sr-0525830~
~:,
DATE: blay 25, 1983
T0: Personnel Board Members, Department Heads, and
Bargaining Unit Heads
FROM: Susan E. McCarthy, Director of Personnel
,SUBJECT: Proposed Revisions to Santa Monica Municipal Code
;Introduction
This report transmits proposed revisions to Santa Monica Municipal
Code.
Background
A committee comprised of Melissa Hill, former Personnel Board
Chairperson; Donald Howland, Vice Chairperson; Lyn Beckett
Cacciatore, Deputy City Attorney; and Susan E. McCarthy, Director of
Personnel have reviewed specific sections. of the Santa Monica
Municipal Code. The purpose of the revision is twofold. First, to
have the Municipal Code conform to the City Charter and secondly,. to
have the Code reflect changes in state and federal law that have
resulted in many of the present sections being obsolete or illegal.
The attached indicate proposed revisions by the committee. The
following format is used for each section where applicable.
a} Present wording with douhle-underlining .indicating added
phrases and brackets indicating deleted phrases.
b) Proposed final form.
Zf an entire Code section is deleted, it will simply state same
instead of using the above mentioned format.
Recommendation
Zt is recommmended that a Public Hearing be held June 13, 1983 to
discuss proposed revisions. Upon approval, the proposed revisions
will be submitted to City Council.
SEM:JMJ:cl
attachments
MUNICIPAL CODE SECTION
SECTION 2100. BASIC PERSONNEL ADMINISTRATIVE
PROVISIONS. Appointing Authority. The City
Charter {Section 1305) vests department heads with
the power to appoint and remove officers and
employees in their respective departments upon the
following conditions:(a) Subject to the Civil
Service provisions of the Charter and the rules and
regulations promulgated thereunder: and {b)
Subject to approval of the City Manager.
Section 701 of the City Charter provides that the
City Manager shall appoint the City Controller,
City Treasurer, City Engineer,. Street
Superintendent, Building Officer, Chief of the Fire
Department, Director of Recreation, Librarian, and
the heads of all other de artment of the City.
With the exception of the tPersonnel Director and
th ,Chief of Police,all department heads are im the
Classified Service. Section 701 also orovides that
appointments to the position of Personnel Director,
Recreation Directo2, and Librarian shall be subject
to the approval of their respective Boards or
Commissions.
Section 700 of the City Charter provides that the
City Council shall appoint the City Manager, the
City Attorney, and the Health Officer, which
positions are not Classified Service, as well as
the City Clerk, a position in the Classified
Service.
SECTION 2100: BASIC PERSONNEL ADMINISTRATIVE
PROVISIONS. Appointing Authori~.y. The. City
Charter (Section 1305) vests department heads.'with
the power to appoint and. remove officers and
employees in their respective departments upon the
following conditions:(a) Subject to the Civil
Service provisions of the Charter and the rules and
regulations promulgated thereunder: and (b)
Subject to approval of the City Manager.
Section X01 of the City Charter provides that the
City Manager shall appoint the City Controller,
City Treasurer, City Engineer, Street
Superintendent, Building Officer, Chief of the Fire
Department, Director of Recreation, Librarian, and
the heads of all other department of the City.
With the exception of the Chief of Police, all
department heads are in Classified Service.
Section 701 also provides that appointments to the
position of Personnel Director, .Recreation
Director, and Librarian shall be subject to the
approval of their respective Boards or Commissions.
REASON FOR PROPOSED
REVISION(S)
Does not conform to
Section 1102 of Charter.
Section 700 of the City Charter provides that the
City Council shall appoint the City Manager, the
City Attorney, and the Health Officer, which
positions are not Classified Service, as well as
the City Clerk, a position in the Classified
Service.
MUNICIPAL CODE SECTION
SECTION 21H9 C. Personnel Board-Subsection (f)
(f) Periodically, at least once every two years,
make a study of salaries being paid by other public
and private agencies, in order to ascertain whether
the salaries being paid City employees for similar
work are comparable, and make recommendations with
respect thereto to the City Council, the City
Manager, and the Personnel Director."
