to such promotion, he /shehe 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 /shehe has successfully - completed hislherhis probation period. If not, and if an extension of his/herhis probation period has been approved, he /shehe shall be advised in writing of his /herhis status when such extension expires. SECTION A DISCIPLINARY ACTIONS APPEALS AND HEARINGS 504.3 - -Disciolinary - Actions A- eals- andktearin s Pursuant to the City Charter and Ordinance No: -866 Municipal Code Chapter 2.24, the Board shall receive and hear appeals submitted by any employee, or- any applicant orcandidate for aposiflon, inemplovee in the System relative': to original — appointment, promotion, dismissal demotion, suspension and other Com MMt]A34] :Chagcdto be crosistmt wim d disciplinary actions; the allege violation of Ordinance Chapter 2 24 or these rules and f coma 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 501,3:3602) Comment [A35]:: cnansw to r<n«c now shall be applicable to all appeals luumbmng syscem 5013.1600. ,: Disciplinary Actions Employees in the System may be demoted, suspended or discharged dismissed only on the following grounds: incompetency, inefficiency, dishonesty, misconduct, insubordination, or failure to observe Departmental or City rules and regulations. 50132601 ;_:_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 been. suspended,- demoted, or discharged tlismiss may, within a period of sevenfive (57) days after such actionnotfication, requesf ofrespond;to the Department Director orally orm a wolfing,.,. taim,m '.,t-,,'--";..�.. ^.'^-sush action The Department Director shall, fumish -sueh smteme.l�: ^'n,n�R..° r4- t -1--,- ,s °renfler within ten 10 days provide the Employee with written notice of his decision.., The employee may, within ten; (10) days thereafter, file a written answer a. ppeal wMthe g,ty Manager. The City_manager shalP_review the administrative repords and m. ay conduct an additional investgation The City manager shall render a written decision one the appeal within Mn (1,0,) days The City Manager shall have the right to modify the - discipline imposed by the Department jrector. The employee may, '.within ten 110) daysafile a wnttertappeal with the Board by serving a Notice of Apceafon ti1e Secrefary 14 Newport Beach Civil Service Board System -Rules & Regulations April 2008 Redline_-, September 3,, 2010 Board shall be a closed hearing at the request of the employee. 50133602. - :;_Hearin(j s A602, 1. In General The Board hearings need not be conducted according to technical rules relating to evidence and witnesses. 9,602.2 Right of Counsel The employee may be represented by counsel and shall have the right to produce witnesses to testify in his/herh is behalf. The Board shall issue subpoenas and compel the attendance of all witnesses. C.602.310odifcation of Department Director 'sDisciolinary 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 ob—state or federal law, 2) Substantive violation or omission of procedure was made; or ]:-- .- ..- _..�he-facts- do-got- justify- the - ashen- taken: 2 -- A- substantive- vielatiom,ar- emission -of- procedure- was -made, 3:j 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. Db02.4Reimbumement of Loss of Pav An employee shall be reimbursed for a loss of pay arising from a disciplinary action against himlherhim 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 60ti$3.€.802.5 hereafter. €.602.5 Findings The Board shall certify copies of its findings and decisions to the City Manager, the 501.4 - Inveet] tga ions tE COMMatnt [A36]: Changed to be consistent frith '.. i. the NRent preced. Comment [A37]: Changed w be consistent with the EPM : -i comment [A381: Changed to be consistent with Chance Comment [A39]i Changed to reflect new hurnbenng system J, Comment [A40]: Changed to becovsistwt vnth he EPM Newport Beach Civil Service Board System. Rules & Regulations April 2008 Redline -September 3, 2010 {509.:51....:::: AdyisoryRole The Board - shall- act in an advisory - capacity-to the City Council an personnel admiMstmtion4n- the - Qty- sewic,e-; 501.6 -Rules and Regulations SECM AGE-R 600. Responsloiltesand Auth. o_r ty 6004-- RulesandRegulattons 600.2 Class Soecifications FNe- Gtry-Manager�ha"e- responsible -feF- subject- te- apprevaVby Ow-- Beard,- e Preparation2nd- revisien- o€ rAass- speGlfisaNer�s- foapesitiE�a;;�{ke- system: 600:5.-- PersorxielRmcedures The- Bity-Manger- ,hagl; espansiblefer_adminisiraben Bear9- pel+siesand procedures wWin'hekameweiic-"rd _ pg 1. „ -. Public announcement of vacancies- and examinations and- the review':- of applieatioas- for- emp7eyaier+E 2 Preparation- and- coridusf -of-e minations- and4he- establisbmen"nd- trse:-ef employment lists 3�- i-- 6ertiHsafienandappeiMmentef eligibles: 4. ! Evaluation of employees dunng,probattion periedsandpenodicaljy #hereafter; 5: Appointment, transfer, : -- promotion, Demotion, rejection, 9ayoff: dismissal and reinstates ent of employees 6. Allocation -of positions to Gasses an 3be locals -pf dutiea,- respbns>udd{es 'and minimum qualifications{ "" _. nduse- gfpersennetreserd. 16 camment [A4t]: Provided in section 2 24 050 E:'. _. Comment [A42]: Provided at section z 2a 050 Comment[A43]: Provideclatsection2.24,050 8. Newport Beach Civil Service Board System Rules & Regulations April 2008 Redline _- _September 3, 2010 Comment [A441: Pmvid at se rion 2 24.060_ SECT[ONaNI---,*, EL-ECT10N-OF- POL=1C€- AND-€I RE-CH I E-€S 780 -- Intent 781:.._.... - Selection- Process 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- BuaAfieations -AppraisalgoardNWmd nte�PA ida test shall wlo 1. - The Chairman and one other Board member selected by the Board. 2— r,..o-J * efs- seleeted-by- the -Braid4oRl- other - police- or- fira-depadmeR4 m -cthes with populations comparable to t*IewportBeactr: 0. ^ p r eneele y-MsnageF E..pe- ef- ih..-- :..,tt..Srt. °vt- ten'. ^d - the- fa6tOF6- te- bE�F3N: ��by- tha- QUalj�eatleRS-ApprdlS21 Board-shall be jointly established bpthe City Manager and the Board!: D. -- -fn- erderto- b"gibl"o- campeteinthe- seleeten- process - for -Rdiee Claief- erFire- Chief, all caReidatas- must- eessessthe- miRlmum- qualificotieRS- set- feRh- inth Class Sp atens: Such- elass- specidsatiems- shall- be- Prepara$ -by- the- �!�- MaAagerv✓ith- approval -ot- --the Board:; t [1451 Deed pucunt to dueiou gives 0 C ne OP(fatt proem. SECTION 1g11--- REPEAL- All Civil -Service Rules and Regulations operative on the effective date of the - Rules -land #regulations EOntaFRed -hCre %ra%��. Comment [A45]i No loa6« aedM SECTION IXVII 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 17 Newport Beach Civil Service Board System _Rules & Regulations April- 2008 Redline September 3 2010 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, 19741, Date to Be_Added ". Reformatted! Revised- Rules-approved -by- motion of the City Council- effective -April 22, 2008: Civil- Service -Roles -are also referred to in Ordinance No, 866 and the City of- Newport - Beach - Municipal Code- Chapter -2,24. fA 10- 00250)- Council Redline Draft CSB Rules and Procedures 18 M