HomeMy WebLinkAboutOrdinance 3917 - Reducing the number of Personnel Commission PROOFOF
PUBLICATION
STATE OF CALIFORNIA) - CITY OF HUNTINGTON BEACH
LEGAL NOTICE
SS. Adopted
NO.3917 +
"AAdo D ORDINANCE E'OF T C Coiincif ITY'AUGUST
15,20 TON
CONTT OF ORANGE ) TINGT AMENDING CHAPTER 2.72 OF THE HUN-
6� TINGON BEACH MUNICIPAL CODE RELATING TO l
PERSONNEL SYSTEM"
SYNOPSIS: +
THE ADOPTION OF ORDINANCE NO.3917 REDUCES I
am a citizen of the United States and a THE NUMBER OF PERSONNEL COMMISSION MEM-
BERS.FROM SEVEN TO FIVE,'AND REDUCES THE
resident of the County of Los Angeles; I TERM OF SERVICE. FROM FOUR YEARS TO TWO
YEARS.
am over the age of eighteen years, and PASSED AND ADOPTED by the City Couhcil'of the
City of Huntington.,Beach .at a regular meeting
not a art to or interested in the notice held August 15,2011 by the following roll call vote:
party AYES:Harper,Hansen,Carchio,Bohr,Dwyer
published. I am a principal clerk of the NOES:Shaw,Boardman
p p p ABSTAIN:None
HUNTINGTON BEACH ABSENT:None
THE FULL TEXT OF THE ORDINANCE IS AVAIL
INDEPENDENT, which was adjudged a ABLE IN THE CITY CLERK'S OFFICE. -
This ordinance is-effective-30 days after
er
news a of general circulation on adoption.
newspaper g CITY OF HUNTINGTON BEACH
September 29, 1961, case A6214, and 2000 MAIN STREET
p HUNTINGTON BEACH;CA 92648
June 11, 1963, case A24831, for the 714-536-5227 .
JOAN L.FLYNN,CITY CLERK
Cityof Huntington Beach County of Published Huntington Beach Independent
9 I August 25,2011
Orange, and the State of California. - —-- --
Attached to this Affidavit is a true and
complete copy as was printed and
published on the following date(s):
Thursday, August,25, 2011
1 certify (or declare) under penalty
of perjury that the foregoing is true
and correct.
Executed on September 21 , 2011
at Los Angeles, California
Signature
Council/Agency Meeting Held:_ d /Aa
Deferred/Continued to: ��is
`E6,Ap r-ov d ❑ C nditi Wally prov ❑ Denied City Cler Signatur
Council Meeting Date: August 1, 2011 Department ID Number: HR 11-010
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Carr, Director of Human Resources
SUBJECT: Approve for introduction Ordinance No. 3917 amending the City of
Huntington Beach Municipal Code by changing the makeup of the
Personnel Commission and the terms of appointment
Statement of Issue: The City Council is asked to amend the existing City of Huntington
Beach Municipal Code by adopting an ordinance amending Chapter 2.72, reducing the
number of Personnel Commission members from seven to five, and reducing the term of
service from four years to two years.
Financial Impact: Not Applicable
Recommended Action: Motion to:
Approve for Introduction Ordinance No. 3917, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 2.72 of the Huntington Beach Municipal Code, Relating
to the Personnel System."
Alternative Action(s):
Do not approve the Ordinance.
HB -885- Item 28. - I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 8/1/2011 DEPARTMENT ID NUMBER: HR 11-010
Analysis: The Personnel Commission for the City of Huntington Beach was established
in 1966 consisting of five members. In 1983, the City Council approved an increase in the
number of Personnel Commission members to seven.
Recently, the Intergovernmental Relations Committee (IRC), which is comprised of the Mayor
(Carchio) and two Council Members (Dwyer and Harper) as part of their ongoing review of
Boards and Commissions voted to modify the Personnel Commission structure and terms of
office. The decrease of two members will not negatively affect the execution of the Personnel
Commission's duties as it will take place via natural attrition (the expiration of two current
commissioner terms as of June 30, 2012).