REASON FOR PROPOSED
REVISION(S)
Collective Bargaining and
Meyers, Millias and Brown
Act have removed Personnel
Board from establishing or
adjusting salaries. Also,
similar provisions were
removed from the Charter
previously.
DELETE ENTIRE SUBSECTION
MUNICIPAL CODE SECTION
REASON FOR PROPOSED REVISION(S)
SECTION 2100C3. Same. Section 1105 Residence requirements are illegal.
provides that the residential requirement. Residence requirements have been
for examinations may be waived by the previously removed from Charter.
Personnel Board whenever it believes such
waiver is in the public interest.
DELETE ENTIRE. SECTION 210003
MUNICIPAL CODE SECTION
SECTION 2102B. Maintenance of Pay Plan. Like the
classification plan, the pay plan must be
maintained currently for proper effectiveness.
Revisions in the pay keys for individual classes of
positions, after study by the Personnel Director,
shall be recommended to the City Manager. Upon
approval by the City Manager, such proposed
changes shall be referred to the Personnel Board
for the holding of a public hearing. Upon approval
by the Personnel Board,, the proposed changes shall
be referred to the City Council for final
consideration and adoption. ~In addition, the City
Charter authorizes the Personnel Board to
periodically study salaries being paid by other
public and private agencies, in order to ascertain
whether the salaries being paid city employees for
similar work are comparable. On the basis of such
studies, the Personnel Board is authorized to make
recommendations with respect thereto to the City
Council, City Manager, and Personnel Director 7
MUNICIPAL CODE SECTION
SECTION 2192B. Maintenance of Pay Plan. Like the
classification plan, the pay plan must be
maintained currently for proper effectiveness.
Revisions in the pay keys for individual classes of
positions, after study by the Personnel Director,
shall be recommended to the City Manager. Upon
approval by the City Manager, the proposed changes
shall be referred to the City Council for final
consideration and adoption.
REASON FOR PROPOSED
REVISIONS
Collective Bargaining
and Meyers, Millias, and.
Brown Act have removed
Personnel Board from
establishing or adjustirc
salaries. Also, similar
provisions were removed
previously from the
Charter.
MUNICIPAL CODE SECTION
SECTION 2103B. Application for Examinations. An
application form obtainable at the Personnel
Department will be filled out by all applicants.
The Personnel Director shall notify in writing
those persons whose applications have been rejected
as not qualifying for the examination, and shall
notify accepted applicants in writing of the time
and place of examination. Applications may be
rejected for any of the following reasons:.
(a)Failure of the applicant to show reasonable
conformity with one or more of the announced
requirements for the examination, such as training
and experience. s age limits, or residence
requirements,
NOTE: There are no proposed revisions to 2103B
subsections (b} - (f).
REASON FOR PROPOSED
REVISION(S)
Age and residence require-
ments are illegal.
(g) Failure of the applicant to execute an oath Section 2105) was previ-
and affidavit in the form set forth in Section ously removed from Code
2195J. because illegal.
DELETE SUBSECTION G
MUNICIPAL CODE SECTION
SECTION 2103B. Application for Examinations. An
application form obtainable at the Personnel
Department will be filled out by all applicants.
The Personnel Director shall notify in writing
those persons whose applications have been rejected
as not qualifying for the examination, and shall
notify accepted applicants in writing of the time
and place of examination. Applications may be
rejected for any of the following reasons:
{a)Eailure of
conformity with
requirements for
and experience.
the applicant to show reasonable
one or more of the announced
the examination, such as training
NOTE: There are no proposed revisions to 21H3B
subsections (b) - (f).
