City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council introduce an ordinance amending Sections
3.05.015.D and 3.05.015.F of the Culver City Municipal Code of the Culver City
Municipal Code relating to exemptions to the classified service as recommended
by the Civil Service Commission (Commission).
BACKGROUND:
The Culver City Municipal Code (CCMC) delegates authority to the Commission
to oversee the administration of the civil service system. Specifically, §3.03.100.A
provides the Commission with the power to “[a]ct in an advisory capacity to the
City Council on matters pertaining to the Civil Service System.”
At its regular meeting on February 6, 2013 the Commission held a discussion
regarding the applicability of the civil service system as it relates to certain job
classifications.
The pertinent authority regarding civil service (also sometimes referred to as
“classified service”) is set forth in CCMC §3.05.015, which states:
“The Civil Service System shall be applicable to all departments, offices, positions
and employments and all persons employed by the City except the following:
A. Elective offices;
Meeting Date: 07/08/13 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Introduction of an Ordinance Amending Sections
3.05.015.D and 3.05.015.F of the Culver City Municipal Code Relating to
Exemptions to the Classified Service as Recommended by the Civil Service
Commission
Contact Person/Dept.: Serena Wright Phone Number: (310) 253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: (E-Mail) Agenda and Meetings – City Council (07/02/13); Culver
City Management Group (07/02/13); Culver City Employees Association (07/02/13);
Culver City Police Management Group (07/02/13); Culver City Fire Management Group
(07/02/13); Culver City Police Officers’ Association (07/02/13); Culver City Firefighters’
Association (07/02/13)
Department Approval:
Serena Wright (07/01/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/01/13)
Chief Financial Officer Approval:
Jeff Muir (07/02/13)
City Manager Approval:
John M. Nachbar (07/02/13) City of Culver City, California
Agenda Item Report
B. Members of appointive boards, commissions and committees;
C. Persons engaged under contract to supply expert professional or technical
services for a definite and limited period of time;
D. Assistant City Managers, Assistants to the City Manager, the Personnel and
Employee Relations Director, Public Works Director/City Engineer and such staff
assistants to any of said employees as the City Council may authorize (emphasis
added);
E. Volunteer personnel, crossing guards, or other employees holding seasonal,
limited or temporary appointments of limited duration, or serving on a part-time basis;
F. Staff assistants to the head of a department or division as may be authorized by
the City Council (emphasis added).
G. Professional and technical employees in the field of information technology, who
perform design, development, documentation, analysis, acquisition, installation,
creation, technical support, testing or modification of computer systems or
programs.”
In addition, the Culver City electorate significantly amended the City Charter in
2006. Following are sections of the Charter related to civil service:
SECTION 1200. MERIT PRINCIPLE
Appointments and promotions in the administrative service of the City shall be made
according to merit and fitness, to be ascertained, so far as practicable, by
competitive examination.
The Civil Service System adopted by the City Council pursuant to State law and in
effect prior to the effective date of this Charter, shall continue in full force and effect
unless changed by ordinance of the City Council or by amendment to the rules and
regulations approved by the City Council. As provided in the State enabling act
referred to above, the City Council shall not have the authority to withdraw any
departments or employees, including Department Heads, placed in Classified
Service, from the operation of such system, either by outright repeal of the Civil
Service ordinance or otherwise, unless and until its withdrawal shall have been
submitted to the voters of the City at a regular or special municipal election held in
the City and shall have been approved by majority vote at a City election.
SECTION 1201. CLASSIFICATION.
All Department Heads shall be in the Unclassified Service.
The City Manager, City Attorney, City Clerk and City Treasurer shall be in the
Unclassified Service.
SECTION 1202. APPOINTMENTS FROM CIVIL SERVICE POSITIONS.
In the event an employee of the City holding a position in the Classified Service is
appointed to a position in the Unclassified Service, and within two years is removed
or resigns from that position, the employee shall revert to his or her former position in
the Classified Service upon the same terms and conditions as if he or she had
continuously remained in that position.
City of Culver City, California
Agenda Item Report
SECTION 1203. PROHIBITIONS.
No person shall willfully make any false statements, certificate, mark, rating or report
in regard to any application, test certification or appointment held or made under the
Civil Service System or in any manner commit or attempt any fraud preventing the
impartial execution of such Civil Service System or its rules and regulations.
