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HomeMy WebLinkAboutJoint Council and Personnel Commission Meeting to Discuss Co (23) November 18, 2002 -CouniurAgency Agenda - Page 23 H. City Council/Redevelopment Agency Items None Council Comments -(Not Agendized) At this time Councilmemb&s may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda. Redevelopment Agency Adjournment to Monday, December 2, 2002 at 6:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. This meeting which normally meets at 5:00 p.m. will be adjourned to 6:00 p.m. by the City Clerk due to an anticipated lack of quorum. Recess City Council to Wednesday.. November 20, 2002 at 6:45 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, CA to meet jointly with the City Personnel Commission. See Agenda Below: AGENDA CITY COUNCIL CITY OF HUNTINGTON BEACH WEDNESDAY, NOVEMBER 20, 2002 (RECESSED FROM MONDAY, NOVEMBER 18,2002) 6:45 P.M. - Room B-8 Civic Center, 2000 Main Street Huntington Beach, California 92648 6:45 P.M. - Room B-8 - Reconvene Council Meeting Recessed on 1111.8102 Call Joint City Council/Personnel Commission Meeting to Order City Council Roll Call Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer Personnel Commission Roll Call Morrison, Taylor, Deight, Gooch, Hunt, Zeleznikar (City Council) City Council/Personnel Commission Joint Meeting to Discuss Commission and Staff Roles and Responsibilities (700.10) The City Council will meet jointly with the Personnel Commission to conduct a workshop to review and discuss commission and staff roles and responsibilities, significant legal developments, protocols and procedures, and communication improvements. I. Introduction Ray Silver, City Administrator II. Public Comments 111. Personnel Commission's Role and Responsibilities Michael Miller, Legal Counsel (24) ' November 18, 2002 -Council/Agency Agenda - Page 24 IV. Overview of Significant Legal Developments Michael Miller, Legal Counsel V. Roles a. City Administrator. Ray Silver, City Administrator b. Legal Counsel Michael Miller, Legal Counsel c. Secretary to the Personnel Commission -Clay Martin, Administrative Services Director d. City Attorney Scott Field, Assistant City Attorney VI. Protocols and Procedures Michael Miller, Legal Counsel a. Meeting Agenda and Minutes b. Personnel Commission Procedures for: 1. Review of Hearing Officer Recommendations Regarding Discipline Appeals 2. Disciplinary Grievance Appeal Hearing Procedures c. Amendments to the City's Classification Plan Irma Youssefieh, Human Resources Manager Vill. Communication Improvements Irma Youssefieh, Human Resources Manager a. Pre-Agenda.Meetings b. Timeline on Classification Issues c. Grievance Status Report d. Annual Commission Update on Protocols and Procedures/New Member Orientation e. Department Presentations— Projects/Update f. Other Communication and materials relating to these topics will be made available at the workshop. The complete Personnel Commission Agenda for Wednesday, November 20, 2002 is included in the agenda packet following this City Council Agenda. Recommended Action: None City Council Adjournment to Monday, December 2, 2002 at 6:0.0 p.m.,.in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. This meeting which normally meets at 5:00 p.m. will be adjourned to 6:00 p.m. by the City Clerk due to an anticipated lack of quorum. Council/Agency Agendas and Minutes are Available at No Charge to the Public at the City Clerk's Office by Mail and Through Paid Subscription. Complete Agenda Packets are Available at the Central Library and Library Annexes on Friday Prior to Meetings. Video Tapes of Council Meetings are Available for Checkout at the Central Library at No Charge, CONNIE BROCKWAY, CITY CLERK City of Huntington Beach 2000 Main Street-Second Floor Huntington Beach, California 92648 Internet: http://www.ci.huntington-beach.ca.us 1 l f t City of Huntington Beach PERSONNEL COMMISSION AGENDA Wednesday, November 20, 2002 Civic Center Room 8-8 5:30 P.M '. 1. CALL TO ORDER: Commissioners: Morrison, Taylor, Zeleznikar, Hunt, Deight and Gooch Michael H. Miller, Legal Counsel to the Personnel Commission Staff Liaison: Irma Youssefieh, Secretary to the Commission/Human Resources Manager and Sharon Hennegen, Principal Administrative Analyst 2. PUBLIC COMMENTS: The Personnel Commission welcomes public comments on all items on this agenda or of community interest We respectfully request that this public forum be utilized in a positive and/or constructive manner. Please focus your comments on the issue or problem that you would like to bring to the attention of the Personnel Commission. Negative comments directed at individuals are not acceptable. Three (3) minutes per person, time may not be donated to others. No action can be taken by the Personnel Commission on this date unless agendized..This is the time to address the Personnel Commission regarding items of interest or on agenda items other than public hearings. Public Comment to Item 7 of the agenda to be deferred to 6:45 p.m. 3. APPROVAL OF MEETING MINUTES: The October 16, 2002 and October 30, 2002 Personnel Commission Minutes 4. OLD BUSINESS: A. Personnel—Open Hearing (Closed Session option per Government Code Section 54957 not elected by Grievant) Supplemental Disciplinary Hearing in accordance with Personnel Rule 20— Findings of Fact and Conclusions of Law Recommendations of Hearing Officer Louis M. Zigman regarding Grievance#01-087 Deliberation in Closed Session Recommended Action: Sustain, reject or modify the Hearing Officer's recommendation. If the Commission rejects or modifies the recommendation, direct the legal advisor to prepare findings of fact and conclusions of law in support of the Commission's decision. Y�- Sl/s AM, AA OF CLERK � CKW N.CrrY CLEW( 5. INFORMATIOi,AL ITEMS: A. Grievance Status Report— November, 2002 Recommended Action: Discuss and/or comment and receive and file. 6. COMMENTS FROM COMMISSIONERS: . 7. JOINT MEETING WITH CITY COUNCIL: At 6:45 p.m. the City of Huntington Beach City Council in Room B-8, Civic Center, will meet jointly with the Commission to conduct a workshop. A. Personnel Commission Workshop—Joint Meeting with the City of Huntington Beach City Council I. Introduction......................................... Ray Silver, City Administrator II. Public Comment III. Commission's Role and Responsibilities.... Michael Miller, Legal Counsel IV. Overview of Significant Legal Developments... ............................. . Michael Miller, Legal Counsel V. Roles a. City Administrator. C .00... Ray Silver, City Administrator b. Legal Counsel................................. Michael Miller, Legal Counsel c. Secretary to the Personnel Commission .................................. Clay Martin, Director of Administrative Services d. City Attorney................................. Scott Field,Assistant City Attorney VI. Protocols and Procedures..................... Michael Miller, Legal Counsel a. Meeting Agenda and Minutes b. Personnel Commission Procedures for: 1. Review of Hearing Officer Recommendations Regarding Discipline Appeals 2. Disciplinary Grievance Appeal Hearing Procedures c. Amendments to the City's Classification Plan............................................. Irma Youssefieh, Human Resources Manager Please contact Mavic Hizon (714)374-1567 if you have questions or if the Human Resources Division can be of further assistance. VII. Communicatior, ..nprovements............... Irma Youssef,,.,, Human Resources Manager a. Pre-Agenda Meetings b. Timeline on Classification Issues c. Grievance Status Report d. Annual Commission Update on Protocols & Procedures/New Member Orientation e. Department Presentations —Projects/Update . f. Other Materials relating to these topics will be made available at the workshop. Recommended Action: None 8. ADJOURNMENT: Meeting to be adjourned to the next regularly scheduled meeting of the Personnel Commission on December 18, 2002. Please contact Mavic Hizon (714)374-1567 if you have questions or if the Human Resources Division can be of further assistance. ATTACHME NT # 3 � City of Huntington Beach PERSONNEL COMMISSION October 16,2002 Pending approval by Personnel Commission on 11/20/02 (These minutes are not verbatim. A taped recording of the meeting is available in the Human Resources Division,Room B-6,until approval of the minutes.) 1. CALL TO ORDER: Chairperson Morrison called the Commission meeting to order at 5:30 p.m. ROLL CALL: Present—Commissioners:Morrison,Taylor,Deight, Gooch Absent—Zeleznikar,Hunt,and Kelly. Legal Counsel to the Commission Michael Miller present Staff Present—Clay Martin,Director of Administrative Services,Irma Youssefieh,Human Resources Manager and Sharon Hennegen,Principal Administrative Analyst. 2. PUBLIC COMMENTS—None 3. APPROVAL OF MINUTES —A motion was made by Commissioner Taylor and seconded by Deight to approve the minutes of September 18, 2002. (Passed-3-0, Gooch Abstained). 4. OLD BUSINESS A. Disciplinary Hearing in accordance with Personnel Rule 20—Findings of Fact and Conclusions of Law to recommendations of Hearing Officer Joseph Gentile regarding Grievance#02-0012 Deputy City Attorney Lee Burke reported that Grievant's counsel was not opposing the Hearing Officer's Report that was favorable to the City. The Commission and Legal Counsel Miller recessed to Close Session per Government Code Section 54957. The Commission voted to sustain the Hearing Officer's recommendation (Passed 4:0). 5. NEW BUSINESS A. Director of Information Services -- Consideration of classification specification; report from legal counsel regarding function and duty of the commission Chairperson Morrison commented that the Commission has been inundated with information, noting that a meeting had been held earlier in the day on the subject of the Director of Information Services (IS) classification. Morrison referenced letter from City legal staff regarding same and noted that if the classification of Director of Information Services was outside the purview of the Commission he had no more interest in the subject. Counsel Miller stated that within the City's personnel system, department head positions are exempt from the classification plan; therefore the process for establishing classification specifications is different. He noted that there had been inconsistent interpretation in the past, leading to the current confusion on the subject. However, going forward, classifications for director positions will come to the Commission as advisory items with a request for non--, binding comments and recommendations. This is appropriate under the City Charter-defined role of the Commission as advisory. He stated that the recommended action is to discuss and Page 1 of 5 provide advisory recommendations and direct that those comments be forwarded to the City Council and Administration. Commissioner Taylor questioned staff on what was different between the IS Director and the Fire Chief fulfilling the duties of the position. Mr. Martin responded.that Chief Dolder has done a great job of keeping everything moving. forward, but that obviously, he has a whole other department to direct. The most significant difference was that there would be a higher expectation of a Director responsible solely for Information Systems. Specifically, the IS Director will create and implement a formal technology plan. He noted that the new Director would also take over administration of the City's web site. Commissioner Taylor asked if the position existed prior to the joint title with Fire Chief. Mr. Martin replied that it existed as a Manager of Information Services reporting to the Director of Administrative Services in the early 1990's. At that time, when the position became vacant, it was decided to delegate duties to the Fire Chief rather than to recruit for a replacement. Commissioner Taylor asked that organizational charts be included with all (classification) items submitted for Commission review. Mr. Martin agreed that it is his expectation that all items brought to the Commission would include organization charts. However, the IS department's staffing is in flux and that one of the priorities for the new Director will be to staff.the department. . Commissioner Taylor noted that the specification for IS Director was light on management experience. Commissioner Deight asked that all future packets include page numbers. Commissioner Gooch thanked the City Clerk for bringing matters to the attention of the Commission. He commented that the manner in which issues have been resolved speaks well of the City's ability to recognize in a timely fashion that some things needed to be corrected. He appreciated that the City Administrator feels that the Commission's input will continue to be of benefit to the City Council. Commissioner Deight concurred. Commissioner Gooch requested that the Commission's comment that the.specification was light on management experience be transmitted to City Council and City Administration. B. Public Hearing in accordance with Personnel Rule 12 regarding Amendments to the City's Classification Plan. Chairperson Morrison commented that he was not inclined to call a special meeting and that the Commission should not be rushed to meet a deadline they had not established. He added that item C, a workshop to discuss roles, procedures and protocols, was also being recommended as a special meeting. Page 2 of 5 Gooch noted that he was available on the dates proposed. A general discussion ensued regarding availability on October 28, 29 or 30. Mr. Martin offered that staff would like to schedule the public hearing to amend the classification plan on the dates offered, as staff would like to resolve the plan amendments prior to the November 6.City Council meeting. Commissioner Taylor asked if this would be the same material the Commission looked at in March. Mr. Martin replied that this would be the same material that the Commission saw in March, with some minor adjustments that would be pointed out to the Commission. Additionally, the four items that the Commission reviewed in September would also be brought back for Commission approval as a public hearing. There would be one or two additional items, all involving amendments to the City's classification plan. Commissioner Deight suggested that the workshop on protocols be set for the Commission's regular meeting in November. Mr. Martin agreed to this and offered that staff would call all Commissioners to establish the workshop for the Classification Plan amendments. Chairperson Morrison stated that if staff received affirmative commitment from other Commissioners for Wednesday, October 301h, to schedule that meeting for the classification plan amendments for that date... C. Workshop to Discuss Roles, Procedures and Protocols (Personnel Commission and Human Resource Division) Chairperson Morrison stated that the workshop to discuss procedures and protocols would be at the Commission's regular scheduled meeting on November 20`h 6. COMMENTS FROM COMMISSIONERS Chairperson Morrison announced that staff had received a letter of resignation from Commissioner Kelly. Chairperson Morrison asked staff,that if any Commissioner, city staff or member of the public wanted to listen to the tape (of the minutes) or read the minutes,would the minutes (or the tape) be available at all times. Ms. Youssefieh affirmed they would be available. Legal counsel Miller agreed that these were public records. Chairperson Morrison questioned Ms: Youssefieh about a memo she sent her staff that requested all questions from Commissioners be directed to her or in her absence, to her staff member, Sharon Hennegen. He asked the reason for her action. Ms. Youssefieh responded that she wanted to make sure that her staff, her Secretary, could find the documents being requested. The division maintains original documents of Commission agendas and minutes. Staff and all files are in temporary quarters while offices are being renovated and so are split between rooms B-6 and B-7. She wanted to make sure that all requests are handled effectively. Chairperson Morrison asked if she would direct staff to provide the Commission member with as much information as he required. Ms. Youssefieh said definitely. Page 3 of 5 r Commissioner Taylor said that at the behest of the Mayor, he and Chairperson Morrison met with the City Administrator, the Assistant City Administrator, and Mr. Martin to expand on the letter (dated September 17, 2002) Chairperson Morrison had written. He noted that it was a satisfactory meeting from his standpoint. He stated it would be up to Mr. Martin to execute the actions discussed and get the Commission back on track to where it was when Bill Osness was with the-city. He stated that another meeting was held today with about a dozen people, including the City Attorney, City Administrator, and two City Council members. At this meeting, City Clerk Brockway addressed her concerns regarding at-will job classifications in the personnel system differing from the competitive service (the IS Director issue). He also noted that the Commission is still waiting an answer on the data used for establishing the Assistant City Clerk compensation. Chair Morrison added that he also met with the Assistant City Administrator regarding his letter and that many of the issues should be addressed in the upcoming protocol workshop. Commissioner Deight stated that she had questions about the Commission's role in second- guessing management. She questioned if that was the Commission's proper role. Counsel Miller noted that the Commission had limited jurisdiction and encouraged Commissioners to forward any topics for the workshop to Mr. Martin and his staff. This workshop is being scheduled to clarify roles,procedures, and protocols. Commissioner Taylor asked that clarification as to where the Commission can make a contribution be addressed at the workshop. He noted that that is why he came on board in the first place. Commissioner Deight stated that the Commission has to preserve the integrity of the civil service system. Commissioner Taylor added that Commissioners had an obligation to protect the residents. That his sense is that a contract is settled with a certain amount of increase and then the next three years is spent bumping people's compensation up. Year after year, department after department reorganizes in the name of something, but there does not seem to be a scheme at the top to develop internal relationships between jobs. Commissioner Gooch asked for clarification on the Commission's prerogative for decision- making and when is the role advisory. 