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Home My WebLink AboutORD 3746 AMENDING CHAPTER 2.76 TO ADD AMBULANCE OPERATORS fqc C)Z 46?a yap zqv_ Council/Agency Meetin Held: 2006 JUG- 25 A110: 53 Deferred/Continued to Pj-n 124 * IL nally? pprov"ed 1-1 jA VO GN 12�"-:*A Approved U Conditionally ity Cle�k`S(Sig-r r Lure Council Meeting Date: 8/7/2006 Department ID 4ber: CA 06-21 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AN ,CITY COUNCILMEMBERS SUBMITTED BY: F) NELORE CULB�RE -GFIATH, DPA, CITY ADMINISTRATOR JENNIFER MCGR ity Attorney PREPARED BY: JENNIFER MCGR ity A. DUANE OLSON, Fire Chi SUBJECT: Adoption of Ordinance No. Amending Chapter 2.76 of the Huntington Beach Municipal Code to add Ambulance Operators Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: City of Huntington Beach Fire Department currently contracts with Employment System Incorporated to provide contract Emergency Medical Technician personnel to drive emergency transport vehicles in the City; the Fire Department would like to bring these services "in-house". However, said positions are to be excluded from the personnel system and competitive service requirements. Chapter 2.76 sets forth the positions to be excluded from the personnel provisions of Charter Section 403 and should therefore be amended to add the position of Ambulance Operator. As this is a Charter Section 403 excluded position, the candidate selected must enter into an employment agreement with the city of Huntington Beach. Funding Source: FireMed Enterprise Account 50265403.69465 for contractual ambulance services. Recommended Action: 1. Motion to: Adopt Ordinance No. An Ordinance of the City of Huntington Beach Amending Chapter 2.76 of the Huntington Beach Municipal Code Relating to Competitive Service Regulations. Alternative Action(s): Do not adopt Ordinance No. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. - COUNTY OF ORANGE CI-T YOF HUNTINGTON BEACH . LEGAL NOTICE ; OROINANCF N0.3746 I am a Citizen of the United States and a ,Adept"N,,Ihe Clts, Coanch on . AUGUST 21,2006 resident of the County aforesaid; I am "AN ORDINANCE OF THE CITY OF HUNTINGTON over the age of eighteen years, and not a BEACH AMENDING CHAPTER 2.76 OF THE " party to or interested in the below entitled -HUNTINGTON BEACH MUNICIPAL CODE matter. I am a principal clerk of the SERVICE COMPETITIVE, TIVE SERVICE REGULATIONS" HUNTINGTON BEACH INDEPENDENT, _JHE, CITY S AMRU= LANCE OPERATORS`ARE ' a newspaper of general circulation, CONTRACT: PERSONNEL printed and publish y,led in the City of EMPLOYED BAY INCOY- MENT SYSTEMS INCOR-` PORATED AND'.CON- Huntin ton Beach, Coun of Oran e, F HUNTINGTON TO THE CITY 9 `,� ,O 9 dNTINGTON BEACH �+# y, TO, OPERATE FIRE DE- State of California, and that IiG�t` attached Led PARTMENT.EMERGENCY TRANSPORT' VEHICLES.1 Notice Is a true and complete dopy as BECAUSE OF THE', was printed and published in the S E I C E B SPECIFICATIONS OF THE g AMBULANCE OPERATOR, Huntington Beach issue o9 said IT IS NECESSARY OTO N- 9 "EMPLOY SUCH PERSON- NEL,"OUTSIDE THE, newspaper to wit the Issue(s) of. SCOPE OF THE CITY'S COMPETITIVE SERVICE SYSTEM. AMENDING CHAPTER -2.76..TO IN- GLURE. THE NEWLY. ADDED IPOSITION OF' AMBULANCE OPERATOR PROVIDES THE NEEDED. FLEXIBILITY 'IN, THE AUGUST 31 r 2006 C.ITY'S AMBULANCE PROGRAWTO CONTINUE ' ITS SUCCESS. COPIES OF THIS :OR- DINANCE ARE A"IL- ABLE IN' THE CITY 1 CLERK'S OFFICE. PASSED .AND ADOPTED ;by the 'City declare, under penalty of perjury that Council of the City of Huntington Beach a a , regular meeting held(Au-- ' gust 21, 2006 "by;'the the foregoing is true and correct. following roll ca►I v€rte: AYES: Bohr, Green. Coerper„ Sullivan, Har dy,Hansen,Cook " NOES: None' Executed on AUGUST 31 r 2006 ABSENT: None This d ce,is of- at Costa Mesa, California. fective 30 days afteradoption:' CITY j HUNTINGTON BEACH 2000 NIAIN$T0ET HUNTINGTON BEACH" CA 92648 714-536-5227 Signature JOANL.FLYNN, j '-CITY CLERK,_ Published 'Huntington Beach Independent Aug. ' 31;2006 '0$5 620 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/7/2006 DEPARTMENT ID NUMBER: CA 06-21 Analysis: Currently, the City's Ambulance Operators are contract personnel employed by Employment Systems Incorporated and contracted to the city of Huntington Beach to operate Fire Department emergency transport vehicles. Because of the unique job specifications of Ambulance Operator, it is necessary to employ such personnel outside the scope of the City's competitive service system. Amending Chapter 2.76 to include the newly added position of Ambulance Operator provides the needed flexibility in the City's ambulance program to continue its success. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. � An Ordinance of the City of Huntington Beach Amending Chapter 2.76 of the Huntington Beach Municipal Code Relating to Competitive Service Regulations. 2. Legislative Draft of Chapter 2.76 -2- 7/18/200612:14 PM ATTACHMENT # 1 ORDINANCE NO. 3 7 4 6 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.76 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO COMPETITIVE SERVICE REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.76.010 of the Huntington Beach Municipal Code is hereby amended by adding subsections 0) and(k), to read as follows: 2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City Charter, it is declared that all departments and appointive officers and employees of the City are included within the personnel system and the competitive service except: (a) Elective officers; (b) City Administrator; (c) Deputy City Administrator; (d) Members of appointive boards, commissions and committees; (e) Persons engaged under contract to supply expert, professional, technical or other services; (f) Emergency employees who are hired to meet the immediate requirements of the emergency; (g) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal year; (h) Temporary employees. (i) Appointive Department Heads. 