Reducing the commissioner's term from four years to two years, with a two-term limit, allows
enhanced rotation of Commission members.
Staff recommends the Council adopt the Ordinance amending the requisite items related to
the operation of the Personnel Commission as reflected therein.
Environmental Status: N/A
Strategic Plan Goal: Improve Internal and External Communication
Attachment(s):1
Obt& oelbii
. Ordinance No. 3917, "An Ordinance of the City Council of the City of Huntington
Beach Amending Chapter 2.72 of the Huntington Beach Municipal Code, Relating to
the Personnel System."
Item 28. - 2 HB -886-
ATTACHMENT # 1
ORDINANCE NO. 3917
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.72 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE PERSONNEL SYSTEM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.72.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.72.040 Director of Duman Resources—Powers and Duties. The Director of Human
Resources shall be appointed by the City Manager with the approval of a majority of the
City Council. The Director shall have the following powers and duties:
a) to administer the provisions of this code relating to personnel and city employees;
the personnel resolution; and the employer-employee relations resolution; and
b) to be the city's principal representative in all matters of employer-employee
relations,with authority to meet and confer in good faith with recognized employee
organizations within the scope of representation and shall serve as secretary to the
personnel board; and
c) to be responsible for directing, planning, organizing and managing the operations
of the Department of Human Resources, and all other personnel functions and programs
of the City, including, but not limited to, recruitment and selection, classification and
compensation, training, employee benefits, risk management,the City's self-insured
programs in liability, worker's compensation, and loss prevention; and
d) with the approval of the City Manager, to appoint all other officers, assistants,
deputies and employees of the Human Resources Department; and
e) to perform other such tasks and duties as may be assigned by the City Manager.
SECTION 2. Section 2.72.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.72.050 Commission created. There is hereby created a Personnel Commission to consist of
five (5) members effective June 30, 2012.
SECTION 3. Section 2.72.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.72.060 Commission--Members--Terms. The members of the Personnel Commission shall
be appointed by the City Council from the electors of the city. No member shall hold any paid
office or employment in the city government while serving on the commission or for one (1) year
11-2994/67965 1
Ord. No. 3917
after ceasing to be a member. Members shall be subject to removal by motion of the City
Council, adopted by the affirmative votes of a majority of the total membership thereof.
Effective June 30, 2011,the members thereof shall serve for terms of two (2) years. The terms
shall be staggered so that the number of terms expiring in any year shall not vary by more than
one from the number of terms expiring in any other year. Terms shall expire on June 30 of the
appropriate year. A vacancy occurring before the expiration of a term shall be filled by
appointment for the remainder of the unexpired term.
SECTION 4. Section 2.72.065 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.72.065 Service limitation. No person shall serve more than two (2) consecutive terms on the
Commission.
SECTION 5. Section 2.72.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.72. 070 Commission--Functions and duties. The Personnel Commission shall have
the power and be required to:
(a) Make any investigation upon request of the City Council concerning the
administration of the personnel system and report its findings to the City Council and
City Manager;
(b) Hear appeals on grievance matters for final decision except for such matters as may
be submitted to final and binding arbitration;
(c) Hear appeals from decisions of the City Manager or his/her designee made pursuant
to the employer-employee relations resolution;
(d) Determine hearing procedures and select hearing officers and advisory arbitrators for
hearings;
(e) Review impasse matters as provided in the employer employee relations resolution;
and
(f) Perform such other functions as may be prescribed by ordinance or resolution.
SECTION 6. Section 2.72.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.72.080 1VMeetines--Chairperson. As soon as practicable following the first day of July
of each year,the Personnel Commission shall elect one of its members to serve as
chairperson of the commission.
The City Manager shall designate a secretary for the Personnel Commission who need not be a
member of such commission, and who shall keep a record of its proceedings and transactions.