7. INFORMATIONAL ITEMS A. Grievance Status Report Commissioner Gooch offered suggestions for improving the status report, including adding a column for date Hearing Officer was selected. He asked that the report include additional information to monitor if timelines are being followed, and if not, why. He also suggested Page 4 of 5 including the hearing date instead of "next anticipated action" and to include a comment section. Commissioner Taylor stated that the Commission had developed discipline-hearing procedures (noted in a letter dated 1997). B. Personnel—Confidential- Findings of Fact and Conclusions of Lary- Recommendations of Hearing Officer Louis M. Zigman regarding Grievance#01-087 A motion was made by Commissioner Taylor and seconded by Commissioner Gooch to receive and direct the Commission's Secretary to place the recommendations of the Hearing Officer on the agenda for the next regularly scheduled meeting of November 20, 2002. (Passed 4:0) 10. ADJOURNMENT - The meeting was adjourned at 6:40 p.m. to a public. hearing tentatively scheduled for October 30, 2002. Page 5 of 5 City of Huntington Beach PERSONNEL COMMISSION October 30, 2002 Pending approval by Personnel Commission on 11/20/02 (These minutes are not verbatim. A taped recording of the meeting is available in the Human Resources Division,Room B-6, until approval of the minutes.) I. CALL TO ORDER: Chairperson Morrison called the Commission meeting to order at 5:30 p.m. ROLL CALL: All Present — Commissioners: Morrison, Taylor, Deight, Gooch, Hunt, Zeleznikar Legal Counsel to the Commission Michael Miller present Staff Present — Clay Martin, Director of Administrative Services, Irma Youssefieh, Human Resources Manager and Sharon Hennegen, Principal Administrative Analyst. II. PUBLIC COMMENTS— None Ill. APPROVAL OF MINUTES — None Chairperson Morrison asked that the following be read into the minutes: "This meeting has been called by the administration, and has no basis for being called. This meeting was to be a workshop on protocols and procedures. The information provided to us Monday afternoon is lengthy. As Chairman of this Commission with over twenty years as a personnel commissioner, I have never received this much information on such short notice. I suggest we defer-this until the November meeting. I would like to have the group who did the study here to respond to questions. This was originally presented to us in February and at that time, there was no action being asked of us. It was brought as a receive and.file item. I don't know if all affected employees were notified of the public hearing process. I was under the distinct impression that this meeting tonight was for the workshop. So when item four (public hearing) comes up, I would like the commission to either vote for a motion to hear or a motion to defer to our November meeting." Commissioner Taylor noted that the workshop was scheduled for the November meeting. Commissioner Hunt concurred with Chairperson Morrison. He asked if all the items before the Commission were already agendized for the City Council meeting. Mr. Martin noted that only the four classifications that the Commission had approved in September were scheduled for the next City Council meeting. He noted that if the Commission chooses not to act on the four classifications, they would be removed from the City Council agenda. Commissioner Hunt also questioned why the Commission was looking at classifications dated December 2001. Mr. Martin explained staffs intent in bringing these items before the Commission. Two of the items on the agenda the Commission has seen before. One is the Classification and Compensation study that was completed and presented to the Commission in February. The other is four classifications that were presented to the Commission in September. In each of those cases, staff failed to list the actions as a public hearing, and in the case of the Classification and Compensation study, failed to list the action the Commission should take. Staff acknowledged that that was an error and they were brought back to the Commission to ensure that the appropriate action is taken. He stated that while it is a large volume of information — over two hundred classifications were included in the study = it was staff's Page 1 of 6 expectation that since the Commission has seen it before, there might not be as much need to review it in detail. He noted that items four and five under public hearing included new requests for classification modifications. In those instances, it is expected that the Commission would review in greater detail. He concluded by stating that if the Commission chose not to move forward with the items, staff would be happy to bring the items back on November 20t', or any other future meeting that the Commission desired. Chairperson Morrison noted that the absence of any backup information to refresh Commissioner's minds is ludicrous. He noted that the absence of coordination on this item was a sad commentary on those being hired in our City. Special Counsel Miller noted that the item on the Classification and Compensation study was included in the negotiation process with the Miscellaneous Employees' Association. The personnel rules say that anything that comes out of negotiations, that is part of the Memorandum of Understanding, takes precedence over personnel rules. The Commission's role is in approving the class specifications. He noted that receiving the specifications.two days before the meeting is a concern. He and the Human Resource Manager acknowledge that this was an inherited situation and something staff was trying to rectify. He noted that this (the interplay between the Commission's role and the meet and confer process) is one of the issues that will be discussed at the workshop, scheduled for the Commission's regular meeting time in November. Commissioner Deight asked if there were any Commissioners not prepared to discuss items two through five under the. public hearings. Chairperson Morrison replied he was not. Commissioner Gooch noted he had refreshed his memory of the September meeting and.was prepared to proceed. He suggested the Commission hear the staff presentations on the items and then decide whether to take action tonight. Commissioner Hunt agreed. Commissioner Taylor noted he had reviewed the material. Commissioner Hunt asked for an explanation of what occurred on the Classification and Compensation study since it was received from the consultant. Mr. Martin explained that the consultant interviewed employees and went through a process of analysis and review. A report was presented to the Municipal Employees' Association. The association and the City's negotiating team discussed the report. At the end of that process, the information was incorporated into the Memorandum of Understanding that was presented to the City Council. At that time it became a document that was no longer bound by the "meet and confer" process and staff and the consultant presented it to the Personnel Commission. He noted that one of the issues planned for discussion at the November 20 workshop is how the "meet and confer" process impacts the role of the Personnel Commission. Commissioner Hunt asked if there was an appeal process for affected employees. Mr. Martin explained that the process included extensive employee input. Employees completed a job duty survey, they were then provided a draft of the specification and the ability to appeal. This was all done as part of the "meet and confer" process and was ultimately included in the final report incorporated into the MOU. Commissioner Gooch commented that he recalled that the consultant had reported that there was extensive interaction with the employees throughout the process. Mr. Martin agreed. Chairperson Morrison noted that the loop is not complete until it comes to the Personnel Commission. The City Council was able to discuss the study at length in closed session, but the Commission did not have the same opportunity. Page 2 of 6 Commissioner Deight noted that this issue will be discussed at the workshop. Since the MOU takes precedence over the Personnel Rules, Commissioner Deight inquired about the Commission's role. Counsel Miller said that when the personnel rules were first developed thirty years ago, the negotiating process was fairly new and now a lot of classification issues are subject to the negotiation process. The rules (labor law) say that negotiations take precedence over some of the processes the Commission engages in. This conflict has evolved and there is a need to rectify. it._ The discussion.at the workshop may result in recommendations to be submitted to the City Council if the Commission wants a role in this process. Chairperson Morrison said that if the Commission is kept in the dark relative to the MOUs and the changes that have come about, then the Commission is out of the loop. Counsel Miller agreed that there is an informational role incumbent upon staff. He offered that if there is interest in MOUs, which are an integral part of the personnel system, they can be brought to the Commission with a briefing at the appropriate time. Commissioner Hunt asserted that through the charter, the Personnel Commission still has a role to advise the City Council on personnel matters. He added that he saw a move in the past ten months to eliminate.the role of the Personnel Commission. Counsel Miller replied that staff and he have never spoken of a desire to eliminate the commission and that is important to maintain the viability of the Commission amid the changes happening around it. Commission Hunt agreed that a workshop is very timely, that rules, regulations and procedures can be eroded over time until there is no longer a commission. IV. PUBLIC HEARINGS Chairperson Morrison opened the public hearing in accordance with Personnel. Rule 12 . regarding amendments to the City's classification plan. Public Hearing in accordance with Personnel Rule 12 regarding amendments to the City's Classification Plan. 1. Classification changes for new, modified, and deleted classes as recommended by the classification and compensation study conducted by Public Sector Consultants, February, 2002, for City of Huntington Beach Municipal Employees' Association. A motion was made by Commissioner Taylor and seconded by Zeleznikar to defer item 4-1 to the November meeting (Passed-5 in favor, Deight opposed). 2. New and revised classifications in .the Administration Department: Special Projects Manager, Community Relations Officer and Video Engineer Human Resource Manager Youssefieh reported that the Video Engineer position was a new position that the Commission had not yet seen. The Special Projects Manager and the Community Relations Officer were approved by the Commission in September, but were brought back to be acted upon as part of a public hearing. She noted that the Video Engineer is to replace a Video Engineer, Supervisor, due to the continued need for continued technical support for the City's cable television operation. She directed the Commission to the two organization charts, current and proposed, that outline the restructuring of the division. She noted that the current plan is to fill the position on a part time basis. Page 3 of 6 c Chairman Morrison stated that the position once was a contracted position, but the position of Video Engineer Supervisor was created to give the Director of Communications and Special Projects a salary increase by creating another position in his department. He noted that the two staff members in the classification of Television Producer/Director are capable of running the department and that they can contract engineering services at a much better rate. Commissioner Hunt inquired if the Special Projects Manager would be.continued-into the future. Mr. Martin answered that the expectation was that when the incumbents in that position separate from the City, the job title would be eliminated. Commissioner Taylor suggested that if that is the case, then a sunset clause should be included in the job specification. Mr. Martin offered that if that was the recommendation of the Commission, it can be added to the job description. A motion was made by Commissioner Taylor and seconded by Hunt to approve the new position of Special Projects Manager modified by the insertion of part time and at will, (Passed 6-0). In making the motion Commissioner Taylor also requested that the minutes reflect that it is the Commission's expectation that these positions include a sunset-clause and will vanish. A motion was made by Commissioner Delight and seconded by Commissioner Hunt to approve the revision of the classification of Community Relations Officer, amending the City's Classification Plan, (Passed 6-0). Commissioner Gooch noted that his experience of the video operation at the Long Beach Fire . Department,,which originally contracted out engineering services.and now uses in-house staff to fulfill those duties, is that the latter is preferable. A motion was made by Commissioner Gooch and seconded by Commissioner Hunt to approve the new classification of Video Engineer, amending the City's Classification Plan (Passed 5-0, Morrison abstain) 3. New classifications in the Community Services Department: Facilities, Development & Concessions Manager and Recreation, Human & Cultural Services Superintendent Ms. Youssefieh said that these classifications were brought to the Commission in September, and were resubmitted for Commission approval to fulfill the public hearing requirements before .modifying the classification plan. A motion was made by Commissioner Taylor and seconded by Commissioner Hunt to approve the new classifications of Facilities, Development & Concessions Manager and Recreation, Human & Cultural Services Superintendent, amending the City's Classification Plan (Passed 6-0) Page 4 of 6 4. Revised classifications in the Public Works Department: Park, Tree and Landscape Operations Manager and Water Operations Manager Paul Emory, Deputy Director of Public Works reported to the Commission that both these management positions are currently vacant. He directed the Commission to their packets, which included the revisions-staff recommends to the specifications and organization charts showing reporting. relationships. He noted that the vacancies were the result of recent retirements and that there is no recommendation to modify the current salary for the positions. A motion was made by Commissioner Taylor and seconded by Commissioner Deight to approve the modifications to the classifications of Park, Tree and Landscape Operations Manager and Water Operations Manager, amending the City's Classification Plan (Passed 6-0). 5. Revised classification in the Police Department: Police Services Specialist Shirleen McNamee,-Senior Administrative Analyst for the Police Department requested that the current Police Service Specialist classification, which is used throughout the department, be expanded to include functions in the Administrative Division of the Police Department to support the personnel function. A motion was made by Commissioner Hunt and seconded by Commissioner Gooch_ to approve the modification to the classification of Police Services Specialist, amending the City's Classification Plan (Passed 6-0). V. COMMENTS FROM COMMISSIONERS Commissioner Taylor reported that in Chairperson Morrison's absence, he was asked by the City Administrator and the City Attorney to review a document for the City Council regarding the confusion surrounding the creation of the at-will position of Information Systems Director and a series of steps to clear the air. He noted that in his opinion item four, which stated that the Commission reviewed and commented on the specification, was stretching it a bit. He added that he did not think that this was enough of a reason to delay the City Council's approval of the resolution. The intent of the resolution is to clarify that staff will bring at-will positions to the Commission on an advisory basis and not on an approval basis. Commissioner Gooch suggested that at the workshop the terms classified and unclassified positions be defined with an explanation of what the Commission's jurisdiction over.them is. He also encourages the use of a script for presenting classifications that would include all the pertinent information regarding the classification. Mr. Martin added that he anticipates that an outcome of the workshop will be a definition of all the information that should be included with all classification reviews. Commissioner Taylor asked that the Commission's advisory role be defined at the workshop. He also suggested that the City Administrator and the Police Chief address the Commission. (He noted that the Police Chief is new and so perhaps should be considered at a later date.) Commissioners were asked for suggestions for topics for the workshop. Commissioner Gooch asked for methodology of tracking disciplinary process, to ensure all parties are adhering to time Page 5.of 6 frame. Commissioner Zeleznikar asked that the discipline process be reviewed. Commissioner Deight suggested a discussion of the Commission's role visa-vis management. In response to an issue raised by the POA President, Chairperson Morrison asked staff to prepare a letter to the Police Chief for his signature, similar to a letter he sent dated December 1, 1999..The letter should indicate that the Commission.feels it is biased to.allow.an employee . of the police department to conduct an investigation of their own complaint. Commissioner Hunt inquired about the distribution of the Personnel Commission minutes. Ms. Youssefieh noted that all department heads, presidents of all associations, and the City Council receive agenda and minutes. Chairperson Morrison noted that there was an eight-month lag between the first presentation of the Classification and Compensation study and tonight. He asserted that the Commission should have been getting updates on the classifications throughout that period. He stressed that staff and the Commission need to communicate. Ms. Youssefieh noted that agendized for the November 20 meeting was both the workshop and the review of the Classification and Compensation study. She recommended that the Classification and Compensation study review be postponed to the December meeting. The Commission agreed. The meeting was adjourned at 7:00 pm to November 20, 2002. Page 6 of 6 . ATTACHMENT .