HomeMy WebLinkAbout1971-06-01 (6)MINUTE')
Administrative Annex, Civic Center
Huntington Beach, California,
Tuesday, June 1, 1971
Mayor McCracken called the regular adjourned meeting of the City Council
of the City of Huntington Beach to order at 7:30 P.M.
The Pledge of Allegiance was given by all present in the Administrative
Annex.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
Councilmen Absent: Green
RECESS EXECUTIVE SESSION
The Mayor called an Executive Session of the Council to discuss per-
sonnel matters, and called a recess of the Council at ?:33 P.M. Council
was reconvened at 8:.06 P.M. by the Mayor.
hES. NO. 3335 - ADOPTED - A&DUCT OF EMPLOYER -EMPLOYEE RELATIONS
Mr. Edward Thompson, Personnel Director, presented a brief summary of
proposed Resolution No. 3335 - Employer -Employee Relations Resolution
of the City of Huntington Beach. He stated. that the Resolution had
been prepared in conformance with criteria set forth in the Myers-
Milias-Brown Act, and that the representatives of the various employee
organizations and the Personnel Board were in accord.
Mrs. Wandalyn Hiltenen, Personnel. Board member, spoke briefly regarding
the proposed resolution stating that the Board believes it to be a very
appropriate and necessary step toward the orderly communication between
employees and public agencies.
Considerable discussion was held between the Council, Personnel Officer,
and Mr. Herbert A. Moss, Employee Relations Consultant, regarding the
appeal provisions contained in the proposed resolution and the order in
which the appeals would be channeled through the Personnel officer,.
Personnel Board; and City Council. The matter of including the city's
full-time elected Department Heads in the resolution was also discussed
by Council and the City Attorney.
Mr. Jerry Colton, Attorney, representing the Fireman's Association,
addressed Council concerning Section 6 - Paragraph 6-2 (Employee Organ-
izations) and following his presentation, the City Attorney outlined
changes in Section 14 - Paragraph 14-4 (General Provisions' that Council
may wish to consider relative to this matter.
A motion, was made .by Councilman McCracken to modify Section 14 - Para-
graph 14-4 - as follows:
1. To add the language "any provision in this
resolution to the contrary not withstanding."
2. That the City Council may take an appeal to
the Personnel Board from any deterruination of
the Personnel Director.
3. That an appeal to the City Council may be
from the Personnel Board by the same parties who
could take an appeal from the.Personnel Director
to the Personnel Board.
4S7
Page #2 - Council. Minutes - 6/1/71
4. That Section 14-4 shall not apply to any deter-
mination made in connection with impasse pro-
cedures under Section 9-2 of the resolution.
5. Notice of Appeal must be filed in writing within
ten (10) days after notice of any such appealable
determination is served.
Motion carried.
Mr. Moss stated his disagreement with Paragraph Nos. 1 and 3 of
Section 8-1, and recommended that they be deleted and explained his
reasons therefor. An extended discussion was held between the
Council and Mr. Moss on this matter, and also regarding the language
"terms and conditions of employment" contained in Section 8-1, Para-
graph ':�
At Council's request, Mr. Colton spoke concerning the provisions con -
in ,Section 8-1, Paragraphs 1 and 3, and their effect on the em-
loyees organizations. He recommended that said Section remain as
presently written.
�cr_ald Gross, Personnel Board Member, addressed Council and stressed
t^e importance of the adoption of a Personnel Resolution which would be
basically equitable to all employees, and stated that he too, recom-
mended that Section 8-1, Paragraphs 1 and 3, remain unchanged.
A motion was made by Councilman Bartlett that Council support the recom-
mendations of the Personnel Board and retain Section 8-1, Paragraphs 1
and 3, except that Paragraph 1 be amended to allow Council the right to
open negotiations. The motion failed to pass by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken
NOES: Councilmen: Gibbs, Coen, Matney
ABSENT: Councilmen: Green
A_ motion was then made by Mayor McCracken, that Paragraph1 of Section
8-1, be modified to the effect that Council would also have the right
to open negotiations. The motion was passed by the following roll call
vote:
AYES: Councilmen; Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen Green
A motion was made by Councilman Coen to amend the first paragraph of
Section 8-2 by deleting language reading "which shall then be submitted
to the Personnel Board for review and. recommendation,to the City Council,"
and to amend the second paragraph in Paragraph 8-2 by deleting the sen-
tence reading - "Prior to resubmittal of such agreement to the City
Council, all changes or modifications in such agreement shall be submitted
to the Personnel Board for review and recommendation to the City Council."
The motion.was passed by the following roll call vote,.
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
I�QES : Councilmen: None
ABSENT: Councilmen: Green
Councilman Shipley requested and was granted permission to be excused
from. the remainder of the meeting.
A motion was made by Councilman Coen, that Section 13 be amended by
adding the.sentence "Such sanctions shall not be impo::ed without prior
notice, public hearing, opportunity to be heard. and tc, present el,idence
to the City Council by any such employee organization. The moticln was
passed by the following roll call vote:
AYES: Councilmen:. Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT:. Councilmen:. Shipley, Green
Page #3 - Council Minutes - 6/1/71
A motion was made by Councilman Coen, that Paragraph 5 of Section 11
be amended by deleting the last sentence reading "The reward or pun-
ishment of individuals shall be as set forth in the provisions of the
city's Personnel Resolution." The motion was passed by the Following
roll call vote:
AYES: Councilmen: Bartlett,
NOES: Councilmen: None
ABSENT: Councilmen: Shipley,
Gibbs, Matney, Coen, McCracken
Green
The Assistant City Clerk was directed to read Resolution No. 3335,
as amended, by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING RULES AND REGULATIONS FOR THE CONDUCT OF
EMPLOYER -EMPLOYEE RELATIONS WITHIN SAID CITY."
On motion by Matney,, Council waived. further reading of Resolution
No. 3335, as amended, and passed. and adopted same by the following
roll call vote
AYES: Councilmen: Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green
ADJOURNMENT
On motion by Gibbs, the regular adjourned meeting of the City.Council
of the City of Huntington Beach adjourned at 11:20 P.M. Motion carried.
ATTEST:
Paul C. Jones
City CIM
BY: c I--
4rnestilina Di Pablo
Assistant City Clerk
Paul C. Jones
CiTy Clerk and. ex-officio Clerk'
of the City Council of the City
of Huntington Beach, California
BY: �'L _ _%ter•
Ernes ina Di Fab lo-
Assistant City Clerk
6 _�,e
Ge rge C. McCracken
Mayor