The Personnel Commission may prescribe its own rules and regulations subject to the approval
11-2994/67965 2
Ord No. 3917
of the City Council. Copies of such rules shall be kept on file in the office of the city clerk
where they shall be available for public inspection.
SECTION 7. Section 2.72.110 of the Huntington Beach Municipal Code is repealed in
its entirety.
SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of Auqi,tt , 20- 1
0
a
Y
ATTEST: APPROVED AS TO FORM:
City Clerk City Atto
REVIE ND APPROVED: :TNITIA AND PRO
� 4
(ly ager Director opluman Resources
11-2994/67965 3
Ord. No. 3917
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven;that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on August 01,2011, and was again read to said City Council at a
regular meeting thereof held on August 15,2011, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Harper, Hansen, Carchio, Bohr, Dwyer
NOES: Shaw, Boardman
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on August 25,2011.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk Clerk and ex-officio Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
KEY
INSERTIONS: Double underline
DELETIONS S1rik gh
LEGISLATIVE DRAFT
Chapter 2.72
PERSONNEL, SYSTEM
(1225-8/66, 1642-6/71,2058-6/76,2377-7/79,2464-12/80,2665-12/83,2926-2/88,3323-5/96,3718-8/05,
3770-8/07)
Sections:
2.72.010 Adopted
2.72.020 Department Established
2.72.030 Repealed, Ordinance No. 2464-12/80
2.72.040 Director of Human Resources—Powers and Duties
2.72.050 Commission created
2.72.060 Commission—Members - Terms
2.72.065 Service limitation
2.72.070 Commission- Functions and duties
2.72.080 Meetings - Chairperson
2.72.090 Oaths -Affirmations
2.72.100 Employer-employee relations
7 1 1 n Self; er's less andfund . ,,+
2.72.010 Adopted. In order to establish an equitable and uniform procedure for
dealing with personnel matters; to attract to municipal service the best and most
competent persons available; to assure that appointments and promotions of
employees will be based on merit and fitness; and to provide a reasonable degree
of opportunity for qualified employees,the following personnel system is
adopted. (1225-8/66)
2.72.020 Department Established. A Human Resources Department is hereby
created and shall be under the supervision and control of the Director of Human
Resources. The objectives of the department shall be to provide services related
to human resources management to all city employees, and to provide services to
other city departments to achieve the selection and development of a workforce
which can provide the highest quality of services to the community. (1225-8/66,
1642-6/71,2464-12/80,3718-8105,3770-8/07)
2.72.040 Director of Human resources—Powers and Duties. The Director of
Human Resources shall be appointed by the City AdministratefMana,ger with the
approval of a majority of the City Council. The Director shall have the following
powers and duties:
a)to administer the provisions of this code relating to personnel and city
employees; the personnel resolution; and the employer-employee relations
resolution; and
b)to be the city's principal representative in all matters of employer-employee
relations, with authority to meet and confer in good faith with recognized
employee organizations within the scope of representation and shall serve as
secretary to the personnel board; and
c)to be responsible for directing, planning, organizing and managing the
operations of the Department of Human Resources, and all other personnel
1
11-2994/67968
KEY
INSERTIONS: Double underline
DELETIONS StfilEetl3reugh
functions and programs of the City, including, but not limited to, recruitment and
selection, classification and compensation, training, employee benefits, risk
management, the City's self-insured programs in liability,worker's
compensation, and loss prevention; and
d)with the approval of the City A drain s*ra*^rMana er, to appoint all other
officers, assistants, deputies and employees of the Human Resources Department;
and
e) to perform other such tasks and duties as may be assigned by the City
Manager. (1225-8/66, 1642-6/71,2464-12/80,3718-8/05,3770-8/07)
2.72.050 Commission created. There is hereby created a Personnel Commission
to consist of seve five (75) members effective June 30, 2012. (1225-8/66,2377-7/79,
2665-12/83)
2.72.060 Commission--Members--Terms. The members of the Personnel
Commission shall be appointed by the City Council from the electors of the city.