# :7--Am III •�� CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION Huntington Beach TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: COMMISSION'S ROLE AND RESPONSIBILITIES DATE: November 20, 2002 INTRODUCTION This report is to clarify the role of the Commission. It is provided in response to legitimate questions raised by the Commission members and as a general review for all members. The Personnel Commission, like all governmental boards and commissions, is a creature of -limited jurisdiction. This means that Commission authority stems from specific sources that define its role and function, with little room for significant implied or inferred powers. The Commission has only those duties set forth by enabling legislation and its outgrowth such as related City ordinances and resolutions. These sources of authority are also impacted by State law and negotiated Memorandums of Understanding (MOU). The following sets forth the trail of Commission authority. CITY CHARTER The City Charter is the primary legislative authority of the City. Some City Charters specifically establish certain Boards. and Commissions for the City. These are Charter created Boards and cannot be changed or eliminated unless there is'a public vote on the City .Charter change. Huntington Beach does not have any such boards. Section 405 of the City Charter states that "The City Council shall establish such boards, commissions, and committees as are deemed necessary for the orderly functioning of the City..." Accordingly, City boards and commissions as created by the City Council can be modified, limited, or eliminated by a majority vote of the City Council.' The Personnel System, as established by Charter Section 403 does not make any reference to the Personnel Commission. Nevertheless, the personnel system, as At the last Commission meeting I confused the Huntington Beach Charter with another Charter and mistakenly defined the Commission as a Charter created body.It is not. 1 established in the municipal code creates and defines the Commission as explained below. CHAPTER 2.72 OF THE MUNICIPAL CODE Sections 2.72.010 et. seq adopts a personnel system and creates a seven member Personnel Commission. The following sets forth the enumerated functions of the Commission as listed by Section 2.72.070. Based on my review of the City personnel system, I have added an explanation of each function and duty. (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration. EXPLANATION: Chapter 2.72 of the City Council enacted code creates and delineates the role of the Commission. Charter Section 401 establishes the extensive role of the City Administrator-including responsibility for management of the personnel system. In this context, the advisory role of the Commission is primarily responsive to requests or direction for advice from the Council and City Administrator for personnel administration advice such as that exemplified in Resolution No.2002-108 (Exhibit #9) concerning Commission advice regarding classification specifications for department heads not in the competitive service. The specifics of such requests demarcate the Commission's advisory function on .a case..by.case basis. The Commission can also render advice on its own initiative that is limited to subject matter within the direct jurisdiction of the Commission such as grievance processing, disciplinary matters, and the City classification plan. This advisory role is narrower than what is implied by the generic term "personnel." City Charter provisions regarding the role of certain City officials and ordinance sections concerning the establishment and function of various City departments are clear indications that, except as directed by the City Council or City Administrator, everyday management considerations, city decision making and policy that may effect personnel, the exercise of department head and subordinate discretion are not covered by the advisory role of the Commission. (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. EXPLANATION: This is subject to direction of the City Council and limited by the Charter provision concerning Non-Interference With Administration (Section 307 — Exhibit#2). (c) Hear appeals on grievance matters for final decision except such matters as may be submitted to final and binding arbitration. EXPLANATION: The Commission has the final say on unresolved grievances and on - disciplinary appeals unless the parties agree to binding arbitration. 2 (d) Hear appeals from industrial disability retirement determinations made by the Administrative Services Chief. EXPLANATION: This applies to disability retirement for safety officers (police and fire). Based on changes in the law, safety officer appeals are now conducted by hearing officers from the State Office of Administrative hearings in place of the Commission. U (e) Hear appeals from decisions of the Administrative Services Chief made pursuant to the employer-employee relations resolution. EXPLANATION: The referred to resolution does not refer to an Administrative Services Chief. The Resolution is replete with reference to a Personnel Director (Human Resources Manager). The Director makes decisions concerning recognition of employee organizations, appropriateness of units, de-certification and modifications, which according to Section 14-4 of the Resolution are appealable to the Commission. In addition, with regard to de-certification and modification, there is an MOU provision that changes the resolution to provide a Motion of Unit Modification. This involves a proposal by the Human Resources Manager and a noticed public hearing and determination by the Commission. The Commission's decision is appealable to the City Council.. It should be noted that under current State law, any violation by the City of its own rules concerning these matters can be deemed an unfair labor practice�by the State Public Employee Relations Board (PERB). As ex lained under the State Law ( ) P portion of this report, PERB can also review unit determination decisions if a petition to review is filed within thirty (30) days of the City's final decision. (f) Determine hearing procedures and select hearing officers and advisory arbitrators for hearings. EXPLANATION: A process is in place to accomplish this purpose. (g) Review impasse matters as provided in the employer - employee relations resolution. EXPLANATION: As set forth below under Employer-Employee Relations Resolution, the Commission can be part of the impasse process, except for Police or Fire units if they request binding arbitration. (h) Review charges alleging discrimination brought by employees or applicants for employment. EXPLANATION: Pursuant to recent amendments to State law, a charge of discrimination based on Union activities would constitute an unfair labor practice-for -. adjudication by PERB. Other forms of discrimination (race, religion, sex) are-generally- handled by State and/or Federal agencies such as the Department of Fair Employment 3 and Housing (DFEH) and Equal Employment Opportunity Commission (EEOC), and the judicial system. I recommend conferring with the City Attorney's office on this area of likely preemption. (i) Perform such other personnel duties and functions as may be prescribed by ordinance or resolution. EXPLANATION: The City Council can amend Commission functions and duties via ordinance or resolution. The following three headings cover that which is provided by resolutions as modified by MOU provisions. PERSONNEL RULES (adopted by Resolution) The Personnel Rules were adopted by City Council resolution in 1974. Rule 21.13 provides that if a provision of the rules becomes inconsistent with provisions in a negotiated MOUrthe MOU provision shall supercede the rules. Accordingly, this report contains a review of MOU provisions in relation to the Personnel Rules. The Personnel Rules as written involve the Commission in the following: 1. Rule 12: The City employee Classification Plan- The Commission's role including public hearings shall be discussed in detail in a separate report presented at the workshop. A recent City Attorney Opinion and Recommended Council Action confirms that certain positions not in the competitive service which is synonymous with being exempt from the Personnel (merit) System for Huntington Beach, do not fall under the direct jurisdiction of the Commission with regard to various aspects of Commission duties concerning classifications and related public hearings. For positions that are not in the competitive service such as appointive department heads, these procedures are not mandated. Nevertheless, these classification issues can be acted upon by the Commission as part of the advisory function similar to your recent action concerning the class specification for the Director of Information Services. Resolution 2002-108 enacted by the City Council on November 6, 2002 formally implements City Council direction to the Commission to serve as an advisory role concerning exempt appointive t department head positions. 2. Rule 14-6: Salary Advancements- Now changed by MOU provisions, this section, in . part, authorized the Commission to make salary adjustments within the salary range for ( r� jl a class, upon, application by the department head. Negotiated MOU provisions make this the responsibility of the City Administrator, upon recommendation of the department head through the Human Resources Officer. 3. Rule 19: Grievance Procedure - Non-disciplinary - The Commission as a final hearing body at the last step of the grievance process involves review of a recommended decision from a.hearing officer. 4 c 4. Rule 20: Disciplinary Matters - The Commission is the final hearing body pursuant to review of a recommended decision from a hearing officer. EMPLOYER- EMPLOYEE RELATIONS RESOLUTION This .Resolution and its amendments (1969 and 1984) have been supplanted, in part, by various factors including changes in State law that will be discussed in this report. `The Resolution as worded involves the Commission as follows: 1. Impasse Procedures - Section 9-2 of the Resolution provides that an impasse (in negotiations) may be referred to the Personnel Commission for a hearing and recommendation to the City Council. (emphasis added). 2. Impasse resolution - Section 9-2 states that if no agreement can be reached by the parties to the impasse regarding impasse resolving procedures (fact finding, advisory arbitration, mediation), the impasse is automatically submitted to the Commission at a private session for determination and transmittal of a written report to the City Council. 3. General Appeal - Section 14-4 provides that any decision of the City Administrator or Personnel Director made pursuant to the Employer-Employee Resolution may be appealed to the Personnel Commission, with further appeal to the City Council. By its terms, .this could involve the Commission in decisions pertaining to organization recognition, employee unit modification, and de-certification. Per recent State statutes, Commission decisions in this arena are subject to review by the State Public Employee Relations Board (PERB). MEMORANDUM OF UNDERSTANDING (MOU) Every current MOU contains a section or exhibit that amends the Personnel Rules and in some instances, the Employer-Employee Relations Resolution. The changes in each MOU are generally comparable. City staff will have to review each MOU to assure that the particular process that has been changed applies to the represented unit or employee under consideration. Many of the changes affect a particular procedure, but do not necessarily alter the direct role of the Commission. The following is a summary of what I have gleaned as the negotiated rule changes most germane to the authority of the Commission: 1. Concerning the grievance procedure for non-disciplinary matters (grievances), at step 5, in lieu of the hearing officer process, the Commission may agree to hear a case directly if agreed upon by mutual consent of the parties. 2. Concerning disciplinary appeals, the revised rule as set forth in the MOU clarifies that the Commission's jurisdiction applies to terminations, suspensions, demotions, or other reductions in pay and that the Commission makes_ a final decision based on a recommended decision of a hearing officer and -after a 5 potential supplemental hearing by the Board as prescribed in the rules and procedures. 3. Concerning unit modification, a Section 7.3 entitled Human Resources Officer Motion of Unit Modification, .has been. added to the Employer-Employee Relations Resolution. It.,provides that, .after certain preliminary steps, the Commission shall conduct a noticed public hearing regarding the motion for unit modification. The Commission's decision may be appealed to the City Council. 4. Any grievance as defined in Rules 19 and 20 of the Personnel Rules may by mutual agreement be resolved by final and binding arbitration before a neutral arbitrator. To the extent this process occurs with regard to grievance and disciplinary appeals, the Commission's role is supplanted. 5. Concerning voluntary reduction in lieu of layoff, this can be denied if the employee does not possess the necessary qualifications for the lower position. Under the general appeal provision of the Personnel Rules, this determination on qualifications would be appealable to the Commission. Per the MOU revision, it is � ,,��,,�� appealable to a mediator from the State Mediation and Conciliation Service. 6. Concerning salary advancements, this is a function of the department head, human resources officer, and City Administrator in lieu of the Commission. POTENTIAL IMPACT OF STATE LAW Since 1968 the Meyers-Milias-Brown Act (MMBA) has regulated labor relations for city government. In addition to wages, hours, and working conditions, the scope of what must be negotiated has broadened over the history of the Act. This includes bargaining over most personnel rules, scheduling and even the effect of exercising management rights such as the impact of lay off decisions. These requirements have evolved mostly from California case law applying the MMBA based on private sector precedents (cases citations available upon request). This impacts the Commission by according more stature and scope to the subject matter of the negotiation (meet and confer) process. The consequence is negotiated provisions that often take precedence over other rules and.regulations. involving the Commission. The adoption of SB 739 in 2001 and SB 402 in 2000 make significant changes to the MMBA that could effect the Commission. SB 739 added cities to the jurisdiction of the State Public Employee Relations Board (PERB). In lieu of the courts, PERB now has jurisdiction to administer and enforce the MMBA via unfair labor practice charges. PERB is also authorized to enforce and apply rules adopted by a city concerning unit determinations, representation, recognition, and elections. These changes to the MMBA do not apply to management employees or peace officers. SB 402 mandates binding (interest or economic) arbitration for police and -fire: The validity of this statute is before the California Supreme Court. If it is not overturned by 6 the Court, to the extent binding arbitration is requested by police and fire units, it takes the place of any local impasse procedure involving the Commission. With regard to SB 739, to the extent an appeal or grievance is deemed to be an unfair labor practice charge. it could be initially filed.with PERB rather than the Commission. A hand out listing unfair labor charges will be provided. If PERB determines that the. City has an adequate means of resolving the matter through binding arbitration, they will defer it back to the City for a final decision. It should be noted that various MOU provisions for the City provide for use of binding (grievance) arbitration in lieu of processing through the Commission. Concerning unit determinations, recognition, organization modification and related issues PERB will allow the exhaustion of local procedures to resolve these matters. Within 30 days following these local procedures a party can petition PERB to review the representation issues. The Personnel Commission and City Council can still hear appeals, however,it is now possible for their decision to be reviewed by PERB. The application of PERB to cities is new and subject to additional rule making by that agency. Accordingly, there are still questions on how the new, law will be applied. The Commission will be kept informed. The..case of Haas v. San Bernardino decided by the California Supreme Court on May 6, 2002 should be considered with regard to the City's current. practice concerning the. .. hiring of hearing officers. In sum, that decision called into question the hiring of temporary hearing officers based on the (cynical) view that the prospect of financial gain by being called back by the City for hearings (future remunerative employment) created a financial interest and bias that calls into question the hearing officer decision. The City Attorney office and I believe the City's procedure is still valid, however, we will be conferring in order to report back to the Commission. CONCLUSION Based on the above, the following summarizes the current jurisdiction and authority of the Commission. The Commission has jurisdiction.with regard to the following: 1. Acting in an advisory capacity to the City Council and City Administrator over matters within the authority of the Commission and in response to requests for personnel administration advice from the City Council or City Administrator. 