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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. 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H K G O r• ''O r• r• n n !-+ 7 N rt O a a K rt a O m r• rt u. H n G 0 r• •a r- r• K n H m G r- m 0 m r rh ~ o O m K rt K G O rt m r• o O m m H r- C m O O til n r+ m m r rn~ o O m K rt n G O rt m r• o O m m H r• C ~-' H n ti; £ ~ m rh n ~ m o+ o o• G G iQ o H N H o m ~ O+ N a K m M n ~ m o+ G ~ 0 7 ~L3 o H N H G m n O+ m ~ r• G r• G rt£ m G. r• N •• a •a ~ N~ K N N N ~ o N• G rt£ m G. r• N •• a 'o m N m rtrtr• N CL n•a rt r•o n Kr•rt rtm art m G G O Q, nb rt r• o n K r•rt rtm art m a ac'o'n m a mo ~rtrtrtrt rtorto~ mnorm N ~ mxtr c a mo ~ rtrt rtrt rco rt o~ mmorm rt m o m m y Qr K n G m 0 5' - o - K K o m a o+ rt M r Qa rt ~ 5' m m N a K K G m 0 7• ~ O ~ n K o m a O, rt rh r II, ~ O ~ L =J F-' C ~ O n H CA O ~ O 0 ° ~z , i -h o z~ x ~ m~ a K £ ~ ro rt r• ~ m rt O K ',7' ro o ~ ~ m t~ n b rc r~ 0 c 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.