DISCUSSION:
It has been the City’s custom and practice to apply CCMC §§ 3.05.015.D and
3.05.015.F when making the determination to exempt from the civil service
certain management positions that report directly to a department or division
head.
Although the language in subsections D and F of CCMC § 3.05.015 (“as the City
Council may authorize” and “as may be authorized by the City Council”) is not
entirely clear, a reasonable interpretation that historically has been applied by
staff in the creation of new classifications is that these exemptions apply to any
department or division head and any management position reporting directly to a
department or division head, which has been authorized by the City Council
through the allocation of funding for those positions through the budget process.
In an effort to clarify the language of the CCMC, ensure that it is aligned with the
City Charter and is consistently applied, staff is proposing, and the Civil Service
Commission concurred at its February 6, 2013 Commission meeting , that City
Council consider the following revised language to CCMC §§ 3.05.015.D and F.
D. Department Heads, Assistant and Deputy Department Heads, and Division
Heads;
F. Management staff positions that report directly to the head of a department
or division.
The recommended language in subsection D is consistent with the City Charter
ensuring that all department heads are in the unclassified service. The revised
language in subsection F clarifies that any management position directly
supporting a division or department head would also be exempt from the
classified service. This would encompass Management Analysts, Senior
Management Analysts, and various other management positions throughout the
organization. It should be noted, in accordance with the City Charter, these
changes would continue to be applied prospectively and not affect any current
employee, position or job classification.
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
Introduction of the proposed Ordinance does not create a fiscal impact to the
City.
ATTACHMENTS:
1. Proposed Ordinance
2. Excerpt of minutes from the February 6, 2013 Civil Service Commission
meeting.
MOTION:
That the City Council:
Introduce an Ordinance amending Sections 3.05.015.D and 3.05.015.F of the
Culver City Municipal Code relating to exemptions to the classified service as
recommended by the Civil Service Commission.
MEETING DATE: 07/08/13
AGENDA ITEM: Adoption of an Ordinance Amending the Culver City
Municipal Code Related to Classified Service as
Recommended by the Civil Service Commission
ATTACHMENTS
Pages
1. Ordinance 1 - 2
1 ORDINANCE NO. 2013-
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AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTIONS 3.05.015.D AND
3.05.015.F OF THE CULVER CITY MUNICIPAL CODE
RELATING TO EXEMPTIONS TO THE CLASSIFIED
SERVICE.
WHEREAS, at its meeting of February 6, 2013, the Civil Service Commission
adopted a motion recommending to the City Council that Culver City Municipal Code
(CCMC) Sections 3.05.015.D and 3.05.015.F be amended to clarify that all Department
Heads, Assistant and Deputy Department Heads, Division Heads, and management
positions that report directly to a department or division head shall be exempt from the Civil
Service System; and
WHEREAS, this clarification is consistent with the City's past custom and
practice; and
WHEREAS, in accordance with the City Charter, this exemption shall only be
applied prospectively and shall not affect the Civil Service status of any current employee,
position or job classification.
NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Section 3.05.015.D is hereby amended to read as follows
(deletions indicated by strike through text; additions indicated by underlined text):
"D. Department Heads, Assistant and Deputy Department Heads, and
Division HeadsAssistant City Managers, Assistants to the City Manager, the
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authorizo;"
SECTION 2. Section 3.05.015.F is hereby amended to read as follows
(deletions indicated by strike-through text; additions indicated by underlined text):
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30 JEFFREY COOPER, Mayor
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
A13-00377
CPPOL AT-SCHWAB, City Attorn
"F. Management Sstaff positions a-cistantc- , that report directly to the head
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of a department or division
3 SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance
4 shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616
5 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
6 the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
7 Culver City News and shall post this Ordinance or a summary thereof in at least three
8 places within the City.
SECTION 4. The City Council hereby declares that, if any provision, section,
10 subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
11 invalid or unconstitutional by any final action in a court of competent jurisdiction or by
12 reason of any preemptive legislation, then the City Council would have independently
13 adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
14 or words of this ordinance and as such they shall remain in full force and effect.
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16 APPROVED AND ADOPTED this day of
,2013.
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