MUNICIPAL CODE SECTION
SECTION 2103C. Competitive Examinations. The
relative merit of applicants for appointment to, or
promotion within, the Classified Service shall be
determined by competitive examination, unless
promotion is authorized by the Personnel Board,
upon. recommendation of the appointing authority,
without competitive examination, or by open
competitive examination. Competitive examinations
will include the consideration and rating of any or
all of the following factors: education,
experience, knowledge, skill, special- aptitude,
general adaptability, personality, character,
physical fitness, promotability, and such other
qualifications as are considered necessary by the
Personnel Director for the satisfactory performance
of work of the classification being examined for.
Examinations shall be administered fairly to all
participating applicants, and the identity of
applicants shall be concealed in written
examinations. Prior to examination, applicants may
be required to submit proof of age, citizenship,
military service, and acceptable physical
condition ~ promotional examinations shall be
limited to employees with permanent civil service
status who have completed the probationary period
successfully, and who have had the required
experience in the service of the City of Santa
Monica.
NOTE: There are no proposed revisions to the rest
of the Code section.
MUNICIPAL CODE SECTION
SECTION 2103C. Competitive Examinations. The
relative merit of applicants for appointment to, or
promotion within, the Classified Service shall be
determined by competitive examination, unless
promotion is authorized by the Personnel Board,
upon recommendation of the appointing authority,
without competitive examination, or by open
competitive examination. Competitive examinations
will include the consideration and rating of any or
all of the following factors: education,
experience, knowledge, skill, special aptitude,
general adaptability, personality, character,
physical fitness, promotability, and such other
qualifications as are considered necessary by the
Personnel Director for the satisfactory performance
of work of the classification being examined for.
Examinations shall. be administered fairly to all
participating applicants, and the identity of
applicants shall be concealed in written
examinations. Promotional examinations shall be
limited to employees with permanent civil service
status who have completed the probationary period
successfully, and who. have had the required
experience in the service of the City of Santa
Monica.
REASON FOR PROPOSED
REVISSON:(S)
Illegal to ask questions
noted in parentheses
prior to hiring an
employee.
NOTE: There are no proposed revisions to the rest
of the Code section.
MUNICIPAL CODE SECTION
SECTION 21H3D. Residence Requirements. Applicants
for examination must be citizens of the United
States and must have resided in the City of Santa
Monica for at least one year. next preceding the
date of the examination. Residence requirements may
be waived by the Personnel Board whenever it
believes such waiver is in the public interest. The
Personnel Board may authorize the Personnel
Director to waive residence requirements when
advertisement of the examination fails to produce
adequate competition..
REASON FOR PROPOSED
REVISION(S)
Residence requirements
are illegal.
DELETE ENTIRE SECTION 2103D
MUNICIPAL CODE SECTION
SECTION 21H3G. Temporary Appointments. When an
eligible list for a particular classification is
not available, temporary appointments for a period
of 5fl c6 H3 days pending examination may be made by
the appointing- power, subject to approval of the
Personnel Director and the City Manager. Such
appointments shall be reported by the Personnel
Director to the Personnel Board at its regular
meetings. If, in the opinion of the Board, any
temporary appointment or renewal of a temporary
appointment is not justified, it may so report to
the City Manager and to the City Council, including
any recommendations .deemed appropriate, and may
disapprove further continuance of such appointment.
MUNICIPAL CODE SECTION
SECTION 2IO3G. Temporary Appointments. When an
eligible list for a particular classification is
not available, temporary appointments for a period
of 90 days pending examination may be made by the
apgointing power, subject to approval of the
Personnel Director and the City Manager. Such
appointments shall be reported by the Personnel
Director to the Personnel Board at its regular
meetings. If, in the opinion of the Board, any
temporary appointment or renewal of a temporary
appointment is not justified, it may so report to
the City t4anager and to the City Council, including
any recommendations .deemed appropriate, and may
disapprove further continuance of such appointment.
REASON FOR PROPOSED
REVISION(S)
To conform to Section
1108 of Charter.
