R11279 1
City Council Meeting: July 28, 2020 Santa Monica, California
RESOLUTION NUMBER 11279 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A
MEASURE TO AMEND SECTION 1107 AND REPEAL SECTION 1108
OF ARTICLE XI OF THE CITY OF SANTA MONICA CHARTER
RELATING TO CIVIL SERVICE APPOINTMENT AND PROMOTIONAL
RULES
WHEREAS, on June 9, 2020, the City Council adopted Resolution No. 11254
(CCS) calling for and giving notice of a General Municipal Election on Tuesday,
November 3, 2020; and
WHEREAS, pursuant to California Elections Code section 10403, on June 9, 2020,
the City Council adopted Resolution No. 11255 (CCS) requesting that the County of Los
Angeles consent and agree to the consolidation of all aspects of a General Municipal
Election with the Statewide General Election to be held on Tuesday, November 3, 2020,
for the purpose of electing members of the Santa Monica City Council, the Santa Monica
Rent Control Board, the Santa Monica-Malibu Unified School District Board of Education,
and the Santa Monica College Community College District Board of Trustees; and
WHEREAS, at a regular meeting of the City Council on July 28, 2020, the City
Council recommended that, to facilitate future equity-based amendments to the Civil
Service appointment and promotional rules currently set forth in the last paragraph of
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section 1107 and section 1108 of Article XI of the City Charter and mirrored in Chapter
2.04 of the Santa Monica Municipal Code, with the goal of advancing more inclusive
recruitment practices, these provisions be removed from the City Charter; and
WHEREAS, California Elections Code section 9255(b) requires that a proposal to
amend a city charter, proposed by the governing body of a city on its own motion, be
submitted to the voters at an established statewide general election pursuant to California
Elections Code section 1200, provided there are at least 88 days before the election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. A General Municipal Election has been called for November 3, 2020,
for the purpose of, among other things, electing members of the City Council and
submitting measures and ballot propositions to the voters.
SECTION 2. At the General Municipal Election called for November 3, 2020, the
following measure to amend the City Charter shall be placed on the ballot and submitted
to the qualified electors of the City of Santa Monica:
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MEASURE “_”:
Shall the City Charter be amended to repeal provisions
setting rules for appointing candidates and promoting
employees into the Civil Service, to enable the City Council
to advance equity-based hiring within the appointment and
promotional processes and strengthen the City’s workforce?
YES
_________
NO
SECTION 3. The City of Santa Monica recognizes that additional costs may be
incurred by the County by reason of the addition of this measure to the ballot and agrees
to reimburse the County for any additional costs performed upon presentation of a bill
pursuant to Elections Code section 10002.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with
Elections Code section 9280, a copy of this ballot measure. The City Attorney shall
prepare an impartial analysis of the ballot measure, which shall not exceed 500 words in
length. The impartial analysis shall be filed by the date set by the City Clerk for the filing
of primary arguments. In accordance with Santa Monica Municipal Code section
11.04.190 and California Elections Code section 9295, not less than 10 calendar days
before the City Clerk submits the official election materials for printing, the City Clerk
shall make a copy of all applicable election materials available for public examination in
the City Clerk's office.
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SECTION 5. The City Council authorizes its members, as follows, to file written
arguments for or against the ballot measure:
FOR: Councilmember Sue Himmelrich
AGAINST:
All written arguments filed by any person in favor of or against the ballot measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the arguments as required by applicable law, and any names,
signatures, and arguments may be filed until the time and date fixed by the City Clerk in
accordance with applicable law, after which no change may be submitted to the City
Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the ballot measure, which is
contained in Exhibit 1, together with the City Attorney’s impartial analysis, and any
arguments for or against the measure, as well as any rebuttal, to be mailed to all qualified
voters with the sample ballot. In addition to other notices and publications required by
law, the City Clerk, not less than 40 days and not more than 60 days before the statewide
general election, shall cause the text of the ballot measure to be published once in the
official newspaper and in each edition thereof during the day of publication. The City
Clerk is authorized to give such notices and to fix such times and dates as are required
by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Nos. 11254 and 11255 (CCS) are
referred to and incorporated into this Resolution. Those Resolutions provide necessary
particulars concerning the General Municipal Election to be held on November 3, 2020,
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and among other things, deal with the placing on the ballot of this and other measures
as well as the conduct, consolidation, and coordination of the General Municipal Election
with the General Statewide Election, which will also be conducted on November 3, 2020.
