HomeMy WebLinkAboutAdd Position of Chief Assistant Attorney - Ordinance 3959 - AAft1V4Zb
CounciVAgency Meeting Held-A&PT&O / lay
Deferred/Continued to:
AAppr ved ®Conditionally Approved ® Denied Ua_Z,02 ?�/CleOts Siqyure
Council Meeting Date: September 17, 2012 Department ID Number: CA 12-016
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable t0rdin
d City Council Members
SUBMITTED BY: Jennifer Mcty Attorney
PREPARED BY: Jennifer Mcty Attorney
SUBJECT: Adoption ofe No. 3959 Amending Chapter 2.76 of the
Huntington Beach Municipal Code to add Chief Assistant City Attorney
Statement of Issue: Amend Chapter 2.76 of HBMC to add position of Chief Assistant City
Attorney.
Financial Impact: N/A
Recommended Action: Motion tm
Adopt Ordinance No. 3959 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. 3959 An Ordinance of the City of
Huntington Beach Amending Chapter 2.76 of the Huntington Beach Municipal Code Relating
to Competitive Service Regulations.
HB -929- Item 21. - 1
ROOF OF
PUBLIGATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
CITY OFHUNTINGTON THE NEWLY ADDED PO-
SITI OF CHIEF ASS-
BEACH TANT CITY, ATTORNEY.
LEGAL NOTICE THIS NEW POSITION
I am a citizen of the United States and a ORDINANCE NO.3959 WILL-PROVIDE NEEDED.
Adopted by the City FLEXIBILITY TO THE
resident of the County of Los Angeles, I Council onOCTOBERI, CITY AT
TORNEY'S OF-
2012 FICE IN CREATING A
am over the age of eighteen years, and "AN ORDINANCE OF THE NEW MANAGEMENT
CITY OF' HUNTINGTON STRUCTURE.
not a party to or interested in the notice BEACH AMENDING PASSED AND ADOPTED
CHAPTER 2.76 OF THE by the City Council of
published. I am a principal clerk of the HUNTINGTON BEACH the City t Huntington
p p p DE RE- Beach at a regular
HUNTINGTON BEACH LATINGPATO CCOOMPETI- meeting held
TIVE SERVICE REG- October 1, 2012 by the
INDEPENDENT, , which was adjudged a ULATIONS" in roll AYES all Harper;
SHE CITY*
ATTDRNEY'S Dwyer,Hansen,Carchio,
T er news a of general circulation on
newspaper g Bohr,Boardman
September 29, 1961 case A6214, and OFFICE
IS A EXPLORING NT NOES:None
p ABSTAIN:None
STRUCTURE WHERE A ABSENT:None,
June 11, 1963, case A24831, for the CHIEF ASSISTANT CITY THE
ORDINANCE IS
ATTORNEY WILL BE RE- ORDIN THE FULL TEXT OF THE
City of Huntington Beach, County of SPONSIBLE FOR MANY ABLE AN THE CITY
AVAIL-
MANAGEMENT FUNC- CLERK'S OFFICE.
Orange, and the State of California. TIONS OF THE OFFICE. CLERK' OFFICE.
is ef-
THE STRUCTURE WAS This ordinance days after
Attached to this Affidavit is a true and RECOMMENDED BY fectadoption.
complete copy as was printed and NE SMANA AFTER NA RECENT T PART- CITYOFB ACHIN-
AUDIT OF THE CITY AT- 2000 MAIN STREET
published on the following date(s): TORNEY'S OFFICE. BE- HUNTINGTON BEACH,
CAUSE OF THE UNIQUE CA92648
e� .p
JOB SPECIFICATIONS OF 714-536-5227
Thursday, October 11, 201 2 CHIEF SSISTANS NET CITY
JOAN L.FLYNN,CITY
ATTORNEY, ITCLERK
ESSARY TO EMPLOY
SUCH PERSON OUTSIDE H.B.Independent
THE COMPETITIVE SER- -Publish Date 10/11/2012
VICE SYSTEM.IN ORDER
certify (or declare) under penalty TO CREATE THIS P SI-
TION OUTSIDE THE
CITY'S COMPETITIVE
of perjury that the foregoing is true SERVICE PROCESS,
CHAPTER 2.76 WAS
and correct. AMENDED TO INCLUDE
Executed on October 17, 2012
at Los Angeles, California
Signature
REQUEST FOR COUNCIL ACTION
MEETING DATE: 9/17/2012 DEPARTMENT-ID NUMBER; CA 12-016
Analysis: Currently the City-Attorney's Office is exploring a new management.,.astructure
where a Chief Assistant City Attorney would be responsible for many management functions
of the office. This structure was recommended by Management Partners after a recent audit
of the City Attorney's Office. Because of the unique job specifications of Chief Assistant City
Attorney it is necessary to employ such person outside the competitive service system. In
order to create this position outside the City's competitive service process, Chapter 2.76
must be amended to include the newly added position of Chief Assistant City Attorney. This
new position provides needed flexibility to the City Attorney's Office in creating a new
management structure.
Environmental Status:
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s):
® Description
1. Ordinance No. 3959An Ordinance of the City of Huntington Beach
Amending Chapter 2.76 of the Huntington Beach Municipal Code
Relating to Competitive Service Regulations.
Item 21. - 2 HB -930-
ATTAC H M E NT #1
ORDINANCE NO. 3959
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 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 Manager;
(c) Deputy City Manager;
(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 on 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.
(1) Chief Assistant City Attorney
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 1st day of October , 2012.
Mayor
ATTEST: APPROVED AS TO FORM:
'City Clerk City Attorney
REV D APPROVED: TED AND APPROVED:
Yi anager �Attorney
12-3486/84479
Ord. No. 3959
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 Special
meeting thereof held on September 24, 2012, and was again read to said City Council at
a Regular meeting thereof held on October 01, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
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 October 11,2012.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk Ci Clerk and ex-officio �erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 3959
LEGISLATIVE DRAFT
Chapter 2.76
COMPETITIVE SERVICE REGULATIONS
(1225-8/66, 1642-6/71,3088-1/91,3221-1/94,3718-8/05, 3745-8/06,3770-8/07)
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 Reserved
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 Manager; (3088-1/91)
(c) Deputy City AdministfatefManager; (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. (3745-8/06)
(k) Ambulance Operators.,-
(1) Chief Assistant City Attorney.
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)
Huntington Beach Municipal Code Chapter 2.76 Page 1 of 2
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)
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 Reserved. (1225-8/66, 3770-8/07)
Huntington Beach Municipal Code Chapter 2.76 Page 2 of 2