MUNICIPAL CODE SECTION
SECTION 2193G2. Same. Temporary appointees shall
be selected from applicants for the position who
have applications on file in the Personnel
Department, and who meet the minimum qualification
requirements .for the position. ~If the person
selected for temporary appointment is not a
resident of the City, he shall be eligible for
admission to the open competitive examination which
later is given for the classification. The
residence requirement as to such persons shall be
waived so that there may be made available to the
City service the benefits of s ecialized training
received by temporary appointees
In the event of a serious emergency, the
appointing authority may make a temporary
appointment on an emergency basis. Such
appointments shall not exceed ten days, and shall
not be renewed. Such emergency appointee shall
file a formal application form with the Personnel
Director within the ten day period, and the
appointment shall be reported immediately by the
appointing authority on the regular appointment
recommendation forms.
MUNICIPAL CODE SECTION
SECTION 21H3G2. Same. Temporary appointees shall
be se ecte rom applicants for the position who
have applications on file in the Personnel
Department, and who meet the minimum qualification
requirements for the position.
In the event of a serious emergency, the
appointing authority may make a temporary
appointment on an emergency basis. Such
appointments shall not exceed ten days, and shall
not be renewed. Such emergency appointee shall
file a formal application form with the Personnel
Director within the ten day period, and the
appointment shall be reported immediately by the
appointing authority on the regular appointment
recommendation forms.
REASON FOR PROPOSED
REVISION(S)
Residence requirements
are illegal..
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MUNICIPAL CODE SECTION
SECTION 2106B. Grievances involving Removals, Demotions, or
Suspensions. In accordance with Section 1110 of the City
Charter, the Personnel Board shall investigate complaints
made to it in writing by any officer or employee in the
classified service who has been suspended, demoted, or
removed from his position, and shall report its findings and
conclusions, together with such recommendations as may be
deemed proper to the appointing power., the City Council and
the City Manager.
Any employee who has been removed, demoted, or suspended,
upon request made within t.~n calends~r days Cone calendar
week, subsequent to notification of the penalty, and at the
office taking such action, shall be entitled to receive, not
later than ren caiPndar ~avs. the second business day
thereafter, a written statement in itemized form of the-
reasons for such action, a copy of which statement shall be
furnished to the Personnel Board. An employee shall have 10
days after the receipt of such statement within which to file
an answer to such statement of charges, should he desire to
do so. The answer shall be filed in the office of the City
Clerk and with the Personnel Board.
In the answer of the employee, the pertinent facts relating
to the cause of the complaint shall be stated, and the answer
shall be signed by the employee and shall set forth his
mailing address, if no request for a hearing is contained in
such answer, the Personnel Board shall consider the answer
and. make such investigation as necessary, and shall file its
findings and recommendations as to disposition of the case
with the City Manager.
MUNICIPAL CODE SECTION
SECTION 2106B. Grievances involving Removals, Demotions, or
Suspensions. In accordance with Section 1110 of the City
Charter,. the Personnel Board shall investigate complaints
made to it in writing by any officer or employee in the
classified service who has been suspended, demoted, or
removed from his position, and shall report its findings and
conclusions, together .with such recommendations as may be
deemed proper to the appointing power, the City Council and
the City Manager. -
Any employee who has been removed, demoted, or suspended,
upon request made within ten calendar days subsequent to
notification of the penalty, and at the office taking such
action, shall be entitled to receive, not later than ten
calendar .days thereafter, a written statement in itemizea
form of the 'reasons for such action, a copy of which
statement shall be furnished to the Personnel Board. An
employee shall have 10 days after the receipt of such
statement within which to file an answer to such statement of
charges, should he desire to do so. The answer shall be filed
in the office of the City Clerk and with the Personnel Board.
In the answer of the employee, the pertinent facts. relating
to the cause of the complaint shall be stated, and the answer
shall be signed by the employee and shall set forth his
mailing address. If no request for a hearing is contained in
such answer, the Personnel Board shall consider the answer
and make such investigation as necessary, and shall file its
findings and recommendations as to disposition of the case
with the City Manager.