2. Investigatory authority upon request of the City Council concerning the administration of the personnel system subject to City Charter limitations regarding non-interference with administration and the powers and duties prescribed in the Charter for other City officials. ;A 3. Hearing appeals on grievance matters including discipline (termination, suspension, demotion, reduction in pay) except those submitted to final and binding arbitration per agreement of the parties. Non-disciplinary grievances such as issues of contract (MOU) interpretation can be heard directly by the Commission in lieu of a hearing officer if agreed upon by the parties to the grievance. 4. Determine hearing procedures and select hearing officers and arbitrators for hearings, except as otherwise provided in MOU provisions and as may be impacted by the Haas Case referred to above. 5. Review impasse matters as part of the city impasse procedures if agreed upon. Automatic consideration of impasse if no other procedure agreed upon. This does not apply where police or fire units request binding arbitration under State law. 6. Review and conduct public hearings regarding class specifications and reclassifications. This function is advisory with regard to positions that are exempt from the competitive service. 7. Conduct public hearing regarding a Motion for Unit Modification. 8. Conduct appeal hearings from decisions by the Personnel Director (Human Resources Manager) regarding those decisions set forth at Sections 6 and 7 of the Employer-. Employee Relations Resolution involving recognition of employee organizations/appropriateness of units, de certification and.modification of units. The Commission no longer has jurisdiction over the following: 1. Appeal hearings regarding the qualifications of an employee seeking a voluntary demotion in lieu of layoff. 2. To the extent an appeal or grievance constitutes an unfair labor practice charge, the Commission no longer has jurisdiction under the general appeal section of the employer-employee relations resolution. 3. Discrimination charges. (will review and consider possible code amendment with City. .Attorney) 4. Industrial Disability Retirement Appeals. 5. Salary advancements upon application of a department head. The Commission does not have jurisdiction over the following: 1. Matters that do not fit the above items 1 through 8 above. 2. Matters that involve appointments to employment by the City Administrator,or by any department heads, or the removal of anyone from such positions, except as an 8 1 appellate body with regard to disciplinary appeals or grievances from employees covered by the competitive service. 3. Everyday administrative services and management discretion of the city that includes matters -under the jurisdiction of the City Administrator and other City officials and Departments as set forth in the Charter and Municipal Code. RECOMMENDED FUTURE ACTION It is recommended that the Commission determine whether you have any questions or need additional input and then approve adoption of this report at a future meeting as part of a proposed Personnel Commissioner's Handbook. 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'a.- - .. - - _ _ -_ - .. - _' - _ .. ..( - . - _ _ ... _ _ __ _. . ... ._ _ - . _ _ - _ - _ . .... : . ._. _-_ .... - - : ------- --- - - - - - - --- --_ _ _ - - .. -;-1-��.�'-_�.-- - -_ _ - _ _ - �s` 2 .. .. _ - _ _ _ _ .. _ ___ - -___. ___ _- -_ - .. _ ---__- _- _ _ - _ _- _ _ _ - .. .. .. ......... .. -- - __ ---_ --- - -_-._..__ ..---- . ._-_._. --.- - _"----. ...._ _- _. .. ..- _ . .... _ -__ _ _ _ -.-.. - --- .. _ .... -. .... ,. 1 . . _ . . . . ... - .-- .. .. . - - .- . _-- - - - .... _ - -_ - .. - _ ... - ...... .. .... - - - _ - - - __ - IV -___ - ___ _ - -A C_H IVI E N T._ 7 _ _ _ -___:. . A - CITY OF HUNTINGTON BEACH •� COMMISSION COMMUNICATION Huntington Beach TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: LEGAL DEVELOPMENTS AND TRENDS - Employment & Labor Law DATE: November 20, 2002 This memorandum of significant legal developments over the past 2 decades is a summary to highlight issues for the Personnel Commission. Periodically, it will be supplemented by,this legal counsel, the City Attorney's office, and in response to Commission requests. Some key developments already referred to under the heading State Law Impacts in the report on Commission jurisdiction will also be set forth in the following. For this initial report, significant developments are as follows: AMENDMENTS TO THE MEYERS-MILIAS BROWN ACT (MMBA) SB 739 that became effective on July 1, 2002 places'local agency (city) labor relations under the jurisdiction of the Public Employee Relations Board (PERB). The new law does not apply to peace officers and to managers. In lieu of the courts, for the first time PERB will enforce all violations of the MMBA and regulations adopted by cities pursuant to MMBA. In addition, PERB will exercise exclusive jurisdiction to determine and remedy unfair labor practices and will have the power to enforce and apply rules concerning unit determinations, representation, recognition and elections. Common examples of unfair labor practice charges are those that involve: -Discrimination based on union activities. -Bad faith bargaining. -Interference with employee's protected rights.. -Unilateral changes in a matter within the scope of representation. Until SB 739, the MMBA was the only one of four major public sector labor relations statutes not under PERB jurisdiction. In most instances, the City still enacts and applies local rules and procedures involving labor relations, impasse procedures, unit determinations etc. Nevertheless, they are now under the oversight, interpretive, and enforcement role of the PERB. Although a substantial body of case law interpreting MMBA exists and may still get some deference from PERB, PERB also has a long history of its own precedents that they can apply to cities. 1 :t1 Claims of discrimination based labor union activities es wi I now be heard by PERB,other not grievances that are really unfair practice char 9 the Commission or Superior Court. SB 402 - BINDING. INTEREST ARBITRATION Adopted by the legislature in 2000 and effective in 2001, binding interest arbitration.was extended to police and fire personnel. It authorizes, as an impasse resolving procedure, the rendition of a final and binding decision on economic issues by a third party arbitrator of the negotiation impasse between police and/or fire units and management. Several legal challenges to this statute have evolved towards culmination in the California Supreme Court where the validity of SB 402 is pending. The major focus of the challenges to the law is that it constitutes an illegal delegation to a private person (arbitrator) of the power, control, money, and function of government. It eliminates accountability to the electorate for the expenditure of tax dollars by eliminating elected officials from budget control in the area of police and fire expenditures. If this law is deemed valid, it may eliminate the Commission from certain impasse procedures involving police and fire units. PUBLIC SAFETY OFFICER PROCEDURAL BILL OF RIGHTS Applicable to peace officers (police) the State statute.establishing the police bill of rights was adopted in 1974: It establishes various rights to police officers facing complaints; investigations, and discipline. It deals with interrogations of officers and their personnel files. A reoccurring issue pertains to Section 3304 (b) of the Act (Government Code). This section provides that no punitive action shall be taken without an opportunity for an administrative appeal. Punitive action is defined more expansively than most local agency disciplinary appeal rules. For example, it includes written reprimands, reductions in salary including loss of premium pay, and transfers for purposes of punishment. Administrative appeals shall be conducted in conformance with rules adopted by the local agency. Some agencies have adopted such rules and tailored the hearings to accord variable due process hearings depending on the issue. For example, it can be argued that a full trial type hearing is not mandated for a written reprimand since there is no deprivation of a property rights. Some agencies have not adopted procedures and the question arises as to the type of. hearing and who has jurisdiction. The increased demand by legal counsel for peace officers to have full evidentiary hearings no matter what the issue, is part of the due process expansion trend discussed below. EXPANSION OF DUE PROCESS A number of cases, particularly those stemming from 1970 to date, confer Constitutional protection to permanent public employees with civil service status. They have a property right entitling them to due process protections. The case of Skelly v. State Personnel Board decided by the.California Supreme Court in 1975 extended due process to the pre-disciplinary process by mandating certain protections for protected employees before they incur significant discipline such as a suspension, demotion, or termination. 2 These protections involve notice with reasons including materials upon which the charges are based and a right to respond orally and/or in writing to the disciplinary authority imposing the discipline. This response may involve a meeting, not a full scale evidentiary process. The latter comes during the appeal stage, after discipline has been imposed. All public employees, whether tenured or probationary, permanent or temporary, may in some instances possess liberty interests in employment. This can arise if the agency impugns the employee in a manner that can effect future employment. If this occurs the employee may be entitled to a hearing to , at least, clear his name. This is a simplified summary of the law in this area, however, particularly since the 1979 case of Lubey v. San Francisco, public agencies are advised to say nothing with regard to why the terminate a probationary employee. To do otherwise, can raise the spectra of a liberty interest hearing. Recent attempts to expand the hearing process and to broaden its scope for peace officers under the bill of rights referred to above are another example of the ongoing trend to seek expansion of due process and the concomitant rights to and scope of hearings. The tug of war over what process is due with regard to various employee rights is generally healthy and will continue to take place, attempting to strike a balance between what is .at stake for the employee and,management's right to act and not be overly tied up or economically hampered by due process factors. It -is possible that these developments will evolve into expanded jurisdiction for the Personnel Commission on certain issues. DISCRIMINATION LAWS Over the past decades Title VII of the Federal Civil Rights Act and the California Fair Employment & Housing Act (FEHA) along with the EEOC guidelines, Family Medial Leave Acts, the Disabilities Act (ADA) ,Labor Code, MMBA, Immigration Reform and Control Act, and Confidentiality of Medical Information Act deals with discrimination based on race, religion, national origin, gender, sex, mental and/or physical disability, marital status, pregnancy, childbirth - related medical conditions, political activities, protected. union activities, citizenship, and certain.medical issues. The regulations and . litigation stemming from these statutes- including "harassment' cases creates a substantial body of law, which will continue to develop with regard to discrimination in the work place. The scope of these statutes and their remedies generally preempt the Commission from adjudicating issues of discrimination that fall under their scope. THE EXPANSION OF RIGHTS AND BENEFITS IN THE WORK PLACE All of the statutes referred to under the above heading of Discrimination Laws also provide an expansion of.work place benefits such a family and medical leave-rights, certain rights of accommodation in the work place. In addition, various safety statutes including OSHA , and the workers compensation laws, along with the Fair Labor 3 Standards Act (FLSA) continue to impact local government. Most of these laws preempt local adjudication and therefore do not impact on the City grievance procedure or hearing jurisdiction of the Personnel Commission. FUTURE DEVELOPMENTS Significant developments with regard to the above and in other areas not dealt with in this initial report shall be provided in the future. Please advise if there are any questions regarding this report and if you want additional information on any of the above subjects or additional items of interest. - 4 1 - • I, i I I j I I i i - i ii i i I { - l t I� I i ' I - ' I I I r {i I I' I - I 'I I i I. I , I I i' i I i• ��i: fit' r.i'• - I I i I' : I i r' I' I :I • : r , .. ,. 1 r .... .. ., : �� .ra: •.�...,:,:i. r4 .. ,,,.,�=.;,�.::,..:-:: �i(�' -'•f�; �.f... �;'.�Fi':e!':`ti•i•I'� ti i' T�.�r��'.".:'.:-..� ;.�i�'`.. :•:1:.:.�. :.. .• .1. I: .. I .. ,.1- .. „ ..,.. .. •,e- , "' S'i^i-lr'i`'Y':�t.. :P: •�'I .'.I�i i}:iu• .. ,, .. ,.I,r.. r .r :•.... ... ...�,.,. a ,.. ... ......:.. ... .. ..t., •t, ^l;:��?';:.• •.•,•.::�...V. ..,!;rr;:..�.. .:;�:.',-'. r r .L. I" I r ,t ., .....,f;':,'..1:6r1 ..,.. .h:r?"•:9 J.f ,'<� -`•'3 ,.h:;tp .kb.<:b :,t. 'i<'{ ,.,:.;q..+t...:�pp�.:n1•i:I I •n .•Fi i �:I`��. ,.. . I. li� 'I. I. LI.I'i,l,r,.,.�-,r-"I" „ .,r_�I,•:'t..,i.L• dl` .. ,,. r . . .. ,,,, .. .r.:,.l�_tc• �..,,....rv:.4`•.1.,...-:.,..�I:�. �_'t'i 4.,t..l:a, ...e�-�. .,.,. ..v`_••i 4-�4.:-'n:t�'tvo.t,,..,..:h 1. -h�`'.;�; .. .»„ ..-I.. ,r,,.... ,':•r.r^.,v J'��-: .:�i�',� . . •�; Aq CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION Huntington Beach TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSELTO THE PERSONNEL COMMISSION SUBJECT: ROLE OF COMMISSION LEGAL COUNSEL DATE: November 20, 2002 BACKGROUND In the past, legal services for the Commission were provided for by the City Attorney's Office. Because that office sometimes appears before the Commission in a representational and/or advocacy role, it was determined to provide special counsel to the Commission. Commission legal counsel serves pursuant to a professional services contract with the City for Legal Services Involving Matters Before the Personnel Commission and other related matters as the City.Attorney may assign. The Agreement;also provides that the. City shall assign a staff coordinator to work directly with Consultant (attorney) in the performance of the Agreement. The Personnel Commission is an arm of the City government through its creation by ordinance of the City Council. Accordingly in view of the above, the role-of legal counsel to the Commission can be summed up as follows: ROLE Provide legal services to the Commission and City regarding personnel and labor issues involving the Commission including their authority and jurisdiction with assistance from Staff and in coordination with the City Attorney's office. Legal services include the provision of legal advice at meetings, written legal opinions and memoranda, and the preparation of documents for the Commission including findings of fact and conclusions' of law in support of a Commission decision to reject or modify a hearing officer's decision. Legal counsel for the Commission acts independent of the City Attorney's office only in those situations where the City Attorney's office appears before the Commission such as representation on a grievance or disciplinary matter. This independent advisory role could also apply in the rare circumstance where the City Attorney's office or a member thereof is before the Commission on some personnel issue directly involving that office'.'- or its member. This report has been reviewed and concurred in by the City Attorney Office. . - �Z; '..,*11 1Ir—,I..4P.;j,.--,,,.Iw t - 11"t1t;iVI : 111 Ir, TIf, 4, Ij7 I is l �' I QI I I� � i II': • li II is Li is iv % CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION Huntington Beach TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: COMMISSION AGENDAS, MEETINGS, AND THE BROWN ACT DATE: November 20, 2002 California's Open Meeting Law known as the Brown Act commences at Section 54950 of the California Government Code. The following summary is a brief review of the Act as it applies to the Commission. Please advise if you want copies of the statute itself. For Commission consideration and use a recommended Agenda Format and Agenda Procedures are attached to reflect compliance with the statute. In sum, the Brown Act requires that the Commission can only discuss and act on subjects that are before them on an agenda at.an open public meeting. The primary purpose of the Act is to assure that public business is conducted 'in public and assure that the public is informed by specific agenda items as to the business of the body for a particular meeting without surprises as to what is to be discussed and/or acted upon. The goal.is to avoid discussion of items that the public is unaware of in terms of the printed agenda. There are limited exceptions for discussion and action on certain items that are not on the printed agenda. For example, such action may occur if 2/3 of the Commissioners determine that there is a need to take immediate action that arose after the agenda was posted. Government Code Section 54954.2 (b)(2). There are also exceptions allowing an agenda matter to be discussed in Closed Session. This includes certain, specific issues such as the consideration of public employee discipline. Government Code Section 54957. With regard to the agenda item of Comments from Commissioners, the Brown Act provides some leeway for discussion of non-specified items as set forth in-the attached sample agenda that is consistent with Government Code Section 54954.2 (a). Violations of the Brown Act, even if unintentional, often breed public and media criticism and possible civil or criminal action. As legal counsel to the Commission, I shall keep you advised of any problems that could arise in order to avoid these problems. The attached sample agenda and agenda procedure are presented to assure compliance with the Brown Act. CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION Huntington Beach TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: AGENDA PROCEDURE DATE: November 20, 2002 PURPOSE: To assure compliance with the Brown Act. The noticed agendas of the Commission is a calendar and blueprint to the public and interested parties as to the business of the Commission. In general, the public is entitled to rely on the order of business and the specification of agenda items as the business of the Commission for a particular meeting. It should be noted that without a Staff Report, those attending the meeting may not comprehend the particular agenda subject. PROCEDURE: 1. Proceed in order and read the title of the Agenda item. For good cause including the convenience of the public, the Commission may move to take an agenda item out of order. 