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Home My WebLink AboutAmendment to City Classification Plan - Conflict between Cit (14) February 3, 2003 - Council/As-ency Agenda - Page 14 F. Administrative Items F-1. (City Council) Approve Elected City Clerk's Request for Payment for Legal Counsel ( . ) Communication from the City Clerk informing Council that the City Charter provides that a city official shall be represented in proceedings in which such officar has been named. The City Attorney(former City Attorney Gail Hutton) would normally have represented the elected City Clerk whose office, at the October 7, 2002 City Council meeting, was charged with violation of the Huntington Beach Municipal Code. As the charge,was officially made by the City Administrator's Office, the City Attorney represented the City Administrator. The law that the City Clerk was charged to have violated is: Huntington Beach Municipal Code S. 2.76.070 Use or Threat to Use Political Authority or Influence. Former City Attorney Gail Hutton represented the City Administrator. The City Attorney's Office could not at the same time, represent the City Clerk in the City Clerk's efforts to have the above charge withdrawn. There was a need for-submittal to the City Council by the City Administrator's Office of an official document of retraction at the earliest possible Council meeting. This official retraction would serve to absolve the City Clerk of wrongdoing as was charged. As a result, there was a need for the City-Clerk to be afforded legal counsel to negotiate on my behalf a retraction with the City Administrator and the City Attorney's Office. The retraction wording had to be found acceptable to the City Administrator and City Attorney in order to enter a joint statement and retraction of the charges into the record at the next possible Council meeting. The attached invoice from the legal counsel representing the City Clerk covers the period October 11, 2002 through November 18, 2002. A review of the invoice reflects the negotiations between former City Attorney Gail Hutton, the City Attorney's staff, the City Administrator and the City Clerk's counsel, and numerous revisions to the retraction language before it became acceptable to the City Administrator and his legal counsel. Recommended Action: Motion to: Find that the elected City Clerk was entitled to legal counsel, as was provided to the Office of the City Administrator; and authorize payment of invoices totaling $6775 submitted by City Clerk's legal counsel for assistance to her from October 11, 2002 through November 18, 2002, to negotiate for the removal of the charge of violation of City of Huntington Beach Municipal Code S. 2.76.070 from the official city record. (The withdrawal'of the charge was entered into the record of the November 6, 2002 City Council meeting_minutes.) (13) February 3, 2003 - Counci,.,-�gency Agenda - Page 13 E-14. (City Council/Redevelopment Agency) Approve Settlement Agreement to Resolve Three Lawsuits Involving the Abdelmuti Development Company Owner Participation Agreement(OPA)/Jack's Surfboard; Jim Lane, CIM/Huntington LLC; and the Downtown Proiect,The Strand: Citizens Against Redevelopment Excess, etc., et. al vs. City of Huntington Beach, etc., et. al (CARES I, II, and III) ( )— 1. City Council and Redevelopment Agency Action: That the City Council and Redevelopment Agency approve, authorize the Mayor and Chairperson to sign, and the . City Clerk and Agency Clerk to attest to the Settlement Agreement and Mutual Release by and among Abdelmuti Development Company, Citizens Against Redevelopment Excess, an unincorporated association, James and Victoria Lane, Ronald and Ann Mase, the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and CIM/Huntington, LLC; and 2. Redevelopment Agency Action: That the Redevelopment Agency approve, authorize the Chairperson to sign, and Agency Clerk to attest to the Fourth Amendment to Owner Participation Agreement by and between the Redevelopment Agency and Abdelmuti Development Company. Submitted by the City Attorney/General Counsel and Economic Development/Deputy Executive Director. Funding Source: RDA (Redevelopment Agency) Cap Project Area/Administration City Attorney- $100,000. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 3, 2003 To: Honorable Mayor and City Council co From: Connie Brockway, City Clerk (City Council) - Approve Elected City Clerk's Request for Payment for Legal Counsel Statement of Issue: The City Charter provides that a city official shall be represented in proceedings in which such officer has been named. The City Attorney (former City Attorney Gail Hutton) would normally have represented the elected City Clerk whose office, at the October 7, 2002 City Council meeting, was charged with violation of the Huntington Beach Municipal Code. As the charge was officially made by the City Administrator's Office, the City Attorney represented the City Administrator. The law that the City Clerk was charged to have violated is: Huntington Beach Municipal Code S. 2.76.070 Use or Threat to Use Political Authority or Influence. Former City Attorney Gail Hutton represented the City Administrator. The City Attorney's Office could not at the same time, represent the City Clerk in the City Clerk's efforts to have the above charge withdrawn. There was a need for submittal to the City Council by the City Administrator's Office of an official document of retraction at the earliest possible Council meeting. This official retraction would serve to absolve the City Clerk of wrongdoing as was charged. As a result, there was a need for the City Clerk to be afforded legal counsel to negotiate on my behalf a retraction with the City Administrator and the City Attorney's Office. The retraction wording had to (continued next page) (Telephone:714-536-5227) Page 2 — Request for Payment for Legal Counsel be found acceptable to the City Administrator and City Attorney in order to enter a joint statement and retraction of the charges into the record at the next possible Council meeting. The attached invoice from the legal counsel representing the City Clerk covers the period October 11, 2002 through November 18, 2002. A review of the invoice reflects the negotiations between former City Attorney Gail Hutton, the city attorney's staff, the City Administrator and the City Clerk's counsel and numerous revisions to the retraction language before it became acceptable to the City Administrator and his legal counsel. Recommended Action: Find that the elected City Clerk was entitled to legal counsel, as was provided to the Office of the City Administrator; and authorize payment of invoices totaling $6775 submitted by City Clerk's legal counsel for assistance to her from October 11, 2002 through November 18, 2002, to negotiate for the removal of the charge of violation of City of Huntington Beach Municipal Code S. 2.76.070 from the official city record. (The withdrawal of the charge was entered into the record of the November 65 2002 City Council meeting minutes.) Attachments: Legal Counsel Invoice — Covering period of October 11, 2002 through November 18, 2002 l r BREON, SHAEFFER & BRYANT, P.L.C. Newport Gateway-Tower II 19800 MacArthur Boulevard, Suite 1070 Irvine,CA 92612 (949)260-0900 San Francisco Office December 05,2002. 225 Bush Street, Suite 1600 San Francisco,CA 94104 (415)439-8855 . Invoice submitted to: Connie Brockway In Reference To: Connie Brockway (#175) Invoice#17683 Professional Services Hrs/Rate Amount 11/1/02. GWS Telephone call from R. Silver regarding agenda description. " 0.10 25.00 250.00/hr GWS Telephone call from client regarding agenda description. 0.20 50.00 250.00/hr GWS Review correspondence from client regarding revised agenda description 0.10 25.00 250.00/hr GWS Correspondence to Ray Silver regarding agenda description. 0.30 75.00 250.00/hr GWS Telephone call from r. Silver regarding agenda revisions ok. 0.10 25.00 250.00/hr GWS Telephone call to client(left message)regarding agenda ok. 0.10 25.00 250.00/hr 11/18/02 GWS Review correspondence from client regarding payment issues,invoicing R. 0.10 25.00 Silver. 250.00/hr For professional services rendered 1.00 $250.00 f BREON, SHAEFFER & BRYANT, P.L.C. Newport Gateway-Tower II 19800 MacArthur Boulevard, Suite 1070 Irvine,CA 92612 (949)260-0900 San Francisco Office November 01,2002 225 Bush Street,Suite 1600 San_Francisco,CA 94104 (415)439-8855 Invoice submitted to: Connie Brockway In Reference To: Connie Brockwav Invoice#17567 Professional Ser%ices Hrs/Rate Amount 10/11/02 GWS Meeting with client-Establish and set up file. 2.60 650.00 250.00/hr GWS Draft Revise and edit final proofread of statement, Organize file Review and 3.00 750.00 study documents. 250.00/hr GWS Correspondence to client regarding statement to Council. 0.30 75.00 250.00/hr GWS Calendar date for presentation. 0.10 25.00 250.00/hr 10/14/02 GWS Office conference with client regarding presentation.Revise and edit 1.47 367.50 statement. 250.00/hr HBS Meeting with Bill Shaeffer regarding research regarding needed on. 0.10 13.50 department creation. 135.00/hr HBS Research regarding process to create a new department;review documents 3.10 418.50 from client. 135.00/hr 10/15/02 HBS Review documents from client regarding past practice of classification 0.70 94.50 specification. 135.00/hr GWS Review correspondence from client regarding personnel commission 0.20 50.00 documents,cover fax letter. 250.00/hr Connie Brockway Page 2 Hrs/Rate Amount 10/15/02 GWS Telephone call from client regarding status. 0.10 25.00 250.00/hr 10/16/02 GWS Draft Joint Statement Review file. 1.00 250.00 250.00/hr GWS. Review correspondence from client regarding revised statement. 0.10 25.00 250.00/hr GWS Telephone call from client regarding email statement. 0.10 25.00 250.00/hr GWS 'Review and study additional documents from client documents and council. 0.30 75.00 250.00/hr GWS Review correspondence from client regarding statement to council. 0.20 50.00 250.00/hr GWS Review correspondence from client City Attorney opinion letters. 0.30 75.00 250.00/hr GWS Telephone call from client regarding City Attorney opinion letters 0.20 50.00 presentation. 250.00/hr GWS Review file.Preparation for meeting. 0.10 25.00 250.00/hr GWS Travel to:Huntington Beach and return. 1.0.0 250.00 250.00/hr.. GWS Meeting with client,attend meeting of Community,City Council and City 2.00 500.06 staff. 250.00/hr GWS Telephone call to client(left message)regarding status of letter to R.Silver. 0.10 25.00 250.00/hr 10/17/02 GWS Review file draft.Revise and edit final proofread of Joint Statement. 0.80 200.00 250.00/hr GWS Correspondence to R. Silver regarding Joint Statement(draft) 0.20 50.00 250.00/hr GWS Correspondence to client(fax cover sheet)regarding proposed Joint 0.10 25.00 Statement and Silver letter. 250.00/hr 10/18/02 GWS Review correspondence from client multiple drafts of Joint Statement. 0.30 75.00 250.00/hr GWS Telephone.call to client regarding changes to Joint Statement draft. 0.10 25.00 250.00/hr Connie Brockway Page 3 Hrs/Rate Amount 10/18/02 GWS Draft Revise and edit final proofread of Joint Statement(final). 0.30 75.00 250.00/hr GWS Telephone call to client Connie regarding final statement,agenda 0.10 25.00 description. 250.00/hr GWS Telephone call to R. Silver(voice mail)regarding Joint statement.. 0.10 25.00 250.00/hr GWS Draft Revise and edit proofread cover letter to R. Silver,Joint Statement. 0.20 50.00 250.00/hr GWS Telephone call from R. Silver regarding revised statement. 0.10 . 25.00 250.00/hr GWS Review and study R. Silver revised statement. Correspondence to client 0.30 75.00 regarding R. Silver changes to statement. 250.00/hr GWS Review correspondence from client regarding objections to revisions. 0.10 25.00 250.00/hr GWS Revise and edit Joint Statement to reflect R. Silver and correspondence to 0.20 50.00 Brockway comments,fax to client. 250.00/hr 10/21/02 GWS Multiple telephone calls to client;telephone call from client regarding status 1.50 375.00 of statement.Review correspondence from client;multiple revisions to 250.00/hr statement. Correspondence to Silver regarding no Joint Statement..Draft fax cover sheet for client regarding Silver's statement. ( HBS Review and sign letter to Ray Silver. 0.10 13.50 t 135.00/hr 10/22/02 GWS Organize file Review correspondence from client email(10/21)regarding 0.10 25.00 reply on 10/22. 250.00/hr 10/23/02 GWS Review correspondence from client revised statement for record,cover 0.20 50.00 letter. 250.00/hr GWS Telephone call to client regarding final statement agenda description options. 0.50 125.00 250.00/hr GWS Review file,Correspondence to client regarding revised letter and agenda 0.30 75.00 item. Draft agenda item,draft cover letter to R.Silver. 250.00/hr GWS Revise and edit final proofread of state and cover letter to R. Silver. 0.10 25.00 250.00/hr 10/25/02 GWS Telephone call from City Attorney Delasandro regarding status, statement 0.10 25.00 for record. 250.00/hr GWS Telephone call to client regarding status change to letter(2x) 0.20 50.00 250.00/hr Connie Brockway Page 4 Hrs/Rate Amount 10/25/02 GWS Revise and edit cover letter to R. Silver,report Telephone call from client 0.20 50.00 regarding changes. 250.00/hr 10/28/02 GWS Telephone call to client regarding new matter. Establish and set up file. 0.40 100.00 250.00/hr GWS Telephone call from D'Alessandro regarding status. 0.10 25.00 250.00/hr GWS Review correspondence from client regarding response to phone message. 0.10 25.00 250.00/hr GWS Review and study revisions to report. 0.20 50.00 250.00/hr GWS Review correspondence from client regarding 25 pages from R. Silver to 0.20 50.00 City council. 250.00/hr GWS Telephone call from client regarding status,statement ok R.Silver agenda 0.20 50.00 items,attorney fees. 250.00/hr GWS Research attorney fee report.City Charter. 0.20 50.00 250.00/hr 10/29/02 HBS Office conference with Bill Shaeffer regarding conversation with City 0.30 NO CHARGE Attorney and City Administrator. 135.00/hr GWS Review correspondence from client email regarding changes to report 0.10 25.00 250.00/hr GWS Telephone call to client regarding changes to report. 0.20 50.00 250.00/hr GWS Telephone call from R. Silver,G.Hutton,P.d'assandro regarding status 0.40 100.00 report. 250.00/hr 10/30/02 GWS Review correspondence from client email regarding report change. 0.10 25.00 250.00/hr GWS Telephone call from client regarding status report ok,attorney fee claim 0.50 125.00 250.00/hr GWS Revise and edit final proofread of final report of 10/16/02 meeting. 0.20 50.00 250.00/hr GWS Correspondence to.R. SIlver regarding status report. 0.30 75.00 250.00/hr 10/31/02 GWS Review correspondence from client e-mails-(multiple),comments 0.20 50.00 250.00/hr Connie Brockway Page 5 Irs[Rat Amount 10/31/02 GWS Telephone call from R.Snver message,telephone call to R. Silver(left 0.10 25.00 message) 250.00/lir GWS Telephone call from R. Silver regarding status, additional comments for 0.20 50.00 report.. 250.00/hr 'GWS Telephone call from Correspondence to regarding status,additional 0.50 125.00 comments for report. 250.00/hr GWS Draft revised report.Correspondence to R.Silver regarding reivsed report. 0.30 75.00 250.00/hr For professional services rendered 28.07 $6,482.50 Additional Costs 10/11/02 Photocopies 2.20 Miscellaneous documents- 11 pgs. Fax 2.25 Fax Presentation to Connie-3 pgs. Fax 3.75 Fax letter to Connie Brockway-5 pgs. 10/17/02 Fax _ 4.50 Fax letter to Connie Brockway-.6 pgs.. 10/18/02 Photocopies 1.60 Letter to Ray Silver-8 Fax 3.75 Fax letter to Ray Silver-5 pgs. Fax 3.00 Fax letter to Connie Brockway-4 pgs. Fax 2.25 Fax Joint Statement to Connie Brockway-3 Fax 2.25 Fax letter and Joint Statement.-3 pgs. 10/21/02 Photocopies 0.40 Letter to Ray Silver-2 Fax 1.50 Fax Joint Statement-2 Fax 1.50 Fax letter to Ray Silver-2 pgs. 3 Connie Brockway Page 6 Amount 10/25/02 Fax 3.75 Fax letter to Connie Brockway-5 pgs. Fax 3.00 Fax letter to Ray Silver- 4 pgs. Photocopies 0.60 Letter to Ray Silver-3 10/30/02 Fax 3.00 Fax letter to Ray Silver-4 pgs. 10/31/02 Fax 2.25 Fax letter to Ray Silver-3 pgs. Photocopies 1.20 Letter to Ray Silver-6 pgs. Total costs $42.75 Total amount of this bill $6,525.25 BALANCE DUE $6,525.25 2.76.050-2.76.090 Huntington Beach Municipal Code 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) 1/94 10/18/ZOUZ f-h 1 11 z I rAA E r 0 BREON, SHAEFFER & BRYANT C, rti 0F : A Professional Law Corporation A CCA Newport Gateway-Tower I 19800 MacArthur Boulevard, Suite 1070 FD 18 Irvine) CA '92612 Telephone (949) 260-0900 Fax (949) 260-0901 TELECOPY COVER SHEET THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESS,AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR,PLEASE NOTIFY US IMMEDIA TEL Y BY TELEPHONE SO THAT WEMAYARRANGE TO RETRIEVE THIS TRANSMISSION AT NO COST TO YOU. THANK YOU. TO: Ray Silver, City Administrator I GolnYWA.t C,*,17a, OF. City of Huntington Beach Nce-ruo'l) FROM: George W. Shaeffer, Jr. 2-131 1 3 1)i, f" DATE: October 18, 2002 FAX#: (714) 536-5233 ca)"C' M Feb TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET. S CLIENT NAME: Connie Brockway MATTER NAME. 175 DOCUMENTS BEING TRANSMITTED:Letterdated October 18,2002 andJoint Statement TIME: 11:30 p.m. MESSAGE: Original will not follow. X Original will follow by: GKJS Mail El Federal Express 0 Other SHOULD YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL (949) 260-0900 AND ASK FOR BRANDY NELSON, OCT-le-2002 11: 19 9492600301 97% P.01 lu/16/Zuuz rxi 11:tt rAA y4 JZOVvyul Dnnuiv,jnAzrrLA 6: DruAiN1 LB:Iuut ` BREON SHAEFFER tci BRYANT A P R O F E S S I O N A L L A W C O R P O R A T I O N NEWPORT GATEWAY - TOWER I 19800 MAC ARTHUR BOULEVARD, SUITE 1070 KEITH V. BREON IRVINE, CALIFORNIA 92612 SAN FRANCISCO OFFICE GEORGE W. SHAEFFER, JR. TELEPHONE (949) 260-0900 225 BUSH STREET, STE. 1600 GUY A. BRYANT FACSIMILE (949) 260.0901 SAN FRANCISCO, CA 94104 HEATHER B. SCHECK TELEPHONE (a15) A39-8855 JILL HUNT October 18, 2002 FACSIMILE (415) 439-8845 OF COUNSEL KENNETH S. BAYER VIA FAX & X L (714) 536-5233 Ray Silver City Administrator City of Huntington Beach 2000 Main Strcct HLuitington Beach, CA 92648 Re: Presentation to City Council #175 v Dcar Ray: Please find enclosed a proposed Joint Statement which Connie.recommends to resolve the present issue. We request that you agendize the Joint Statement as an agenda itern for the October 21, 2002 City Council meeting. Please call me if you have any proposed modifications you desire be made to the Joint Statement. We propose that you read the Statement at the next City Council meeting on October 21, 2002 and include the document as a public record attached to the City Council Minutes. Very truly yours, GE RGE SHA ER, JR. Attorney at Law GWS./bjn Enclosure cc: Connie Brockway, City Clerk 175.SIhvcr 001.upd OCT—le-2002 11:19 9492600931 97% P.02 1u/1b/zuuz rNi ll:zz rA.,, y4azouumul DnLV1v,Jn�crrLr o Dt�inivi �v JOINT STATEMENT BETWEEN RAY SILVER, CITY ADMINISTRATOR AND CONNIE BROCKWAY, CITY CLERK The City Administrator and the City Clerk have met and we have agreed to a Joint Statement regarding an honest disagreement over the process to create a new department head classification for the City. I (Ray Silver) apologize for my comments stating the City Clerk's action to place a matter on the agenda concerning the process to create a new department head position violates the municipal code s. 2.76.070 - use or threat to use political authority or influence. I now recognize and understand the City Clerk's concern regarding the lack of a job description for the position and action by the Personnel Commission, and forwarding to the City Council for adoption by Resolution prior to the recruitment for a new Department Head. The City Clerk has the responsibility under the Charter to maintain books recording all resolutions. I understand the City Clerk's concern regarding the lack of a City Council resolution to create a Department Head position because the last department head position created was on February 16, 1999 when the City Council adopted Resolution 99- 10 amending the City classification plan to add the new department head classification of Director or Organizational Development. Resolution 99-10 was prepared by the City Attomey. It was adopted by the City Council, and it was executed by the City Attorney, the Mayor,myself as the City /o/,y/a.3 � �� N OCT-19-2002 11:19 9492600901 97% P.03 1U/10/LVVL I'Ai 11 uA%-IA.J 4-AA -tw Administrator and the City Clerk. Although the City was not required to follow the Resolution process to create that Department Head position in 1999 - the Director of Organizational Development- I understand the question posed by the City Clerk: Why did the City follow one process to create that department head position in 1999, and follow another process to create the Information Services Department Head position. The simple answer is the City has not followed a consistent practice in the past in creating class specifications or recruiting for Department Heads, and we are taking the necessary steps to correct the inconsistency identified by the City Clerk. A meeting was held on October 161 2002 as directed by the City Council. Following clarification by the City Attorney, the City Clerk now understands that since 1993,pursuant to a city ordinance, and in conformance with the City Charter, department head positions are exempt from the city personnel system. As such, the City Charter does not require that new department head classifications and job descriptions be crented, processed through the Personnel Commission, and transmitted to the City Council to adopt by Resolution. The City Clerk, the City Administrator, representatives of the Personnel Commission, representatives of the City Council, and the City Attorney have worked together to develop a policy which will be presented to the City Council for approval. tor") 2 OCT-le-2002 11: 19 9492600901 97% P.04 lU/10/LVUL rnl 11.L4 rriil 0404VVUaUI vrzviN,onrir,rrzix o: Di\.Lzu41 UV.J s Pursuant to Municipal Code § 2.72.070, the Personnel Commission has the power to act in an advisory capacity to the City Council and the City Administrator on personnel administration. Based on the general rule and experience of the Personnel Commission with regard to class specification and related personnel issues, the Personnel Conwiission will consider proposed classification specifications for new department head positions, and render comments, suggestions, or recommendations to the City Council and City Administrator for their consideration. The City Council and the City Administrator will ultimately decide on the class specifications for new department head positions. The appointment and retention of department heads wi II continue to be governed by Charter §§ 401(a) and 403, if applicable. The City Administrator and the City Clerk will continue to work with the City Council in their combined efforts to improve the overall quality of municipal service to the citizens of Huntington Beach. A copy of this Joint Statement of the City Administrator and City Clerk shall be attached to the official minutes of this Council meeting. Thank you. C:�My DocumcntsTrockway\JointStatement.doc r of Ct 6LTeD S, (v�, 3 OCT-18-2002 11:19 9492600901 97% P.05 ' 1u/1o/zuu:: rni io.00 Ann �,... .. BREON, SHAEFFER & BRYANT A Professional Law Corporation Newport Gateway-Tower I .19800 MacArthur Boulevard, Suite 1070 Irvine, CA 92612 Telephone (949) 260-0900 Fax (949) 260-0901 TELECOPY COVER SHEET THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESS, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE SO THAT WE MAYARRANGE TO RETRIEVE THIS TRANSMISSION AT NO COST TO YOU. THANK YOU. TO: Ray Silver, City Administrator OF. City of Huntington Beach FROM: George W. Shaeffer, Jr. DATE: October 18, 2002 FAX#: (714) 536-5233 TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: CLIENT NAME: Connie Brockway MATTER NAME: 175 DOCUMENTS BEING TRANSMITTED: Joint Statement TIME: 4:30 p.m. MESSAGE: Original will not follow. X Original will follow by: ❑ US Mail ❑Federal Express ❑ Other SHOULD YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL (949) 260-0900 AND ASK FOR BRANDY NELSON. nnT .n -nn. ♦�.-c Oi1O"�G(.iGiQG11 �7'/. P.01 CITY CLERK ' 1` /1812002, 15:36 7143741557 2 002 - - -. .. ,� .�- ••na o:ur' 'v,Vl AlcrUlV,�tuhr•rrx l312YANT JOINT STATEMENT BETWEEN RAY SILVER, CITY ADMINI TOR AND CONNIE BROCKWAY,CITY CI.ERK The City Administrator and the City Clerk have met and we have agreed to a Joint Staternent regarding an honest disagreement over the proc s io create a new departrnent head classification for the City. I (Ray Silver) apologize for any offense taken by the City Clerk on my allegariou of her violating Municipal Co c 3 2.76.070 -use or throat to - use political authority or influence. I now recognize and understand the City CIeik's c ncem regarding the lack of a job description for the position and wtion by the personnq Commission and forwarding to the City Council for adoption by Resolution prior t the recruitment for a new Department Bead. The City Clerk has the responsibility inder the Chatter to maintain books recording all resolutions. I understand the City Clerk's concern regarding the lack of a separate City _ Council Resolution— independent of a burlgct resolution - to create a Department Head position because the last department head position created was on February 16, 1999 wbcn the City Council adopted Resolution 99-10 arncnding the City classification plan to add the new department head classification of Director or Orgazizational Development. Resolution 99-10 was prepared by the City Attome . It was adopted by the City Council, and it was ex-cuted by the City Attorney, theMayor, myself as the City Administrator and the City Clerk Although the City was not required to follow the Resolution process to orate that Department Hmad posi ' n in 1999 - the Director of Orgaaizational Development - I understand the question p sed by the City CIcrk: Why did the City follow one process to create that d.epart:uen head position in 1999, and follow another process to create the 1nfcrmation Services Dt psrtment Head position. The simple answer is the City has not followed a co intent practice in t}•,e past in orating class specifications or recruiting for Department ends, and we are taking the necessary steps to correct the incomristency identified by the City Clerk. A meeting was held on October 16, 2002 as d• ectcd by the City Council. Following clarification by the City Attorney, the City Cie r now understands that since 1993,pursuant to a city ordinance, and in conformancc -witl the City Charter, department head positions are exempt from the city personnel system such, the City Charter does not require that new department head classifications and job descriptions be created, processed through the Personnel Commission, and rransirAted to the City Council to adopt by Resolution. \\DMdy\(Axy DwvT�cl��Dnukr+ayVanSUunlultdoo 1 OCT—le-2002 16:35 5492620901 97X P•02 rO/18/2002 FRI 16:39 FA.T 9,192600901 BREON.SHAEFFER & BRYANT U 003 —10%18/20A2_ 15:36 7143741 CITY CLERK PAGE 04 _ _... ,..�. .