REASON FOR PROPOSE
REVISION(S)
To conform with
the ten calendar
days that the
City has to
prepare the
Statement of
Charges and the
ten days that
the employee has
to answer the
Statement of
Charges. And
to conform with
Section 1110 of
Charter.
MUNICIPAL CODE SECTION
REASON FOR PROPOSED
REVISIOPd(S)
SECTION 2105I. Causes of Removal, Suspension, or Covered in Section 1111
Demotion. Misconduct, incompetency, and/or of Charter which allows
inefficiency as used in Section 111H of the City City to conform to state
Charter shall include, but not be limited to, any and federal laws.
of the following:
NOTE: There are no proposed revisions to
subsections (a) - (k) or (m).
(1) Seeking or accepting election, nomination, or
appointment, as an officer of a political club or
organization, or taking any active part in any
municipal political campaign, or contributing
thereto in behalf of any candidates, or seeking
signatures to any petition seeking to advance the
candidacy of any person for any municipal office;
attempting, while on or off duty, *_o influence the
vote of another member on duty for or against any
candidate for municipal office.
DELETE SUBSECTION (1)
MUNICIPAL CODE SECTION
i
REASON FOR PROPOSED
REVISION(S)
SECTION 2197. MISCELLANEOUS PROVISIONS. Unclassfied
Service. The City Charter divides the City Service into
the Unclassified Service and the Classified Service.
(Section 1192.) Positions in the Unclassified Service
are exempted from the provisions of this manual. relative
appointments, suspensions, demotions, discharges, or
layoffs.
The Unclassified Service is limited to the following
officers and positions: Members of the City Council;
City Manager';, and t~e_n~;_r.~c~af~f the immediate
_ fice.; CASSistant City Manager; City Attorney,
including his assistants' and the ~his~ entire staff;
Chief of Police; City Health Officer; (one private
secretary to each of the foegoing department `heads,? all
members of boards and commissions, leader and members of
the municipal band or orchestra; positions in any
unskilled labor class created for a special or temporary
purpose which would exist for a period not longer than
39 days; unskilled labor, positions which have been
exempted from civil service by the Personnel Board in
accordance with. Section 1192 of the City Charter; and
persons employed to render professional, scientific,
technical, or expert service of an occasional and
exceptional character.
The Classified Service comprises all positions not
listed in the foregoing group of unclassified positions.
Appointments 'to Unclassified Positions by the City
Manager will be made on the basis of merit and fitness,
and the City Manager may use the normal civil service
procedure in filling any unclassified position for which
he is the appointing power, although appointees thus
selected shall not receive a Classified Civil Service
status in such positions. '
MUNICIPAL CODE SECTI
SECTION 2197. MISCELLANEOUS PROVISIONS. Unclassfied
Service. The City Charter. divides the City Service into
the Unclassified Service and the Classified Service.
(Section 1192.) Positions in the Unclassified Service
are exempted from the provisions of this manual relative
appointments, suspensions, demotions, discharges, or
layoffs. '
The Unclassified Service is limited to the following
officers and positions: Members of the City Council;
City Manage r and the entire staff of the immediate
office; City Attorney, and the entire staff; Chief of
Police; City Health Officer; atl members of boards and
commissions, leader and members of the municipal band or
orchestra; positions in any unskilled labor class
created for a special or temporary .purpose which would
exist for a period not longer than 39 days; unskilled
labor positions which have been exempted from civil
service by the Personnel Board in accordance with
Section 1192 of tYae City Charter; and persons employed
to render professional, scientific, technical, or expert
service of an occasional and exceptional character.
The Classified Service comprises all positions not
listed in the foregoing group of unclassified positions.
Appointments to Unclassified Positions by the City
Manager will be made on the basis of merit and fitness,
and the City Manager may use the normal civil service
procedure in filling any unclassified position for which
he is the appointing power, although appointees thus
selected shall not receive a Classified Civil Service
status in such positions.
To conform with
Section 1102 of
Charter.