2. Ask for the Staff Report. 3. Ask if the Commissioners have any questions or comments regarding the Staff Report. 4. .If the item is a public hearing,..go through the following steps. If not, deliberate and take action. a. Announce that this is a public hearing and seek testimony. b. After testimony, close the public hearing. c. Deliberate and take action. Roll call is recommended, however, a voice vote is an alternative. Sample AGENDA Sample PERSONNEL COMMISSION (Mock Meeting) 1. CALL TO ORDER: Roll Call of Commissioners(list names) 2. PUBLIC COMMENTS: The Personnel Commission welcomes public comments on items of communityy interest that are within the Commission's jurisdiction before our consideration of that item. If you are.in attendance to participate with regard to a matter scheduled for.a public hearing, please address the Commission when that hearing is called. Please focus your comments on the issue and avoid negative, derogatory comments directed at individuals. Three minutes per person,time may not be donated to others. No action can be taken by the Personnel Commission on an item that is not agendized. 3. APPROVAL OF MEETING MINUTES: Meeting of September 1,2002. 4. PERSONNEL DISCIPLINARY HEARING: Consideration of recommendation of hearing officer, supplemental hearing pursuant to Rule 20 of the Personnel Rules and related Memorandum of Understanding (MOU) provisions. (Closed session option pursuant to Government Code Section 54957)-Grievance#02-000. Recommended Action: Deliberate in closed session, determine whether to sustain, reject, or modify the hearing officer's recommendation. If the Commission rejects or modifies,direct the Commission's legal advisor to prepare findings and conclusions reflecting the Commission's action. Announce decision and vote to the parties. . 5. CONSIDERATION OF REPORT CONCERNING ADVISORY ROLE OF COMMISSION: Recommended Action: Review and discuss staff report,adopt(or modify)recommendations. 6. PUBLIC HEARINGS: A. A Public Hearing Regarding Amendments to the Classification Plan of the City. Recommended Action: At the conclusion of the public hearing approve the recommended amendments. B. Public Hearing Concerning Revised Class Specifications for Dog Catcher Position. Recommended Action: At the conclusion of the public hearing, reject the proposed specifications and remand for further study. 7. COMMENTS FROM COMMISSIONERS: Announcements,brief report regarding Commissioner activities, ask questions for clarification, request information from Staff, direction to Staff regarding a future agenda item or for the provision of information for a future meeting. - - --- -.- .. .. 8. ADJOURNMENT: To the next regularly scheduled meeting of October 18,2002.*-. *If the next scheduled meeting is regular meeting,this statement is not necessary. { CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION. Huntington Beach TO: PERSONNEL COMMISSION_ FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: REVIEW OF TAPE RECORDING COMMISSION MEETINGS . DATE: November 20, 2002 This memorandum shall serve to provide the Commission and staff with information regarding the tape-recording of Commission meetings and related issues. 1. The meetings can be taped as an aid to preparation of the minutes. The recording of a meeting should be directed by the legislative body (Commission). 2. Pursuant to Government Code Section 54953.5(b), the recording must be available to the.public for at least 30 days. After.30 days it may be destroyed or erased. 3. Based on any concerns regarding storage of the tapes, the above cited code section addresses that concern. 4. Concerning the minutes, a caveat may be added at the top of the minutes to the effect that "The minutes are not a verbatim transcript. They reflect action taken with a summary of the deliberations." In view of the above, it is recommended that the Commission consider a Motion to direct the tape (electronic) recording of Commission meetings for purposes of providing an aid to the preparation of minutes for the meetings, and that the recordings shall be maintained for at least 30 days, but no longer than the day after approval of the respective meeting minutes by the Commission. A recommended motion at a future Commission meeting is: Move to direct the Commission Secretary to tape record Commission meetings consistent with Government Code Section 54953.5(b) as an aid to preparation of minutes and to retain the recording for at least 30 days or the date after the minutes are approved by the Commission whichever is later. Please advise if there are any questions. •�, T CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION Huntington Beach TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: DEFINITIONS DATE: November 20, 2002 The following presents certain definitions that are key to the Personnel System in Huntington Beach. To the extent I have overlooked certain words or concepts, this list shall be supplemented. 1. City Personnel System - As established by City .Charter Section 403 and City ordinance provisions (Chapter 2.72), the City's personnel system commonly called a "merit system" features the traditional elements of a merit based competitive system such as competitive selection and the exemption of certain non-classified positions. Competitive service is defined in the Personnel Rules- as.positions and classifications that.are included within the personnel system by ordinance. These are the positions generally entitled to full civil service (merit) protection after a probationary period such as discipline for cause and rights to an evidentiary appeal hearing. 2. Exempt or Excluded Employees - The word "exempt" is commonly used with reference to the Fair Labor Standards Act (FLSA) to denote those employees not covered (exempt) from eligibility for overtime pay. In the context of the Huntington Beach Personnel System it also means those employees excluded from the competitive service. Charter Section 403 and Code Section 2.76.010 excludes the following from the competitive (civil) service: elected officers, the City Administrator, Assistant City Administrator, and appointive department heads. Other exclusions from the competitive service include emergency employees, employees who work a regular work schedule of less than 1040 hours in any fiscal year and temporary employees. The selection of those (non-elected) officials is based on merit and competition, however, they are not . protected employees in the sense of termination. In effect, they are at-will employees. In situations where the competitive service requirements apply, they are not mandated with regard to these exempt employees. A recent example applies to the new Information Services Director (a department head) class specification. Review and approval by the Personnel Commission is not mandated. 3. Class - A group of positions sufficiently similar in duties, responsibilities, authority and minimum qualifications to permit combining them under a single title, and to permit.. application of common standards of selection and compensation. Personnel Rule 4.8.- 1 r ! � 4. Classification Plan - The Designation of a title for each class, together with the specifications for each class, as prepared and maintained by the Personnel (HR) Director with departmental input. Personnel Rule 4.9. 5. ..Class Specifications = A written job description of a classification setting forth factors and conditions that are characteristic -of positions in . that classification. Personnel Rule 4A 0. 6. Reclassification - The reassignment of a position from one class to a different class after reevaluation of the minimum qualifications, duties, authority and responsibilities of the position. Personnel Rule 4.41. 7. Grievance - The grievance procedure in Huntington Beach applies to non- disciplinary matters. A separate review procedure 'applies to disciplinary appeals. Personnel Rule 19 entitled Grievance Procedure Non Disciplinary Matter defines a grievance as " a dispute concerning the interpretation or application of any provision of the city's Employer-Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions...° This grievance procedure would also apply to interpretation and application issues that arise under a negotiated MOU, except for negotiation impasse issues. Rule 19 specifically excludes disciplinary matters from its coverage. These are treated by Personnel Rule 20. 8: Disciplinary Matters- Rule 20 provides for review in disciplinary matters..Confusion,_ . may arise because this section refers to "grievances of employees arising out of disciplinary matters..." (emphasis added). The fact that this section refers to the "grievance procedure for this Rule..." probably creates some confusion with Rule 19 which applies to non-disciplinary grievances. Perhaps the best approach is to divide. Huntington Beach grievances into two categories: non-disciplinary rule and contract issues (Rule 19) and disciplinary appeal issues (Rule 20). Both define their subject matter and prescribe a procedure for processing, as amended by various MOU provisions. (MOU interpretation is not subject to administrative grievances.) 9. MOU/Memorandum of Understanding - A written, negotiated agreement or contract . between the. employer and recognized representatives of employees in a bargaining unit that sets out conditions of employment (wages, hours, fringe benefits, etc.) for a stated period of time. It is a binding contract when ratified by the governing body. 10. Meet and Confer Process -The duty under the MMBA of the employer to meet and confer on matters within the scope of representation and fully consider presentations made by recognized employee organizations prior to arriving at a determination of policy or course of action; the duty of the parties to meet and confer promptly on request of either party and continue for a reasonable period of time in order to exchange information, opinions, and proposals, and to endeavor to reach agreement. The opposite of meet and confer is the unilateral implementation of a policy or course -of action by management without meet and confer. The broad scope of representation usually precludes this from occurring. Even in the area of management rights such as 2 r I t ` the imposition of lay offs, there must be some meet and confer on the effects of lay offs. If something is negotiated into an MOU or rule of the City, it can take precedence over the Personnel Rules or other existing City regulations. -Section 21.13 of the Personnel Rules gives precedence to MOU provisions that may be inconsistent with the Rules. 3 1 � Reference Materials 1. City of Huntington Beach Citizen Groups New City Council Member Information & Reference Manual: Role and Function of City Council, pgs. 1-1 to 1-2 2. City Charter 3. Municipal Code Chapter 2.100 — Operating Policy for Boards and Commissions Chapter 2.72 — Personnel System 4. Personnel Rules Rule 4 - Definitions Rule 12 — Classification Plan Rule 14 —Additional Pay and Pay Adjustment Rule 19 — Grievance Procedure Non-Disciplinary Matters Rule 20 — Review Procedure In Disciplinary Matters Rule 21 — Grievance Procedures - General 5. Employer/Employee Relations Resolution 6. Memorandums of Understanding ' 7. Personnel Commission Procedures Disciplinary Grievance Appeal Hearing Procedures, 11/25/97 Procedures For Review of Hearing Officer Recommendations Regarding Discipline Appeals, 11/20/97 Procedures for Empasse Hearings, 2001 8. Definitions 9. City Council Resolution No. 2002-108 Relating to the Establishment of Classification Specifications for Appointive Department Head Positions RECEIVED FROM a' u"` �.•vt-tom AND MADE A PART OF THE RECORD AT COUNCIL MEETING OF Tr ::a 6 OFRCE OF THE CITY CLERK CONNIE BROCKWAY,CITY MEW ITEMS rvj C� / PREFERENCE MATERIALS � Section 1 CITY OF HUNTINGTON BE. -ri CITIZEN GROUPS NEW CITY COUNCIL MEMBER INFORMATION & REFERENCE MANUAL ROLE AND FUNCTION OF CITY COUNCIL According to Section 301 of the City Charter, all Powers of the City shall be vested in the City Council except as otherwise provided in this Charter. A listing of City Council duties are contained in the City Council Manual (Rev. 1994), but a short summary is provided below. 1. Holding regular meetings at least twice per month, on the first and third Mondays at 7:00 pm (Charter Section 303). 2. Calling special meetings by the Mayor or a majority of the City Council (Charter Section 303). 3. Administering oaths and affirmations in any investigation or proceeding, to compel attendance of witnesses, to examine them under oath (Charter Section 304). 4. Adopting ordinances and resolutions (Charter Section 500). 5. Approving city contracts or authorizing the City Administrator so to bind the city (Charter 613). 6. Providing for the sale or exchange of personal property not needed in city service (Charter 613) by ordinance or resolution. 7. Appointing the City Administrator and setting his compensation (Charter 400). 8. Removing the City Administrator by majority vote, except within 90 days of a municipal election (Charter 400). 9. Refraining from interference with the administrative service, except for the purpose of inquiry. The City Council must deal with the administrative service through the City Administrator. 10. Providing by ordinance or resolution for the organization, conduct and operation of the various offices and departments of the city. 11. Controlling all legal business of the city. . 112. Designating depositories for city funds. 13. Fixing by ordinance or resolution amounts and terms of official bonds of all officials or employees. 1-1 CITY OF HUNTINGTON B. H CITIZEN GROUPS NEW CITY COUNCIL MEMBER INFORMATION & REFERENCE MANUAL 13. Refraining from having any conflict of interest in any transaction of the city. 14. Refraining from engaging in nepotism. 15. Appointing to and creating the various boards and commissions of the city. 16. Establishing by ordinance a comprehensive personnel system. 17. After public hearings, adopting the annual budget of the city. At subsequent meetings, the City Council may amend or supplement the budget. 18. Establishing by ordinance, the procedure for assessment, levy and collecting of taxes upon property within the city. 19. Incurring bonded indebtedness for the city which does not exceed twelve percent of the total assessed valuation. 20. Providing for an independent audit of the city each fiscal year. 21. By ordinance, regulating the granting of franchises. Term of Office The City Council is comprised of 7 members elected from the city at large for terms of four years. No person shall be elected as a member of the City Council for more than two consecutive terms. No person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term (Charter 300). The election of City Council Members is staggered in two cycles. Four City Council Members are elected at one general municipal election, which is followed by the election of the remaining three City Council Members two years later. Vacancies on the City Council for whatever reason shall be filled by appointment of the City Council (Charter 312). If the vacancy is not filled 60 days, an election must be held. 1-2 REFERENCE MATERIALS Section 2 .......:::::.:v::::::::r:::?::;i{-:::}5:5>•„ .. :.,.... ..-... .......::::::.::..}:.. ................::v::..............v5•.:l'-: .v.h.:..v!<±±}..iv.:?;?�}}�J•: :i i;•:{-:i??;-;:?.:{-:i{i:.y::::i:.::.... \•J25YYYJ:Y'}i'-i±`.v:::. 1`::v..:±,.,...- ... .... v.. ..... ..v.v. .:.: .v..,...,.,ay.:::w:.♦.,.:�::::��j'ti-::YYiv i.`l.`h}::•S.y`i:v`ty.;y:•::.v.r?\.iiii>:'"`?:j}�::�25,� C::C}}Y'ry'.;.}v_.� ,.�,,, ...,.....:::::.:::::?;::::::p.v: ,,v.. ::v it-`ri��v:•`.<�`:±' :i::':�: ..�vx.,,,.v.. ..Y. ) y5y -:.:.::.:x•.,n.........•.,w.,,.,,.n�a:\•.,,,v.,i..,..v -::•. ri v:r.:v:i::{:{:r::...a:.:::•:xv,:..:.,:,..vri. ''::vx..:v:n,,..n:::•nv.,v.:tii;::r-:�i�:�v „>.;Ci"is�i}:tii:`L::::i{-..-.,-.w.v,:.vah•\`...v,-:.vi+::�::viit+'Rm!\v:.v . ve-NA; t :v T.`v \:a h. : Y pt::::zt:'T::::c:?;< <:s�•z'z ±•.Ca:;.+::}:-:::r,.`:"' :-�»:-;YY:.yYY;::>::Y::::;:2:i^:;:::�:•`.};}:'::T:T;;Tr±:,,,,�.�;�;C},t,y2:.,,.<-:.t• `±..... H ;z h}}:. .T ...v;•. ....:-... \N.v.,:•.w:, -v.x.. v,vv;}.. G:j}` TST'iyi:�:;Y i,:• :;.i$:45`};:4viy,.::±}va`;.`:.`y.a..•}a\„v\y::•Y>::-...-..:........:..,.:...:.•r:v. }:...... .v..fY:"..$}$...:.•.:..i:• \-.v i�{4iv yy t..JA^±x.,,,.t.,Jaa"•TS,n}}..\tr,r}... •:i•: MA-4 .n\ .�w.v :. KIM . }:. \:n v.� ,SYYY }zxzzxh :tiff ff; •.�:::...:�....i'f•.;.:::.�:...:,at.`;;?:,..,..i,i...,.}.,:.::;.:i-:::.�,-:::,::,-.a:..::.:::5:?::.?....}.::�.::t.:.,;;;•::.:i±±:.t}::}:i:±::>±::$$::T$$i::Y$iY:±Y$$ � 10 INGl 0 0 8 O it P R A TF -77 O V 77� 1.909� CC, . 