Loading...
sr-021368-6a __ _ __ c:r~r o~ sA;~~~ ~so¢~~cA I ~ ~ ~ .... .r+. ui. u ~ u Jb J~~ :v J 1 ~^ "\ DATE: ~ 5 "~L: ~i ~ ~ ~ ' . TO: ?:o~_ura s1e City Cowncil „ity o~ Santa K onica -+ , I:'=; J 1':,, FROidL: i-~iiton Charles, Jr., Chairman Personnel Board. T~I:g lw? . , . RFi ~- i~ ;^ SUBJECT: Recorrcrendation Por Revision c Portion ~ of Sect~b~it21;~$dtl~ .; J. r SCE of the Santa Aionica idanicipal Code IJ ~ -'--=itG. The Personnel Board respecti`u11y recommends that she City Council consider a"ending that pcrtion of Sectio 2103F1 of the Santa Konica i~~~~icipal Code orhicb relates to the extension of ,orobaticnary ~oer:iods. The Personnel Board, alter ca'reial consideration, feels that this section should be a*uended to oerr~i.t the extension o' probationary periods only after consideration by the City Council or the Personnel Board or by some other iorraal methcd :whereby e.~ployees may be 'r_ea-rd beo-re the action is taken. r~L 7 _:~LZCiv c~AR~.,F,s, JR, Chairman, Personnel Board inch Asst. City Atto-rney's Opinion SEA :c; City P/anager City Cowncil City Clerk City Attorney City Controller CITY Or' CALIFORNIA OFFICE OF THE CITY ATTORNc`Y CITY HALL - EXbrook 3-9975 Corrected Copy Of: CITY ATTORNEY OPINION - JANUARY 3, 1968 To The Honorable Members Of The Personnel Board Of The City Of Santa Monica. Gentlemen: The Honorable Milton Charles, Jr., Chairman of the Santa Monica Personnel Board has requested an opinion of this office on a question which may be stated as follows: Was the action taken by the City Admin- istration extending the probationary period for all new employees .an additional six (6) months in conformity with Santa Monica Municipal Code Section 2103F1? Mr. Perry Scott, City Manager for the City of Santa Monica informed the undersigned this date that after numerous individual requests by the various department heads for the extension of probationary periods in particular cases the subject of probationary periods and their present inadequacy was discussed at length at a staff meeting in which all department heads were either present or represented by their immediate assistant. It was the unanimous opinion. following said discussion that a uniform one year probationary period applicable to all new employees would enhance the efficient operation of each department and eliminate morale problems among employees created by extensions in individual cases. Following this staff meeting the Personnel Officer was directed to prepare a memorandum for distribution to the various departments outlining the decision reached and setting the date on which the new policy would be effective. The memorandum from R. L. Maples dated March 1, 1g67 was prepared and distributed in compliance with that order. City Attorney Opinion Christina J. New Page Two January 3, 1868 Santa Monica Municipal Code Section 2103F1 provides as relevant here: "Any appointment made-from an eligible list shall be sub,~eet to a probationary period of six months...; provided, however, that upon recommendation of the Appointing Authority..., the City Manager may extend the probationary period for any particular classification for a maximum of an additional six months." Santa Monica Municipal Code Section 2100 defines the term Appointing Authority as the Department Heads. The plain language of Santa P+tonica Municipal Code Section 2103F1 makes it abundantly clear that the City Manager has-the authority to extend the. probationary period in any particular class for a maximum of an additional six months, However, the Section sets forth an additional requirement that the extension be on recommendation of the Department Head. The American. Collegiate Dictionary (Text Edition) Harper and Brothers Publishers defines the word recommendation" as the "act of recommending" and the word "recommend": "to represent or urge as advisable or expedient." From this definition it logically follows that if the Department Heads at a staff meeting following a discussion of the probationary period arrive at the unanimous opinion that a one year probationary period would be beneficial to all concerned, they are in fact, representing the extension as expedient and urging its adoption as advisable, Moreover, there is nothing in the Section to require that such recommendation be in writing. It goes without saying that if the City Manager has the authority to extend the probationary period in any particular class he has the power to extend it in all classes. City Attorney Opinion Christina J. New Page-Three January 3, 1968 Wherefore, it is the opinion of this office that the action taken by the City Administration creating a uniform one year probationary period far employees hired by the City of Santa Monica after March 31, 1967 is in conformity with the Santa Monica Municipal Code and is, therefore, legally effective. Respectfully submitted, ROBERT G. COCKINS City Attorney CI3RISTINA ~ NEW Assistant City Attorney ,. CITY OF SANTA MONICA M E M O R A N D U M mate : March 1, 1967 Ali Department Reads ~~~ r r_, , d++ ~ ~ u ~. ~ _; RE GIT 1 ~i.~. CL+' Ii,Z _'T.iG. _~rom: R. L. Maples, Personnel Director Su=~9„ect: Probationary Periods Beginning April 1, 1967, the probationary period for all per- manent positions will be one year. Employees on the payroll before April l will not be affected by this change even though they may at present be on a six month probationary period. It is hoped that a uniform probationary period for all per- manent employees will be an improvement over past practices. A one-year probationary period will give the appointing author- ity more time in which to make a decision as to whether a pro- bationary employee should be recommended for permanent status. This change should also benefit the new employee by allowing him more time to demonstrate his ability to perform on the job. The above change has been approved by the City Manager. If there are any questions, please call me. a~ t~,4r,,'I~.Ce,_. .ROBERT L. MAPLES Personnel Director RIM:kb M