SR 03-06-2018 7B
City Council
Report
City Council Meeting: March 6, 2018
Agenda Item: 7.B
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To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney's Office
Subject: Introduce for First Reading an Ordinance Amending Santa Monica Municipal
Code Chapter 2.04 Relating to Civil Service Rules and Regulations
Recommended Action
Introduce for first reading an ordinance amending Santa Monica Municipal Code
Sections 2.04.070 (Application for examinations), 2.04.160 (Appointments from eligible
lists-Fingerprinting-Conviction Record), 2.04.180 (Temporary assignments) and
2.04.320 (Sick leave) of the Civil Service Rules and Regulations.
Executive Summary
Santa Monica Municipal Code (“SMMC”) Chapter 2.04 encompasses the civil service
rules and regulations that apply to City employees. As a result of recent changes in
State law and regulations, it is necessary to update various civil service rules and
regulations in order to comply with current State law. Staff has presented the proposed
ordinance to the Personnel Board and notified representatives of the City’s recognized
employee organizations. Staff now recommends adoption of the attached ordinance
amending various sections of SMMC Chapter 2.04.
Background
Several recent amendments and additions in State law have revealed a need for minor,
conforming updates to SMMC Chapter 2.04. The Healthy Workplaces, Healthy Families
Act of 2014 (Labor Code, §§ 245 et seq.) and consequent changes to California’s Kin
Care law (Labor Code, § 233) provide all City employees with certain entitlements and
protections in the accrual and use of paid sick leave. State Assembly Bill No. 1008,
effective January 1, 2018, added Government Code section 12952, which makes it an
unlawful employment practice under the Fair Employment and Housing Act to seek or
consider a job applicant’s conviction history before a conditional job offer is made. The
legislation also requires an employer considering an applicant's conviction history to
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make an individualized assessment of that history in relation to the specific duties of the
job. State Assembly Bill No. 1487, effective January 1, 2018, added Government Code
section 20480 to limit out-of-class appointments; the temporary appointment of an
employee to an upgraded position or higher classification in a vacant position is now
limited to 960 hours each fiscal year.
Discussion
As a result of recent changes to State law described above, certain provisions of the
civil service rules and regulations set forth in SMMC Chapter 2.04 need to be updated
for consistency with current applicable law. The primary updates to the civil service
rules and regulations are the following: (1) provisions in SMMC sections 2.04.070 and
2.04.160 related to substantive and procedural considerations of applicants' criminal
convictions have been revised to comply with AB 1008 and to facilitate administrative
efficiency; (2) SMMC section 2.04.180 has been modified to account for the additional
limitation of 960 hours each fiscal year for temporary out-of-class appointments in
vacant positions; and (3) various subdivisions of SMMC section 2.04.320 relating to sick
leave have been revised for consistency with current State law.
City Charter Section 1012, subdivision (a), requires the Personnel Board to make
recommendations to City Council on the amendment of civil service rules and
regulations. Staff presented the attached ordinance to the Personnel Board at a
regularly scheduled meeting on February 22, 2018, and following a public hearing
thereon, the Personnel Board recommends that Council approve the revisions to the
Municipal Code as set forth in the attached ordinance. Additionally, the City Attorney’s
Office notified all bargaining unit representatives of the proposed ordinance and
provided them with an opportunity to respond and provide comments.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
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Prepared By: Meishya Yang, Deputy City Attorney
Approved
Forwarded to Council
Attachments:
A. Amended Civil Service Rules Ordinance