•nA o+b_ Uuut 33xhUN,SHAEFFER ILB1; ..r Q003 �Ll1 The City Clerk, the City Administrator, r entatives of the Personnel Commission, rcpresentatives of the City Council, and th City Attorney ve rketl� together to develop a policy which will be presented to the ry Council for xpprovaL pursuant to Municipal Code § 2.72.070, the Per el Commission has the power to act in an advisory capacity to the City Council and the City Administrator on personnel administration. Based on the general rule and experience of the Personnel Commission with regard to class specificatiou and related personnel issues, a Personnel Commission will consider proposed classification specifications for new d artment head position, and render comments, suggestions, or recommendations to the City Council and City Administrator for their consideration. The City Council And the City Administrator under their authority stated in the C;iy Charter and Municipal Code,.will ultimately decide on the class specifications for new department head positions. The appointment and retention of departrnent heads will continue to be govemed by Charter §§ 401(a) and 403, if applicable. The City Administrator and the City Clerk will co tinue to work with the City Council in their combined efforts to improve the overall q' ality of municipal service to the citizens of Huntington Beach We both recognize the express authority and diyisidn of powers contained in the City Charter and Municipal Code. A copy of. this Joint Statement of the City Admini gyrator ajad City Clerk shall be attached to the official minutes of this Council meeting. Thank you. Dr'0* y %\Rrsndyk:\My aocvurnL,:\SrociwtyUanLSME=x ttdoc 2 *************** -COMM. JRNAL- ******************* DATE OCT-21-20E *** TIME 08:02 > ** i MODE = MEMORY TRANSMISSION START=OCT-21 08:01 END=OCT-21 08=02 FILE NO.=304 STN NO. COMM. ABBR NO. STATION NAME/TEL NO. PAGES DURATION 001 OK 919492600901 002/002 00:00:45 -CITY OF HUNTINGTON BEACH - -ADM I N I STRAT I ON - - 714 536 5233- ***** CITY OF HUNTINGTON BEACH City Council / Administration Phone(714)536-5553 Fox(714)536-5233 FAX NUMBER: Syr) s o-oyni NUMBER OF PAGES: -2 DATE:_. /01.-)41�200 TIME: P;/c2 FROM: TELEPHONE: ( 7i�� '��7 r- COMMENTS: 'r JOINT STATEMENT BY THE RAY SILVER, CITY ADNIINISTRATO AND CONNIE BROCKWAY, CITY CLERK, MONDAY, OCTOBER, 21,2002 Mayor Debbie Cook, City Clerk Connie Brockway, City Attorney Gail Hutton, City Administrator Ray Silver and other representatives of the Personnel.Commission and staff met. Ray Silver and Connie Brockway have agreed to the following statement. Ray.Silver apologies for any personal-offense taken by Connie Brockway based upon his memo of October 7, 2002 relative to the allegation of the City Clerk violating Municipal Code Section 2.76.070. Connie Brockway apologies for any offense taken by Ray Silver for placing items on the agenda contrary to the Agenda Manual process and issues within. the purview of the City Administrator as outlined in the City Charter and the Municipal Code. It is understood that the department heads positions are exempted from the Competitive Service and the Personnel Commission. However, City Administration will prepare and propose an RCA to Council that will request the Personnel Commission, in its advisory role to the City Administrator, to review and comment on the Classification Specifications for department head positions exempt from the Competitive Service. This will assure that the past inconsistency in the bringing of these through a standard process will not occur. The City Council, City Clerk and City Administrator will continue to work to improve the process to follow the municipal code. They will also be cognizant and respectful for the separation of authority outlined in the City Charter and Municipal Code of their respective roles. Pr la.� F r-efal"01) P_/1'-1 cyr o b CITY OF HUNTINGTON BEACH Inter-Department Communication To: Honorable Mayor Boardman and Members of the City Council From: Jennifer McGrath, City Attorney Date: February 3, 2003 Subject: City Council Meeting of February 3, 2003, Agenda Item F-1 Late Communication Regarding Payment for Private Legal Counsel This matter arises out of a dispute between the City Clerk and the City Administrator regarding the process for the selection of the new Information Systems Director. During the course of that disagreement, the City Administrator made a statement about the City Clerk that she desired to be retracted. She hired private legal counsel to assist her to negotiate the retraction. She has now requested that the City pay the bill submitted by her private legal counsel. The City Attorney's Office recommends against paying this demand for the reasons set forth below. 1. Charter duties of.the City Attorney The City Clerk states in her February 3rd memo supporting Item F-1 that the Charter provides a city official "shall be represented in proceedings in which such officer has been named." The memo then states that the City Attorney had "represented the City Administrator," and consequently could not represent the City Clerk. To the contrary, Section 309 of the City Charter only authorizes, and does not require City officers be represented: The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or 1 PDA:03 memos:Private Legal Counsel - s all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. . . . As set forth in the Charter, the City Attorney provides legal advice to the City as a whole, and renders legal opinions for the City on all its legal issues. When actual judicial or administrative proceedings are pending, the City Attorney is charged with the representation and defense of the City as well as officers and employees. As is explained below, in almost all circumstances, representation is joint. Separate counsel is rarely provided, and this case is not one of those circumstances. 2. Legal Representation of Officials and Employees a. Civil actions or claims. The vast majority of legal representation provided by the City to its officials and employees occurs when such individuals are named as defendants in civil actions or claims based upon actions that occurred during the course and scope of their employment. California Government Code Section 995 requires that the City defend its . officers and employees. However, the City does not represent its employees or officials when they pursue their own claims, even where they may arise out of the course and scope of their employment.' Generally, when an individual employee or official is identified in such a claim or complaint, the City Attorney jointly represents the City and the officers and employees through a single attorney. If the City Attorney determines there is a conflict of interest between the employees, separate counsel may be appointed. However, if despite the employee's claim otherwise, the City Attorney determines there is no conflict, then the individual defendant may retain his or her own attorney at their own expense.2 b. Personnel Proceedings. Both disciplinary and non-disciplinary disputes commonly arise between management and officers and employees. For example, management may impose discipline upon an employee. The employee may then"grieve" the discipline to the Personnel Commission. While the City Attorney represents management in these proceedings, in For example, employees involved in on-duty traffic accidents may sue the other driver, but the City never pursues such claims on behalf of the employee. 2 The City recently clearly established this principle in City of Huntington Beach v. Petersen Law Firm, 95 Cal.AppAth 562 (2002) 2 PDA:03 memos:Private Legal Counsel i no circumstance does the City Attorney defend the employee. Instead, the employee retains his own attorney at his own expense. b. Criminal Proceedinqs. Occasionally a City official or employee may be the subject of criminal proceedings for actions that arise out of the performance of their official duties. For instance, the recent grand jury investigation related to the maintenance of the City's sewer system. Although the District Attorney was investigating the actions of individuals, the City Council had made an earlier decision to not provide funding for immediate sewer repair. Based in part on this fact, the City Council made findings pursuant to Government Code Section 995.8 to provide separate representation to the employees. 3. The City Clerk's Claim For Payment Of Her Attorney's Fees. This matter arose out of the decision of the City Clerk to place on the City Council Agenda of October 7, 2003 Agenda Item F-1 regarding alleged improper procedure regarding the position of Information Services Director. (See memorandum from City Clerk to City Council dated September 24, 2002 and Request for City Council Action dated October 7, 2002, copies attached hereto.) At no time did the City Clerk inquire of the City Attorney's Office regarding this issue, although the standard protocol would have been to contact the City Attorney for a legal opinion. Later, when asked by the City Administrator, this office provided the City with a legal opinion regarding the manner of selection of the Information Systems Director. (See attached legal opinion dated October 16, 2002.) If the City Clerk had inquired of the City Attorney, then the issue would have been resolved without the need of a City Council Agenda Item or the use of a personal attorney by the City Clerk to negotiate the retraction of the City Administrator's statement. The City Clerk indicates that her demand for payment of her personal attorney's fees is based on the need to negotiate the retraction of a perceived charge of wrongdoing set forth against her in a memorandum from Ray Silver to the City Council on October 7, 2002. However, the statement of opinion by the City Administrator in the memorandum itself did not trigger any criminal or civil liability on behalf of the City Clerk, nor is it a "civil action or proceeding" that would require representation by this Office. Essentially, by hiring a private attorney to negotiate a retraction of the City Administrator's statement, at most, the City Clerk was "defending" a personnel action. Just as no other employee is entitled to a City-paid attorney when disciplined for misconduct, the City Clerk is not entitled to a City-paid attorney in this circumstance. Alternatively, the facts alleged by the City Clerk may support a private defamation proceeding adverse to the City Administrator. The City does not represent, or pay for private attorneys to represent its employees or officials when they act as a plaintiff in the pursuit of their own claims, especially when those claims are against the City itself, or the City's officials or employees. 3 31t is both premature and beyond the scope of this analysis to discuss the potential merits of any case or to determine whether the City Administrator would have been entitled to a defense provided by the City. 3 PDA:03 memos:Private Legal Counsel 1 4. Gift of public funds The California constitution prohibits gifts of public funds. Cal. Const. art. XVI, § 6. For example, an appropriation to pay a street contractor that rests on moral but not legal grounds is a gift of public funds and invalid. Conlin v. Board of Supervisors of the City and County of San Francisco, 99 Cal. 17, 33 P. 753 (1893), 114 Cal. 404, 46 P. 279 (1896). In determining whether an appropriation of public funds or property is to be considered a gift, the two primary questions are whether the funds are to be used for a "public" or a "private" purpose and whether these are to be used for a public purpose of the agency making the expenditure. If they are for a "public" purpose of the city making the expenditure, they are not a gift within the meaning of section 6, article XVI of the constitution. County of Alameda v. Janssen, 16 Cal. 2d. 276, 106 P.2d 11 (1940). The determination of what constitutes a "public" purpose is primarily a matter for the legislature and its discretion will not be disturbed by the courts so long as the determination has a reasonable basis. Board of Supervisors of City and County of San Francisco v. Dolan, 45 Cal. App. 3d 237, 119 Cal. Rptr. 347 (1975). In the present situation, the City Clerk entered into a private agreement with her personal attorney for the pursuit of a private claim. As stated in the Clerk's February 3, 2003 communication to the City Council, the purpose of her private legal representation was to negotiate the retraction of a statement made by the City Administrator. This is not a valid public purpose for the payment of public funds. 5. Conclusion Although City officials and employees are generally entitled to legal representation by the City Attorney for matters within their course and scope of employment, the City is not obligated to pay for private attorneys hired by individual officials or employees to pursue their own claims. Nor is the City obligated to pay for an individual's private legal counsel when it perceives the individual in question was acting outside the course and scope of his or her employment. It is even more inappropriate for the City to pay for such counsel when the claim in question is being pursued against another City official or employee who may potentially be entitled to a defense provided by the City regarding such a claim. The City incurs enough expense paying for the defense of itself, and its officials and employees; it certainly is not required to pay for the pursuit of private claims that are adverse to itself, or its officials or employees. Defense of an individual defendant requires a fact-intensive analysis based on the issues raised in a complaint. A complaint has not been filed in this case. 4 PDA:03 memos:Private Legal Counsel Finally, the bill in question is even less appropriate for payment by the City because this dispute could easily have been resolved, had the City Attorney's opinion been sought prior to the retention of private legal counsel. JENNIFER McGRATH City Attorney c: City Clerk City Administrator Attachments: 1. 9/24/02 memorandum from City Clerk 2. 10/7/02 Request for Council Action 3. City Attorney legal opinion dated 10/16/02 i 5 PDA:03 memos:Private Legal Counsel ATTACHMENT NO . 1 CITY OF .HUNTINGTOP BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY . CITY CLERK DATE: September 24, 2002 TO: Honorable Mayor and Councilmembers City of Huntington Beach SUBJECT: Request from.the City Clerk that the City Council take Steps to Ensure Compliance with the City Charter, City Council Resolution No. 3960, and HBMC Chapter 2.72 Relative to Amendments to the City Classification Plan As City Clerk, one of the mandated duties of my office is to keep all books and records properly indexed and open to the public for inspection. Among the many important City .records in the Clerk's Office is.the City's Classification Plan and all amendments to the Classification Plan. (Classification Plan of City Personnel.) During the past year I have had discussions with the City Administrator and the staff he refers me to regarding my concern over the importance and requirement that the creation of new classifications of employment or modifications to classifications must proceed through the process set forth in City Council Resolution No. 3960. This resolution and the Huntington Beach Municipal Code administer the City Personnel System created by the City Charter. This process is required in order to create a new position (classification) such as adding a new Department Head classification to the City # Classification Plan. The proposed classification must proceed through the Personnel Commission. Following their study and review of the proposed position, the Personnel Commission makes recommendation to the City Council. During their public hearing, the Personnel Commission reviews the proposed Minimum Qualifications, Examples of Essential Duties, Educational Requirements, and Experience. Upon completion of this required process, the new classification (position) is forwarded to the City Council to reject, modify or approve the Personnel Commission's recommendation. Two weeks ago I noticed an advertisement in a magazine for an Information Systems Director (Department Head) for the City of Huntington Beach with September 27, 2002 as the final filing date for applicants, As the Clerk's Office has historically reminded Administration that Classification Plan Amendments have to go to Council, I voiced my concern to the City Administrator and the Assistant City Administrator that the City Council rules for the administration of the Personnel System were not being followed. The Information Systems Director Department Head classification I saw advertised had never been: y 1 Memo to Honorable Mayo, _lid City Councilmembers Subject: City Council Resolution No. 3960 Relative to City Classification Amendments Page 2 September 24, 2002 (1) Submitted by the Administrative Services Department to the City Personnel Commission for their review, public hearing and approval, and then (2) Submitted by the Personnel Commission (through staff) to the City Council-for approval by Resolution. I knew this as the City Clerk's Office prepares the City Council Agenda and the Resolution adopting the classification is not in the City Clerk's Office records. On September 18, 2002, 1 received a reply by voice message from the Assistant City Administrator and the newly hired Human Resources Manager telling me that the process had been done correctly as the City Council had approved the job title and salary range code in the budget as a line item. I was informed that the recruitment would still close on September 27. I left a return message that their planned procedure did not adhere to the City Personnel Resolution nor the section of the Charter requiring the City to maintain a City Classification Plan. There was not a City Council Resolution approving an Amendment to the Classification Plan on file in the Office of the City Clerk Office, as the required Personnel Commission review and public hearing had not been done. I attended the Personnel Commission meeting that evening. Under the public comment section of their agenda I advised the Personnel Commission of my concerns as City Clerk-and how' :. this avoidance of rules affected my ability to keep records; that.I had no records to keep as the new Department Head classification was not going to be presented to them until after the advertisement and recruitment had been done and that the recruitment was based on a brochure developed by the executive search firm. After I spoke, administration's staff informed the Personnel Commission that there had been an urgency to recruit an Information Services Director. Yet the magazine in which I saw the recruitment ad by the executive search firm had a deadline to receive ads of July, 2002. The Administrative Services Department by resolution is required to maintain the # Classification Plan and make it available to the public so people can review the classifications in the city in case they would like to apply for a job., This position has never been posted on the "City of Huntington Beach Position Openings" Board located at the entrance to City Hall as is legally required. As City Clerk I am required to maintain the official record of the City Council resolutions adopting Amendments to the City Classification Plan. City Council records are open to the public. I am being obstructed from carrying out my responsibilities. I believe that process and procedure, adherence to the City Charter and City Council resolutions are being dismissed as intrusive and cumbersome, rather than being recognized as allowing all persons interested in city employment an opportunity to apply for positions based on the required review by the Personnel Commission of classification components and the Personnel Commission's subsequent recommended action to Council. Their recommended action is made into a permanent City Council Resolution, which becomes an official permanent record in the Office of the City Clerk. i Memo to Honorable Mayo, and City Councilmembers Subject: City Council Resolution No. 3960 Relative to City Classification Amendments Page 3 September 24, 2002 In this case, if the Clerk's Office is requested to provide copies of the required Personnel Commission action,.City Council resolution and minutes reflecting the . Classification Plan Amendment, the City Clerk's Office will not be able to do so:. Administrative Services has extended application deadlines before and there is no reason it cannot be done again to allow time to adhere to the law. The City Personnel Commission's review and recommendation process to Council is critical to the continuance and maintenance of the integrity of our City Personnel System. My concerns are based on established City Council adopted rules and regulations and the authority the Council has conferred on the Personnel Commission through Resolution No. 3960 and Huntington Beach Municipal Code Chapter 2.72, in particular S. 2.72.070. ` As the City Clerk, I need City Council's help. I must have the ability to keep records on file that are legally required to be on file. I am writing this letter because I have been told by Administration on different occasions that the City Personnel Classification Plan can be amended and added to through the line item budget process. This must not be allowed to happen. This new Information Services Director position will be critical to the maintenance of all official city records and this is why qualified applicants must be selected through the process set forth in City Council Resolution No. 3960. Following is a Subsection of Huntington Beach Municipal Code 2.72.070— Commission — Functions and Duties. The Personnel Commission shall have the power and be required to: (b) 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. I am requesting that the City Council, pursuant to Section 5.72.070, consider having the Personnel Commission and the City staff meet together during the Personnel Commission meetings so that staff can understand the Personnel Commissions functions, duties, powers and responsibilities and develop an understanding to be followed in City personnel Classification amendments. Sincerely, Connie Brockway, CMC �. City CLerk Attachments: 1. Huntington Beach Municipal Code Chapter 2.72— Personnel Commission. 2. Excerpt from City Council Resolution No. 3960— Section 12-4. ti Memo to Honorable Mayo, _nd City Councilmembers Subject: City Council Resolution No. 3960 Relative to City Classification Amendments Page 4 September 24, 2002 = 3. Resolution No. 97-89—A sample resolution showing proper procedure to be followed. 4. Ad published in Western Cities Magazine by executive search team. Cc: Members of the City Personnel Commission Ray Silver, City Administrator William Workman, Assistant City Administrator a 2.72.070-2.72.110(c) Huntington Beach Municipal Code 2.72. 070 Commission--Functions and duties The Personnel Commission shall have the power and be required to: 71 (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration; . (b) Make any investigation'*bpon request of the City Council concerning the administration of the personnel system and report its findings to the City Council and City Administrator; (c) Hear appeals on grievance matters for final decision except for such matters as may be submitted to final and binding arbitration; (d) Hear appeals from industrial disability retirement determinations made by the Administrative Services Chief; (e) Hear appeals from decisions of the Administrative Services Chief made pursuant to the employer-employee relations resolution; - - (f) Determine hearing procedures and select hearing officers and advisory arbitrators for hearings; (g) Review impasse matters as provided in the employer employee relations resolution; (h) Review charges alleging discrimination brought by employees or applicants for employment; and (i) Perform such other personnel duties and functions as may-be prescribed by ordinance or resolution. (1225-8166.1842-6171,2377-7/7g,2464-12/80) Huntington Beach Municipal Code 2.72.010-2.72.065 Chapter 2.72 PERSONNEL SYSTEM (1225-8/66,1642-6(71,2058-6n6, 2377-7/79,2464-12/80,2665-12/83,2926-2/88,3323-5/96) ection : 2.72.010 '.Adopted 2-.72.020 Division created 2.72.030 Repealed,Ord. 2464-12/80 2.72.040 Director--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 2.72.110 Self-insurer's loss and fund account 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 Division created. A personnel division is created and shall be under the supervision and control of the chief of administrative services. (1225-8/66, 1642-6l71,2464-12/80) 2.72.040 Director--Duties. The Administrative Services Chief shall administer the provisions of this code relating to personnel and city employees;the personnel resolution; and the employer- employee relations resolution. He, or his designee, shall 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. He, or his designee, shall serve as secretary to the personnel board. He shall have authority to perform such other duties as may be assigned him by the City Administrator and the personnel board not inconsistent with the city Charter,this chapter and the above-named resolution. (1225-8/66, 1642-6/71,2464-12/80) ; 2.72.050 Commission created. There is hereby created a Personnel Commission to consist of seven (7) members. (1225-8166.2377-7179,2665-12/83) 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. The members thereof shall serve for terms of four(4) years and until their respective successors are appointed and qualified. 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. (1225-8/66, 2377-7r19,2926-2188,3323-5196) 2.72.065 Service limitation. No person shall serve more than two (2) consecutive terms on the Commission. The terms of any persons having already served at least two (2) consecutive terms on the Commission on the effective date of this ordinance shall terminate immediately upon the City Council appointing their successor. (3323-5/96) 2/88 Huntington Beach Municipal Code 2.72.110(d)-2.72.110(g) (c) To pay the costs of workers' compensation claims administration as performed by city staff or by an outside contractor or consultant;- (d) To pay fees for legal services required to minimize workers' compensation costs from prior , insurers and other third parties; (e) To pay personnel costs associated.witli.the temporary replacement.of injured employees; (f) To pay the salaries, fees and expenses of medical and safety consultants and staff, including appropriate city staff personnel and their expenses; (g) To pay any other charges or costs required for the city to satisfy its legal obligations under the state workers' compensation laws; to reduce employee injuries and the employee lost time and suffering associated therewith; and to participate in and pay the dues of organizations which serve the needs of employers obligated to pay workers'compensation benefits. (2058-6ns) } The foregoing kfru rent is a M76d OOpY of tha orfQlnaf on fife in this office. Attest 20 az °CONNIE BROCKWAY cry and -oti ' Clerk of the Council o the Huntington Beach, 2/88 Cagomh. BY Deputy Section 12-4. Excerpt of Resolution No. 3960 12=4. PERSONNEL BOARD. HEARINGS: The .classification ' plan,. or ..any amendment' or revision -thereto, shall". be' recom= mended -to -the- City - Council by. the Personnel Board following' a public hearing thereon before such Board, duly noticed in writing at least ten (10) days prior to such hearing to de- partment heads and recognized employee organizations, and posted on official bulletin boards in the civic center. The City -Council shall either adopt or reject such plan, amendments. or revisions ..thereto; . and if rejected, Council. shall refer such plan; amendments or revisions., back'. o the .Personnel' Board with reasons for rejecti'on;. and 'it t• s recorraneridatiorrs _thereon.. Additional public hearing, or hearings, shall be held- by the Board on such recommendations prior to retransmittal to Council. The Council shall adopt no classification plan, or any amendment or revision thereto, until such plan, amendment or revision has first been the subject natter of a public hearing before the Personnel Board. RESOLUTION NO. 97-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY,OF HUNTIIVGTON BEACH AMENDING THE CLASSIFICATION PLAN TO ADD THE POSITION OF DEPUTY CITY ENGINEER WHEREAS, Personnel Rule 12-4 provides that the City Council is empowered to amend the Classification Plan for City Employees; and The Personnel Board has recommended that the City Council amend the Classification Plan to add the position of Deputy City Engineer; and The Personnel Board has complied with the notice and hearing provisions of Personnel Rule 12-4 pertaining to the holding of a public hearing prior to making its recommendation for amending the Classification Plan to add the position of Deputy City Engineer; and In compliance with Personnel Rule 12-8.budgetary authorization and the::. availability of furids for this new position has been obtained through the reorganization of the Engineering Division of the Department of Public Works. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Classification Plan for City Employees be amended to add the position of Deputy City Engineer, the new class specification for which is attached heretoa as Exhibit.."A". PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th _ ' day of Decembberr) 311997. • OC O/s'a'� l • Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorne 2" REVIEWED AND APPROVED: INI PROVED: City A inistrator Deputy Ci Administr r/ Administrative Servi Res. No. 97-89 STATE.OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-offcio 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 15th day of December, 1997 by the following vote: AYES: . Julien, Harman, Green, Dettloff, Bauer, Garofalo NOES: None ABSENT: None (Sullivan- out of the room) E City Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California i G/reso1utUresbkpg/97-80 ATTACHMENT #2 C IF H N .IN TO CBE • 0:... N BEACH HUN TI GTON EA H TITLE: Deputy City Engineer DATE: .Decembe'r, 1997 DUTIES SUMMARY — Under direction of the City Engineer, is responsible for private development review and water resources engineering and supervises the work of the Engineering Services Section of the Engineering Division of the Public Works Department. DISTINGUISHING CHARACTERISTICS -- This is a single position classification which reports to the City Engineer and is responsible for the processing of private development applications involving subdivision and water resources. It has supervising responsibility over the Principal Civil Engineer assignment to the section and has oversight over the Traffic Engineer for plan check review. EXAMPLES OF ESSENTIAL DUTIES -- Is the primary contact person representing the City Public Works Department with private developers in the community. Manages a staff which .reviews and. prepares all Public Works conditions and permits for private developments within*the City. Plans, assigns', .superv'ises and performs professional engineering work in the design, construction and improvement of sewer, drainage facilities and other Public Works projects. Assists the City Engineer in evaluating, developing, planning and scheduling long range water resources related Public Works Programs. Resolves problems of design, materials and processes in connection with new construction or major repair of water resources facilities. Develops engineering budgets and prepares various regular and special reports relating to subdivision, sewer and drainage facilities. Attends Planning Commission meetings and other meetings with. various civic and governmental agencies. Coordinates activities of engineering consultants contracted for support of Public Works projects. Confers with supervisors and various public groups on proposed developments, projects and improvements. Performs the duties of City Engineer in the absence of the City Engineer. Performs additional duties as assigned. The preceding duties have been provided as examples of.the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Knowledge of: Principles. and practices_ of civil engineering as related to the variety of projects in Public Works Engineering, survey and inspection methods, practices and techniques, construction and materials and approved safety standards as related to structural design, specifications and inspection. - ,n,r-,n-7 o.,o e nn C F.HUNTING:TON.:B:EA:::.:H:;:.;:.:.:.;:.;:.;::.::::::.:<.;::::..•.::..... FOB ............... .........:............ A .I HUNnN T G ON BEACH TITLE: Deputy City Engineer • DATE: December, 1997 Ability to: Plan, organize and supervise employees engaged in professional engineering and related technical work; adapt approved engineering methods and standards to the design and construction of a variety of Public Works projects; communicate effectively both verbally and in writing; establish and maintain effective working relationships. Education! Requires a degree in Civil Engineering. Experience: Five (5) years of experience in supervising engineering and related o0erations of municipal public.works programs. License: Professional Engineer's license from the State of California. Valid California Driver License. PHYSICAL. TASKS AND ENVIRONMENTAL CONDITIONS -- See' Physical .task' ' questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. The kxogoing Instrument Is a cocrcct copy of the origl al on fAe in this office. Attest 20 r/a CO NIE BROCKWAY C4ty Ciark aod Ex-ctficloof the Cky Council of the City of Hurfh-rgton Beach, Caltifomla. By �Deputy 0025977.01/Catalog Reference Pg.69 2 of 2 1215/97 9:19 AM Tbe State!Point of Kew, contintied from page 21 adgmented funding for local housing • The Joe Serna Jr. Farmw•orker Housing These programs received$430 million and economic development needs, Granc and Loan Program-. in one-time funding when scare revenues including: permitted in 2000-01.Gov.Davis also • The Central Valley-Infrastructure signed SB 1221(Burton),a$2.1-billion The CalHomc program offering down Grant:Program;and housing bond for the November 2002 . payinenr assistance; The Code Enforcemenc'In_cericive ballot:If passed,the bond proceeds, • The Multifamily Housing Program for Program. will fund the above programs and others rental housing; at historic levels, resulting in the creation of more than 135,000 units of afford- able housing. Fourth,we are inccgracing housing and support services through cooperation between the departments of Mental Process Manager, Sacramento, CA Health and Developmental Services in administering housing and support The City of Sccrcmento(population 426,000),Cclifom;a's cop;tal city and the culturcl,educecn01, business and governmental center of a four-ccur,>y metroeelitan region is sec.,in9 for three dyne-;e services assistance. H,CD also has sup- leaders to serve as Process Mcncgers.lecc'ra c multi-disciplined task Fo;e that handles pre'== ported local and regional planning, management,process improvement,and iss:e resolulon ser.;ces,the Managers will become o sire•e through the new Downtown Rebound POW of contcd representing the City and•v'1.1 manage the development a..dement and revie^ a process for on ongoing caseload of 10 to 20,'.sb!e development and ccns•rx;on projects.The Planning Grant program and the•PJot selected candidates will be the liaison to internal city departments and outside agencles on ifevelopmentproject&In addition,theywill assistwith the development, Interregional Planning Partnership pro- assignment,training,and improvement of frontlinestaff using project management gram,and has been working with inter- principles,practices and software.Ccnc:dc'es shou!d possess skills in c!!ecs!one aF the following disciplines:(1)Picnn;ng,CEGA,Zcn'na,Discre"onory Entitlements,Des'gn Re•riew, esi groups to improve the effectiveness and Preservation,(2)Building Pe.�n;s includ'r.c Fire and life Scfey Requirements,Civil,St:uCurci% of housing element law. Electrical,Mechanical,or Fire Protection Erc'neering,(3)S;te Developmen%Project Appraisal andA.cquivtion,Project Finance or 6usiness..Ucicc%on(4)Public Improvemen's,Utilities,Flood Fifth,our agency—Business,Trans-' Control,and InFrostrveture Rzguiremerts,or(5)Cari.-ucticn end Project McnccementTecl-.niques. • orcacion and Housing(BT&H);which- end Methodologies.The iclary ranee is 549,521-591,127,depending a..bcckground'ond P a gvoliFiccKors.Ifyou ore interested in this oppe •ri:y,please submit resume to Reg on Williams, encompasses HCD, Caltrans and others c3ob Murray and Associates,735 Sunrse A•.enue,Sure 145,.Row e,CA 95661,(916)784-9080, —has established partnerships with fax(916)784-1985,or email apply^-bobr..;;frciassoc.com by September 20,2002. ocher state agencies to ensure that we %':�;'"- ' • work together to achieve mutual goals. .y BOB M URRAY hone 916.784.9063 ASSOCIATES p The following are are a few examples of fox 916.784.1985 thesepanncrships: EXPERTS IN EXECUTIVE SEARCH www.bobmurroycssoc.com • A Tri-Agency Partnership on Environ- mental Permit cing for Transportation, which includes the secretaries of 0 BT&H, the state Resources Agency IThe dynamic,coastal city of Huntington Beach, internationally known as'Surf City',seeks and CaIEPA; ollaborative team-builder for the newly created position of __ • A Tri-Agency Local Government _�� Director of Information Services. �' Brainstorming Committee,which Cal UA and the The Director will lead the City's technology by providing y x� includes BT&H, practical automated solutions,exceptional service and support state Resources Agency"vjch tide and by developing the Cjy's technology-roadmap'. The in- A V E R Y and counties and councils of govern-. cumbent will be a participative leader and an excellent commu.- ' ' ' ` ' ' ' ' ' - menr, on how to use the powers and nicator with an exceptional ser- %%illiam A•eg&Associates resources of state agencies co encourage DIRECTOR OF vice orientation. Management Consultants better planning;and INFORMATION Position requires knowled a of MN.Santa Cruz Ave..Suite A . TheC�aliforniaFinancingCoordinat- q g los Gatos.CA 95030 SERVICES hardwire and software systems on 408.399.4424 ing Committee(CFCC),which in- mainframe and client server plat- Fax:408.399.4423 eludes HCD,the Dept.of Health forms,a BS in CS or a related field►sith three or moreyears in email:jobs Cavetyassocnet Scryices, the Dept.of Water Re- an ITAS management role, and fiveyears of professional tech- w16%1%v.2veD'2S5oc.net sources,State Water Resources Con- nology experience. MS is desirable.Salary is S8.4S0-S10,450 trol Board, California Technology per month. For consideration submit cover letter, resume, salary history and five work Trade and Commerce Agency,Cali- related references to the attention of Michael Dougherty. A formal position announcement fornia Infrastructure and Economic is available upon request. Final Filing date is September 27.2002. ATTACHMENT NO . 2 - CITY OF HUNTINGTON BEACH MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 -YY. Council/Agency Meeting Held: - Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: October 7, 2002,':, Department ID Number. CK2002-13 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBMITTED BY: Connie Brockway,-City Clerk PREPARED BY: Connie Brockway, City Clerk J& SUBJECT: City Personnel Commission's Purpose and Functions Pursuant to City Council Resolution No. 3960 and Huntington Beach Municipal Code Chapter 2.72 Relative to the Amendment of the City Classification Plan to. Create New.Department Head Positions and Revisions to the Classification Plan Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: It is among the responsibilities of the City Clerk to maintain a complete record, through the years, of Resolutions adopted by the City Council which serve as the historical record of the City Classification Plan (Classification Plan of City Personnel as required by the City Charter.) . The information that follows in this report is my official notification to the City Council that I will not be able to maintain an ongoing record of the history of the City's Classification Plan of City Personnel unless the process and procedure which is currently being disregarded, is once again-followed. The Personnel Commission, formed by city law, is a seven-member body made up of persons residing in the city, and appointed at large*by the City Council.. These members through their professional background;and expertise act irr an advisory capacity to the City Council and City Administrator on Personnel Administration, including forwarding their recommendations to the City Council relative to creation of new city position classifications, and revisions to classifications. In addition, the Personnel Commission members hear appeals on grievance matters for final decision, hear appeals from decisions 'of the Administrative Services Director made pursuant to the employer-employee relations resolution, determine hearing procedures, select hearing officers and advisory arbitrators for hearings, and have other responsibilities as the Council may direct. G:1RCA'S12002rca1ck2002-13.DOT 10/4/2002 2:50 PM REQUEST FOR ACTION - MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 Analysis: Last month, it came to my attention through a magazine ad, that a recruitment is underway.for.a Departrneiit 'Head' position, and, that the position-will be called Information yr:. Services Director. . During,the week; I expressed.,my concern.to.the City Administrator'and Assistant City Administrator: (1) that the proposed classification had not been presented to the City Personnel Commission for public hearing and review as required by City Council - Resolution No. 3960, (2) that class specifications had not been developed, (3) the job advertisement had not been posted on the City.Hall Employment Available Posting Board as required by law, and (4) that there was no class specifications for the position in the City Employment Listings that the public looks at to determine if there are employment positions - in the City for which they may be qualified to fill. These position classifications that are reviewed by the City Personnel Commission include Minimum Qualifications, Examples of Essential Duties, Educational Requirements, and Experience Required. When I expressed my concern to administration that the City Personnel Classification Plan amendment procedure had not been followed, I was informed that the new Department Head classification was approved by the City Council as a City Budget line item, and that the salary was also included by range number as a line item, and that is all that was needed. That the Personnel Commission review and recommendation to Council was not required. I had suggested .that the recruitment be suspended, the applications received thus far kept, and then recruitment reopened after'the proper procedure had been followed. I was.infornied that recruitment would proceed. The Assistant City Administrator informed me that he and his staff based their decision on the fact that Department Head positions are excluded from the competitive service, as they are at-will employees. The method and process by which new personnel classifications are created must be a matter of public record. This is critical for the City Clerk's Office to maintain City Council resolutions which show that a Personnel Commission public hearing has been held, that the fundamental reason for the existence of the classification has been demonstrated; that the position opening will be posted on the legal posting board and available in the list of City Employment Classifications that the public can access at the Personnel Department. As an example, to demonstrate the correct procedure, l.have'attached the class specification for the Department Head Classification — Director of Organizational Effectiveness;"*a department head position that was created in 1999. A public hearing on this classification was held before the City Personnel Commission (See -attached Personnel Commission minutes dated January 20,' 1999). The Personnel Commission, pursuant to City Council Resolution No. 3960 forwarded, through staff, this classification to the City Council. The City Council adopted Resolution No. 99-10 on February 16, 1999, and created the new Department Head position. . The title of Resolution No. 99-10 is "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan. by Adding Two New Classifications Entitled Principal Planner and Director of Research and Organizational Development." Note: (Principal Planner was a separate classification that had.been presented to and reviewed by the Personnel Commission at their meeting.) cone"Ive"(neirf f�( GARCXS\2002rca1ck2002-13.D0T , 101412002 2:50 PM I REQUEST FOR ACTION MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 presented my concerns to the Personnel Commission at its September 18, 2002 meeting. This particular concern was"urgent.. However there are other concerns which some members of the Personnel Commission expressed at the meeting: .. I believe that should the following Recommended Action be approved by the City Council, the integrity of the process of the City Classification Plan will be maintained and that the standards, qualifications, educational requirements, and experience required for citizens wishing to fill City positions will be preserved. Funding Source: Not Applicable. Recommended Action: (1) Direct that the recruitment for a Department Head position of Information Services Director be temporarily suspended; and (2) Direct staff to prepare Class Specifications for presentation to the City Personnel Commission for review and public hearing, followed by the Personnel Commission's recommendation to. the City Council to .reject, .modify or adopt .said classification specifications by adopting a resolution; and (3) That should the City Council have concerns relative to the administration of the personnel system, that the City Council rely on "Huntington Beach Municipal Code Section 2.72.070 — Commission — Functions and duties: The Personnel Commission shall have the power and be required to: (b) 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." Alternative Action(s): As City Clerk, I do not believe there is an alternative action. However, if the City Council determines that the creation of this proposed new Department Head classification is not also.required to be reviewed at a Personnel Commission public hearing, as was the procedure for the Director of Organizational Effectiveness department head position, I request that a motion to that effect .be made. The motion will serve as the reason why the Office of the City Clerk can no longer maintain Council Resolutions adopting classification plan amendments. cc: Flint Morrison, Chair, City Personnel Commission Blanche Deight, Member of the City Personnel Commission Daniel P. Gooch, Member of the City Personnel Commission Matthew Hunt, Member of the City Personnel Commission Linda Kelly, Member of the City Personnel Commission Darrach Taylor, Member of the City Personnel Commission 3 Richard Zeleznikar, Member of the City Personnel Commission i GARCNS\2002rca1ck2002-13.D0T 10/412002 2:50 PM r t REQUEST FOR ACTION MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 Environmental Status: Not Applicable. - Attacfiment(s): er. Descrip on .71 City Council Approved Documents Proving that Creation of New Department Head Positions are Subject to Review by the City Personnel Commission 1. January 20, 1999 Official City Personnel Commission Meeting Minutes of the Public Hearing Held on the Proposed Amendment to City Classification Plan to Create the New Department Head Classification of Director of Organizational Effectiveness. 2. City Council Resolution No. 99-10 Adopted February 16, 1999 Amending the City's Classification Plan to Create the New Department Head Classification and Reporting that a Public Hearing had been held by the Personnel Commission and that the Personnel Commission was Recommending Adoption by Council. Note:.Exhibit "N' to Resolution'. No. 99-10 is the Department Head Class Specification. I 3. Official City Council Meeting Minutes dated February 16, 1999 Adopting Resolution No. 99-10 Approving the Amendment to the City Classification Plan. City of Huntington Beach Class Specification for Department Head I4. Position of Director of Organizational Effectiveness dated January 12, 1999 and Revised Classification Specification dated March 2001. RCA Author: C. Brockway i G:1RCNS12002rca1ck2002-13.DOT 10/4/2002 3:15 PM- ATTACHMENT 1 k l .� MINUTES f Huntiigor beach eCity O PERSON NEL COADWSSI.ON For -P,,ihL I+eArin January 20, 1999 1. CALL- TO ORDER:.-Coinmissioner Harden called Commission meeting to order at 5.35 p.m. Roll Call: Present- Commissioners Aldridge,:Harder*, Morrisonjaylor, Ward, and Zele;nikar:.. Absent: - Commissioner Bogen. Staff Present:William H, Osness, Secretary to Commission; and Vicky Berg, Principal Personnel Analyst. .Also present was Jeffrey Freedman, Special Counsel to the Commission. 2. PUBLIC COMMENTS - None 3. APPROVAL OF MINUTES Morrison motioned to receive and file Minutes of December 16, 1998, Commission meeting as submitted. (Passed 6-0) 4. OLD BUSINESS j Morrison motioned to set aside agenda and begin discussions on Item 4-B. (Passed 6-0) B. Personnel-- Confidential— Disciplinary.Hearing in Accordance with Personnel Rule 20— Supplemental Findings and Recommended Decision of Hearing Officer Howard S. Block regarding Grievance No. 96-05. . A discussion was held with.regard to the various options available.to.the Commission in. addressing this case. Chairperson Harden closed the public hearing at 5:45 P.M::Harden opened the meeting again at 5:49 P.M. and announced the Commission's motion to adopt supplemental finding and recommendation, thereby adopting recommendation of Hearing Officer. (Passed 6-0) A. Proposed Revision of Personnel Commission Disciplinary Hearing Procedures Discussion was held regarding Option 1 versus Option 2, as proposed in the memo from Osness dated December 28,1998. Chairperson Ward reminded Commission that the original goal of the changes was to simplify the procedures. He felt that by allowing exhibits, as attachments would place the issue right back to where they had originally started. Morrison moved to accept Option.1 and direct the Personnel Director to place insert into the procedures (Passed 5-1; Nay-Zeleznikar). Osness informed Commission that the procedures will be rewritten to reflect changes and revised copies will be sent out with each notice. 5. NEW BUSINESS Morrison motioned to move agenda down to item 5-C. (Passed 6-0) C. Non-Disciplinary Hearing in Accordance with Personnel Rule 19— Compliance of Timeliness of the City's Personnel Rules. Personnel Commission Minutes - January 20, 1999 Page 2 of 2 `, Osness presented.City's position explaining that the grievance is not.disciplinary. Therefore,` briefs:were not necessary._H6w*ver,'the.City Would not object to a-continuance. Employee's::. attorney stated they did not need a continuance if viewed by.Commission as a'non=disciplinary matter. Morrison motioned to support Hearing Officer report. (Passed 6-0) A. Public Hearing—Amendment to Classification Plan— Personnel Rule 12—Add New Class cation—Principal Planner Osness presented background and reason position was created. He highlighted the organizational changes that had occurred and the importance of having someone in charge of day to day operations. Morrison motioned to adopt the new classification of Principal Planner.' and amend the Classification Plan accordingly. (Passed 6-0) B,• Public Hearing—Amendment to Classification Plan—Personnel Rule 12—Add New 'Classification—Director of Research & Organizational Development. Berg presented background and reason position was created. She highlighted the important role this position would assume in carrying out the City's commitment to improve organizational processes and procedures as well as improve both internal and external '.'customer service. Morrison motioned to.adopt the'new classification of Director of Res . earch . L' and Orgahizatiohal Development and amend th'e-Classif cation Plan accordingly. (Passed 6-0) 6. COMMENTS FROM COMMISSIONERS Morrison requested that all offices be notified as to change of Commissioners and new Chairperson. 7. COMMENTS FROM SECRETARY Osness informed Commission that Council members Harmon, Sullivan and Julian will overse( the Personnel Commission. Commission agenda packets will be provided to them every month. 