0 NT �( Incorporated, February 17, 1909 REFERENCE MATERIALS Section 3 Huntington Beach Municipal Code 2.100.010-2.100.065 Chapter 2.100 OPERATING POLICY FOR BOARDS AND CONMSSIONS (2896-6/87,3124-12/91,3250-10/94,3256-11/94,3323-5/96,3327-5/96,3391-8198) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.065 Statements of Economic Interests 2.100.070 Employment limitation 2.100.080 Duration of terms 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment,term of office,and powers and duties. (2896-/87,3124-12/91) 2.100.020 Definitions. . (a) Board-a body of members appointed pursuant to Huntington Beach Charter§405 to serve in a continuing advisory capacity to the City Council,except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (3250-lo/94) (b) Commission-a body of members appointed pursuant to Huntington Beach Charter§405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee-a body of members appointed pursuant to Huntington Beach Charter§405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budizet. When deemed necessary,the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896.6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-/87) 2.100.050 Staff liaison and residency. Unless otherwise specified,each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commissions shall be residents and electors of the City of Huntington Beach. (2896.6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two(2)consecutive terms on any one(1)board or commission, and no person who has been a member for more than two(2)years of a term to which some other person was appointed a member shall be appointed to the same board or commission for more that one(1) further consecutive term. (2896-6/87,3255-11/94,3323-5/96,3327-5/96) 2.100.065 Statements of Economic Interests. Every person appointed to a board,commission,or committee designated by the City Council resolution adopting the City's Conflict of Interest code,shall file a Statement of Economic Interests with the City Clerk on forms provided by the City Clerk. Statements of Economic Interests shall be filed upon taking office,annually no later than thirty(30)days after the date specified by law,and upon leaving office. Any such person who fails to file a Statement of Economic Interests as provided in this Section shall automatically vacate the office. (3391-8/98) 8/98 2.100.070-2.100.110 Huntington Beach Munidpal Code 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-&87) 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified,terms of members of boards and commissions shall be four(4)years,staggered so that the majority of terms shall end in odd-numbered years following the election of four(4)council members and remainder of the terms shall end in odd-numbered years following the election of three(3)council members. (289s-6i87) 2.100.085 Attendance. Any person appointed to any city board,commission,or committee shall automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon more than three(3)consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M.Brown Act(Government Code § 54950). (2898-6/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-&87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions,unless an ordinance enacted after the date of this section establishes different requirements. (3124-12/91,3323-5/96) 8/98 Huntington Beach Municipal Code 2.72.010--2.72.065 Chapter 2.72 PERSONNEL SYSTEM (1225-8/66, 1642-6l71,2058-6/76, 2377-7/79,2464-12/80,2665-12/83,2926-2/88,3323-5/96) Sections: 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, 1642-6/71,2464-12180) 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, 1642-6n1,2464-12/80) 2.72.050 Commission created. There is hereby created a Personnel Commission to consist of seven (7) members. (1225-8/66,2377-7/79,2665-12/83) 2.72.060 Commission--Members--Terms. The members of the Personnel Commission shall be appointed by the City Council from the electors of the city. No member shall hold any paid office or employment in the city government while serving on the commission or for one (1) year after ceasing to be a member. Members shall be subject to removal by motion of the City Council, adopted by the affirmative votes of a majority of the total membership thereof. 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, 2377-7l79,2926-2188, 3323-5/96) 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) 2188 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: (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration; (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; (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. (1225-8/66,1642-6/71,2377-7/79,2464-12180) 2.72.080 Meetings--Chairperson. As soon as practicable following the first day of July of each year, the Personnel Commission shall elect one of its members to serve as chairperson of the commission. The City Administrator shall designate a secretary for the Personnel Commission who need not be a member of such commission, and who shall keep a record of its proceedings and transactions. The Personnel Commission may prescribe its own rules and regulations subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the city clerk where they shall be available for public inspection. (1225-8/66, 1642-6n1, 2377-7179) 2.72.090 Oaths--Affirmations. Each member of the Personnel Commission and the secretary thereof shall have the power to administer oaths and affirmations in any investigation or proceeding pending before such commission. (1225-8/66, 1642-6/71. 2377-7n9) 2.72.100 Employer-employee relations. An employer-employee relations resolution shall be adopted and may be amended from time to time by the City Council following hearings open to the public before the personnel board. (1225-8/66, 1642-6/71) 2.72.110 Self-insurer's loss fund trustee account. A "self-insurer's loss fund trustee account" is hereby created. Such account shall receive as revenues those amounts from those sources as designated by and appropriated by the City Council. Disbursements from such account shall be used for the following purposes only: (a) To pay all medical and disability compensation benefits for city employees who incur job- related injuries as required by state law; (b) To pay premiums for workers' compensation insurance or re-insurance; 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 with 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. (2058-6/76) 2/88 REFERENCE MATERIALS Section 4 fi rsi„ �/ o s.3„fool A-f" /y�'• Fps T RESOLUTION N0. 3960 Spy S, -�� d,,.p�tsPs, A RESOLUTION OF THE` CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AMENDED RULES AND REGULATIONS GOVERNING PERSONNEL ACTIVITIES WI1THIN SAID CITY WHEREAS, the City Council is authorized and directed, under the provisions of Article 183 , Chapter 18 of the Huntington Beach Ordinance Code , to adopt rules and regulations , as amended, for the administration of the personnel system created by the city Charter and said code , _ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt the following amended rules : RULE 1 PURPOSE The objectives of these rules are to facilitate efficient and economical service to the public and to provide a fair and suitable system of personnel management in the municipal government . These rules set forth, in detail, procedures to accomplish the following: to insure similar treatment for all who compete for employment and promotion; and to define obligations , rights , benefits and prohibitions on all city employees . At the same time , it is recognized that individuals differ, and that no rule or regulation may properly prescribe uniform conditions applicable to every individual circumstance . RULE 2 PRINCIPLES The intent of these rules is to recognize the following principles : the citizens of Huntington Beach have a right to expect that the city will employ the best qualified persons available ; that tenure of every city employee will depend upon need for the work performed, availability of funds , effective performance , proper personal conduct, and continuing fitness for his position; and that each employee will be encouraged and pre- pared to perform at his optimum level . 1. /cs Employees of the city have the right to be fully informed of expected performance, level of performance, promotion on the basis of merit and ability, reward for good performance, discipline for poor performance , and protection from suspen- sion, demotion, or dismissal without just cause . RULE 3 GENERAL PROVISION FAIR EMPLOYMENT. City employment shall be based on merit . 10 appointment to, promotion to or removal from a position in the competitive service shall be affected or influenced in any manner by sex, race, color, creed, nationality , age , po- litical or religious opinion or affiliation, except as provided elsewhere in these rules . RULE 4 DEFINITIONS The following terms , whenever used in these rules , shall be construed as follows : 4-1 . ACTING APPOINTMENT. The appointment for a limited period, of a person to a position in a class for which no em- ployment list exists ; to a position in a higher class occupied by a permanent appointee on suspension; or to a position in a higher class occupied by a probationary or permanent appointee who is on authorized leave of absence; or occupying a position for which a vacancy exists . 4-2 . ANNIVERSARY DATE. The most recent date of com- mencement of full-time employment with the city, unless the term "anniversary date" is used to describe merit salary step advancement date . 4-3 . APPELLATE AUTHORITY. Any person or board who has authority to hear an appeal as provided by these rules . 4-4 . APPOINTING AUTHORITY. Appointing authority shall mean a department head, with respect to personnel in his de- partment , or the officer or officers of the city designated by the city .Charter to make appointment to a position. 4-5 . APPOINTMENT. The employment of a person in a position. 4-6 . BOARD. The Personnel Board established in ac- cordance with the city Charter. 2 . RESOLUTION NO. 5386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 11 OF EMPLOYER- EMPLOYEE RELATIONS RESOLUTION NO. 3335 RELATING TO PERSONS NOT IN UNITS WHEREAS, the City Council approved the current Memorandum of Understanding with the Huntington Beach Management Employees Organization by resolution on August 1 , 1983, and Such Memorandum of Understanding provides that "The depart- ment head positions of Chief of Administrative Services , Director of Community Services , Director of Public Works , Director of Development Services , Fire Chief, and Police Chief may cease to be represented by the organization upon mutual agreement . . , " and Each such listed department head has so agreed by executing the attached Exhibit "A" hereto, and Section 11 of Resolution No . 3335 does not presently apply to such listed department head positions , and the City Council desires to amend such resolution to include such positions and more clearly articulate the proce- dure to be followed relating to salary and benefit increases , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that Section 11 of Resolution No . 3335 is hereby amended to read as follows : Elected and appointed department head positions and all other employees not included within an appropriate unit and, therefore , not represented by a recognized employee organization, hereinafter referred to as "non-associated, " shall have their base salary ranges, fringe benefits and other terms and conditions of employ- ment , insofar as such do. not conflict with the city Charter , determined in accordance with the following procedure : (a) The City Administrator shall assemble relevant data and information pertinent to the matters encompassed by this section and shall discuss such data and information with all non-asso- ciated individuals who shall have the right to present to the City Administrator additional relevant data and information which shall be duly received and considered in good faith by the City Adminis- trator . The relevant data and information shall be prepared not later than May 1 of each year . Relevant data and information shall include , but not be limited to, salary surveys of comparable cities and data regarding salaries and benefits of other employees of the City of Huntington Beach. 1 . (b) The City Administrator shall then present recommendations to the City Council for changes in the salary ranges , fringe bene- fits and other terms and conditions of employment for such employees . Such recommendations shall be presented in written and oral form along with the relevant data and information . (c) After duly considering all relevant data and informa- tion received by it, the City Council shall by resolution deter- mine the matters with which this section is concerned. Such determination shall be based on relevant data and information . In the event the City Council rejects the recommendation of the City Administrator, the City Administrator and the non-associated individuals shall have the opportunity to appear before - and be heard by the City Council, with respect to which such individuals shall have the same rights as enumerated in subsection (a) of this section, prior to the determination by the City Council of such matters. (d) All salary and other adjustments .made pursuant to this section shall be effective as of July 1 of each year unless other provision is made , and the funding thereof shall be included in the city ' s budget . (e) The purpose of this section is to determine salary and other adjustments for a position without regard to the individual occupying such position . Section 11 of Resolution No . 3335 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED . by the City Council of the City of Huntington Beach at. a regular meeting thereof held on the 4th day of June 1984. ATTEST: APPROVED AS TO FORM: n City Clerk -3=30-JYCity Attorney I REVIE D APPROVED: ED N AP OVED: City Administrator Chief, ministrative Sery ces 2. EXHIBIT "All CONSENT BY APPOINTED DEPARTMENT HEAD POSITIONS We , the undersigned department heads, have read the within Resolution amending Section 11 of Resolution No . 3335, and hereby agree therewith pursuant to the provisions of Article 1 of the Memorandum of Understanding with the Management Employees Organi- zation mentioned therein . Police Chief Fire thief Public Works Director Director , Development Services Director , Community Services . Chief, A nistrative S vic s REFERENCE MATERIALS Section 6 6. Memorandums of Understanding The following sections are from the Municipal Employees' Association Memorandum of Understanding (MOU): • Personnel Rule 19 — Grievance Procedure Non-Disciplinary Matters • Personnel Rule 20 — Disciplinary Procedure and Appeal • Personnel Rule 21 — Grievance Procedures — General • Employer-Employee Relations Resolution; Modification of Section 7 — Decertification and Modification • Grievance Arbitration These are also included in the MOUs of the following associations: • Management Employees' Organization • Police Management Association • Police Officers' Association • Firefighters' Association • Fire Management Association • Marine Safety Officer Association Res.No.2002-24 ML IPAL EMPLOYEES' ASSOC IA j MEMORANDUM OF UNDERSTANDING c) 18-19— Maternity Leave' The City and the Association agree to modify the present Personnel Rule 18-19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employees physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Human Resources Officer." d) 18-20 — Leave of Absence without Pay The City and the Association agree that the following sub-paragraph "C" shall be added to. Personnel Rule 18-20. Leave of Absence without Pay: Leave of absence without pay, for medical disability reasons, shall be restricted to six (6) months. 8. Rule 19 — Grievance Procedure Non-Disciplinary Matters a) 19-5 Grievance Procedure 1) Step 4 —City Administrator If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Officer, who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Officer, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Officer. 01-02 MEA MOU Final 23 3/15/2002 2:40 PM MUNICI EMPLOYEES' ASSOCIATIC MEMOKANDUM OF UNDERSTANDING 2) Step 5 — Personnel Board Hearing Hearing. As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or. from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or-ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 9. Rule 20 —Disciplinary Procedure and Appeal a) 20-1 — Purpose The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which an employee's may administratively appeal any such disciplinary action. b) 20-2 — Disciplinary Procedures 1) Notice of Proposed Adverse Action For disciplinary demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her designee, or by certified mail, prior to the proposed disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. 3) Time Off The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision 01-02 MEA MOU Final 24 3/15/2002 2:40 PM Res.No.2002-24 MU► PAL EMPLOYEES' ASSOC IA N MEMORANDUM OF UNDERSTANDING After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date or the action. c) 20-3—Appeal to Personnel Commission Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal Within five (5) days after the employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the Human Resources Officer. 2) Hearing As soon as practicable thereafter, the Human Resources Officer shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Board. 3) Final Decision The Board shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. d) 20-4 — Supplemental Hearing by Personnel Board 1) The Board may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Board sets a private hearing for such purposes, the Human Resources Officer shall give written notice to all parties concerned in such matter. 01-02 MEA MOU Final 25 3/15/2002 2:40 PM roes. NO.LUUl-14 MUN 'AL EMPLOYEES' ASSOCIAT: MEMORANDUM OF UNDERSTANDINV 2) The Board, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further appeal. e) 20-5 — Employee Status on Pending Appeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action shall be effective pending an appeal to the Personnel Commission. 10. Rule 21 — Grievance Procedures - General a) 21-7 Hearing Officers The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. b) 21-11 Time. Computation of The period of time in which any act must occur, as provided in these rules, shall be computed by excluding the first and including the last day of such period, and in the event the last day falls on a Saturday. Sunday or legal holiday, such acts may be accomplished on the next succeeding working day. As used in Rules 19 and 10, all references to days shall be interpreted to mean calendar days. c) 21-12 Time. Extension of The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. B. Emplover-Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU Except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current 01-02 MEA MOU Final 26 3/15/2002 2:40 PM ties.no.LUUl-14 MUNI AL EMPLOYEES' ASSOCIATI MEMORANDUM OF UNDERSTANDING Employer-Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Officer, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed changed to the Employer-Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Human Resources Officer shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Human Resources Officer's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a-granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel 01-02 MEA MOU Final 27 3/15/2002 2:40 PM Res.No.2002-24 Mk ;IPAL EMPLOYEES' ASSOCI� N MEMORANDUM OF UNDERSTANDING b) Prior service credit shall be counted toward sick leave and vacation accruals. c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee's unit. Sick leave shall be paid to an employee when the reemployment list(s) expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her sick leave re-credited by repayment to the City the cashed amount. Sick leave accumulation of less than 480 hours shall be restored upon reemployment. