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Home My WebLink AboutADOPTION OF ORDINANCE NO. 3745 AMENDING CHAPTER 2.76 OF THE 1j r- P 2gd6 JUN 22 Pl-I 6: 06 (A 4.y Ca t + H0 Council/Agency Meeting Held: _ 0 i C#t , Deferred/Continued to- 06 A roved ❑ Conditionally Approved ❑ Denied ' Cit lerky Sigr#ture Council Meeting Date: 7/3/2006 Departme D Number: CA 06-19 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONOR BLEE -M�.-AYOR AND CITY NUNCILMEMBERS SUBMITTED BY: PEN LOPLE CULBRETH-GRAFT, City Administrator JENNIFER MCGRA ' y Attorney PREPARED BY: JENNIFER MCGRA Attorney SUBJECT: Adoption of Ordinance No. J "//S'� Amending Chapter 2.76 of the Huntington Beach Municipal Code to add the Appointive position of Deputy City Treasurer. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: City Council recently adopted a revised organizational chart which added the appointive position of Deputy City Treasurer; said position to be excluded 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 appointive Deputy City Treasurer. 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: N/A Recommended Action: 1. Motion to: Adopt Ordinance No.%3_441S4 An Ordinance of the City of Huntington Beach Amending Chapter 2.76 of the Huntington Beach Municipal Code Relating to Competitive Service Regulations. 2. Authorize the City Administrator to execute an employment agreement for Deputy City Treasurer approved as to form by the City Attorney with the candidate selected. Alternative Action(s): Do not adopt Ordinance No. %3 3 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: CA 06-19 Analysis: It is important that all Charter Section 403 exempt appointive employment positions within the City of Huntington Beach be subject to the same requirements and exclusions. Amending Chapter 2.76 to include the newly added position of Deputy City Treasurer ensures conformity with past personnel practices and the existing non-competitive service officers and employees. 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 r Code Relating to Competitive Service Regulations. k-N Legislative Draft of Chapter 2.76 2. Legislative Draft of Chapter 2.76 rF ' -2- 6/22/2006 3:38 PM ATTACHMENT NO . 1 ORDINANCE NO. 3745 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: (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; (3088-1191) (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) (j)Appointive Deputy City Treasurer. 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 1 7 t}day of Jti 1 V 200_6_. T G r,rc...r ATTEST: Mayor APPROVED AS TO FORM: City Clerk REVI)✓IVED AND APPROVED: U City Attorney IN TIATED AND APPROVED: City AAministrator l�s 06ord/Chap 2-76 Ord. No. 3745 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 re ular meeting thereof held on the 3rd day of July,2006,and was again read to said City Council at a regular meeting thereof held on the 17th day of July,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 July 27,2006. In accordance with the City Charter of said City Joan L. Flynn,City Clerk City Verk and ex-officio Cl Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT NO . 2 ORDINANCE NO. 3 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) (j) Appointive Deputy City Treasurer. 2.76.020 City employees--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 employees. 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 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) Legisdrft/mc0276 I 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-3 Amending Chapter 2.76 of the Huntington Beach Municipal Code COUNCIL MEETING DATE: 7/3/06 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 z 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 ❑ Not 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 City Administrator Initial ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below - For City Clerk's RCA Author: K/JMP PROOF OF PUBLICAT ION' STATE OF CALIFORNIA) (ITY OF ss. 1 AUNTINAN BEACH' COUNTY OF ORANGE ) LECALNoricE'' . ORDINANCE NO 3745' Adopted bythe City' Council on JULY 17,.= �, 2006 I am-a Citizen of the `United States and a AN.ORDINANCE OF THE resident of the *County aforesaid; I am CITY COUNCIL OF THE 9 CITY OF HUNTINGTON', _ BEACH.AMENDING� �,,. - --'"'`"_'' CHAPTER 2.76 OF'THE"-` aver=the`age-ofi eighteen years, and-not-a-- HUNTINGTON BEACH,' {, MUNICIPAL CODE. party to.or Interested In the below entitled RELATING TO. -. matter. I am. a 'principal clerk of they COMPETITIVESERVICE ...REGULATIONS" SYNOPSIS' HUNTINGTON BEACH INDEPENDENT, CITY COUNCIL RE_. CENTGY ADOPTED,A RE- _ a newspaper of general circulation, VISED 'ORGANIZATIONAL' CHART 'WHICH ADDED printed. and published in'' the City of THE APPOINTIVE POST- TION OF DEPUTY- CITY' TREASURER;f SAID P.OSI- Huntington Beach,., County of Orange, TION TO BE,.EXCLUDED State of California, and, that attached FROM THE' PERSONNEL, _ SYSTEM AND;COMPETI- T I.V E S_E R V I C E- Notice, is a true and complete copy as REQUIREMENTS."CHAP- TER 2.76 SETS FORTH THE POSITIONS' TO-•BE' was printed - and published in: the EXdUDED FROM THE, 'PERSONNEL PROVISIONS Huntington ..Beach Issue of Said OF 'CHARTER SECTIONS } 403 AN•D,'SHO.ULD- ne�vspapEr to wit t7ihe IJ.�^.us(s) of- T H E R,E-F 6'R E B E� AMENDED TO-ADD ,THE ' P.OSITIO:N -OF. AP< POINTIVE' DEPUTY_CITYI' ` TREASURER: AMENDING CHAPTER 23 TO IN- CLUDE THE. NEWLY ADDED 'POSITION OF DEPUTY CITY TREASUR- ER ENSURES CONFORMI" " TY WITH PAST'PERSON-; JULY 27 20.06 NEL PRACTICES: ANDI THE EXISTING' NON' COMPETITIVE SERVICE OFFICERS SAND EMPLOY-f EES.w f _ COPIES`OF,THIS ORDI-I NANCE.ARE AVAILABLE, IN THE CITY 'CLERK'S) FFIC declare, under penalty of perjury, that UPASS' - PASSED AND•ADOPTED -by the,City.Council,oft the.foregoing is true and correct.. the City of Huntington' •Beach.at a regular meet-t ing held duly 17;2006 b'y the following roll calls Executed on JULY 27, 2006 V AY .� AYES Bohr,Green', Coerper,Sullivan at Costa Mesa, California. NOES.Hanse Cook ABSENT: None - This`ordinance is.ef,: « festive 30 days after ' CITY OF' r� HUNTINGTON BEACH Sig 2000 MAIN STREET._ nature HUNTINGTON BEACH,', _ dA 92648 714-586-5227f JOAN L.FLYNN,. , CITY CLERK Published ,Huntington. Beach independent July 27„2006, ,�073�_494_'