No member shall hold any paid office or employment in the city government
while serving on the commission or for one (1) year after ceasing to be a member.
Members shall be subject to removal by motion of the City Council, adopted by
the affirmative votes of a majority of the total membership thereof. Effective
June 30, 2011,Tthe members thereof shall serve for terms of fay wo (Q) years
a +�' t� iive me and qualified. The terms shall
uiiu uii�u �iicirr�opev�r-vc J:.ii.:.eo:�^
be staggered so that the number of terms expiring in any year shall not vary by
more than one from the number of terms expiring in any other year. Terms shall
expire on June 30 of the appropriate year. A vacancy occurring before the
expiration of a term shall be filled by appointment for the remainder of the
unexpired term. (1225-8/66,2377-7/79,2926-2/88,3323-5/96)
2.72.065 Service limitation. No person shall serve more than two (2)
consecutive terms on the Commission. The*ems of any per—sons having alfea y
their- sueeessei— 3—r,Fs6)
2.72. 070 Commission--)Functions and duties. The Personnel Commission
shall have the power and be required to:
(n) Aet in
pefsennof a,,, stfat;
(ba Make any investigation upon request of the City Council concerning the
administration of the personnel system and report its findings to the City
Council and City Administrator;
(eb) Hear appeals on grievance matters for final decision except for such
matters as may be submitted to final and binding arbitration;
(d) Heaf appeals from industrial disabilit�,fetir-emeftt deteffflinatietis made by th-e
City trater or-his/h erfiesignee—, (a74-�
2
11-2994/67968
KEY
INSERTIONS: Double underline
DELETIONS
(ec) Hear appeals from decisions of the City Manager or his/her
designee made pursuant to the employer-employee relations resolution; (3718-
8/05)
(fd)Determine hearing procedures and select hearing officers and advisory
arbitrators for hearings;
(ge) Review impasse matters as provided in the employer employee relations
resolution; and
empleyment; and
(iD Perform such other personnel dtAies and functions as may be prescribed by
ordinance or resolution. (1225-8/66,1642-6/71,2377-7/79,2464-12/80)
2.72.080 Meetings--Chairperson. As soon as practicable following the first day
of July of each year, the Personnel Commission shall elect one of its members to
serve as chairperson of the commission.
The City ^dministfaleTManager shall designate a secretary for the Personnel
Commission who need not be a member of such commission, and who shall keep
a record of its proceedings and transactions. The Personnel Commission may
prescribe its own rules and regulations subject to the approval of the City Council.
Copies of such rules shall be kept on file in the office of the city clerk where they
shall be available for public inspection. (1225-8/66, 1642-6/71, 2377-7/79)
2.72.090 Oaths--Affirmations. Each member of the Personnel Commission and
the secretary thereof shall have the power to administer oaths and affirmations in
any investigation or proceeding pending before such commission. (1225-8/66,
1642-6/71, 2377-7179)
2.72.100 Employer-employee relations. An employer-employee relations
resolution shall be adopted and may be amended from time to time by the City
Council following hearings open to the public before the personnel board.
(1225-8/66, 1642-6/71)
"self2.72.110 Self insurer's loss fund trustee aeeount. A
tfustee n
.,!
YuiYvse�-v�rr
(e) To pay the eests of(a) To pay all medieal and disability eampensalion benefits for-e4y emplayees-
by eity staff of by an etitside eantfaetef of eefistiltaiR-,
11-2994/67968
KEY
INSERTIONS: Double underline
DELETIONS Stfikedwough
(d) To pay fees for-legal sei=viees fequir-ed to minimize war-ker-s' eompensa4io.n.
employees;
staff el,,.li — +o y staff .,n +i,o;«o
��u� , one
ebliga4iefis tinder-the state ",efkefs' eempensalion laws; to fedttee
--ries end the employee lost time and stiffefing asseeiated therewith; a-Rd te
Nui4serve
(2058 6 7v%
4
11-2994/67968