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. 2) Employees who have been reduced in class to avoid layoff and are returned within two (2) years to their former class shall be placed at the salary step of the class they held at the time of reduction and have their merit increase eligibility date recalculated. ARTICLE XIV—MISCELLANEOUS A. Grievance Arbitration Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. Tie arbitrator shall be selected by the par-ties from listings of and pursuant to the rules of the American Arbitration Association. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid by the party, which is not the prevailing party. B. Promotional Procedures 1. Tie Scores When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the City, the employee with the greatest length of service with the City shall receive the promotion. 2. Salary Upon Promotion 01-02 MEA MOU Final 34 3/15/2002 2:40 PM REFERENCE MATERIALS Section 7 DISCIPLINARY GRIEVANCE APPEAL NEARING PROCEDURES Section 20-5 of the Personnel Rules of the City of Huntington Beach provides that upon appealing a disciplinary grievance to the Personnel Commission, the matter is to be referred to a Hearing Officer, who shall conduct a hearing and make a written recommendation to the Commission. In order to ensure the fair and expeditious processing of the grievance, the parties and the Hearing Officer shall comply with the following hearing procedure on appeals of disciplinary grievances: A. Selection of Hearing Officer 1. The parties shall select the Hearing Officer and the time for an appeal hearing within thirty (30) days from the date of the filing bf the appeal. The parties shall notify the Personnel Commission of these dates. In the event that the parties are unable to mutually agree upon a hearing officer, the parry imposing disciplinary action shall provide the Commission-approved list of hearing officers to the grieving party. The parties shall alternately strike names from the list, with the party initially imposing the discipline striking the first name. The parties shall set the hearing at the earlierst date practicable. In the event the parties fail to select the Hearing Officer within the thirty (30) day period, the Chairperson of the Commission shall, as soon as practicable, select a Hearing Officer from the Commission-approved list, and set the place, date and_time for the hearing. B. Hearing Procedures 2. All hearings shall be held in closed session; provided, however, that the hearing shall be open to the public at the employee's request. 3. At least twenty-one (21) days before the hearing, the parties shall meet and confer on a briefing schedule and an exchange of exhibits and witness lists. If the parties cannot agree on these matters, then the Hearing Officer shall be consulted by conference call and may establish the procedures and schedules. Unless the parties agree otherwise, or the Hearing Officer so orders, no later than seven(7) days prior to the date set for a hearing, each party shall by notice deliver to the other party and the Hearing Officer their respective lists of witnesses. A party may not use a witness at a hearing for which notice thereof has not been given, except for good cause. 4. No opening brief shall be in excess of 15 pages without leave of the Hearing Officer. 1 G:SF-96Pers:Apl-RL112 11125/97-913 5. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of "supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings, and the Hearing Officer shall not be bound by technical rules of evidence. 6. The hearing shall be recorded by a certified court reporter. 7. The Hearing Officer shall rule on the admission or exclusion of evidence. 8. Each party shall, subject to the provisions of this Procedure, have these rights: To be represented by legal counsel or other person of his or her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues;to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him/her. 9. Oral evidence shall be taken only on oath or affirmation under the penalty of perjury. 10. The hearing shall proceed in the following order, unless the Hearing Officer, for good cause, otherwise directs: a. The party imposing discipline shall be permitted to make an opening statement. b. The employee shall be permitted to make an opening statement, which may be reserved until the presentation of his or her case in chief. C. The party imposing disciplinary action shall present the evidence supporting the discipline. d. The employee shall present evidence in support of his or her appeal. e. In the same order,the parties may offer rebutting evidence. 2 QSF-Wens:Apl-RL#2 1V25197-#13 f. Closing arguments shall be permitted at the discretion of the Hearing Officer. The party with the burden of proof shall have the right to close the hearing by making the last argument. 11. The Hearing Officer shall determine relevancy, weight, and credibility of evidence. 12. The City shall identify its exhibits alphabetically. The employee shall identify its exhibits numerically. 13. If a party, after due notice, fails to appear at a hearing or any continuation of a hearing, the Hearing Officer may proceed with the hearing of the controversy. In such cases, all awards shall be rendered as if each party had entered an appearance at the hearing. 14. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 15. The Hearing Officer shall at the request of the parties dismiss the appeal. 16. Any settlement of any matter shall be at the election of the parties. 17. No still photographs, moving pictures, or television pictures shall be taken in the hearing chambers during a hearing. 18. The Hearing Officer, prior to or during a hearing, may grant a continuance for any reason he or she believes to be important to its reaching a fair and proper decision. 19. The parties may file post-hearing Iegal briefs pursuant to a schedule and page limits established by the Hearing Officer. 20. The Hearing Officer shall render his or her report summarizing the evidence, and making findings of fact, conclusions, and recommendations as soon after the conclusion of the hearing as possible, and in no event later than thirty (30) days after concluding the hearing unless otherwise stipulated by the parties. The Hearing Officer shall not be paid until the recommended decision is delivered. 21. The Hearing Officer may recommend the sustaining, modifying or rejecting of any or all of the discipline,provided the Hearing Officer may not impose discipline more harsh than originally imposed by the City. 3 G:SF-96Pers:Apl-RL#2 1125/97-#13 C. Definitions 22. As used herein, "notice" and"notify" means a writing that is effective when delivered at the address of the party to whom it is intended as set forth above. 23: As used herein, "party" shall mean the City or employee, as the case may be, or if represented by another, then that person. 24. _ All time periods set forth herein are measured in calendar days. 25. The laws of the State of California, the Charter of the City of Huntington Beach, and duly adopted resolutions by the City Council of the City of Huntington Beach shall take precedence over this procedure. Approved by the Huntington Beach Personnel Commission on �'�°-�' - , 1997 airperson, the Dei t Secretary, William Osness 4 G:SF-96Pers:Apt-RL#2 11125/97-#13 PERSONNEL COMMISSION PROCEDURES FOR REVIEW OF HEARING OFFICER RECOMMENDATIONS REGARDING DISCIPLINE APPEALS The Huntington Beach Personnel Commission shall observe the following procedures when reviewing recommendations from Hearing Officers on appeals of disciplinary grievances pursuant to Section 20-6 of the Personnel Rules of the City of Huntington Beach: A. ' Procedures 1. The Personnel Director shall place the recommendations of the Hearing Officer on any appeal of discipline on the first Personnel Commission meeting which is fourteen(14) days or more after receipt of the hearing officer's recommendation. No later than fourteen(14) days prior to the date of the Commission meeting, the Personnel Director shall notify each of the parties of the date of the Personnel Commission meeting. Either party may request that the review before the Commission be continued for at least thirty (30) days. The Personnel Director shall grant such continuance one (1) time as a matter of right.Further continuances shall be granted by the Personnel Director upon stipulation of the parties or upon demonstration of good cause by either party. 2. If a party wishes to submit briefs objecting to the Hearing Officer's recommendation, he/she shall so notify the opposing party, and shall request an automatic thirty (30) day extension of the review date. No later than twenty-one (21) days prior to the date of the Personnel Commission meeting, each party may deliver to the Personnel Director and the opposing party a brief in support or in opposition to the Hearing Officer's recommendations. The brief may not be in excess of fifteen(15) pages, except by stipulation between the parties or leave of the Chairperson of the Commission. The brief may include as exhibits portions of the record from the hearing conducted by the Hearing Officer. Such exhibits may include documents filed with the Hearing Officer and excerpts from the transcript of the hearing. No later than seven(7) days prior to the Commission meeting, the parties may serve upon each other and the Commission reply briefs. 3. The Personnel Commission may hear oral argument from the parties in support or opposition to the Hearing Officer's recommendation. Oral arguments shall not exceed fifteen(15) minutes from each party and an additional five (5)minutes of rebuttal. The party opposing the hearing officer's decision will be heard first. 4. All hearings shall be in closed session; provided, however, that the employee may request a hearing open to the public. I SF:96-Pcrsn1:PC49 11120/9711120197 5. A party may petition the Commission to accept supplemental evidence The party shall demonstrate that the evidence being offered could not, with the exercise of reasonable diligence,have been produced at the hearing or was improperly excluded from evidence at the hearing. The Commission retains its discretion to schedule a supplemental hearing under Rule 20-6. 6. Upon conclusion of the hearing, the Commission shall deliberate in closed session. The Personnel Commission may sustain, reject or modify the recommendation of the Hearing Officer, provided that the Personnel Commission shall not impose discipline more harsh than that originally imposed by the City. Unless the issue has been briefed, the Commission cannot(a) reject or modify the recommended findings of the Hearing Officer, (b) impose discipline where the Hearing Officer has recommended that no disciplinary action is warranted, or (c) increase the discipline recommended by the Hearing Officer without first reviewing in its entirety the complete administrative record, including a transcript of all testimony and all exhibits received in evidence. If the Commission rejects or modifies the recommendations, it shall direct its legal counsel to prepare findings of fact and conclusions of law in support of the Commission's decision. Such findings and conclusions shall be served on the Commission and each-party at least ten(10) days before the next Commission meeting. Each-part? may serve objections to the findings and conclusions not less than three (3) days before the Commission meeting. B. Definitions 7. The Personnel Commission shall render its decision within thirty (30) days upon the completion of its hearing or the receipt of any additional briefs it may request. 8. As used herein, "serve," "notice," and"notify" means a writing that is effective when delivered at the address of the party to whom it is intended as set forth above. 9. As used herein, "party" shall mean the City or employee, as the case may be, or if represented by another, then that person. 10. All time periods set forth herein are measured in calendar days. 11. All questions of interpretation of this procedure shall be heard by the Personnel Commission. 2 SF:96-Pcrsn1:PC-49 11/20/9711120/97 12. The laws of the State of California,the Charter of the City of Huntington Beach, and duly adopted resolutions by the City Council of the City of Huntington Beach shall take precedence over this procedure. Approved by the Huntington Beach Personnel Commission on N a-vt 9 , 1997 G I Chairp , Blanche Deight Secretary, William Osness 3 SF:96-Pcrsnl:PC49 11120/9711120/97 CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION PROCEDURES FOR IMPASSE HEARINGS Pursuant to the Employer-Employee Relations Resolution of the City of Huntington Beach, Resolution No. 3335,the Personnel Commission is mandated to conduct impasse . hearings between the City and employee organizations when impasses have been reached in the meet and confer process and the parties have been unable to agree on submitting the impasse to another process such as fact finding, advisory arbitration or mediation. The purpose of these procedures is to set forth the manner in which the hearing shall be conducted before the Personnel Commission in a situation where an impasse comes before Commission pursuant to the Resolution. The intent of these procedures is to permit the parties to present their positions to the Commission in a concise and efficient manner and to allow the Commission to discharge its obligations under the Resolution efficiently and with expediency so that disputes between employer organizations and the City can be resolved as soon as practicable, thus fiu-ther advancing the interests of all parties in having harmonious employment relations at the City of Huntington Beach. 1. Prehearing conference. As soon as possible after an impasse has been determined to be within the jurisdiction of the Personnel Commission for resolution,the Personnel Director shall schedule a prehearing conference between the representatives of the employer organization LosM`eles 16596)v 1,99999.00001 1 and City with representatives of the Personnel Commission. The Commission representatives may include the Commission chair, the Personnel Director and/or the Commission's legal advisor,or other representative designated by the Commission. The prehearing conference shall be held in a location to be arranged by the Personnel Director. The prehearing conference shall be held at least two weeks before the Commission meeting at which the impasse hearing shall be first agendized. At the prehearing conference the following issues shall be discussed and the parties shall cooperate in good faith in an attempt to reach agreements to the greatest extent possible. a. Issues. The employee organization and City representatives shall make a good faith effort to agree on a stipulated list of issues at which the parties are at impasse. If the parties are able to agree,a stipulated Iist of issues shall be prepared in writing and signed by the representatives of both sides. i. If the parties cannot agree in whole or in part, then each party shall be required to submit its own written statenAent listing the issues as to which it believes the parties are at impasse. ii. If the parties can agree partially as to the issues,the stipulation to the extent of agreement shall be prepared as called for above, Where there is no agreement,the parties shall be required to submit LosAnseles 165963 v 1.99999.00001 2 their own statement of such additional issues as described above. b. Documents. The parties shall attempt to agree as to documents. As in the case of issues, to the greatest extent possible, the parties shall stipulate to documentary exhibits. If there is no agreement, each party shall be allowed to submit documents it believes relevant, subject to objection from the other party. The parties shall be directed to the hearing with adequate copies of exhibits, tabbed, numbered and placed in binders with a sufficient number of complete sets for each Commissioner, the Personnel Director,the Commission's legal counsel, the witness chair and for the parties' representatives. The binder should begin with an exhibit list followed by the various exhibits with numerical tabs for ready reference during the course of the hearing. The use of"Bates stamp" page numbering shall be encouraged. The goal shall be to minimize the loss of time in bookkeeping,fumbling with and passing out papers. C. Witness lists. The parties shall be required to submit a list of witnesses at the prehearing conference. If subpoenas for the attendance of witnesses are required, the party requesting the presence of such witnesses shall so indicate at the prehearing conference and shall make its own arrangements to have subpoenas issued and served. LosOgales 165963 v 1,90999.00001 3 d. Time estimate. At the prehearing conference the parties shall provide an estimate of the amount of time each will need to present its case. An effort shall be made to plan for the number of sessions that will be required to complete the hearing. The parties representatives shall bring their calendars to the prehearing conference so that a sufficient number of potential hearing dates can be selected for scheduling with the Commission at the initial session. Subsequent sessions shall be scheduled as soon as possible so that the number of calendars involved can be coordinated. The parties shall be advised that the Commission may, in its prerogative, and within reason,(i)place a limitation on the mmiber of hours each side shall have to present its case, (ii)hold each side to the maximum number of hours allocated, and(iii)curtail each party's presentation once the number of hours allocated has been exhausted, unless good cause appears for allowing the parties additional time to complete its presentation. The parties shall be made aware that Commissioners are volunteers with limited time available to discharge their obligations as Commissioners, and that effortswhich appear directed at prolonging the proceedings for the purpose of delaying resolution will not be tolerated. The Commission reserves the right to schedule hearing sessions and insists on completing the proceedings as soon as practically possible. LOSAMples 165963 v 1.9999).DW1 4 C. Recordation. Since it is possible that there will be further review of the mutter either before the City Council or in a judicial forum, a discussion shall occur at the prehearing conference as to how and by what method a record will be kept of the hearing, including means of preparing a transcript for the hearing,either through the use of a court reporter or tape recording. The parties shall also discuss allocating the costs of retaining a court reporter, if such an option is exercised, equally between the parties. f. Order of presentation. Since it does not appear that in this sort of proceeding either the City or the employee association necessarily has the burden of proof,both sides have the equal burden of persuasion. Accordingly, there is no necessary legal requirement as to which party shall proceed first. Therefore,a discussion shall occur at the prehearing conference as to whether the association or City shall proceed first. If the parties cannot agree on the order of presentation,the Commission shall decide on the order of presentation at the initial session of the hearing. 