In all respects, the election shall be held and conducted as provided for by applicable
law, including but not limited to the above-referenced Resolutions. The City Clerk is
authorized and directed to procure and furnish any official ballots, notices, printed
materials, and all supplies or equipment that may be necessary in order to conduct the
election properly and lawfully.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
George S. Cardona
Interim City Attorney
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Exhibit 1
CITY COUNCIL PROPOSED MEASURE
TO AMEND SECTION 1107 AND REPEAL SECTION 1108 OF ARTICLE
XI OF THE CITY OF SANTA MONICA CHARTER
WHEREAS, Article XI of the Charter of the City of Santa Monica (City Charter)
currently contains the establishing and enabling provisions of the Civil Service, including
in the last paragraph of section 1107 and in section 1108 the rules for appointing
candidates to open positions and promoting employees in the Classified Service of the
City; and
WHEREAS, the elimination of these appointment and promotional rules from the
City Charter will facilitate future equity-based amendments to the Manual of Civil Service
Rules and Regulations set forth in Chapter 2.04 of the Santa Monica Municipal Code,
with the goal of making the hiring and promotional processes more inclusive; and
WHEREAS, the City Council wishes to place before the voters a measure that
would amend section 1107 and repeal section 1108.
NOW, THEREFORE,
SECTION 1. Section 1107 of Article XI of the Charter of the City of Santa Monica
is hereby amended to read as follows:
1107. Performance evaluations
A system of compulsory, periodic, at least annually, efficiency ratings shall be
established by the Personnel Director for all employees in the Classified Service, subject
to the approval of the Personnel Board.
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Special rating forms shall be designed for such classification as require them in
order that the quality of performance, by each person rated, of the required functions of
the positions may be accurately reflected through their use.
The City Manager or his or her designee shall be required to evaluate all
departmental directors and subordinate officers. The departmental directors shall
evaluate all officers and employees in their respective departments.
Promotions shall be on the basis of ascertained merit, credit and seniority in
service and examination. Vacancies shall be filled by promotion upon competitive
examinations unless the appointing authority in particular instances believes it impractical
or not in the best interest of the public service, and the reasons therefor are submitted to
and approved by the Personnel Board.
SECTION 2. Section 1108 of Article XI of the Charter of the City of Santa Monica
is hereby repealed as follows:
1108. Appointments.
Upon the receipt of notice of a vacancy in the Classified Service, the Personnel
Director shall certify to the appointing authority the names of the three highest candidates
on the promotional eligible list or the names of the candidates in the top three bands on
an open (non-promotional) eligible list for such position. If less than three names are on
the promotional eligible list or if less than three bands are on an open (non-promotional)
eligible list, the appointing authority may request the establishment of a new eligible list.
No candidate may be certified more than three times for any one Classified position.
When no eligible lists are available, the Personnel Board, under such rules and
regulations as it shall prescribe, may authorize the appointing authority to make
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temporary appointments in the Classified Service which shall remain in force until regular
appointments can be made, but in no case to exceed one-hundred-eighty (180) days in
order to prevent the stoppage of public business and in order to meet extraordinary
conditions.
SECTION 3. If any section, subsection, sentence, clause or phrase of this
measure is for any reason held to be unconstitutional or otherwise legally invalid by a
decision of any court of competent jurisdiction, such decision shall not affect the validity
and force of the remaining portions of this measure. The City Council hereby declares
that it would have placed this City Charter amendment before the voters, and the voters
declare that they would have adopted this Charter Amendment and each portion thereof
regardless of the fact that any portion may be subsequently declared invalid.
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Adopted and approved this 28th day of July 2020.
__________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11279 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 28th day of July 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, McCowan, Jara, Winterer,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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