8. INFORMATIONAL ITEMS - Received 9. ADJOURNMENT - Chairperson Harden adjourned the Commission meeting at 6:52 P.M. to 5:30 p.m. on February 17, 1999. - Minutes Submitted by: LViilliam H. Osness Secretary to the Commission ATTACHMENT 2 RESOLUTION NO. A.RESOLUTION OF THE CITY COUP.QIL OF THE.CITY OF HUNTR\`GTON BEACH TO AhIEND.THE CITY CLASSIFICATION PLAN BY ADDING.TWO NEW CLASSIFICATIONS ENTITLED PRINCIPAL PLANNER AND DIRECTOR OF RESEARCH&.ORGANIZATIONAL DEVELOPI�IENT AND DELETING THE CLASSIFICATION OF HOUSING FINANCE SPECIALIST WHEREAS,the Personnel Commission of the City of Huntington Beach conducted a duly noticed public hearing at its meeting of January 20, 1999,pursuant to the provisions of Personnel Rule 12-4, and at the conclusion of that public hearing,recommended to the City Council that the classifications of Principal Planner and Director of Research&Organizational Development be added and the classification of Housing Finance Specialist be deleted; and '•.The Class Specifications for Principal Planner and Director of Research& Organizational Development are attached as Exhibit A; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: Section`l.. The City Classification Plan is hereby amended by adding the classifications reflected herein below: ' New Classifications Principal Planner Director of Research and Organizational Development Section 2. The City Classification Plan is amended by deleting the classification of Housing Finance Specialist. Section 3. All other provisions of the Classification Plan shall remain the same. PASSED..AND ADOPTED by the City.Council of the City. of Huntington Beach at.a . regular meeting thereof held on the 16 th day of Febru 199 Mayor ATTEST: APPROVED AS TO FORM: G�� i_ �l� City CIerk City Attorney a REVIEWED AND APPROVED: INITIATED AND APPROVED: �-F-'•--^;•AA,-nic rnflVP CPrvir.eS X. CITY OF HUNTINGTON BEACH CLASS SPECIFICATION; HUNTINGTON B-cACH TITLE: Director of Organizational Effectiveness DATE: January 12, 1999 =' DUTIES SUMMARY--The fundamental reason for the existence of this classification is to provide organizational development, communication and research services that meet the identified needs of individual department and citywide change efforts and goals. Areas of responsibility include process-mapping, research, training, legislative affairs, grantsmanship and managed competition, to obtain optimum efficiency and economy of operations. DISTINGUISHING CHARACTERISTICS --This position is a department head reporting directly to the City Administrator, responsible for organizational development, management and research programs. Incumbent must exercise considerable independence of action and judgement in performing duties, which involve the development,. coordination, .and implementation of. organizational development and change initiatives that assure city workforce is prepared to meet o�'exceed performance goals: . . EXAMPLES OF ESSENTIAL DUTIES -- Plans, develops and implements organization policies and goals; conducts related research and needs analysis studies which result in recommendations and implementation of appropriate action to assure organizational effectiveness; oversees and coordinates the managed competition, process mapping and improvements programs; develops method slvehicles for improving internal communications; serves as internal consultant with line management to provide customized solutions for various departments; compiles data and analyzes past and current year performance trends to prepare budgets and justify funds requested; formulates training policies, programs and schedules, based on knowledge of identified training needs,. organizational processes, procedures or services; researches and selects outside consultant trainer to conduct training in specific topics; coordinates and evaluates training wo.rk performed by contractors and vendors; drafts applications and proposals to submit to fund granting authorities such as government agencies and foundations; coordinates citywide grantsmanship and intergovernmental relations effort; confers with administrative personnel and reviews activity and operating reports to determine changes in programs or operations required; works with administrators, department heads and managers to survey and assess employee development needs; ' develops and maintains reporting systems to monitor departmental and employee progress toward achieving organizational goals; develops employee motivational programs; provides internal leadership consulting on employee and organizational development; facilitates the alignment of individual development objectives and organizational objectives; prepares reports and correspondence; performs other related n duties. CITY OF HUNTINGTON BEACH CLASS SPECIFICATION' HUNTING, ON BEACH - TITLE: Director of Organizational Effectiveness. DATE: January 12,1999 The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: : Knowledge of: The principles, methods and procedures utilized in; organizational development, communication processes in complex organizations, process mapping, professional ethics of group interaction and inf2rpersonal dynamics, organizational problem solving, conflict resolution, management, supervision and research. Ability to:.-Plan, b�ganize, develop.and implement comprehensive organization, : and:'.staff development. programs; -.establish and. maintain' credibility with employees, supervisors, and managers; model behavior that is consistent*with-. : : the organization values.and basic principles; analyze problems and recommend methods of resolution and change; perform the role of facilitator and effectively utilize group dynamic skills and techniques; present information to groups-in an organized and timely manner; supervise the performance of in-house volunteers and contract instructors; communicate effectively verbally and in writing; work cooperatively with others. , Education: Bachelor's degree in public administration, public policy, business. administration, organizational development, industrial/organizational psychology or related field. Master's degree and/or continuing education in a field related to management or organizational development is preferred. Experience: Five -years as manager or supervisor in a. local government including __ working .knowledge of organizational development tools, /intergovernmental relations and grantsmanship Prior experience and proven accomplishments in organizational development program design, implementation and maintenance highly desirable. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. CITY OF..HUNTiNGTON BEACH . � ;}_ fit. • �. CLASS:SPECIFICATION;. : * _ HUNTINGTON BEACH TITLE: Principal Planner DATE: January, 1999 DUTIES SUMMARY—The fundamental reason this classification exists is to manage, = supervise, and coordinate operations of the various sections of the Planning Department. DISTINGUISHING CHARACTERISTICS —The Principal Planner is a single position classification responsible for coordinating the day to day activities of the Planning Department and insures that decision making among the various sections of the Department is internally consistent and in accordance with State and municipal statues. Coordinates work programs and priorities. Directly supervises staff in the Planning Department. The incumbent works under the direction of the Planning Director. EXAMPLES OF ESSENTIAL DUTIES — Manages, directs and organizes planning activities; .coordinates:. planning activities with .other City departments; assigns work activities, projects and*.programs;-�mohitors, work flow; reviews and..evaluates work products; methods and. procedures. :Coordinates and. resolves issues with other , departments. Represents the City in the Planning Director's absence at the Coastal Commission, City Council and Planning Commission and other City Advisory Boards. Responsible for training existing staff and new staff as to how the Zoning and Subdivision Ordinance should be interpreted and other technical issues relating to planning. Responsible for being lead staff member to the Planning Commission and advising the Commission of all land use issues. Assists and advises the Planning Director on the preparation of the Planning Department budget. Reviews all staff reports to the Planning Commission and City Council. Recommends and administers policies and procedures of the department. Performs other related duties as assigned. The preceding duties have been provided as examples of the essential types of work .:. performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Knowledge of: Professional standards, principles, and practices of urban planning and development; program management techniques including the planning and coordinating of work activities; principles and practices of supervision including performance evaluation; contract administration; personnel policies and procedures; applicable local, State, and Federal regulations; project I r management and cost control; research methods as applied to the collection and analysis of data pertinent to the planning and environmental areas; descriptive _;. CITY77- OF:HUNTINGTON BEACH CLASS*.P,ECIFICATION,'.,' =„ = of ' " HUNM.14GTON BEACH KL : Principal Planner DATE: January' 1999 statistics; safety issues and liability reduction; budgetary planning, preparation, and control; related computer software including spreadsheet and word processing packages. Ability to: Administer the various sections of the Planning Departrrient; plan, coordinate and supervise program activities and personnel; analyze problems ..and seek resolutions to conflicts; read, interpret and implement policies, laws, 'ordinances, rules and . regulations; provide and utilize written and oral instructions, ensure safety and professional work standards are met; communicate and interact effectively both verbally and in writing with elected officials, the public, applicants, developers, and staff; prepare and administer a budget;- work .independently; deliver quality. customer .service; propose and. administer-change:: Education:. Equivalerit to a Bachelor's degree. from an accredited college or university with major coursework in city planning or a related field. A Master's degree in planning or a related field will substitute for one year of the required experience. Experience: Six years of progressively responsible experience performing professional planning work, including four years supervisory or lead experience. License/Certificate Required: Valid California Driver's License. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS: See Physical• task questionnaires. Employee accommodations for physical or mental. disabilities will be considered on a case-by-case basis.- 13 Res. No.99-10 STATE.OF CALIFORhIIA ) ::. COUNTY OF ORANGE . CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beacb, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members 6f the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted •:• by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of February,1999 by the following vote: AYES: Julien,Bauer, Garofalo, Green,Dettloff,Harman, Sullivan NOES: None . ABSENT: None ABSTAIN: . None 100 • : " City Clerk and ex=officio Cler, of the • City Council of tlie'City of Huntington.' Beach, California I ATTACHMENT 3 F, I ,� 02/16199 - Council/AgencyMinutes- Page 11 (CITY-COUNCIL) ADOPTED RESOLUTION N0. 9CLASSES(PRINCIPAL PLANNER)ROVED AMENDMENT O CITY ?, CLASSIFICATION PLAN BY ADDITION OF TWO ( <- (DIRECTOR OF RESEARCH &ORGANIZATIONAL DEVELOPMENT) —.DELETION OF ONE CLASS.(HOUSING FINANCE SPECIALIST) (700.10)-Adopted Resolution No. 99-10 . 'A Resolution.of the City Council of the City of Huntington Beach to Amend the City.Classifcafion' .: Plan by Adding Two New Classifications Entitled Principal Planner and Director of Research & _3 Organizational Development and Deleting the Classification of Housing Finance Specialist. (CITY COUNCIL) AFFORDABLE HOUSING DO APE ANN PROJECTS N HOLLY REIMBURSEMENTTS AND AGREEMENTS FOR THE PROMENADE AN SEACLIFF -TRACT NOS. 15520 & 15531 - OLSON COMPANY/JOHN LAING HOMES (W.L. HOMES) (600.10)—1. Approved and authorized execution of the First Amendment To = Declaration Of Conditions, Covenants, And Restrictions For Property to the affordable housing covenant and the Reimbursement Agreement for Promenade (The Olson Company),by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder the first amendment to the affordable housing covenant, and 2. Approved and authorized execution of Declaration Of Conditions, Covenants And Restrictions For Property(Resale Restrictions) the affordable housing covenant and Reimbursement Agreement for Cape Ann (John Laing Homes) by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder the affordable housing covenant. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT.WITH LAWRENC.E ASSOCIATES FOR PLANNING SERVICES (CONTRACT PLANNER FOR PLANNING'. DEPARTMENT) FORTH AIvD.GOLDENWEST AREA -APPROVED WAIVER OF - PROFESSIONAL LIABILITY INSURANCE (600.10)-Approved the Professional Services = ' Contract with the Settlement Committee recommendation to waive professional liability (insurance) between the city and a authorized the Mayor and City Clerk to execute.wrence Associates subject to mutual agreement by the city and Lawrence Associates and Mayor Pro Tem Garofalo abstained from-voting on the following item. (Agenda Item E-12): (CITY COUNCIL) APPROVED REQUEST FOR LETTER TO BE SENT TO APPROPRIATE FEDERAL OR STATE LEGISLATORS VOICING THE CITY POSITION REGARDING PENDING LEGISLATION WHICH IS BEFORE THE FEDERAL OR STATE OVERO MENT FOR STREETS AND CONSIDERATION—AB-64—PUBLIC BEACH ENHANCEMENT HIGHWAYS —OPPOSE AB-83— HOME BUSINESS LICENSE FEES EXEMPTION— OPPOSE MANDATING SOCIAL SECURITY COVERAGE FOR STATE & LOCAL_EMPLOYEES (120.70). —Approved the following actions: 1. Authorized the Mayor to send a letter to the author and , i«ees that express*support for AB-64 (Ducheny) and SB-10 appropriate State Legislative Comm (Rainey). 2. Authorized the Mayor to send a letter to the author and appropriate State Legislative Committees that express opposition to AB-83 (Cardenas). 3. Authorized the Mayor to send a letter to Congressman Dana Rohrabacher and the entire California congressional delegation requesting their opposition to the proposal before Congress to mandate that all state and local governments become participants in the federal social security program. Ib 281 ATTACHMENT 4 _PQ 4 .� - = CITY OF HUNTINGTON BEACH CLASS SPECiFI.CATION;: . ._ - ' - •;';;,_. HUNTINGTON BEACH • . IF TITLE: Director of Organizational Effectiveness DATE-January 12, 1999 DUTIES SUMMARY --The fundamental reason for the existence of this classification is - to provide.organizational development, communication and research services that meet the identified needs of individual department and citywide change efforts and goals. Areas of responsibility include process-mapping, research, training, legislative affairs, grantsmanship and managed competition, to obtain optimum efficiency and economy of operations. DISTINGUISHING CHARACTERISTICS --This position is a department head reporting directly to the City Administrator, responsible for organizational development, management and research programs. Incumbent must exercise considerable independence of action and judgement in performing duties, which involve the development, coordination, and implementation of organizational development and change initiatives that assure city workforce is prepared to meet or exceed performance goals. .. EXAMPLES OF ESSENTIAL DUTIES -- Plans, develops and implements organization policies and goals; conducts related research and needs analysis studies which result in recommendations and implementation of appropriate action to assure organizational effectiveness; oversees and coordinates the managed competition, process mapping and improvements programs; develops methods/vehicles for improving internal communications; serves as internal consultant with line management to provide customized solutions for various departments; compiles data and analyzes past and current year performance trends to prepare budgets and justify funds requested; formulates training policies, programs and schedules, based on knowledge of identified training needs, organizational processes, procedures or services; researches and selects outside consultant trainer to conduct training in specific.topics; coordinates and evaluates training work performed by contractors and vendors; drafts applications and. proposals to submit to fund granting authorities. such as government agencies and foundations; coordinates citywide grantsmanship and intergovernmental relations effort; confers with administrative personnel and reviews activity and operating reports to determine changes in programs or operations required; works with administrators, department heads and managers to survey and assess employee development needs; develops and maintains reporting systems to monitor departmental and employee progress toward achieving organizational goals; develops employee motivational programs; provides internal leadership consulting on employee and organizational development; facilitates the alignment of individual development objectives and organizational objectives; prepares reports and correspondence; performs other related duties. S S CITY OF HUNTINGTON BEACH CLASS-SPECIFICATION HUNW G70N BEACH TITLE: Director of Organizational Effectiveness DATE: January 12, 1999 The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. 'x MINIMUM QUALIFICATIONS: Knowledge of: The principles, methods and procedures utilized in; organizational development, communication processes in complex organizations, process mapping, professional ethics of group interaction and interpersonal dynamics, organizational problem solving, conflict' resolution, management, supervision and research. Ability to: Plan, organize, develop and implement comprehensive organization and :staff development programs; establish ..and maintain credibility _with employees, supervisors; and.managers; model.behavior•that 'is consistent:with the organization values and basic principles; analyze problems and recommend methods of resolution and change; perform the role of facilitator and effectively utilize group dynamic skills and techniques; present information to groups-in an organized and timely manner; supervise the performance of in-house volunteers and contract instructors; communicate effectively verbally and in writing; work cooperatively with others. Education: Bachelor's degree in public administration, public policy, business administration, organizational development, industrial/organizational psychology or related field. Master's degree and/or continuing education in a field related to Management or organizational development is preferred. Experience: Five years as manager or supervisor in a local government including_ working knowledge of organizational development tools, intergovernmental relations and grantsmanshi A Prior experience and proven accomplishments in organizational development program design, implementation and maintenance highly desirable. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. l� ..•.....nn n.nA ORA CITY OF HUNTINGTON BEACH CLASS SPECIFICATION" HUNTINGTON BEACH TITLE:_ Director of Organizational Effectiveness..:.. DATE: . March; 2001 :`-A DUTIES SUMMARY —The fundamental reason for the existence of this classification is to provide organizational development, communication and research services that meet the identified needs of individual department and citywide change efforts and goals. _- Areas of responsibility include process-mapping, research, training, and managed competition, to obtain optimum efficiency and economy of operations. DISTINGUISHING CHARACTERISTICS —This position is a department head reporting directly to the City Administrator, responsible for organizational development, management and research programs. Incumbent must exercise considerable independence of action and judgement in performing duties, which involve the development, coordination, and implementation of organizational development and change initiatives that assure city workforce is prepared to meet or exceed performance goals. EXAMPLES OF ESSENTIAL DUTIES =- Plans, develops. and implements organization policies and.goals; conducts related research. and needs analysis studies which result in recommendations and implementation"of appropriate action to assure organizational effectiveness; oversees and coordinates the managed competition, process mapping and improvements programs; develops methods/vehicles for improving internal communications; serves as internal consultant with line management to provide customized solutions for various departments; compiles data and analyzes past and current year performance trends to prepare budgets and justify funds requested; formulates training policies, programs and schedules, based on knowledge of identified training needs, organizational processes, procedures or services; researches and selects outside consultant trainer to conduct training in specific topics; coordinates and evaluates training work performed by contractors and vendors; drafts applications and proposals to submit to fund granting authorities such as government agencies and foundations; confers with administrative personnel and reviews activity and operating reports to determine changes in programs or operations required; • works "with administrators, department heads and managers to survey and assess employee development needs; develops and maintains reporting systems to monitor departmental and employee progress toward achieving organizational goals; develops employee s internal leadership consulting on:. employee and motivational programs; provide organizational development; facilitates the alignment of individual development objectives and organizational objectives; prepares reports and correspondence; performs other related duties. . zo C, CITY OF HUNTINGTON BEACH ' �c2 CLASS SPECIFICATION Hu- TINGTON BEACH - The preceding duties have been provided as examples of the essential tyPes.of work performed by positions within this job.classification. The City, at its disct'etion, may add,',modify, change-or: rescind work assi �9nments as needed. MINIMUM QUALIFICATIONS: Knowledge of: The principles, methods and procedures utilized in; organizational development, communicatiori processes in complex organizations, process mapping, professional ethics of group interaction and interpersonal dynamics, organizational problem solving, conflict resolution; management, supervision and research. Ability to: Plan, organize, develop and implement comprehensive organization and staff developrrtient programs; establish and maintain credibility with employees, supervisors, and managers; model behavior that is consistent with the organization values and basic principles; analyze problems and recommend methods of resolution and change; perform the role of facilitator and effectively utilize group dynamic skills and techniques; present information. .to.`groups in :an: organized: and timely rrianner; supervise.'the ,t performance of-in-house volunteers'.and contract instructors;' communicate effectively j verbally and in writing; work cooperatively with others. Education: Bachelor's degree in public administration , business administration, organizational development, industrial/or anzational psublic ychology or related field. Master's degree and/or continuing education in a field related to management or organizational development is preferred. Experience: Five years as manager or supervisor in a local government including working knowledge of organizational development tools. Prior experience and proven accomplishments in organizational development program design, implementation and.. maintenance highly desirable. i PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. 0043 �I ATTACHMENT 3 • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: HON. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GAIL HUTTON, CITY ATTORNEY SUBJECT: PERSONNEL SYSTEM - CLASSIFICATION PLAN DATE: OCTOBER 16, 2002 INDEX: LABOR; PERSONNEL SYSTEM; CLASSIFICATION PLAN; CHARTER; EXEMPT POSITIONS BACKGROUND The City seeks to recruit and employ a new department head level position entitled Information Systems Director ("ISD"). At the City Council meeting of October 7, 2002, the City Clerk requested that the City Council temporarily suspend the recruitment of the ISD position, in order for the class specification to be presented to the Personnel Commission for review and approval. The City Clerk stated that the process used for creation and recruitment of the ISD position did not conform to the City's requirements, and that unless the proper procedures were followed, she could no longer maintain Council resolutions adopting amendments to the City's Classification Plan. ISSUE Must the class specification for the ISD position be presented to the Personnel Commission for its review and approval? ANSWER No. ANALYSIS The City Charter requires maintenance by ordinance of a comprehensive personnel system for the City. (Section 403.) The City's Personnel System is commonly called a "merit" system, and features the traditional elements of a merit based, competitive service: competitive selection, advancement and incumbency; structural adaptability; and exemption of certain non-classified positions. (Placer County Employee Assn v. Bd. Of Supervisors (1965) 43 Cal. Rptr. 782.) h ' Page 2 Ray Silver Personnel System - Classification Plan Among the notable exclusions from the City's competitive service system are: the City's elective officers; the City Administrator and the Assistant City Administrator; and appointive department heads'. (Charter Section 403; HBMC Section 2.76.010.) For positions in the competitive service, new job classifications must be presented to the Personnel Commission for review and approval (Personnel Rule 12-8). However, this requirement_is explicitly limited to positions in the competitive service. Since the ISD position is excluded from the competitive service, it is not subject to this requirement. Of course, if the City Administrator finds it necessary or convenient to have the Commission review the proposed classification, he may request it. But the Commission is not required to act on such a request, nor is the City Administrator bound by any determination or recommendation that the Commission may provide relating to the position. We have previously addressed similar issues related to the City Administrator's authority regarding personnel administration, and the recruitment and selection of department heads. I have attached copies of our previous opinions for your information. If I can be of further assistance, please contact me at your earliest convenience. GAIL HUTTON City Attorney cc: Members of the Personnel Commission Ray Silver, City Administrator Connie Brockway, City Clerk William Workman, Asst. City Administrator Clay Martin, Director of Administrative Services Irma Youssefieh, Human Resources Manager Attachments: 1. Memorandum Opinion dated 6/13179 2. Memorandum from Gail Hutton to Michael Uberuaga dated 12/3/93 The City's appointive department heads were specifically excluded from the competitive service by the adoption of Ordinance No. 3122 in 1994. Because of this specific exclusion, we have not analyzed whether the previous inclusion of department head positions in the competitive service was consistent with the City Administrator's authority to remove department heads with the consent of the City Council pursuant to Charter Section 401(a). 