City of Culver City, California
Agenda Item Report
Meeting Date: 11/23/2009 Item Number: A-2
CITY COUNCIL AGENDA ITEM: Consideration of a Recommendation from the Civil
Service Commission to (1) Discuss the Issues Related to Consistency of
Classification Specifications and (2) Consider Submitting a Charter Amendment or
Other Measure for Consideration by the Electors at the April 13, 2010 Municipal
Election.
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No []
Public Hearing: [] Action Item: [x] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: 10/07/09
Public Notification: (E-Mail) Agendas and Meetings – City Council (11/19/09); (E-mail)
Culver City Management Group (11/19/09); (E-Mail) ; Civil Service Commission
(11/19/09)
Department Approval:
Serena Wright (11/17/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/17/09)
Chief Financial Officer Approval:
Mark Scott (by M. Noller) (11/18/09)
City Manager Approval:
Mark Scott (11/19/09)
RECOMMENDATION
The Civil Service Commission recommends that the City Council:
(1) discuss the issues related to consistency of classification specifications; and,
(2) consider submitting a Charter Amendment or other measure for consideration
by the electors at the April 13, 2010 Municipal Election.
BACKGROUND
Over the past several months the Civil Service Commission (“Commission”) has
discussed the importance of having consistency within classification specifications.
The most current issue has focused on the deputy classifications: specifically, why
certain deputy classifications are included within the civil service system and others
are not.
There are a total of eight deputy classifications: Deputy City Attorney I/II, Deputy City
Clerk, Deputy City Treasurer, Deputy Community Development Director/Planning
Manager, Deputy Community Development Director/Redevelopment Administrator,
Deputy Human Resources Director, Deputy Parks, Recreation, and Community City of Culver City, California
Agenda Item Report
Services Director, and Deputy Transportation Director. Three of these are included
within the civil service system: Deputy City Clerk, Deputy City Treasurer and Deputy
Transportation Director.
This issue was first raised in August 2008 when the City was recruiting to fill three
(3) vacant deputy positions. It was noted at that time that the civil service status
amongst these classifications was not consistent. It was further discussed that
previous City Council direction was to ensure a consistent organizational structure.
The City Attorney’s Office and Human Resources Department staff researched the
matter and concluded that the inconsistency was a historical issue. The
classifications under discussion were created between 1960 and 1989. In addition, it
was determined that, under state and local regulations, the deputy classifications
that were still within the civil service system could only be removed by a majority
vote of the electorate.
DISCUSSION
Culver City’s organizational structure includes some classifications that are included
within the civil service system and others which are not. Those that are not included
within the civil service system are defined as unclassified or at-will.
The criteria used to determine civil service applicability is set forth in Culver City
Municipal Code (“CCMC”) Section 3.05.015, which provide as follows:
“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;
B. Members of appointive boards, commissions and committees;
C. Persons engaged under contract to supply expert professional
or technical services for a definite or limited period of time;
D. The Chief Administrative Officer, whether termed as such, or as
City Manager, Coordinator, or by any other term intended to designate
the supervisor and superintendent of the overall administration of the
City;
E. Assistant Administrative Officers, Assistants to the Chief
Administrative Officer, the Personnel Director, the Labor Relations
Officer, Public Works Director/City Engineer and such staff assistants
to any of said officers as the City Council may authorize; City of Culver City, California
Agenda Item Report
F. Volunteer personnel, crossing guards, or other employees
holding seasonal, limited or temporary appointments of limited
duration, or serving on a part-time basis;
G. Staff assistants to the head of a department or division as may
be authorized by the City Council;
H. 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 concurrence with the City Attorney’s Office, the Human Resources Department
currently relies upon subsection (G) in designating any newly created deputy
classifications as unclassified
City Charter
The City Charter, which supersedes the CCMC, provides that a classification, once
placed within the Civil Service System, may only be removed by a majority vote of
the electorate. In addition, Civil Service Rule 1.8 provides similar language. Culver
City Charter, Article XII, Section 1200 provides the following:
“…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 an ordinance of the City Council or by
amendment to the rules and regulations approved by the City Council. 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.”
In April 2006, the Culver City electorate approved a Charter amendment that
included removing all department heads from the Civil Service System. The City
Charter, Article XII, Section 1201 specifically states, “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.”
Civil Service Commission
At the September 2, 2009 meeting, the Commission discussed the inconsistency
issues within the deputy classifications and, in light of the requirements of the City’s City of Culver City, California
Agenda Item Report
Charter, options that could be used to resolve such inconsistencies. Specifically, the
Commission discussed making the following recommendations to City Council:
• Place a measure on the ballot in the General Municipal Election to remove
the positions of Deputy City Clerk, Deputy City Treasurer and Deputy
Transportation Director from the classified service, upon each position
becoming vacant; or,
• Place a measure on the ballot in the General Municipal Election to amend
City Charter Article XXII, Section 1200 to provide the City Council with
greater latitude and flexibility in removing vacant classifications from the
Civil Service System as appropriate; or,
• Place a measure on the ballot in the General Municipal Election to amend
City Charter Article XXII, Section 1201 to exempt deputy director
classifications (in addition to department heads) from the Civil Service
System.
The Civil Service Commission continued its discussion of this issue at its October 7,
2009 meeting. At that meeting the Commission determined to recommend that the
City Council discuss and take action as appropriate on the following options (It
should be noted that the Commission felt consideration should be given in the order
presented):
• Place a measure on the ballot in the General Municipal Election to amend
City Charter Article XXII, Section 1201 to exempt deputy director
classifications (in addition to department heads) from the Civil Service
System; or
• Place a measure on the ballot in the General Municipal Election to remove
the positions of Deputy City Clerk, Deputy City Treasurer and Deputy
Transportation Director from the classified service, upon each position
becoming vacant.