2. initial session of hearing. At the commencement of the initial session of the hearing,the following matters shall be dealt with first: a. Report on the prehearing conference. The Commission chair, personnel director, or Commission legal counsel shall report to the Commission on the prehearing conference. LosAnpoto 165963 v I,99999,00001 5 b. Plesiding officer. A determination shall be made by the Commission as to who shall preside at the hearing. Normally the Commission chair shall act as presiding officer. At the discretion of the Commission, another person may be designated to act as presiding officer,such as the Commission's legal counsel, a retained hearing officer or someone else who has not participated in the meet and confer process from which the impasse arises. If the presiding officer is someone other than a Commissioner, that person shall limit his/her functions to calling the hearing to order, ruling on objections(subject to being overridden by majority vote of the Commissioners in attendance),calling upon the parties to proceed with each step of the hearing process, and in other respects acting as would a presiding officer in a hearing or trial. C. 1ssues. Any written stipulation of issues agreed to by the parties shall be first received. if no stipulation has been reached, the written statements of issues submitted by each side shall be received. d. Documents. Any documents as to which the parties have agreed shall be placed into the record. The parties shall have come to the hearing with exhibits prepared pursuant to section 1(b)of these procedures. C. Witness Lists. The witness lists created as a result of the prehearing LwAngela 16"63 v 1.99999.00001 6 conference shall be received. 1 Length of the hearing. The proposed length of the hearing shall have been discussed as part of the report on the prehearing conference. A determination shall be made at the first session of the heating as to the number of sessions which will be required to conduct the hearing. Subsequent sessions shall be scheduled at this time so that the number of calendars involved can be coordinated. The Commission may, in its prerogative, and within reason, place a limitation on the number of hours each side shall have to present its case. The Commission, again subject to the rule of reason, shall have the prerogative to hold each side to the maximum number of hours allocated, and to curtail each party's presentation once the number of hours allocated has been exhausted, unless good cause appears for allowing the party additional time to complete its presentation. All parties must be aware that Commissioners are volunteers and have limited time available to discharge their obligations as Commissioners. Efforts which appear directed at prolonging the proceeding for the purpose of delaying resolution shall not be tolerated. The Commission shall reserve the right to schedule hearing . sessions and insist on completing the hearing as soon as practically possible. L,OSAn9cleo 165963 v 1,99999.00001 7 i I g. Record. The Commission shall ensure that a means is in place for making a record of the hearing,either through the use of a court reporter or tape I I recording, such that a transcript can be subsequently prepared if necessary. 1 h. OLder of Presentation. A determination shall be made as to which party shall proceed first in the order of presentation. If the parties have not agreed at the prehearing conference, then the Commission shall decide on the order of presentation. 3. Hearing`process. The hearing shall be conducted in the manner of any nornial administrative proceeding as follows: a.. Opening statements; b. Presentation of the case by the first party to proceed,with each witness sworn, examined and subject to cross-examination; C. After the first party has completed its presentation (or"rested"), the second party shall proceed; d. After the second party has rested,rebuttal phases LosAngelec 165963 v 1,99999.OMOI 8 REFERENCE MATERIALS [ Section 8 _ J •�, CITY OF HUNTINGTON BEACH COMMISSION COMMUNICATION Huntington Bead TO: PERSONNEL COMMISSION FROM: MICHAEL H. MILLER, LEGAL COUNSEL TO THE PERSONNEL COMMISSION SUBJECT: DEFINITIONS DATE: November 20, 2002 The following presents certain definitions that are key to the Personnel System in Huntington Beach. To the extent I have overlooked certain words or concepts, this list shall be supplemented. 1. City Personnel System - As established by City Charter Section 403 and City ordinance provisions (Chapter 2.72), the City's personnel system commonly called a °merit system" features the traditional elements of a merit based competitive system such as competitive selection and the exemption of certain non-classified positions. Competitive service is defined in the Personnel Rules as positions and classifications that are included within the personnel system by ordinance. These are the positions generally entitled to full civil service (merit) protection after a probationary period such as discipline for cause and rights to an evidentiary appeal hearing. 2. Exempt or Excluded Employees - The word "exempt" is commonly used with reference to the Fair Labor Standards Act (FLSA) to denote those employees not covered (exempt) from eligibility for overtime pay. In the context of the Huntington Beach Personnel System it also means those employees excluded from the competitive service. Charter Section 403 and Code Section 2.76.010 excludes the following from the competitive (civil)- service: elected officers, the City Administrator, Assistant City Administrator, and appointive department heads. Other exclusions from the competitive service include emergency employees, employees who work a regular work schedule of less than 1040 hours in any fiscal year and temporary employees. The selection of those (non-elected) officials is based on merit and competition, however, they are not protected employees in the sense of termination. In effect, they are at-will employees. In situations where the competitive service requirements apply, they are not mandated with regard to these exempt employees. A recent example applies to the new Information Services Director (a department head) class specification. Review and approval by the Personnel Commission is not mandated. 3. Class - A group of positions sufficiently similar in duties, responsibilities, authority and minimum qualifications to permit combining them under a single title, and to permit application of common standards of selection and compensation. Personnel Rule 4.8. t 4. Classification Plan - The Designation of a title for each class, together with the specifications for each class, as prepared and maintained by the Personnel (HR) Director with departmental input. Personnel Rule 4.9. 5. Class Specifications - A written job description of a classification setting forth factors and conditions that are characteristic of positions in that classification. Personnel Rule 4.10. 6. Reclassification - The reassignment of a position from one class to a different class after reevaluation of the minimum qualifications, duties, authority and responsibilities of the position. Personnel Rule 4.41. 7. Grievance - The grievance procedure in Huntington Beach applies to non- disciplinary matters. A separate review procedure applies to disciplinary appeals. Personnel Rule 19 entitled Grievance Procedure Non Disciplinary Matter defines a grievance as " a dispute concerning the interpretation or application of any provision of the city's Employer-Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions..." This grievance procedure would also apply to interpretation and application issues that arise under a negotiated MOU, except for negotiation impasse issues. Rule 19 specifically excludes disciplinary matters from its coverage. These are treated by Personnel Rule 20. 8. Disciplinary Matters - Rule 20 provides for review in disciplinary matters. Confusion may arise because this section refers to "grievances of employees arising out of disciplinary matters..." (emphasis added). The fact that this section refers to the "grievance procedure for this Rule..." probably creates some confusion with Rule 19 which applies to non-disciplinary grievances. Perhaps the best approach is to divide Huntington Beach grievances into two categories: non-disciplinary rule and contract issues (Rule 19) and disciplinary appeal issues (Rule 20). Both define their subject matter and prescribe a procedure for processing, as amended by various MOU provisions. (MOU Anterpretation is not subject to administrative grievances.) 9. MOU/Memorandum of Understanding - A written, negotiated agreement or contract between the employer and recognized representatives of employees in a bargaining unit that sets out conditions of employment (wages, hours, fringe benefits, etc.) for a stated period of time. It is a binding contract when ratified by the governing body. 10. Meet and Confer Process - The duty under the MMBA of the employer to meet and confer on matters within the scope of representation and fully consider presentations made by recognized employee organizations prior to arriving at a determination of policy or course of action; the duty of the parties to meet and confer promptly on request of either party and continue for a reasonable period of time in order to exchange information, opinions, and proposals, and to endeavor to reach agreement. The opposite of meet and confer is the unilateral implementation of a policy or course of ,%Me, action by management without meet and confer. The broad scope of representation usually precludes this from occurring. Even in the area of management rights such as 2 the imposition of lay offs, there must be some meet and confer on the effects of lay offs. If something is negotiated into an MOU or rule of the City, it can take precedence over �r the Personnel Rules or other existing City regulations. Section 21.13 of the Personnel Rules gives precedence to MOU provisions that may be inconsistent with the Rules. REFERENCE MATERIALS Section 9 Council/Agency Meeting Held:/4��D./Udv_ Z Deferred/Continued to: O'Approved ❑ Conditionally Approved El Denied City�ClerW�sSig�ature�� Council Meeting Date: November 6, 2002 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION o SUBMITTED.TO: HONORABLE MAYOR AND CITY COUNCIL ' y :=_= 77 SUBMITTED BY: RAY SILVER, City Administrator� !j CID -- PREPARED BY: RAY SILVER, City Administrator 6E� C. y SUBJECT: ADOPT RESOLUTION RELATING TO THE APPOINTIVE VE ENT OF CLASSIFICATION SPECIFICATIONS FOR DEPARTMENT HEAD POSITIONS ,aS /I/e aooa -/08 [ES�ta eme nt of Issue,Fundi��sourc��%Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: A Resolution is needed to clarify the advisory role to the ns for Administrator of the Personnel Commission in the development of new class artment Head positions. exempt appointive Dep Funding Source: No funding is required. Recommended Action: Motion to: 1. Adopt Resolution aoda-io grelating to the establishment of classification specifications for appointive Department Head positions. Alternative Action: The City Coulution and dire t thencil may mae the ollowing st staff accordingly.alternative motion(s): 1. Do not approve the proposed Reso 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. � � I REQLAT FOR CITY COUNCIL At, dON 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 N .0. 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 ki ,a-� `yam , a co RCA Author: Workman H:\Workman\RCA\RCA 02-01.doc -2- 10/28/2002 8:46 AM RESOLUTION NO. 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 a 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 City A orney A INITIATED, REVIEWED AND APPROVED: Cit dministrator 2 PDA:2002 Res&department head recruitment ATTACHMENT # 1 JJ 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 headsl. .(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 6/13/79 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 — JA CITY OF HUNTINGTON BEACH G INTER-DEPARTMENT COMMUNICATION HUN7INGTON 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) . C401 (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 §1401 (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 IR lishment of eligible lists. ROBERT C. SA Deputy City Attorney APPROVED: RCS : sh iX GAIL HUTTON City Attorney CITY OF HUNTINGTON BEACH •'' INTER-DEPARTMENT COMMUNICATION L HUNnNGTON BEALH 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: // 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 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.1 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 RegulationsMs\12/03/93 f :A (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 incumbency based on merit,i.e., "civil service," structural adaptability of the government itself and maintenance of a category of exe=t 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 ReguMons\2\s\12/03/93 1 • ORDINANCE NO. 3221 r 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/ordinandchap276/12/01/93 = 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 /'2- /-1,33 ty Attorney INITIATED, REVIEWED AND APPROVED: City Administrator . 2 3/o r d i n a n c/ch a p 27 6112/01/9 3 y , ZA LEGISLATIVE DRAFT Chanter 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 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. 76 010 Exclusions from competitivg 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/draP,276/12/01/93 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 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 employes of the city shall participate in political activities of any kind while he is in uniform.. ? 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 ram: 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 /2-/-93 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Administrative Services 3/kt T_xcmpt\12/01/93 Legislative Draft ChUter 2.32 DEPARTMENT OF COMMUNITY DEVELOPMENT SFRAWEcr 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 seniees of the city of Huntington Beach. 2,32,020 Director—Appointment. The director of community development seniees shall be the head of the department of devel e.,._,eiat seniees 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 sues 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) 3/l ezisl adcommdev3/12/01/93 (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 developments 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 sees and the director of community development^e� M eais l adco mmd ev3/12101/93 ATTACHMENT #2 C• MA-1�Nl Council/Agency Meeting Held: October 7, 2002 Deferred/Continued to: A proved ❑ Conditionally Approved ❑ Denied Z--A-City Clerk's Un ure . � Council Meeting Date: October 7, 2002 Department D Number. O .. CITY OF HUNTINGTON BEACH G REQUEST FOR ACTION ` r SUBMITTED TO: HONORABLE MAYOR AND CITY CpUtICIL MEMBERS > > U SUBMITTED BY: RAY SILVER, City Administrator, ti L > _J PREPARED BY: RAY SILVER, City Administrator SUBJECT: ADOPT ORDINANCE ESTABLISHING THE DEPARTMENT OF INFORMATION SERVICES Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) 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 ;. • (, _ ;. , , '~~._ _, i __.. 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. pp 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): 1page Number No. Descrip 1 Ordinance No.33'c3 RCA Author. Clay Martin ^.%C^Al- •f M'1 A MOr-A 4nn-rnn 10 .4--b A-- nronrnnnn n.Ae MA 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 1. 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. 2.114.010 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. SIC . - GAORD1,ANC1200211nfornation Services-chap 2114.DOC I 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 3. 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:4 City Attorney j f ' Id' v c REVIEWED AND APPROVED: INITIATED AND APP OVED City ministrator Director f Administra ve Services G\ORDNANC\2002\Information Services-chap 21 i4.DOC 2 ATTAC H M E N T #3 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION HUNTINGTON BEACH ==TITLE. irector 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 HUNnNGTON 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 (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 Mee)ng 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 ed by the City Council at its Meetii eld November 6, 2002 t , with direction -to Be attached to the minutes of said meeting. REPORT 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 takeff 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:VNIyDocuments\BrockwayVo intStatement.004.doc