2 PDA:2002 memos:Silver-Personnel System 10-14 JA CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ` To CITY ADMINISTRATOR From OFFICE OF THE CITY ATTORNEY Subject Development Services Date June 13 , 1979 Director MEMORANDUM OPINION QUESTION: Is it legal to consider a former employee for the Development Services Director position although he was not on the list created by inter- views? ANSWER: Yes. The City Administrator and City Council have the exclusive discretion to select department heads . FACTS: The city has recruited and created an eligible list for the director of Development Services. Apparently, several of the highest ranked candidates have declined offers of employment . At a recent Council meeting, the prospect of evaluating the former assistant city adminis- trator was considered, and this opinion is sought on the legality of such consideration. ANALYSIS : As a first point , it should be noted that the position of assistant city administrator is exempt from the personnel system. (Charter §403. ) There is, therefore , no limitation on the manner of employ- ment for that position, no recruiting requirement , and no limita- tions on reemployment . (Rule 8-11, limiting reemployment rights to one year, is not applicable to exempt positions . ) The Charter provides that department heads are appointed by the City Administrator,. subject to approval of a majority of the Council (four votes) . E401 (a) ,] The Charter does not address the manner of determining the' persons eligible for appointment or creating a list. The apparent custom and practice in selecting department heads has varied considerably.. The appointments have been made by promotion, transfer, open recruitment , and even without recruitment . While Personnel Rule 5-1 provides for six types of appointment , the provisions of Rule 5 do not appear to apply to MEMORANDUM OPINION June 13, 1979 Development Services Director Page Two department heads. In fact , Rule 5-5 specifically excludes depart- ment heads from the requirement that appointments be made from among those persons certified by the Personnel Director pursuant to the examination procedure . Therefore, it appears that the selection of a department head- may- be made, under Charter §401 (a) , in whatever manner the Administrator and the Council deem advisable. Thus , the Council is not restricted by an eligible list and may disregard it and confirm the appointment of any person. The Council is not limited by the Personnel Rules relating to VTR lishment of eligible lists. ROBERT C . S Deputy City Attorney APPROVED: RCS : sh GAIL HUTTON City Attorney J� CITY OF HUNTINGTON B F-ACH INTER-DEPARTMENT COMMUNICATION L HUNMNGTON BEACH TO: Michael Ubetuaga, City Administrator FROM: Gail Hutton, City Attorney DATE: December 3, 1993 SUBJECT: Competitive Service Regulations: Removal of Department Heads Positions from Competitive Service City Council Meeting of December 6, 1993, Agenc�.ltem G-2a QUESTION: r_ You have posed the question: {� "Does the Charter and associated rules and ordinances require that department head positions once placed in the competitive service remain in the system until removed by a vote of the people?" ANSWER: No. ANALYSIS - In matters of Personnel Administration,the City Administrator is the city's appointing authority to dire and fire,to promote and demote city employees. Huntington Beach City Charter § 401(a). The Council designates those positions the incumbents of which are to be members of the system,those positions which are to be exempt and a scheme for administration of the system. Huntington Beach.City Charter § 403. The Administrator's authority to appoint, demote,promote and remove individuals to positions is subject to the limitations imposed by the Personnel Rules. Competitive Service Regulations\2\s\12/03/93 Michael Uberuaga December 3, 1993 Page 2 A past Council or one sitting today does not have the power to tie the hands of the future Councils in deciding which positions are covered ones and which are exempt. The Charter provides that the list may be amended from time-to-time to add or delete positions but the incumbent of a position once in the system may not be taken out of his or her position without a vote of the electors. Huntington Beach City Charter § 403. The several considerations that are taken into account in interpreting the Charter are the needs of those of the Council and the Administrator in governance of the city coupled with the protection of employee rights. The variants do not always coincide.l CONCLUSION: The City Council is free to add or remove appointive positions from the list of positions and deprive or grant future incumbents system protections. The incumbent of a newly exempted position remains in the system so long as the position exists and he or she holds the position. Attached to this opinion are proposed ordinances one of which would amend the Competitive Service Regulations by removing from the competitive service list of non-exempt positions the positions of future appointive department heads,the other renames the Development Services Department and changes the title of the department head. Such ordinances are approved as to form as meeting the various Charter criteria for accomplishing the stated goals. _ Gail Hutton City Attorney . Attachments: (1) Ordinance No. 3221 amending HBMC Chapter 2.76 pertaining to competitive service regulations _ (2) Ordinance No. 3222 amending HBMC Chapter 2.32 by changing "Development Services" to "Community Develkopment" 1 The city does not maintain a full blown civil service system but it is required by its Charter to maintain a type of merit system. Huntington Beach City Charter § 403. In Placer County Employees Association, et al.,v. Board of Supervisors of the County of Placer(1965) Competitive Service RegulationsMs112J03/93 (Footnote 1 continued) 43 Cal.Rptr. 782,the court made the observation,also made here,that there are three salient features of merit systems competitive selection and advancement and continued incu-mbency based*on merit,i.e., "civil service;'structural adaptability of the goy maintenance of a category of exempt or nonclassified positions .The court said at p. 784, ". civil service laws normally except designated offces and positions such as elective offices, appointive department heads,confidential assistants and temporary consultants" (emphasis mine),and further held that"Maintenance of a modus viviendi among these three governmental principles--civil service, structural adaptabili an a category of exempt positions--is bound to set up occasional tensions and collisions." jcoiirts have adopted the criterion of good faith to weigh the legality of actions abolishing civil service positions, ". . :upheld if taken in good faith,but invalidated if it is a subterfuge for the piecemeal dissolution of the. . . s stem." Competitive Service RegulationsMA12/03/93 1 ORDINANCE NO. 3221 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.76. OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO COMPETITIVE SERVICE REGULATIONS BY ADDING FUTURE APPOINTIVE DEPARTMENT HEADS TO THE EXCLUSIONS FROM THE COMPETITIVE SERVICE SYSTEM. Whereas the City Council of City of Huntington Beach wishes to designate the appointive department heads as exempt from the competitive service system, NOW, THEREFORE the City Council of the City of Huntington Beach does ordain as follows: Section 1. That Section 2.76.010 of Chapter 2.76 of the Huntington Beach Municipal Code is hereby amended by adding subsection (i); said subsection 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) Assistant 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 Section 2. All other sections of Chapter 2.76 shall remain as originally enacted. Section 3. This ordinance shall take effect 30 days after passage. 1 3/ordinanc/chap276/12/01/93 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a �. regular meeting thereof held on the day of , 1993. Mayor ATTEST: APPROVED AS TO FORM: City Clerk /z City Attorney INITIATED, REVIEWED AND APPROVED: City Administrator 2 3/ordin a nc/ch ap276/12/01/93 r �. LEGISLATIVE D AH Chapter 2.76 COMPETITIVE SERVICE REGULATIONS ections: 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 govemmental 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. 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) Assistant 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 2.76.020 City employees political activity restricted. This chapter applies to all officers and employees of the competitive service. 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. 2.76 040 City officers barred fro contribution notices. Every officers or employee of the city shall prohibit the entry into any place under his control, occupied and used for the 1 3/draft276/12/01/93 2,76 040 City officers barred from contribution notices. Every officers 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. 2 Z6 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 the rein.making., demanding or giving notice of any political assessment, subscription or contribution. 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. 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 to 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 political influence or action of such person or another shall be given partly or upon any other corrupt condition or consideration. 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. 6,0 Nonexempt emplovees Prohibited election a 'v' i . 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. 2 3/draft276/12/01/93 V ORDINANCE NO. 3222 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY CHANGING'DEVELOPMENT SERVICES'TO'COMMUNITY DEVELOPMENT WHEREAS, the City Council of the City of Huntington Beach desires.fo change the name of"development services department"to "community development department, NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the name"development services"shall be changed to"community development"throughout Chapter 2.32. SECTION 2. This ordinance shall take effect 30 days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of . 1993. Mayor ATTEST: APPROVED AS TO FORM: City Clerk --- �Cityttomey /2-I-9j REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Administrative Services 3/k/• TxcmptU4101/93 Legislative Draft Chapter 2.32 DEPARTMENT OF CONMMTTIVITY DEVELOPMENTS `ln Sections: 2.32.010 Department established. 2.32.020 Director—Appointment 2.32.030 Director--Powers and duties. 2 32 010 Department established. There is hereby created the department of community development services of the city of Huntington Beach. 2 32 020 Director--Appointment. The director of community development ser:^_es shall be the head of the department , and such director shall be appointed by the city administrator, subject to approval by a majority vote of the full city council. 2 32 030 Director--Powers and duties. (a) The director of community developments shall be responsible for the administration and enforcement of the following: (1) Huntington Beach Building Code (Chapter 17.04) (2) Huntington Beach Housing Code(Chapter 17.08) (3)_ Moving of Buildings (Chapter 17.20) (4) Driveways and Parking Area(Chapter 17.20) (5) Sun Decks and Windscreens (Chapter 17.24) (6) Trailer Parks (Chapter 17.36) (7) Huntington Beach Code for Abatement of Dangerous Buildings (Chapter 17.12) (8) Huntington Beach Electrical Code(Chapter 17.46) (9) Huntington Beach Mechanical Code(Chapter 17.40) Mcgisladcommdcv3/12/01/93 (10) Huntington Beach Plumbing Code(Chapter 17.44) (11) Huntington Beach Oil Code(Title 15) (12) Standing Water--Fences (Chapter 8.32) (13) Rubbish Abatement(Chapter 8.36) (14) Inoperable Vehicles (Chapter 8.48) (15) Planning laws (Huntington Beach Ordinance Code) (16) Zoning regulations (Huntington Beach Ordinance Code) (17) State and local environmental regulations (b) In addition to the foregoing,the director of community development seises shall perform other acts or duties, not inconsistent with the city Charter, as may be required by the city council or the laws of the state of California. (c) Whenever in this code,the Huntington Beach Ordinance Code, or any resolution, adopted by the city council, reference is made to the departments of building and community. development,planning, and environmental resources and/or the directors of such departments, such references shall mean the department of community development seMees and the director of community development senwes. Mcgisl at/commdcv3/12J01/93 Received and Filed by the City Council at its Meetint :ld November 6, 2002 with direction to Be attached to the minutes of said meeting. REPORT -- s FROM THE OCTOBER 16, 2002 MEETING DIRECTED TO BE HELD BY THE CITY COUNCIL AT ITS OCTOBER 7, 2002 COUNCIL MEETING REGARDING AGENDA ITEM F-1 SUBMITED BY THE CITY CLERK RELATIVE TO THE PROCEDURE FOR THE CREATION OF NEW CITY DEPARTMENT HEAD POSITIONS Pursuant to City Council direction on October 7, 2002, a meeting was held between Mayor Debbie Cook, Councilmember Grace Winchell, City Clerk Connie Brockway, accompanied by George W. Shaeffer, Jr. Attorney at Law, City Administrator Ray Silver, Personnel Commission Chair Flint Morrison, Personnel Commission Vice Chair Rick Taylor, City Attorney Gail Hutton, Mike Miller, City Attorney's representative assigned to the Personnel Commission, Assistant City Attorney Paul D'Alessandro Assistant City Administrator William Workman, Administrative Services Director Clay Martin. As a result of this meeting an understanding was reached between the participants relative to the City Clerk's concern expressed in Agenda Item F-1 on the October 7, 2002 City Council Agenda regarding the change in procedure used by the city to establish a new city department head position. The City Attorney clarified that department head positions are, in addition to being exempt from the Competitive Services, are also exempt from the Personnel System of the City. It was clarified that establishment of a position description, and review by the Personnel Commission, for subsequent recommendation to the City Council, is no longer necessary and that an ordinance establishing the department is not required, although may be enacted. The City Clerk has the responsibility for maintaining all City Council adopted Resolutions. The last newly established City Department Head position (Director of Organizational Effectiveness) was created in 1999 by adoption of Resolution No. 99-10 amending the City Classification Plan. At the October 16, 2002 meeting attended by the above stated parties the City Clerk's concerns were understood due to her anticipation that a similar process would be used and a resolution establishing the position would be adopted by Council for maintenance in the official City Council records. It was agreed upon by all parties present that the portion of the City Administrator's report presented to the City Council at the October 7, 2002 Council Meeting containing the statement"Additionally, the City Clerk's action as an elected official attempting to influence the personnel process is prohibited in Municipal Code Section 2.76.070 Use or threat to use political authority or influence—and setting forth the text of the code is withdrawn by the City Administrator. The City Clerk has the responsibility under the charter to maintain books recording all resolutions and that she relied upon Resolution No. 99-10 adopted February 16, 1999 as the process by which she could continue to maintain city resolutions of city personnel classifications. At the October 16, 2002 meeting it was agreed that necessary steps will be taken to correct the identified inconsistency. Following clarification by the City Attorney, the City Clerk now understands that since 1993,pursuant to a city ordinance, and in conformance with the City Charter, department head positions are exempt from the city's competitive service and the personnel system. As such, the City Charter does not require that new department head classifications and job descriptions be created,processed through the Personnel Commission, and transmitted to the City Council to adopt by Resolution; that it is not required that departments be established by ordinance due to the exemption of department heads from the competitive service and from the City Personnel System. Pursuant to Municipal Code § 2.72.070, the Personnel Commission has the power to act in an advisory capacity to the City Council and the City Administrator on personnel administration. The City Clerk and the City Administrator mutually respect each other's roles, responsibilities and authority as defined in the City of Huntington Beach Charter and Municipal Code. The City Administrator and the City Clerk will continue to work with the City Council in their combined efforts to improve the overall quality of municipal service to the citizens of Huntington Beach. A copy of this Report shall be attached to the official minutes of this Council meeting. C:\MyDocuments\Brockway\JointStatement.004.doc Council/Agency Meeting Held:(,t,-N&y G, jeto Z Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ature Council Meeting Date: November 6, 2002 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION C— Cl - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL NJ =' co SUBMITTED BY: RAY SILVER, City Administrators T ' PREPARED BY: RAY SILVER, City Administrator c �= SUBJECT: ADOPT RESOLUTION RELATING TO THE ESTABLISHMENT OF CLASSIFICATION SPECIFICATIONS FOR APPOINTIVE DEPARTMENT HEAD POSITIONS ea,5- /I1c) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: A Resolution is needed to clarify the advisory role to the City Administrator of the Personnel Commission in the development of new classifications for exempt appointive Department Head positions. Funding Source: No funding is required. Recommended Action: Motion to: 1. Adopt Resolution-?o64a-/09relating to the establishment of classification specifications for appointive Department Head positions. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Do not approve the proposed Resolution and direct the staff accordingly. Analysis: The City is recruiting for an Information Services Director. This is a new appointive Department Head position that will lead the newly created Information Services Department. During the recruitment, there has been some confusion concerning the position's classification and its exempt status from the personnel system and Personnel Commission approval. To clarify the situation, the following has been done: 1. The City Attorney has presented legal opinions confirming the exempt status of the appointive position. 2. The City Council adopted an ordinance formally establishing the Information Services Department. , 11 REQUEST FOR CITY COUNCIL ACl iON MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: 3. The Council's Special Committee reviewed the matter. 4. The Personnel Commission reviewed and commented on the position's classification on an advisory basis to the City Administrator. 5. The Administrative Services Director incorporated the Personnel Commission's advisory comments into the recruitment process. 6. The Personnel Commission has scheduled a workshop to be updated on State personnel laws, City personnel rules and Commission duties. 7. The City Administrator has proposed a Resolution setting forth that future new classifications for exempt appointive Department Head positions will be reviewed by the Personnel Commission on an advisory basis to the City Administrator. In conclusion, the Resolution on Personnel Commission advisory review of future new classifications for exempt appointive Department Head positions is recommended for adoption. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. City Attorney's Opinion titled: Labor; Personnel System, classification Plan; Charter; Exempt Positions 2. Ordinance Establishing the Information Services Department 3. Class Specification for the Information Services Director position 4. Proposed Resolution Relating to the Establishment of Classification Specifications for Appointive Department Head Positions RCA Author: Workman H:\Workman\RCA\RCA 02-01.doc -2- 10/28/2002 8:46 AM ATTACHMENT # 1 . p CITY OF HUNTINGTON BEACH Inter-Department Communication TO: HON. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GAIL HUTTON, CITY ATTORNEY SUBJECT: PERSONNEL SYSTEM - CLASSIFICATION PLAN DATE: OCTOBER 16, 2002 INDEX: LABOR; PERSONNEL SYSTEM; CLASSIFICATION PLAN; CHARTER; EXEMPT POSITIONS BACKGROUND The City seeks to recruit and employ a new department head level position entitled.Information Systems Director ("ISD"). At the City Council meeting of October 7, 2002, the City Clerk requested that the City Council temporarily suspend the recruitment of the ISD position, in order for the class specification to be presented to the Personnel Commission for review and approval. The City Clerk stated that the process used for creation and recruitment of the ISD position did not conform to the City's requirements, and that unless the proper procedures were followed, she could no longer maintain Council resolutions adopting amendments to the City's Classification Plan. ISSUE Must the class specification for the ISD position be presented to the Personnel Commission for its review and approval? ANSWER No. ANALYSIS The City Charter requires maintenance by ordinance of a comprehensive personnel system for the City. (Section 403.) The City's Personnel System is commonly called a "merit" system, and features the traditional elements of a merit based, competitive service: competitive selection, advancement and incumbency; structural adaptability; and exemption of certain non-classified positions. (Placer County Employee Assn v. Bd. Of Supervisors (1965) 43 Cal. Rptr. 782.) Page 2 Ray Silver Personnel System - Classification Plan Among the notable exclusions from the City's competitive service system are: the City's elective officers; the City Administrator and the Assistant City Administrator; and appointive department heads'. (Charter Section 4.03; HBMC Section 2.76.010.) For positions in the competitive service, new job classifications must be presented to the Personnel Commission for review and approval (Personnel Rule 12-8). However, this requirement.is explicitly limited to positions in the competitive service. Since the ISD position is excluded from the competitive service, it is not subject to this requirement. Of course, if the City Administrator finds it necessary or convenient to have the Commission review the proposed classification, he may request it. But the Commission is not required to act on such a request, nor is the City Administrator bound by any determination or recommendation that the Commission may provide relating to the position. We have previously addressed similar issues related to the City Administrator's authority regarding personnel administration, and the recruitment and selection of department heads. I have attached copies of our previous opinions for your information. If I can be of further assistance, please contact me at your earliest convenience. GAIL HUTTON City Attorney cc: Members of the Personnel Commission Ray Silver, City Administrator Connie Brockway, City Clerk William Workman, Asst. City Administrator Clay Martin, Director of Administrative Services Irma Youssefieh, Human Resources Manager Attachments: 1. Memorandum Opinion dated 6/13/79 2. Memorandum from Gail Hutton to Michael Uberuaga dated 12/3/93 The City's appointive department heads were specifically excluded from the competitive service by the adoption of Ordinance No. 3122 in 1994. Because of this specific exclusion, we have not analyzed whether the previous inclusion of department head positions in the competitive service was consistent with the City Administrator's authority to remove department heads with the consent of the City Council pursuant to Charter Section 401(a). 2 PDA:2002 memos:Silver-Personnel System 10-14 — CITY OF HUNTINGTON BEACH `- INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To CITY ADMINISTRATOR From OFFICE OF THE CITY ATTORNEY Subject Development Services Date June 13 , 1979 Director MEMORANDUM OPINION QUESTION: Is it legal to consider a former employee for the Development Services Director position although he was not on the list created by inter- views? ANSWER: Yes. The City Administrator and City Council have the exclusive discretion to select department heads . FACTS : The city has recruited and created an eligible list for the director of Development Services . Apparently, several of the highest ranked . candidates have declined offers of employment . At a recent Council meeting, the prospect of evaluating the former assistant city adminis- trator was considered, and this opinion is sought on the legality of such consideration. ANALYSIS : As a first point , it should be noted that the position of assistant city administrator is exempt from the personnel system. (Charter §403. ) There is, therefore , no limitation on the manner of employ- ment for that position, no recruiting requirement , and no limita- tions on reemployment . (Rule 8-11, limiting reemployment rights to one year, is not applicable to exempt positions . ) The Charter provides that department heads are appointed by the City Administrator,. subject to approval of a majority of the Council (four votes) . [401 (a) ] The Charter does not address the manner of .determining the persons eligible for appointment or creating a list. The apparent custom and practice in selecting department heads has varied considerably. The appointments have been made. by promotion, transfer, open recruitment , and even without recruitment . While Personnel Rule 5-1 provides for six types of appointment , the provisions of Rule 5 do not appear to apply to MEMORANDUM OPINION June 13 , 1979 Development Services Director Page Two department heads. In fact , Rule 5-5 specifically excludes depart- ment heads from the requirement that appointments be made from among those persons certified by the Personnel Director pursuant to the examination procedure . Therefore, it appears that the selection of a department head may be made, under Charter §401 (a) , in- whatever manner the Administrator and the Council deem advisable . Thus , the Council is not restricted by an eligible list and may disregard it and confirm the appointment of any person. The Council is not limited by the Personnel Rules relating to WTR lishment of eligible lists . ROBERT C. SA Deputy City Attorney APPROVED : RCS : sh GAIL HUTTON City Attorney ' r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION L HUNnNaON BEACH TO: Michael Uberuaga, City Administrator FROM: Gail Hutton, City Attorney DATE: December 3, 1993 SUBJECT: Competitive Service Regulations: Removal of Department Heads Positions from Competitive Service City Council Meeting of December 6, 1993, Agen&g Item G-2a QUESTION: You have posed the question: "Does the Charter and associated rules and ordinances require that department head positions once placed in the competitive service remain in the system until removed by a vote of the people?" ANSWER: - No. ANALYSIS - In matters of Personnel Administration,the City Administrator is the city's appointing authority to hire and fire, to promote and demote city employees. Huntington Beach City Charter § 401(a). The Council designates those positions the incumbents of which are to be members of the system,those positions which are to be exempt and a scheme for administration of the system. Huntington Beach City Charter§ 403. The Administrator's authority to appoint, demote,promote and remove individuals to positions is subject to the limitations imposed by the Personnel Rules. Competitive Service RegulationsMs\12/03/93 — e f Michael Uberuaga December 3, 1993 Page 2 A past Council or one sitting today does not have the power to tie the hands of the future Councils in deciding which positions are covered ones and which are exempt. The Charter provides that the list may be amended from time-to-time to add or delete positions but the incumbent of a position once in the system may not be taken out of his or her position without a vote of the electors. Huntington Beach City Charter § 403. The several considerations that are taken into account in interpreting the Charter are the needs of those of the Council and the Administrator in governance of the city coupled with the protection of employee rights. The variants do not always coincide.l CONCLUSION: The City Council is free to add or remove appointive positions from the list of positions and deprive or grant future incumbents system protections. The incumbent of a newly exempted position remains in the system so long as the position exists and he or she holds the position. Attached to this opinion are proposed ordinances one of which would amend the Competitive Service Regulations by removing from the competitive service list of non-exempt positions the positions of future appointive department heads,the other renames the Development Services Department and changes the title of the department head. Such ordinances are approved as to form as meeting the various Charter criteria for accomplishing the stated goals. Gail Hutton City Attorney Attachments: (1) Ordinance No. 3221 amending HBMC Chapter 2.76 pertaining to competitive service regulations (2) Ordinance No. 3222 amending HBMC Chapter 2.32 by changing "Development Services" to "Community Development" 1 The city does not maintain a full blown civil service system but it is required by its Charter to maintain a type of merit system. Huntington Beach City Charter § 403. In Placer County Employees Association, et al.,v. Board of Supervisors of the County of Placer(1965) Competitive Service Regu1ations\2\s\12/03/93 (Footnote 1 continued) 43 Cal.Rptr. 782,the court made the observation,also made here,that there are three salient features of merit systems competitive election. and advancement and continued inculnbencv based on merit. i.e., "civil service," ;structural adaptability of the government itself and maintenance of a category of exempt or non-classified positions. The court said at p. 784, . . . civil service laws normally except designated offices and positions such as elective offices,, appointive department heads, confidential assistants and temporary consultants" (emphasis mine),and further held that"Maintenance of a modes viviendi among these three governmental principles--civil service, structural adaptability and a category of exempt positions--is bound to set up occasional tensions and collisions." Courts have adopted the criterion of good faith to weigh the legality of actions abolishing civil service positions, ". . .upheld if taken in good faith,but invalidated if it is a subterfuge for the piecemeal dissolution of the . . . system." Competitive Service RegulationsMA12/03/93 = ORDINANCE NO. 3221 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.76. OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO COMPETITIVE SERVICE REGULATIONS BY ADDING FUTURE APPOINTIVE DEPARTMENT HEADS TO THE EXCLUSIONS FROM THE COMPETITIVE SERVICE SYSTEM. Whereas the City Council of City of Huntington Beach wishes to designate the appointive department heads as exempt from the competitive service system, NOW, THEREFORE the City Council of the City of Huntington Beach does ordain as follows: Section 1. That Section 2.76.010 of Chapter 2.76 of the Huntington Beach Municipal Code is hereby amended by adding subsection (i); said subsection 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) Assistant 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 Section 2. All other sections of Chapter 2.76 shall remain as originally enacted. Section 3. This ordinance shall take effect 30 days after passage. 