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