The Commission felt that it was essential for the deputy classifications to be
consistent. It is important to state that the Commission made their recommendation
with the idea of rectifying an issue of perceived unfairness. It was not made with the
thought of dismantling the civil service system. None of the above options would
affect current employees within the aforementioned classifications. The incumbents
would retain their civil service status and the classification would become
unclassified upon attrition. Further, the Commission also thought it was important for
the City Council to review the City’s organizational structure to ensure that other
inconsistencies did not exist. Staff has made a review and determined the issue with
the deputy classifications is an isolated circumstance.
City of Culver City, California
Agenda Item Report
One of the dissenting Commissioners believed that taking the current classified
deputy positions out of civil service would undermine the civil service system and
could hinder employees from making recommendations to superiors without the fear
of reprisal. The other dissenting Commissioner felt that there was not enough
information provided to make a recommendation to Council.
The recommended last day to call election for ballot measures is December 22,
2009. The last day to call election for ballot measures is January 15, 2010.
Comments from the City Manager
The City Manager fully concurs with the substance of the Commission’s
recommendation. However, given the current significant economic challenges faced
by the City and the very limited number of employees this proposed Charter
Amendment or measure would affect, the City Manager questions whether there is
sufficient urgency to place this on the ballot at this time.
FISCAL ANALYSIS
The projected cost to place a measure on the ballot is approximately $16,000. The
majority of the cost involves the Department of Justice compliance and language
translation requirements.
ATTACHMENTS
1. Excerpt minutes from October 7, 2009 Civil Service Commission meeting
MOTION
That the City Council:
1. Discuss the Issues Related to Consistency of Classification Specifications;
and,
2. Consider Submitting a Charter Amendment or other measure for
consideration by the electors at the April 13, 2010 Municipal Election.
MEETING DATE: 11/23/09
AGENDA ITEM: Consideration of a Recommendation from the Civil Service Commission to (1)
Discuss the Issues Related to Consistency of Classification Specifications and (2) Consider
Submitting a Charter Amendment for Consideration by the Electors at the April 13, 2010
Municipal Election.
ATTACHMENTS
Pages
1. Excerpt minutes from the October 7, 2009 Civil Service
Commission meeting 1 - 2
ATTACHMENT 1
***UNOFFICIAL MINUTES EXCERPT***
REGULAR MEETING OF THE October 7, 2009
CIVIL SERVICE COMMISSION, 7:00 P.M.
CITY OF CULVER CITY,
CALIFORNIA
Call to Order & Roll Call
The meeting of the Civil Service Commission was called to
order at 7:00 P.M.
Present: Chair Sharon Zeitlin
Vice Chair Dan Gallagher
Commissioner Richard Ochoa
Commissioner Sandy Stivers
Commissioner Michael Whitaker
o0o
Action Items Item A-4
Consistency of Classification Specifications and Commission
Recommendation to City Council
Staff provided a summary of the material of record.
Discussion between staff and the Commission included:
ranking the suggestions before presenting to the City
Council; allowing the Council more latitude; the
implications of proposed actions and unintended
consequences; the purpose of Civil Service in government;
concern with providing a means to remove Civil Service
protection from the three classifications; a suggestion to
create new classifications exempt from Civil Service if
warranted; preferences for options; efforts to rectify a
system of unfairness in the Deputy classifications;
clarification that not all Federal employees are protected
by Civil Service; concern with City budget issues;
background and the context for the issue; other
inconsistencies and a request for organization charts for
each department and time to review them before taking
action; clarification regarding which positions in the City are classified; and concern that positions might be
overlooked.
Desmond Burns, President of The General Service Unit,
indicated that he wanted to see all positions classified.
Further discussion between staff and the Commission
included: concern with delaying the issue any further;
concern that the issue be addressed thoroughly and
completely; timing issues and deadlines with the election;
a feeling that the Deputy classifications are an isolated
incident; concern that information has been lacking and
additional information will not be forthcoming; a
suggestion to include background on the item and remind the
Council that they wanted a consistent organizational
structure; concerns with option 2; a desire for a
comprehensive report; staff assistants; updating and
clarifying staff assistant language; taking out specific
positions vs. taking out a class specification; staff
agreement to provide information regarding consistency
across departments; and clarification that no Deputy
positions have been filled since 2008.
Commissioner Whitaker moved to recommend to the City
Council that they look at options 3 or 1 in that order.
Commissioner Ochoa seconded the motion and the discussion
continued.
Chair Zeitlin proposed an amendment to include
encouragement to the Council to look at other
classifications as well.
Commissioner Whitaker rejected the amendment as he felt
that was a separate issue that should be addressed as the
need arises.
Additional discussion between staff and the Commission
included: how and when the issue of consistency would be
addressed.
MOVED BY COMMISSIONER WHITAKER AND SECONDED BY COMMISSIONER
OCHOA THAT THE CIVIL SERVICE COMMISSION MAKE A
RECOMMENDATION TO THE CITY COUNCIL TO LOOK AT OPTIONS 3 AND
1 IN THAT ORDER. THE MOTION PASSED BY THE FOLLOWING VOTE:
AYES: Ochoa, Whitaker, Zeitlin
NOES: Gallagher and Stivers