title
CC:CSC - Discussion with the City Council of the Powers and Duties of the Civil Service Commission as provided for in accordance with the Culver City Municipal Code.
body
Meeting Date: December 7, 2016
Contact Person/Dept: Serena Wright-Black/Administrative Services
Phone Number: (310) 253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (11/30/16); (Email) All City Staff (11/30/16)
Department Approval: Serena Wright-Black, Director of Administrative Services (11/29/16)
_____________________________________________________________________
BACKGROUND/DISCUSSION
The last joint meeting held between the City Council (Council) and Civil Service Commission (Commission) occurred on November 22, 2004. At that meeting, the Council and Commission discussed the Commission’s responsibilities as defined by the Culver City Municipal Code and potential conflicts presented by the powers and duties provided at that time.
Since that time, the Council and Commission members have changed due to term and appointment limits for these elected and appointed bodies. The purpose of this agenda item is to convene a discussion regarding the Powers and Duties of the Civil Service Commission as provided for in accordance with the Culver City Municipal Code. In addition, this is an opportunity to jointly review the accomplishments of the Commission.
Civil Service Commission - Powers and Duties
The Commission is charged with specific powers and duties codified in the Civil Service Rules (CSR) and the Culver City Municipal Code (CCMC). CCMC § 3.03.100 provides the Commission with the following powers and duties:
A. Act in an advisory capacity to the City Council on matters pertaining to the Civil Service System;
B. Hear appeals or grievances of any officer or employee under the Civil Service System who is suspended, demoted or removed and report in writing its findings and conclusions;
C. Examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the City and attested by the City Clerk; and
D. Recommend new or amended Civil Service Rules consistent with the City Charter and Civil Service System, holding public hearings thereon before presentation to City Council for approval.
E. Periodically, at the discretion of the City Council, 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, fair and reasonable and make recommendations with respect thereto to the City Council;
F. Perform such other duties with respect to the Civil Service System, not inconsistent with the City Charter or this Code, as may be prescribed by ordinance, resolution, City Council policy or other City Council action.
CSR 2.8 empowers the Commission with the authority to:
a. Act in an advisory capacity to the City Council on matters pertaining to the civil service system;
b. After a public hearing thereon, recommend to the City Council the adoption of amendments to or repeal of the Civil Service Rules;
c. Hear appeals of any employee under the Classified Service who has received a reduction in step within a salary range, suspension, demotion, or dismissal, or who is appealing the denial of a grievance, and report in writing to the appointing authority, City Manager, employee and/or City Council its findings and conclusions;
d. Review city-wide salary studies for classified positions, conducted every five years among other public agencies, to ascertain whether the salaries being paid City employees for similar work are comparable, fair and reasonable, and make recommendations with respect thereto to the City Council;
e. Exercise such functions with respect to the Civil Service System not inconsistent herewith, as may be prescribed by the City Council.
Commission Accomplishments
Over the last five years the Commission has accomplished the following:
1) Civil Service Rules Amendments
In 2006, the Commission undertook a comprehensive two-year review of the Civil Service Rules which resulted in a number of major changes to policies and processes. Since that time, the Commission has conducted several other Public Hearings in relation to making recommendations to the Council to further amend various provisions of the Civil Service Rules.
• On June 1, 2011 the Commission recommended to Council amendments to Civil Service Rules 2, 3, 7, 12, and 15. These recommended changes came after a series of meetings with City staff and Council and Commission subcommittee members. The final proposed amendments provided recommendations to ensure that the Commission’s role was compatible with the Council-Manager form of government, that their role as a neutral hearing body was protected and to reiterate their authority as an advisory body to the City Council on matters pertaining to the civil service system. Further, the amendments gave the Commission the authority to be the final arbiter on disciplinary appeals and grievances. It also provided the ability for the Commission to be the final approver on classification specifications. These recommended amendments were adopted via Resolution on August 8, 2011.
• On October 3, 2012, the Commission recommended amendments to Civil Service Rule 2 pertaining to the Commission maintaining a separate mail box at the post office. This recommended change was adopted by City Council on December 10, 2012.
• On February 6, 2013, the Commission recommended that the Council adopt clarifying language to Municipal Code §§ 3.05.015 (D) and 3.05.015 (F) Classified Service Applicability, which provides the authority for exempting certain job classifications from the civil service system; subsequently an ordinance amending the municipal code language was adopted by City Council on July 8, 2013.
• On November 6, 2013, the Commission established Pre-Hearing Conference Procedures to clarify information contained in Civil Service Rule 11. These Pre-Hearing Conference Procedures were developed to assist parties involved in an appeal to expeditiously resolve various procedural matters prior to the commencement of the hearing. This, in turn, would shorten the length of the actual hearing and allow the Commission to render a decision more quickly.
• On June 3, 2015, the Commission recommended major amendments to Civil Service Rules 6, 7, 8, 11, 14, and 16 These amendments, which attempted to clarify existing procedures, streamline processes, and ensure that the Rules were legally compliant, provided for changes covering job bulletins, recruitment exam procedures, disciplinary appeals and hearings. These recommended changes were adopted by City Council on June 22, 2015.
2) Disciplinary Appeal Hearings
In accordance with the CCMC and CSR, the Commission is charged with hearing disciplinary appeals pertaining to pay reductions, suspensions, demotions and dismissals. From 2011 to present the Commission has heard five disciplinary appeal hearings, including two which were heard by a hearing officer with the Commission rendering the final decision. These hearings were appeals of three terminations, one demotion and one suspension.
MOTION
That the City Council and Civil Service Commission:
1. Discuss the Commission’s role and responsibility pertaining to power and duties as provided for in the Culver City Municipal Code.