3/ordinanctchap276/12/01/93 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a �. regular meeting thereof held on the day of , 1993. Mayor . ATTEST: APPROVED AS TO FORM: City Clerk /7/-� City Attomey INITIATED, REVIEWED AND APPROVED: City Administrator . 2 3/ordinanc/chap276/12/01/93 LEGISLATIVE DRAFT Chapter 2.76 COMPETITIVE SERVICE REGULATIONS 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: (a) Elective officers; ' (b) City Administrator; (c) Assistant 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 2.76.020 City employees political activity restricted. This chapter applies to all officers and employees of the competitive service. 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. 2.76.040 City officers barred from . contribution notices. Every officers or employee of the city shall prohibit the entry into any place under his control, occupied and used for the 1 = 3/draft276/12/01193 • i 2,76.040 City officers barred from contribution notices Every officers 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. 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. 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. 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 political influence or action of such person or another shall be given partly or upon any other corrupt condition or consideration. 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. 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. 2 3/draft276/12/01/93 = ORDINANCE NO. 3222 _ AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY CHANGING 'DEVELOPMENT SERVICES'TO'COMMUNITY DEVELOPMENT WHEREAS, the City Council of the City of Huntington Beach desires to change the name of"development services department"to "community development department, NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That the name "development services" shall be changed to "community development"throughout Chapter 2.32. SECTION 2. This ordinance shall take effect 30 days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of . 1993. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney /Z-�-93 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Administrative Services 3/k/- Txcmpt\12/01/93 Legislative Draft Chapter 2.32 DEPARTMENT OF COMMUNITY DEVELOPMENT SERAgGE Sections: 2.32.010 Department established. 2.32.020 Director—Appointment 2.32.030 Director--Powers and duties. 2,32,010 Department established. There is hereby created the department of community development seises of the city of Huntington Beach. 2,32,020 Director—Appointment. The director of community development sen4ees shall be the head of the department of deyelopme t sen4ees, and such director shall be appointed by the city administrator, subject to approval by a majority vote of the full city council. 2,32,030 Director--Powers and duties. (a) The director of community development sen4ees shall be responsible for the administration and enforcement of the following: (1) Huntington Beach Building Code (Chapter 17.04) (2) Huntington Beach Housing Code (Chapter 17.08) (3)_ Moving of Buildings (Chapter 17.20) (4) Driveways and Parking Area(Chapter 17.20) (5) Sun Decks and Windscreens (Chapter 17.24) (6) Trailer Parks (Chapter 17.36) (7) Huntington Beach Code for Abatement of Dangerous Buildings (Chapter 17.12) (8) Huntington Beach Electrical Code(Chapter 17.46) �- (9) Huntington Beach Mechanical Code (Chapter 17.40) M egis l adcw mmdev3/12/01/93 J �. (10) Huntington Beach Plumbing Code (Chapter 17.44) (11) Huntington Beach Oil Code(Title 15) . (12) Standing Water--Fences (Chapter 8.32) (13) Rubbish Abatement(Chapter 8.36) (14) Inoperable Vehicles (Chapter 8.48) (15) Planning laws (Huntington Beach Ordinance Code) (16) Zoning regulations (Huntington Beach Ordinance Code) (17) State and local environmental regulations (b) In addition to the foregoing,the director of community development shall perform other acts or duties, not inconsistent with the city Charter, as may be required by the city council or the laws of the state of California. (c) Whenever in this code, the Huntington Beach Ordinance Code, or any resolution, adopted by the city council,reference is made to the departments of building and community . development,planning, and environmental resources and/or the directors'of such departments, such references shall mean the department of community development sen4ees and the director of community development rem, . 3/legisl adcommdev3/12/01/93 ATTACHMENT #2 � MAAJV1 ADM Council/Agency Meeting Held: October 7, 2002 Deferred/Continued to: A proved ❑ Conditionally Approved ❑ Denied Tl.,R-City Clerk's U n ure 11 Council Meeting Date: October 7, 2002 Department D Number: o CITY OF HUNTINGTON BEACH - REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY U IL MEMBERS y' U SUBMITTED BY: RAY SILVER, City Administrator, — C J > PREPARED BY: RAY SILVER, City Administrator SUBJECT: ADOPT ORDINANCE ESTABLISHING THE DEPARTMENT OF INFORMATION SERVICES O roL, �o ,.`�,�cp� Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Information Services function is presently under the Fire Department with the Fire Chief serving as the Department Head. The oversight of the function is scheduled to change from the Fire Chief to a Department Head who will be hired in the position Information Services Director and reporting to the Assistant City Administrator. Rather than transferring the function to Administration, it is recommended that a new Department of Information Services be established by Ordinance that details department objectives and the duties and responsibilities of the Director. Funding Source: NIA Recommended Action: Adopt Ordinance No. �-�� An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 2.114 relating to the Department of Information Services. Alternative Action(s): Do not adopt the Ordinance and direct staff accordingly. �P , � Ci REQUEST FOR ACTION MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER: AS-02-37 Analysis: For the past four years, Information Services has been a function of the Fire Department with the Fire Chief as the designated department head. With the expansion of City technology needs and services, this function requires'a designated department head to focus on the City's technology priorities. In September 2001, City Council approved the operating budget for Information Services that included the position of Information Services Director. In September 2002, the City Council adopted the 2002-03 City budget including the operating budget for the Information Services Department and the compensation level for the department Director. The position of Information Services Director is a department head position authorized by City Council Resolution and excluded from the competitive service per Municipal Code Section 2.76.010(i). Avery Associates was contracted by the City to conduct an executive search to fill the position of Information Services Director. Additionally, Avery Associates conducted a salary review for the position and recommended compensation to effectively recruit the position. The salary range established is at the same level as four other City department head positions, pay grade 623, which is $8,451 to $10,469 per month. The recruitment for the position was opened on August 26, 2002 and closed on September 27, 2002. Avery Associates will present eight to twelve candidates from a pool of approximately 236 candidates to the City by November 1, 2002. It is anticipated that final interviews conducted by the City will be held soon thereafter, and an appointment made by the end of the year. As a newly created department, it is recommended that the City Council adopt an Ordinance establishing the Department of Information Services that provides the department,objectives and the duties and responsibilities of the department Director. Attachment(s): Ci _Page.Number No. Description 1 Ordinance No.3-3-,C3 RCA Author: Clay Martin d n.%Mr,A$-nnnn no%cr+n Ann'7n11 n. ,a:..- 10 .r_-, .4- n�oninnno�.��n•■ ORDINANCE NO. 3583 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.114 RELATING TO THE DEPARTMENT OF INFORMATION SERVICES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Chapter 2'.114 is hereby added to the Huntington Beach Municipal Code said chapter to read as follows: Chapter 2.114 DEPARTMENT OF INFORMATION SERVICES Sections: 2.114.010 Department Established 2.114.020 Director--Appointment 2.114.030 Department Objectives 2.114.040 Director--Powers and duties 2.114.050 Appointment of Subordinates 2.114.010 Department established. There is hereby created the Department of Information Services of the City of Huntington Beach. 2.114.020 Director--Appointment. The Director of Information Services shall be the head of the department and such Director shall be appointed by the City Administrator, subject to approval by a majority vote of the full City Council. 2.114.030 Department Objectives. The objectives of the Department shall be as follows: (a) Develop, implement, operate, and maintain technology systems for all City departments. (b) Direct,plan, organize and coordinate programs and activities of the Department of Information Services. 2.114.040 Director--Powers and duties. The Director shall have the following powers and duties: a) Plans, organizes and directs telecommunication and information services within the City of Huntington Beach. b) Develops, implements, and maintains a City technology plan. c) Implements, integrates, and administers technology hardware and software solutions. GAORDINANC\2002Unformation Services-chap 2114.DOC 1 Ord. No. 3583 d) Establishes and maintains a system of procedures for use and control of City technology systems. e) Prepares and administers the department budget. f) Such other acts or duties, not inconsistent with the City Charter, as maybe required by the City Council or the laws of the State of California. 2.114.050 Appointment of Subordinates. The Director,with the approval of the City Administrator, shall appoint all other officers, assistants, deputies and employees of the Department of Information Services. SECTION 2. Section 2.12.030(g) is deleted from the Municipal Code and Section 2.12.030(h) shall be redesignated as Section 2.12.030(g). SECTION '). 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 day of 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ZL=!� City Attorney Id' -01-,ov REVIEWED AND APPROVED: INITIATED AND APP OVED- sue' "R / City ministrator Director f Administra ve Services GAO itDINANC\2002Unformation Services-chap 2114.DOC 2 ATTACHMENT #3 CITY OF HUNTINGTON BEACH �d a if4 CLASS SPECIFICATION HUNTINGTON BEACH -----Jl . TITLE: Director of Information Services DATE: October, 2002 DUTIES SUMMARY -- Under administrative direction of the Assistant City Administrator, responsible for directing, planning, organizing, and managing the telecommunication and information services of the City. DISTINGUISHING CHARACTERISTICS -- This is a department head position. EXAMPLES OF ESSENTIAL DUTIES — Plans, assigns, controls, and supervises the operations of the department. Determines policies and procedures affecting the operation of Information Services. Develops, implements, and maintains a City technology plan. Develops, implements, operates, and maintains technology systems for all City departments. Establishes and maintains a system of procedures for use and control of City technology systems. Plans and directs the implementation of department programs and special projects. Implements, integrates, and administers technology hardware and software solutions. Performs and delegates authority to supervisors to engage in employment activities related to hiring, promotion, transfer, training, discipline, and termination. Evaluates employee performance and conducts performance reviews. Prepares, administers, and controls the department budget. Prepares and reviews requests for council action, studies, contracts and correspondence. Encourages and delivers quality customer service. Participates in the executive team of the City. Performs other related duties as assigned. The preceding duties have been provided as examples of the essential types of work performed within this job classification. City Council/Administration reserves the right to add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Knowledge of: Hardware and software systems on both mainframe and client- server platforms and insight on current trends in information technology; principles of budget development, administration, and control; principles and practices of basic supervision and employee evaluation; and principles and practices of quality customer service. Knowledge of municipal operations is helpful, but not required. Ability to: Plan, organize and direct the activities of technical and management- level employees performing a variety of functions; develop and implement policy; handle a variety of high level tasks concurrently; communicate effectively, both orally and in writing; administer and manage a department within the framework of the City Charter, City Council and City Administrator policies and direction, and legislation including ordinances, resolutions, rules and regulations; interact CITY OF HUNTINGTON BEACH CLASS SPECIFICATION HUNTINGTON BEACH effectively with a variety of individuals and groups including elected officials, employees and members of the general public; effectively supervise and lead staff members; work as a team member; deliver quality customer service. Education: A Bachelor's degree in Computer Science or a related field is required. A Masters degree in business or public administration, or a related field is highly desired. Experience: At least three full-time years of information technology management and five years of professional level experience in the computer/information systems technology field is required. The proven ability to communicate and implement technology programs and systems as a viable business solution is essential. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. ATTACHMENT #4 RESOLUTION NO. 2002-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE.ESTABLISHMENT OF CLASSIFICATION SPECIFICATIONS FOR APPOINTIVE DEPARTMENT HEAD POSITIONS WHEREAS, City Charter Section 401 provides that the City Administrator shall have the power to appoint and remove Department Heads with the approval of the City Council; and Huntington Beach Municipal Code Section 2.76.010 provides that appointive Department Heads are exempt from the City's personnel system and competitive service regulations; and Huntington Beach Municipal Code Section 2.72.070 provides that the Personnel Commission shall have the power to act in an advisory capacity to the City Administrator and the City Council regarding personnel administration, NOW, THERFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the City Administrator will obtain the Personnel Commission's advisory review and comment on the development of new classification specifications for exempt appointive Department Head positions. 2. That the City Council hereby reaffirms that such review and comment by the Personnel Commission shall not provide the appointive Department Head position any of the. rights,privileges or processes in the personnel system or competitive service regulations of the City. 3. That any such review and comment by the Personnel Commission is advisory only, and that the City Administrator is not obligated or required to accept, approve or implement any recommendations that may arise out of such review. 1 PDA:2002 Resol:department head recruitment Res. No. 2002-108 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 6th day of November. , 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Aitimey INITIATED, REVIEWED AND APPROVED: Cit dministrator 2 PDA:2002 Resol:department head recruitment Res. No. 2002-108 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 6th day of November, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and -ex-officio CI rk of the City Council of the City of Huntington Beach, California (12) November 6, 2002 -Council/Agency Agenda - Page 12 E-12. (City Council) Approve Affordable Housing Declaration of Conditions, Covenants and Restrictions Between the City and Southridge Homes for Property Located at 19172-B and 19172-C Holly Street(n/o Clay Avenue) Tract 15964 (13— Lot Single Family Residential Subdivision) ( . )—Approve the Declaration of Conditions, Covenants and Restrictions for Property(Re-Sale Restrictions) by and Between the City of Huntington Beach and Southridge Homes, a California General Partnership, and Authorize the Mayor and City Clerk to Sign, Execute and Record. Submitted by the Planning Director. Funding Source: Not applicable. Approved 7-0 E-13. (City Council) Receive & File Report from the October 16, 2002 Committee Meeting Regarding Procedure to Create New City Department Head Classifications ( . )— Receive and File the Report from the October 16, 2002 meeting held at direction of Council on October 7, 2002, relative to the past and present city procedure used to create new Department Head classification. Jointly submitted by the City Administrator and City Clerk. Funding Source: Not applicable. Approved 7-0 Received and F"ed by the City Council at its Meetinc ald November 6, 2002 with direction to Be attached to the minutes of said meeting. REPORT Z FROM THE OCTOBER 16, 2002 MEETING DIRECTED TO BE HELD BY THE CITY COUNCIL AT ITS OCTOBER 7, 2002 COUNCIL MEETING REGARDING AGENDA ITEM F-1 SUBMITED BY THE CITY CLERK RELATIVE TO THE PROCEDURE FOR THE CREATION OF NEW CITY DEPARTMENT HEAD POSITIONS Pursuant to City Council direction on October 7, 2002, a meeting was held between Mayor Debbie Cook, Councilmember Grace Winchell, City Clerk Connie Brockway, accompanied by George W. Shaeffer, Jr. Attorney at Law, City Administrator Ray Silver, Personnel Commission Chair Flint Morrison, Personnel Commission Vice Chair Rick Taylor, City Attorney Gail Hutton, Mike Miller, City Attorney's representative assigned to the Personnel Commission, Assistant City Attorney Paul D'Alessandro Assistant City Administrator William Workman, Administrative Services Director Clay Martin. As a result of this meeting an understanding was reached between the participants relative to the City Clerk's concern expressed in Agenda Item F-1 on the October 7, 2002 City Council Agenda regarding the change in procedure used by the city to establish a new city department head position. The City Attorney clarified that department head positions are, in addition to being exempt from the Competitive Services, are also exempt from the Personnel System of the City. It was clarified that establishment of a position description, and review by the Personnel Commission, for subsequent recommendation to the City Council, is no longer necessary and that an ordinance establishing the department is not required, although may be enacted. The City Clerk has the responsibility for maintaining all City Council adopted Resolutions. The last newly established City Department Head position (Director of Organizational Effectiveness)was created in 1999 by adoption of Resolution No. 99-10 amending the City Classification Plan. At the October 16, 2002 meeting attended by the above stated parties the City Clerk's concerns were understood due to her anticipation that a similar process would be used and a resolution establishing the position would be adopted by Council for maintenance in the official City Council records. It was agreed upon by all parties present that the portion of the City Administrator's report presented to the City Council at the October 7,2002 Council Meeting containing the statement"Additionally,the City Clerk's action as an elected official attempting to influence the personnel process is prohibited in Municipal Code Section 2.76.070 Use or threat to use political authority or influence—and setting forth the text of the code is withdrawn by the City Administrator. The City Clerk has the responsibility under the charter to maintain books recording all resolutions and that she relied upon Resolution No. 99-10 adopted February 16, 1999 as the process by which she could continue to maintain city resolutions of city personnel classifications. At the October 16, 2002 meeting it was agreed that necessary steps will be taken to correct the identified inconsistency. Following clarification by the City Attorney, the City Clerk now understands that since 1993,pursuant to a city ordinance, and in conformance with the City Charter, department head positions are exempt from the city's competitive service and the personnel system. As such, the City Charter does not require that new department head classifications and job descriptions be created,processed . through the Personnel Commission, and transmitted to the City Council to adopt by Resolution; that it is not required that departments be established by ordinance due to the exemption of department heads from the competitive service and from the City Personnel System. Pursuant to Municipal Code § 2.72.070,the Personnel Commission has the power to act in an advisory capacity to the City Council and the City Administrator on personnel administration. The City Clerk and the City Administrator mutually respect each other's roles, responsibilities and authority as defined in the City of Huntington Beach Charter and Municipal Code. The City Administrator and the City Clerk will continue to work with the City Council in their combined efforts to improve the overall quality of municipal service to the citizens of Huntington Beach. A copy of this Report shall be attached to the official minutes of this Council meeting. C:\MyDocuments\Brockway\JointStatement.004.doc CITY OF HUNTINGTON BEAVH MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 Council/Agency Meeting Held: 10-01'd2• Deferre Continued to: 5 2 1 0 2 s ' ❑ Approved ❑ Conditl°ona Navy- ❑ Denied ICJ. City.Clerk'1P ignature Council Meeting Date: October 7, 2002 Department ID Number: CK2002-13 ZV °" <%bl2- CITY OF HUNTINGTON BEACH /"SS✓P - �,0e6 REQUEST FOR ACTION B C(.f.k �i�1•SIWP4t'Y/� ' a �e'� �Co»+�s•�,eo "�' r Y asat co ,�/�j. ,lf.i4.11e — �•b,s <ar�.h►.L�4/C6�a,�P SUE6ITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS '—r�'ssT C��,osr�m�h GUo,• SUBMITTED BY: Connie Brockway, City Clerk S.RMicceJ D�� ,ka.