0) Appointive Deputy City Treasurer. (k) Ambulance Operators. SECTION 2. 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 21 s t day of August , 200 6 . ATTEST: Mayor APPROVED AS TO FORM: rty er REVIEWED AND APPROVED: City Pittorney .v L_al_oc. TED AND APP VED: City Administrator ie 2'7 16C. 06ord/Chap 2-76 Ord. No. 3746 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 the 7th day of August,2006,and was again read to said City Council at a regular meeting thereof held on the 21st day of August,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None 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 31,2006_ In accordance with the City Charter of said City Joan L. Flynn, Ci, Clerk Cif/Clerk and ex-officio Merk Deputy City clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 ORDINANCE NO. LEGISLATIVE DRAFT Chapter 2.76 COMPETITIVE SERVICE REGULATIONS (1225-8/66, 1642-6/71, 3088-1/91, 3221-1/94, 3718-8/05) Sections: 2.76.010 Exclusions from competitive service 2.76.020 City employees--Political activity restricted 2.76.030 Soliciting campaign contributions from other employees 2.76.040 City offices barred from contribution notices 2.76.050 Compliance with bar on governmental premises 2.76.060 Exception to section 2.76.040 2.76.070 Use or threat to use political authority or influence 2.76.080 Political activity prohibited while in uniform 2.76.090 Non-exempt employees--Prohibited election activities. 2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City Charter, it is declared that all departments and appointive officers and employees of the City are included within the personnel system and the competitive service except:_(3088-1/91) (a) Elective officers; (3088-1/91) (b) City Administrator; (3088-1/91) (c) Deputy City Administrator; (3088-1/91, 3718-8/05) (d) Members of appointive boards, commissions and committees; (3088-1/91) (e) Persons engaged under contract to supply expert,professional, technical or other services; (3088-1/91) (f) Emergency employees who are hired to meet the immediate requirements of the emergency; (3088-1/91) (g) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal year; (3088-1/91) (h) Temporary employees. (1225-8/66, 1642-6/71, 3088-1/91) (i) Appointive Department Heads. (3122-1/94) 0)Appointive Deputy City Treasurer. (k) Ambulance Operators. 2.76.020 Citmployees--Political activity restricted. This chapter applies to all officers and employees of the competitive service. (1225-8/66) 2.76.030 Soliciting campaign contributions from other employ. An officer or employee of the City shall not, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the City or from persons on the employment lists of the City. (1225-8/66) 2.76.040 City officers barred from contribution notices. Every officer or employee of the City shall prohibit the entry into any place under his control, occupied and used for the governmental Legisdrft/mc0276 1 purposes of the City, of any person for the purpose of therein making, or giving notice of any political assessment, subscription or contribution. (1225-8/66) 2.76.050 Compliance with bar on governmental premises. A person shall not enter or remain in any such place described in section 2.76.040 for the purpose of therein making, demanding or giving notice of any political assessment, subscription or contribution. (1225-8/66) 2.76.060 Exception to section 2.76.040. This chapter shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the City. (1225-8/66) 2.76.070 Use or threat to use political authority or influence. No one who holds, or who is seeking election or appointment to any office or employment in the City shall, directly or indirectly, use,promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon, secure for any person or to aid or obstruct any person in securing or to prevent any person from securing any position, nomination, confirmation,promotion, change in compensation or position, within the City, upon consideration or condition that the vote or political influence or action of such person or another shall be given partly or upon any other corrupt condition or consideration. (1225-8/66) 2.76.080 Political activity prohibited while in uniform. No officer or employee of the City shall participate in political activities of any kind while he is in uniform. (1225-8/66) 2.76.090 Nonexempt employees--Prohibited election activities. No officer or employee whose position is not exempt from the operation of the personnel system of the City shall take an active part in any campaign for or against any candidate, except himself, for an officer of such City, or for or against any ballot measure relating to the recall of any elected official of the City. (1225-8/66) Legisdrft/mc0276 2 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adoption of Ordinance No. Amending Chapter 2.76 of the Huntington Beach Municipal Code Adding Ambulance Operators COUNCIL MEETING DATE: August 7, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached t Applicable ❑❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial E City Administrator (Initial) ( ) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use • RCA Author: Vigliotta/McGrath/Justen/Olson