�h., PREPARED BY: Connie Brockway, City Clerk SUBJECT: City Personnel Commission's Purpose and Functions Pursuant to City Council Resolution No. 3960 and Huntington Beach Municipal Code Chapter 2.72 Relative to the Amendment of the City Classification Plan to Create New Department Head Positions and Revisions to the Classification Plan Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: It is among the responsibilities of the City Clerk to maintain a complete record, through the years, of Resolutions adopted by the City Council which serve as the historical record of the City Classification Plan (Classification Plan of City Personnel as required by the City Charter.) The information that follows in this report is my official notification to the City Council that I will not be able to maintain an ongoing record of the history of the City's Classification Plan of City Personnel unless the process and procedure which is currently being disregarded, is once again followed. The Personnel Commission, formed by city law, is a seven-member body made up of persons residing in the city, and appointed at large by the City Council. These members through their professional background and expertise act in an advisory capacity to the City Council and City Administrator on Personnel Administration, including forwarding their recommendations to the City Council relative to creation of new city position classifications, and revisions to classifications. In addition, the Personnel Commission members hear appeals on grievance matters for final decision, hear appeals from decisions of the Administrative Services Director made pursuant to the employer-employee relations resolution, determine hearing procedures, select hearing officers and advisory arbitrators for hearings, and have other responsibilities as the Council may direct. Ir v ref (0&5Q., G:\RCA'S\2002rca\ck2002-13.DOT 2- 10/4/2002 2:50 PM F r REQUEST FOR ACTION MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 Analysis: Last month, it came to my attention through a magazine ad, that a recruitment is underway for a Department Head position, and that the position will be called Information Services Director. During the week, I expressed my concern to the City Administrator and Assistant City Administrator: (1) that the proposed classification had not been presented to the City Personnel Commission for public hearing and review as required by City Council Resolution No. 3960, (2) that class specifications had not been developed, (3) the job advertisement had not been posted on the City Hall Employment Available Posting Board as required by law, and (4) that there was no class specifications for the position in the City Employment Listings that the public looks at to determine if there are employment positions in the City for which they may be qualified to fill. These position classifications that are reviewed by the City Personnel Commission include Minimum Qualifications, Examples of Essential Duties, Educational Requirements, and Experience Required. When I expressed my concern to administration that the City Personnel Classification Plan amendment procedure had not been followed, I was informed that the new Department Head classification was approved by the City Council as a City Budget line item, and that the salary was also included by range number as a line item, and that is all that was needed. That the Personnel Commission review and recommendation to Council was not required. I had suggested that the recruitment be suspended, the applications received thus far kept, and then recruitment reopened after the proper procedure had been followed. I was informed that recruitment would proceed. The Assistant City Administrator informed me that he and his staff based their decision on the fact that Department Head positions are excluded from the competitive service, as they are at-will employees. The method and process by which new personnel classifications are created must be a matter of public record. This is critical for the City Clerk's Office to maintain City Council resolutions which show that a Personnel Commission public hearing has been held, that the fundamental reason for the existence of the classification has been demonstrated; that the position opening will be posted on the legal posting board and available in the list of City Employment Classifications that the public can access at the Personnel Department. As an example, to demonstrate the correct procedure, I have attached the class specification for the Department Head Classification — Director of Organizational Effectiveness, a department head position that was created in 1999. A public hearing on this classification was held before the City Personnel Commission (See attached Personnel Commission minutes dated January 20, 1999). The Personnel Commission, pursuant to City Council Resolution No. 3960 forwarded, through staff, this classification to the City Council. The City Council adopted Resolution No. 99-10 on February 16, 1999, and created the new Department Head position. The title of Resolution No. 99-10 is "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding Two New Classifications Entitled Principal Planner and Director of Research and Organizational Development." Note: (Principal Planner was a separate classification that had been presented to and reviewed by the Personnel Commission at their meeting.) 6conim,,ecl nertPo1e) G:\RCA'S\2002rca\ck2002-13.DOT 4_1 10/4/2002 2:50 PM CZ REQUEST FOR ACTION MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 I presented my concerns to the Personnel Commission at its September 18, 2002 meeting. This particular concern was urgent. However there are other concerns which some members of the Personnel Commission expressed at the meeting. I believe that should the following Recommended Action be approved by the City Council, the integrity of the process of the City Classification Plan will be maintained and that the standards, qualifications, educational requirements, and experience required for citizens wishing to fill City positions will be preserved. Fundinq Source: Not Applicable. Recommended Action: (1) Direct that the recruitment for a Department Head position of Information Services Director be temporarily suspended; and (2) Direct staff to prepare Class Specifications for presentation to the City Personnel Commission for review and public hearing, followed by the Personnel Commission's recommendation to the City Council to reject, modify or adopt said classification specifications by adopting a resolution; and (3) That should the City Council have concerns relative to the administration of the personnel system, that the City Council rely on "Huntington Beach Municipal Code Section 2.72.070 — Commission — Functions and duties: The Personnel Commission shall have the power and be required to: (b) 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." Alternative Action(s): As City Clerk, I do not believe there is an alternative action. However, if the City Council determines that the creation of this proposed new Department Head classification is not also required to be reviewed at a Personnel Commission public hearing, as was the procedure for the Director of Organizational Effectiveness department head position, I request that a motion to that effect be made. The motion will serve as the reason why the Office of the City Clerk can no longer maintain Council Resolutions adopting classification plan amendments. cc: Flint Morrison, Chair, City Personnel Commission Blanche Deight, Member of the City Personnel Commission Daniel P. Gooch, Member of the City Personnel Commission Matthew Hunt, Member of the City Personnel Commission Linda Kelly, Member of the City Personnel Commission Darrach Taylor, Member of the City Personnel Commission Richard Zeleznikar, Member of the City Personnel Commission G:\RCA'S\2002rca\W002-13.DOT 4- 10/4/2002 2:50 PM 3 REQUEST FOR ACTION MEETING DATE: October 7, 2002 DEPARTMENT ID NUMBER:CK2002-13 Environmental Status: Not Applicable. Attachment(s): City Clerk's Page Number No. Description City Council Approved Documents Proving that Creation of New Department Head Positions are Subject to Review by the City Personnel Commission 1. January 20, 1999 Official City Personnel Commission Meeting Minutes of the Public Hearing Held on the Proposed Amendment to City Classification Plan to Create the New Department Head Classification of Director of Organizational Effectiveness. 2. City Council Resolution No. 99-10 Adopted February 16, 1999 Amending the City's Classification Plan to Create the New Department Head Classification and Reporting that a Public Hearing had been held by the Personnel Commission and that the Personnel Commission was Recommending Adoption by Council. Note: Exhibit "A" to Resolution No. 99-10 is the Department Head Class Specification. 3. Official City Council Meeting Minutes dated February 16, 1999 Adopting Resolution No. 99-10 Approving the Amendment to the City Classification Plan. City of Huntington Beach Class Specification for Department Head 4. Position of Director of Organizational Effectiveness dated January 12, 1999 and Revised Classification Specification dated March 2001. RCA Author: C. Brockway G:\RCA'S\2002rca\ck2002-13.DOT -5- 10/4/2002 3:15 PM (15) October 7, 2002 - Cout.cil/Agency Agenda - Page 15 1_,fi 2 F. Administrative Items— None �^ F. Agenda Items Submitted by the Office of the City Clerk F-1. (City Council) City Personnel Commission's Purpose and Functions Pursuant to �l City Council Resolution No. 3960 and Huntington Beach Municipal Code Chapter l� 2.72 Relative to the Amendment of the City Classification Plan to Create New Department Head Positions and Revisions to the Classification Plan ( ) �? Communication from City Clerk Connie Brockway transmitting the following Statement of Issue: It is among the responsibilities of the City Clerk to maintain a complete record, through the years, of Resolutions adopted by the City Council which serve as the historical record of the City Classification Plan (Classification Plan of City Personnel as required by the City Charter.) The information that follows in this report is my official notification to the City Council that I will not be able to maintain an ongoing record of the history of the City's Classification Plan of City Personnel unless the process and procedure which I believe is currently being disregarded, is once again followed. Last month, it came to my attention through a magazine ad, that a recruitment is underway for a Department Head position, and that the position will be called Information Services Director. During the week, I expressed my concern to the City Administrator and Assistant City Administrator: (1) that the proposed classification had not been presented to the City Personnel Commission for public hearing and review as required by City Council Resolution No. 3960, (2) that class specifications had not been developed, (3) the job advertisement had not been posted on the City Hall Employment Available Posting Board as required by law, and (4)that there was no class specifications for the position in the City Employment Listings that the public looks at to determine if there are employment positions in the City for which they may be qualified to fill. These position classifications that are reviewed by the City Personnel Commission include Minimum Qualifications, Examples of Essential Duties, Educational Requirements, and Experience Required. The method and process by which new personnel classifications are created must be a matter of public record. This is critical for the City Clerk's Office to maintain City Council resolutions which show that a Personnel Commission public hearing has been held, that the fundamental reason for the existence of the classification has been demonstrated; that the position opening will be posted on the legal posting board and available in the list of City Employment Classifications that the public can access at the Personnel Department. Recommended Action: Motion to: 1. Direct that the recruitment for a Department Head position of Information Services Director be temporarily suspended; and 2. Direct staff to prepare Class Specifications for presentation to the City Personnel Commission for review and public hearing, followed by the Personnel Commission's recommendation to the City Council to reject, modify or adopt said classification specifications by adopting a resolution; (Continued on Next Page) (16) October 7, 2002 - Coun ;il/Agency Agenda - Page 16 and 2 6f 2 3. That should the City Council have concerns relative to the administration of the personnel system, that the City Council rely on "Huntington Beach Municipal Code Section 2.72.070 —Commission — Functions and duties: The Personnel Commission shall have the power and be required to: (b) Make any investigation upon request of the City Council concerning the administration of the personnelll . system and report its findings to the City Council and City Administrator." V Continued to a meeting of two Councilmembers, Personnel Commission Chair and others at future date prior to returning to Council at 10121102 meeting. Approved 5-0-2 (Dettloff absent; Houchen out of room) F- . (City Coun it Re guest for 1 dU Council to Affirm T t the Mayor an he Cit Clerk Coro to Officers of the of Huntington Beac are the Ci Officers to xecute All Gr t Deeds Conveying it Owned Property t Individuals or tities• 2 Auth ize the Mayor and Clerk to Execute th Grant Deed Co a in Assesso 's Parcel #949-130- -4 Located in the Cit f Murrieta to th City o urrieta ( ) Commun' ation from City I rk Connie Brockway, transmitting the followin Statement of Issue: A City Clerk I am r uesting that the City ouncil confirm that onl he Mayor and the City Perk can execute a rant Deed selling or therwise conveying cit wned roperty. This h been the procedure for the 33 years of\ employment in the ntington Beach y Clerk's Office as a Deputy City Clerkrnd now as elected Cit Cl e Deeds of city o ned property, coming to the city, or bean sold by the city requir proce ural action by the ity Clerk. In the case of the city acquirin real property, a City Clerk's ertificate of ptance required by Resolution No. 3537 hall be affixed to the deed p 'or to ownership b the city and recordation. Deeds of city o ned property to be sold or of rwise conveyed o direction of the City Council must be ex uted by the Mayor and City lerk. Recommended A tion: Motion to: 1. Authorize the Ma �p r and City Clerk to execute a Grant Deed conveying real p perty om the City of Huntington Beach to the City of Murrieta Assessor's Parcel # 9-130-019-4. (Re %rence: City Deferred Compensation Plan, Real Estate Real Prop rty Portfolio); (1) A equest of City Clerk, motion made to reconsider con " uance of Ite 1. Approved\5-0-2 (Dettloff�absent; Houch out of roo \ Motion de to autho " e the Mayor a d City Clerk to xecute. proved 5-0- Dettloff abs , Houchen out of ro m) and (Continued on Next Page) ATTACHMENT 1 1 MINUTES City Of Huntington Beach se-e, pplCr 4�02 PERSONNEL COMMISSION For pabll L 4e_Aril .January 20, 1999 1. CALL TO ORDER: Commissioner Harden called Commission meeting to order at 5:35 p.m. Roll Call: Present— Commissioners Aldridge, Harden, Morrison, Taylor, Ward, and Zeleznikar. Absent: - Commissioner Bogen. Staff Present: William H, Osness, Secretary to Commission; and Vicky Berg, Principal Personnel Analyst. Also present was Jeffrey Freedman, Special Counsel to the Commission. 2. PUBLIC COMMENTS - None 3. APPROVAL OF MINUTES Morrison motioned to receive and file Minutes of December 16, 1998, Commission meeting as submitted. (Passed 6-0) 4. OLD BUSINESS Morrison motioned to set aside agenda and begin discussions on Item 4-B. (Passed 6-0) B. Personnel— Confidential— Disciplinary Hearing in Accordance with Personnel Rule 20— Supplemental Findings and Recommended Decision of Hearing Officer Howard S. Block regarding Grievance No. 96-05. A discussion was held with regard to the various options available to the Commission in addressing this case. Chairperson Harden closed the public hearing at 5:45 P.M. Harden opened the meeting again at 5:49 P.M. and announced the Commission's motion to adopt supplemental finding and recommendation, thereby adopting recommendation of Hearing Officer. (Passed 6-0) A. Proposed Revision of Personnel Commission Disciplinary Hearing Procedures Discussion was held regarding Option 1 versus Option 2, as proposed in the memo from Osness dated December 28,1998. Chairperson Ward reminded Commission that the original goal of the changes was to simplify the procedures. He felt that by allowing exhibits, as attachments would place the issue right back to where they had originally started. Morrison moved to accept Option 1 and direct the Personnel Director to place insert into the procedures. (Passed 5-1; Nay-Zeleznikar) Osness informed Commission that the procedures will be rewritten to reflect changes and revised copies will be sent out with each notice. 5. NEW BUSINESS Morrison motioned to move agenda down to item 5-C. (Passed 6-0) C. Non-Disciplinary Hearing in Accordance with Personnel Rule 19— Compliance of Timeliness of the City's Personnel Rules. w Personnel Commission Minutes January 20, 1999 Page 2 of 2 Osness presented City's position explaining that the grievance is not disciplinary. Therefore, briefs were not necessary. However, the City would not object to a continuance. Employee's attorney stated they did not need a continuance if viewed by.Commission as a non-disciplinary matter. Morrison motioned to support Hearing Officer report. .(Passed 6-0) A. Public Hearing—Amendment to Classification Plan— Personnel Rule 12—Add New Classification— Principal Planner Osness presented background and reason position was created. He highlighted the organizational changes that had occurred and the importance of having someone in charge of day to day operations. Morrison motioned to adopt the new classification of Principal Planner and amend the Classification Plan accordingly. (Passed 6-0) B. Public Hearing—Amendment to Classification Plan— Personnel Rule 12—Add New Classification— Director of Research & Organizational Development. Berg presented background and reason position was created. She highlighted the important role this position would assume in carrying out the City's commitment to improve organizational processes and procedures as well as improve both internal and external' customer service. Morrison motioned to adopt the new classification of Director of Research and Organizational Development and amend the Classification Plan accordingly. .(Passed 6-0) 6. COMMENTS FROM COMMISSIONERS Morrison requested that all offices be notified as to change of Commissioners and new Chairperson. 7. COMMENTS FROM SECRETARY Osness informed Commission that Council members Harmon, Sullivan and Julian will oversee the Personnel Commission. Commission agenda packets will be provided to them every month. 8. INFORMATIONAL ITEMS - Received 9. ADJOURNMENT - Chairperson Harden adjourned the Commission meeting at 6:52 p.m. to 5:30 p.m. on February 17, 1999. Minutes Submitted by: William H. Osness Secretary to the Commission ATTACHMENT 2 RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO AMEND THE CITY CLASSIFICATION PLAN BY ADDING TWO NEW CLASSIFICATIONS ENTITLED PRINCIPAL PLANNER_- AND DIRECTOR OF RESEARCH &.ORGANIZATIONAL DEVELOPNIENT AND DELETING THE CLASSIFICATION OF HOUSING FINANCE SPECIALIST WHEREAS,the Personnel Commission of the City of Huntington Beach con cted_a duly noticed public hearing at its meeting of January 20, 1999,pursuant to the provisions of Personnel Rule 12-4, and at the conclusion of that public hearing,recommended to the City Council that the classifications of Principal Planner and Director of Research&Organizational Development be added and the classification of Housing Finance Specialist be deleted; and The Class Specifications for Principal Planner and Director of Research& Organizational Development are attached as Exhibit A; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1. The City Classification Plan is hereby amended by adding the . classifications reflected herein below: New Classifications Principal Planner Director of Research and Organizational Develo mp ent Section 2. The City Classification Plan is amended by deleting the classification of Housing Finance Specialist. Section 3. All other provisions of the Classification Plan shall remain the same. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a . regular meeting thereof held on the 16th day of FebruW199 Mayor ATTEST: APPROVED AS TOO FORM: City Clerk City Attorney a REVIEWED AND APPROVED: INITIATED AND APPROVED: 62e=�2ceop_ x -_b4a City AdInlinistrator Di ector of Administrative Services F/:PCD•Reso]ution:C1as0203 CZkh�G<� �l 12e_,r -fie . 5lf-/a CITY OF HUNTINGTON BEACH G� CLASS SPECIFICATION, HUNTINGTON BEACH TITLE: Director of Organizational Effectiveness DATE: January 12, 1999 DUTIES SUMMARY -- The fundamental reason for the existence of this classification is to provide organizational development, communication and research services that meet the identified needs of individual department and citywide change efforts and goals. Areas of responsibility include process-mapping, research, training, legislative affairs, grantsmanship and managed competition, to obtain optimum efficiency and economy of operations. DISTINGUISHING CHARACTERISTICS -- This position is a department head reporting directly to the City Administrator, responsible for organizational development, management and research programs. Incumbent must exercise considerable independence of action and judgement in performing duties, which involve the development, coordination, and implementation of organizational development and change initiatives that assure city workforce is prepared to meet or exceed performance goals. EXAMPLES OF ESSENTIAL DUTIES -- Plans, develops and implements organization policies and goals; conducts related research and needs analysis studies which result in recommendations and implementation of appropriate action to assure organizational effectiveness; oversees and coordinates the managed competition, process mapping and improvements programs; develops methods/vehicles for improving internal communications; serves as internal consultant with line management to provide customized solutions for various departments; compiles data and analyzes past and current year performance trends to prepare budgets and justify funds requested; formulates training policies, programs and schedules, based on knowledge of identified training needs, organizational processes, procedures or services; researches and selects outside consultant trainer to conduct training in specific topics; coordinates and evaluates training work performed by contractors and vendors; drafts applications and proposals to submit to fund granting authorities such as government agencies and foundations; coordinates citywide grantsmanship and intergovernmental relations effort; confers with administrative personnel and reviews activity and operating reports to determine changes in programs or operations required; works with administrators, department heads and managers to survey and assess employee development needs; develops and maintains reporting systems to monitor departmental and employee progress toward achieving organizational goals; develops employee motivational programs; provides internal leadership consulting on employee and organizational development; facilitates the alignment of individual development objectives and organizational objectives; prepares reports and correspondence; performs other related duties. CITY OF HUNTINGTON BEACH , �y CLASS SPECIFICATION HUNTINGTON BEACH TITLE: Director of Organizational Effectiveness_ DATE: January 12, 1999 The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Knowledge of: The principles, methods and procedures utilized in; organizational development, communication processes in complex organizations, process mapping, professional ethics of group interaction and interpersonal dynamics, organizational problem solving, conflict resolution, management, supervision and research. Ability to: Plan, organize, develop and implement comprehensive organization and staff development programs; .establish and maintain credibility with . employees, supervisors, and managers; model behavior that is consistent with the organization values. and basic principles; analyze problems and recommend methods of resolution and change; perform the role of facilitator and effectively utilize group dynamic skills and techniques; present information to groups in an organized and timely manner; supervise the performance of in-house volunteers and contract instructors; communicate effectively verbally and in writing; work cooperatively with others. Education: Bachelor's degree in public administration, public policy, business administration, organizational development, industrial/organizational psychology or related field. Master's degree and/or continuing education in a field related to management or organizational development is preferred. Experience: Five years as manager or supervisor in a local government including workingknowledge of organizational development tools, �lintergovernmental relations and grantsmanship.' Prior experience and proven accomplishments in organizational development program design, implementation and maintenance highly desirable. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. .1nh .qnacificatinn Cataloaue/Page Ref. 90 2 of 2 6/22/99 3:04 PM CITY OF HUNTINGTON BEACH >� CLASS SPECIFICATION HUNTINGTON BEACH TITLE: Principal Planner DATE: January, 1999 DUTIES SUMMARY—The fundamental reason this classification exists is to manage, supervise, and coordinate operations of the various sections of the Planning Department. DISTINGUISHING CHARACTERISTICS —The Principal Planner is a single position classification responsible for coordinating the day to day activities of the Planning Department and insures that decision making among the various sections of the Department is internally consistent and in accordance with State and municipal statues. Coordinates work programs and priorities. Directly supervises staff in the Planning Department. The incumbent works under the direction of the Planning Director. EXAMPLES OF ESSENTIAL DUTIES — Manages, directs and organizes planning activities; coordinates planning activities with other City departments; assigns work activities, projects and programs; monitors. work flow; reviews and evaluates work products; methods and procedures. Coordinates and resolves issues with other departments. Represents the City in the Planning Director's absence at the Coastal Commission, City Council and Planning Commission and other City Advisory Boards. Responsible for training existing staff and new staff as to how the Zoning and Subdivision Ordinance should be interpreted and other technical issues relating to planning. Responsible for being lead staff member to the Planning Commission and advising the Commission of all land use issues. Assists and advises the Planning Director on the preparation of the Planning Department budget. Reviews all staff reports to the Planning Commission and City Council. Recommends and administers policies and procedures of the department. Performs other related duties as assigned. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Knowledge of: Professional standards, principles, and practices of urban planning and development; program management techniques including the planning and coordinating of work activities; principles and practices of supervision including performance evaluation; contract administration; personnel policies and procedures; applicable local, State, and Federal regulations; project management and cost control; research methods as applied to the collection and analysis of data pertinent to the planning and environmental areas; descriptive 0025977.01/Catalogue Reference 143 1/13/99 3:52 PM CITY OF. HUNTINGTON BEACH - CLASS SPECIFICATION: ; HUNTINGTON BEACH TITLE: Principal Planner DATE: January 1999 statistics; safety issues and liability reduction; budgetary planning, preparation, and control; related computer software including spreadsheet and word processing packages. Ability to: Administer the various sections of the Planning Department; plan, coordinate and supervise program activities and personnel; analyze problems and seek resolutions to conflicts; read, interpret and implement policies, laws, ordinances, rules and regulations; provide and utilize written and oral instructions, ensure safety and professional work standards are met; communicate and interact effectively both verbally and in writing with elected officials, the public, applicants, developers, and staff; prepare and administer a budget; work independently; deliver quality customer service; propose and administer change. Education: Equivalent to a Bachelor's degree from an accredited college or university with major coursework in city planning or a related field. A Master's degree in planning or a related field will substitute for one year of the required experience. Experience: Six years of progressively responsible experience performing professional planning work, including four years supervisory or lead experience. License/Certificate Required: Valid California Driver's License. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS: See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. 0025977.01/Catalogue Reference 142 1/13/99 3:50 PM Res. No. 99-10 STATE OF CALIFORNIA ) COUNTY OF ORANGE . ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of February, 1999 by the following vote: AYES: Julien,Bauer, Garofalo, Green,Dettloff,Harman, Sullivan NOES: None ABSENT: None ABSTAIN: None C�s3ss�•G City Clerk and ex-officio Clerf of the City Council of the'City of Huntington Beach, California ATTACHMENT 3 3 02/16/99 - Council/AgencyMinutes- Page 11 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-10 —APPROVED AMENDMENT TO CITY CLASSIFICATION PLAN BY ADDITION OF TWO CLASSES (PRINCIPAL PLANNER) (DIRECTOR OF RESEARCH & ORGANIZATIONAL DEVELOPMENT) — DELETION OF ONE CLASS (HOUSING FINANCE SPECIALIST) (700.10) —Adopted Resolution No. 99-10— 'A Resolution.of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding Two New Classifications Entitled Principal Planner and Director of.Research & . Organizational Development and Deleting the Classification of Housing Finance Specialist." (CITY COUNCIL) AFFORDABLE HOUSING COVENANTS AND REIMBURSEMENT AGREEMENTS FOR THE PROMENADE AND CAPE ANN PROJECTS IN HOLLY- J SEACLIFF -TRACT NOS. 15520 & 15531 - OLSON COMPANY/JOHN LAING HOMES (W.L. I HOMES) (600.10)— 1. Approved and authorized execution of the First Amendment To Declaration Of Conditions, Covenants, And Restrictions For Property to the affordable housing covenant and the Reimbursement Agreement for Promenade (The Olson Company) by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder the first amendment to the affordable housing covenant, and 2. Approved and authorized execution of Declaration Of Conditions, Covenants And Restrictions For Property(Resale Restrictions) the affordable housing covenant and Reimbursement Agreement for Cape Ann (John Laing Homes) by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder the affordable housing covenant. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH LAWRENCE ASSOCIATES FOR PLANNING SERVICES (CONTRACT PLANNER FOR PLANNING. DEPARTMENT) FOR THE PALM AND GOLDENWEST AREA - APPROVED WAIVER OF PROFESSIONAL LIABILITY INSURANCE (600.10)-Approved the Professional Services Contract with the Settlement Committee recommendation to waive professional liability (insurance) between the city and Lawrence Associates subject to mutual agreement by the city and Lawrence Associates and authorized the Mayor and City Clerk to execute. Mayor Pro Tern Garofalo abstained from voting on the following item. (Agenda Item E-12): (CITY COUNCIL) APPROVED REQUEST FOR LETTER TO BE SENT TO APPROPRIATE FEDERAL OR STATE LEGISLATORS VOICING THE CITY POSITION REGARDING PENDING LEGISLATION WHICH IS BEFORE THE FEDERAL OR STATE GOVERNMENT FOR CONSIDERATION—AB-64— PUBLIC BEACH ENHANCEMENT —SB-10— STREETS AND HIGHWAYS — OPPOSE AB-83— HOME BUSINESS LICENSE FEES EXEMPTION—OPPOSE MANDATING SOCIAL SECURITY COVERAGE FOR STATE & LOCAL EMPLOYEES (120.70) —Approved the following actions: 1. Authorized the Mayor to send a letter to the author and appropriate State Legislative Committees that express support for AB-64 (Ducheny)and SB-10 (Rainey). 2. Authorized the Mayor to send a letter to the author and appropriate State Legislative Committees that express opposition to AB-83 (Cardenas). 3. Authorized the Mayor to send a letter to Congressman Dana Rohrabacher and the entire California congressional delegation requesting their opposition to the proposal before Congress to mandate that all state and local governments become participants in the federal social security program. 281 ATTACHMENT 4 ?ale "_If a CITY OF HUNTINGTON BEACH CLASS SPECIFICATION HUNTINGTON BEACH TITLE:-: Director of Organizational Effectiveness DATE: January 12, 1999 DUTIES SUMMARY -- The fundamental reason for the existence of this classification is to provide organizational development, communication and research services that meet the identified needs of individual department and citywide change efforts and goals. Areas of responsibility include process-mapping, research, training, legislative affairs, grantsmanship and managed competition, to obtain optimum efficiency and economy of operations. DISTINGUISHING CHARACTERISTICS -- This position is a department head reporting directly to the City Administrator, responsible for organizational development, management and research programs. Incumbent must exercise considerable independence of action and judgement in performing duties, which involve the development, coordination, and implementation of organizational development and change initiatives that assure city workforce is prepared to meet or exceed performance goals. EXAMPLES OF ESSENTIAL DUTIES -- Plans, develops and implements organization policies and goals; conducts related research and needs analysis studies which result in recommendations and implementation of appropriate action to assure organizational effectiveness; oversees and coordinates the managed competition, process mapping and improvements programs; develops methods/vehicles for improving internal communications; serves as internal consultant with line management to provide customized solutions for various departments; compiles data and analyzes past and current year performance trends to prepare budgets and justify funds requested; formulates training policies, programs and schedules, based on knowledge of identified training needs, organizational processes, procedures or services; researches and selects outside consultant trainer to conduct training in specific topics; coordinates and evaluates training work performed by contractors and vendors; drafts applications and proposals to submit to fund granting authorities such as government agencies and foundations; coordinates citywide grantsmanship and intergovernmental relations effort; confers with administrative personnel and reviews activity and operating reports to determine changes in programs or operations required; works with administrators, department heads and managers to survey and assess employee development needs; develops and maintains reporting systems to monitor departmental and employee progress toward achieving organizational goals; develops employee motivational programs; provides internal leadership consulting on employee and organizational development; facilitates the alignment of individual development objectives and organizational objectives; prepares reports and correspondence; performs other related duties. CITY OF HUNTINGTON BEACH LAO CLASS SPECIFICATION I LIP ` HUNTINGTON BEACH TITLE: Director of organizational Effectiveness DATE: January 12, 1999 The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Knowledge of: The principles, methods and procedures utilized in; organizational development, communication processes in complex organizations, process mapping, professional ethics of group interaction and interpersonal dynamics, organizational problem solving, conflict resolution, management, supervision and research. Ability to: Plan, organize, develop and implement comprehensive organization and staff development programs; establish and maintain credibility with employees, supervisors; and managers; model behavior that is consistent with the organization values and basic principles; analyze problems and recommend methods of resolution and change; perform the role of facilitator and effectively utilize group dynamic skills and techniques; present information to groups in an organized and timely manner; supervise the performance of in-house volunteers and contract instructors; communicate effectively verbally and in writing; work cooperatively with others. Education: Bachelor's degree in public administration, public policy, business administration, organizational development, industrial/organizational psychology or related field. Master's degree and/or continuing education in a field related to management or organizational development is preferred. Experience: Five years as manager or supervisor in a local government including working knowledge of organizational development tools, intergovernmental relations and grantsmanship.j Prior experience and proven accomplishments in organizational development program design, implementation and maintenance highly desirable. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. Job Specification Catalogue/Page Ref. 90 2 of 2 6/22/99 3:04 PM ' • C�ao,so6. drvP� ;�rny, '�sann�l L� a�1S„2�1f- �'ev�secQ. Ma��t, �cY�� CITY OF HUNTINGTON BEACH �tR CLASS SPECIFICATION HUNTINGTON BEACH TITLE: Director of Organizational Effectiveness DATE: March, 2001 DUTIES SUMMARY — The fundamental reason for the existence of this classification is to provide organizational development, communication and research services that meet the identified needs of individual department and citywide change efforts and goals. Areas of responsibility include process-mapping, research, training, and managed competition, to obtain optimum efficiency and economy of operations. DISTINGUISHING CHARACTERISTICS — This position is a department head reporting directly to the City Administrator, responsible for organizational development, management and research programs. Incumbent must exercise considerable independence of action and judgement in performing duties, which involve the development, coordination, and implementation of organizational development and j change initiatives that assure city workforce is prepared to meet or exceed performance goals. EXAMPLES OF ESSENTIAL DUTIES — Plans, develops and implements organization policies and goals; conducts related research and needs analysis studies which result in recommendations and implementation of appropriate action to assure organizational effectiveness; oversees and coordinates the managed competition, process mapping and improvements programs; develops methods/vehicles for improving internal communications; serves as internal consultant with line management to provide customized solutions for various departments; compiles data and analyzes past and current year performance trends to prepare budgets and justify funds requested; formulates training policies, programs and schedules, based on knowledge of identified training needs, organizational processes, procedures or services; researches and selects outside consultant trainer to conduct training in specific topics; coordinates and evaluates training work performed by contractors and vendors; drafts applications and proposals to submit to fund granting authorities such as government agencies and foundations; confers with administrative personnel and reviews activity and operating reports to determine changes in programs or operations required; works with administrators, department heads and managers to survey and assess employee development needs; develops and maintains reporting systems to monitor departmental and employee progress toward achieving organizational goals; develops employee motivational programs; provides internal leadership consulting on employee and organizational development; facilitates the alignment of individual development objectives and organizational objectives; prepares reports and correspondence; performs other related duties. CITY OF HUNTINGTON BEACH 1�t3 CLASS SPECIFICATION HUNnNGTON BEACH The preceding duties have been provided as examples of the essential types of work performed j by positions within this job classification. The City, at its discretion, may add, modify, change or E rescind work assignments as needed. } MINIMUM QUALIFICATIONS: Knowledge of: The principles, methods and procedures utilized in; organizational development, communication processes in complex organizations, process mapping, professional ethics of group interaction and interpersonal dynamics, organizational problem solving, conflict resolution, management, supervision and research. ' Ability to: Plan, organize, develop and implement comprehensive organization and staff development programs; establish and maintain credibility with employees, supervisors, and managers; model behavior that is consistent with the organization values and basic principles; analyze problems and recommend methods of resolution and change; perform the role of facilitator and effectively utilize group dynamic skills and techniques; present information to groups in an organized and timely manner; supervise the performance of in-house volunteers and contract instructors; communicate effectively verbally and in writing; work cooperatively with others. II Education: Bachelor's degree in public administration, public policy, business f administration, organizational development, industrial/organizational psychology or a related field. Master's degree and/or continuing education in a field related to management or organizational development is preferred. Experience: Five years as manager or supervisor in a local government including working knowledge of organizational development tools. Prior experience and proven f accomplishments in organizational development program design, implementation and maintenance highly desirable. t PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS -- See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. 0043 RCA ROUTING SHEET INITIATING DEPARTMENT: City Clerk's Office SUBJECT: City Personnel Commission's Purpose and Functions Pursuant to City Council Resolution No. 3960 and Huntington Beach Municipal Code Chapter 2.72 Relative to the Amendment of the City Classification Plan to Create New Department Head Positions and Revisions to the Classification Plan COUNCIL MEETING DATE: October 7, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorney Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial 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: SpaceOnly) RCA Author: C. Brockway �[IL CITY OF HUNTINGTON BEACH COUNCIL - ADMINISTRATOR COMMUNICATION _\ RECEIVED FROM " AND MADE A PART OF THE R CQ�iD AT THE COUNCIL MEETING OF, '`. 1=S 1__ OFFICE OF THE CITY CLERK TO: Mayor and City Council CONNIE BROCKWAY,CITY CLERK FROM: Ray Silver, City Administrator SUBJECT: Information Services Director Recruitment— 10/7/02 Agenda Item F-1-Alternative Recommendations DATE: October 7, 2002 We are currently recruiting for a Department Head to lead the City's Information Services function. This position is exempt from the normal personnel procedures for City employment because, as a Department Head, the Municipal Code Section 2.76.010 excludes it from the personnel system and competitive service regulations. The City Administrator is responsible for the appointment and the City Council is responsible for the approval of any person for the position. The exclusion from the 'civil service' regulations is ratified by the execution of an employment agreement with the appointed Department Head. Without my knowledge, the City Clerk placed item F-1 on the City Council agenda seeking to suspend the recruitment for the Information Services Director position, redirect the position to be handled as a 'civil service' position under the Personnel Commission and cause the Personnel Commission to initiate an investigation of the matter. While I respect the record keeping duties of the City Clerk, the authority for the hiring of Department Heads is vested in the City Administrator. The City Clerk's report to the City Council omits mentioning any of the Charter and Municipal Code points of authority that clearly confirms the City Administrator's powers in this area. The Charter states in Section 401 that the City Administrator shall have the power to appoint Department Heads. The Municipal Code in Section 2.72.040 authorizes the Administrative Services Director to administer the personnel functions. No Department Head appointment powers or personnel administration authorities are vested in the City Clerk's Office. Section 403 of the Charter states that City Council may authorize employees by ordinance or resolution. Resolutions 2001-60 and 2002-89 adopting the budgets for 2001-02 and 2002-03 included approval of the Information Services Director position. While not required in the City Charter and the Municipal Code, Agenda Item G-2d is an ordinance that establishes the Information Services Department and further defines the duties of the position. The appointment of a Director and employment agreement will be presented to the City Council for action in December. Additionally, the City Clerk's action as an elected official attempting to influence the personnel process is prohibited in Municipal Code Section 2.76.070 Use or threat to use political authority or influence. That section reads: 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. Mrs. Brockway's actions confuse the personnel process and cross over the line that has delineated the separation of powers between the record keeping responsibilities of the elected City Clerk and the administrative responsibilities of the appointed City Administrator. Included, as an attachment is a staff report and legal opinion on the matter. In response to the City Clerk's analysis, which states that the newly approved position of Information Services Director is included in the personnel system and overseen by the Personnel Commission, I respectfully disagree. City of Huntington Beach Charter Section 403 PERSONNEL states "By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system, provided, however, that once included within the system, no officer or employee shall be withdrawn therefrom (unless the office or position is actually abolished or eliminated) without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition." Municipal Code Section 2.76.010 Exclusions from competitive service states that "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 competitive service except: . . . (i) appointive Department Heads". The portion of this Ordinance related to Department Heads became effective January 1, 1994 and thereafter exempted all new appointive Department Heads from the personnel system. As discussed with the City Council at that time, the above referenced City Charter Section precludes any officer or employee from being withdrawn from the personnel system, however, it was stated that once the current officer or employee vacates said position, the next hired into the position would be exempt pursuant to Municipal Code Section 2.76.010 (i). Since there is a difference of opinion regarding the status of positions as opposed to employees at the Department Head level, staff will proceed in this instance to the Personnel Commission if my alternative recommendations are approved. Alternative Recommendations to City Council Agenda Item F-1 (10/7/02) 1) The City Council deny the City Clerk's recommended actions in item F-1. 2) The City Council adopt the following protocol: All agenda items from appointed and elected department heads shall be reviewed and approved by the City Administrator prior to being placed on a City Council agenda for consideration, except for those items defined and mandated for department heads to report to the City Council under the Charter, Municipal Code and adopted Resolutions. 3) The City Council direct the Mayor, City Clerk, City Attorney and City Administration to discuss the separation of powers and the exempt personnel status of the Information Services Director position. CC: City Attorney City Clerk City Treasurer Assistant City Administrator Department Heads IP <<s CITY OF HUNTINGTON BEACH Office of the City Administrator TO: Ray Silver, City Administrator FROM: William P. Workman, Assistant City Administrator SUBJECT: IS Director Recruitment Process DATE: September 19, 2002 Summary ` The Information Services Director job is a budgeted department head position `exempt' under the Municipal•Code and the Personnel Rules as well as excluded from Personnel Commission review. Background The recruitment for a Director of Information Services is presently.underway. This position and its compensation were first approved in the 2001-02 City budget. The City Council adopted the budget by resolution in September of 2001. The City Council adopted the 2002-03 budget in September 2002 by resolution again authorizing the position and compensation. The City Council actions to authorize the position conform to the Charter provision (section 403 sentence one) calling for employees to be approved by resolution and conform to the Charter provision (section 403 sentence two) calling for the compensation for employees to be approved by resolution. The Charter (section 403 sentence five) calls for an ordinance designating employees who shall be included in the personnel system. Municipal Code section 2.76.010 lists nine categories of officers and employees excluded from personnel competitive service regulations ie. elected officials, persons under contract, appointive department heads. The IS Director position is designated as an appointive Department Head position pursuant to municipal ordinance code section 2.76.010 (i) and therefore is exempt from the personnel system and is excluded from the City's competitive service regulations. As defined by the Personnel Rules in Section 4-12, the competitive service is "The positions and classifications which are included within the personnel system by ordinance, as provided by the City Charter." The City Administrator is assigned the power in the Charter to appoint department heads (section 401 a), administer rules and regulations (section 401 f), ensure compliance by the City with the Charter (section 401 g) and exercise control of all administrative offices (section 401 h) including the personnel division. The Administrative Services Director administers the code provisions relating to personnel and city employees under municipal code section 2.72.040 (sentence one). The work to seek an IS Director position was initiated after the City Council approved contract with Avery Associates to conduct an executive search and it was determined that the position was 1) excluded from the competitive service 2) authorized by City Council resolution 3) approved for compensation by City - Council resolution 4)defined with job duties and-responsibilities for a job flyer. The Personnel Commission acts in an advisory capacity to the City Council and City Administrator on personnel system matters defined in Municipal Code section 2.72.070. The Personnel Commission does not have the authority in the Municipal Code or in the Charter or Personnel Rules to approve a job classification, compensation or recruitment process for an exempt position. The IS Director position is exempt from the purview of the Personnel Commission since by ordinance it is an excluded position. Under section 2.72.070 (sentence four), the Administrative Services Director should not take the IS Director position to the Personnel Commission, since their approval would be inconsistent with the provisions of the City Charter and it would undermine the exempt status of the position. The Information Services function is presently under the Fire Department. The oversight of the function will be assigned to the City Administrator's Office when the IS Director is hired. Rather than transferring the IS Division to the City Administrator's Office, I recommended that anew Department be created. Each new City Department is established by ordinance. Consequently, prior to the hiring of an Information Services Director, the City Council will be asked to adopt an ordinance establishing the department. This intent was expressed in the job announcement prepared by Avery Associates. I expect that the ordinance will be ready for your review this month and City Council approval next month. Additionally next month, the salary range will be set by resolution for the compensation approved by the City Council. The recruitment will culminate with the City Administrator appointing an IS Director as Department Head for the new department and the Council approving the appointment under the Charter (section 401 a). The City Council would also approve an employment contract that further defines the positions responsibilities, compensation and affirms the exempt status of the position. Conclusion In conclusion, the current recruitment being conducted by-Avery for an IS Director has met the requirements of the City Charter, Municipal Code, Personnel rules, City Council approval process and the personnel powers vested : in the City Administrator. Remaining actions to establish a Department and set the salary range are scheduled by the meeting of October 7, 2002. CITE' OF HUNTINGTON BEACH - INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To CITY ADMINISTRATOR From OFFICE `OF THE .CITY ATTORNEY O�, Subject Development "Services Date June 13, 1979 Director MEMORANDUM OPINION QUESTION: Is it legal to consider a former employee for the Development Services Director position although he was not on the list created by inter- views? ANSWER: Yes. The City Administrator and City Council have the exclusive discretion to select department heads. FACTS: The city has recruited and created an eligible list for the director of Development Services. Apparently, several of the highest ranked candidates have declined offers of employment . At a recent Council meeting, the prospect of evaluating the former assistant city adminis- trator was considered, and this opinion is sought on the legality of such consideration. ANALYSIS: As a first point , it should be noted that the position of assistant city administrator is exempt from the personnel system. (Charter §403. ) There is, therefore, no limitation on the manner of employ- ment for that position, no recruiting requirement , and no limita- tions on reemployment. (Rule 8-.11, limiting reemployment rights to one year, is not applicable to exempt positions. ) The Charter provides that department heads are appointed by the City Administrator,. subject to approval of a majority of the Council (four votes) . [401 (a) , ] The Charter does not address the manner of .determining the persons eligible for appointment or creating a list. The apparent custom and practice in selecting department heads has varied considerably.. The appointments have been made. by promotion, transfer, open recruitment , and even without recruitment . While Personnel Rule 5-1 provides for six types of appointment ; the provisions of Rule 5 do not appear to apply to MEMORANDUM OPINION. June 13, 1979 _ Development Services Director. Page Two department heads.' In fact , Rule 5-5 specifically excludes depart- ment heads from the requirement .that appointments be made from _ among. those persons certified by the Personnel Director pursuant to the examination procedure . - Therefore, it appears that the selection of a department head may- be made , under Charter §401 (a) , in whatever manner the Administrator and the Council deem advisable. Thus , the Council is not restricted by an eligible list and may disregard. it and confirm the appointment of any person. The Council is not limited by the Personnel Rules relating to t est blishment 'of eligible lists. ROBERT C. SA T R Deputy City Attorney APPROVED:.. RCS : sh A �PXZ6:L7 GAIL HUTTON City Attorney