City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council:
1. Introduce the Ordinance (Attachment 1) amending Culver City Municipal Code
(“CCMC”) § 3.05.070(F) relating to the definition of “Direct Line of Supervision”
as contained in the City’s Anti-Nepotism Policy; and
2. Adopt the Resolution (Attachment 2) amending City Council Policy Statement
No. 4001 entitled “Anti-Nepotism” relating to the definition of “Direct Line of
Supervision” as contained in such Policy and rescinding Resolution No. 95-
R005.
BACKGROUND/DISCUSSION:
At the joint meeting of the City Council and Civil Service Commission on September
25, 2006, the Council adopted Resolution No. 2006-R068 approving and adopting
the revised Civil Service Rules. Rule 8.2.a(2) of the revised Civil Service Rules
amends the definition of “Direct Line of Supervision” as contained in the City’s Anti-
Nepotism Policy to state that the City Manager shall be deemed to hold a position
of control and authority over every City employee.
Meeting Date: 11/13/06 Item Number: A-6
AGENDA ITEM: 1) Introduction of Ordinance Amending Culver City Municipal
Code Section 3.05.070(F) Relating to the Definition of “Direct Line of Supervision”
as Contained in the City’s Anti-Nepotism Policy; and 2) Adoption of Resolution
Amending City Council Policy Statement No. 4001 Entitled “Anti-Nepotism” as
Contained in Such Policy and Rescinding Resolution No. 95-R005.
Contact Person/Dept.: Heather Iker/City
Attorney and Serena Wright/Personnel
Phone Number: (310) 253-5660/(310)
253-5642
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (11/08/06); Civil Service Commission
(11/0806)
Department Approval:
Carol Schwab, City Attorney (by H. Iker
10/23/06); Serena Wright, Personnel
Director (10/23/06)
City Manager Approval:
Jerry B. Fulwood (11/08/2006)
City Controller Approval:
Marlee Chang (11/07/2006)City of Culver City, California
City Council Agenda Item Report
In accordance with this change to the Anti-Nepotism Policy, § 3.05.070 of the
CCMC, as well as Council Policy Statement No. 4001, must also be amended for
purposes of consistency.
FISCAL ANALYSIS:
The action of this City Council Policy amendment has no fiscal impact.
ATTACHMENTS:
1. Proposed Ordinance
2. Proposed Resolution
3. Current Council Policy Statement No. 4001
MOTIONS:
That the City Council:
1. Introduce an Ordinance amending CCMC § 3.05.070(F) relating to the definition
of “Direct Line of Supervision” as contained in the City’s Anti-Nepotism Policy;
and
2. Adopt the Resolution amending City Council Policy Statement No. 4001 entitled
“Anti-Nepotism” relating to the definition of “Direct Line of Supervision” as
contained in such Policy and rescinding Resolution 95-R005.
MEETING DATE: 11/13/06
AGENDA ITEM: 1) Introduction of Ordinance Amending Culver City
Municipal Code Section 3.05.070(F) Relating to the Definition
of "Direct Line of Supervision" as Contained in the City's
Anti-Nepotism Policy; and 2) Adoption of Resolution
Amending City Council Policy Statement No. 4001 Entitled
"Anti-Nepotism" as Contained in Such Policy and Rescinding
Resolution No. 95-R005.
ATTACHMENTS
Pages
1. Proposed Ordinance 1-2
2. Proposed Resolution 3-6
3. Current Council Policy Statement No. 4001 7-8I|1010101010101010 10
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Aurrikcitmarr
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTION 3.05.070(F) OF THE
CULVER CITY MUNICIPAL CODE RELATING TO THE
DEFINITION OF "DIRECT LINE OF SUPERVISION" AS
CONTAINED IN THE CITY'S ANTI-NEPOTISM POLICY.
WHEREAS, on September 25, 2006 at a duly noticed and joint public
meeting of the City Council and the Civil Service Commission, the City Council adopted the
revised Civil Service Rules by Resolution No. 2006-R068; and
WHEREAS, Rule 8.2.a(2) of the revised Civil Service Rules amends the
definition of "Direct Line of Supervision" as contained in the City's Anti-Nepotism Policy to
state that the City Manager shall be deemed to hold a position of control and authority over
every City employee; and
WHEREAS, Culver City Municipal Code § 3.05.070(F) needs to be amended
to be consistent with this change in the Anti-Nepotism Policy as set forth in the revised Civil
Service Rules.
NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Section 3.05.070(F) of the Culver City Municipal Code is hereby
amended to read as follows:
"F. For the purpose of this Section, DIRECT LINE OF SUPERVISION
shall be defined as any regularly assigned employment relationship wherein an
employee holds a position with any control or authority over an immediate family
member of that employee. A City Council member and the City Manager shall be
deemed to hold a position of control and authority over every City employee. A
member of a City Commission, Board or Committee shall be deemed to hold a
position of control and authority over every City employee who is regularly assigned
as staff support to that member's Commission, Board or Committee."
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SECTION 2. Pursuant to Section 619 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616
and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City.
SECTION 3. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect.
APPROVED AND ADOPTED this day of 2006.
GARY SILBIGER, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney
-2-Arrnitc,biEWT'
RESOLUTION NO. 2006-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, AMENDING CITY
COUNCIL POLICY STATEMENT NO. 4001, ENTITLED
"ANTI-NEPOTISM" AND RESCINDING RESOLUTION 95-
R005.
WHEREAS, on September 25, 2006 at a duly noticed and joint public
meeting of the City Council and the Civil Service Commission, the City Council adopted the
revised Civil Service Rules by Resolution No. 2006-R068; and
WHEREAS, Rule 8.2.a(2) of the revised Civil Service Rules amends the
definition of "Direct Line of Supervision" as contained in the City's Anti-Nepotism Policy to
state that the City Manager shall be deemed to hold a position of control and authority over
every City employee; and
WHEREAS, there is a need to amend Council Policy Statement No. 4001,
entitled "Anti-Nepotism," in order to be consistent with the change in the Anti-Nepotism
Policy as set forth in the revised Civil Service Rules.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES RESOLVE as follows:
1. The City Council hereby amends City Council Policy Statement No.
4001, entitled, "Anti-Nepotism," which amended City Council Policy Statement is attached
hereto as Exhibit "A" to this resolution.
2. The City Council hereby rescinds Resolution No. 95-R005.
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LI
3. The revised Council Policy Statement No. 4001 shall be effective upon
its adoption.
APPROVED and ADOPTED this 13 th day of November 2006.
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney
-2-CITY OF CULVER CITY
COUNCIL POLICY STATEMENT Policy Number 4001
General Subject: Personnel
Date Issued 01/23/95
Effective Date 06/04/88
Resolution No. 95-R005
Specific Subject: Anti-Nepotism
Date Revised 10/23/06
Effective Date Rev. 10/23/06
Resolution No. 2006-R
PURPOSE:
To establish a consistent policy regarding the employment of members of the immediate
family of Elected Officials, Commissioners and exempt City employees in positions not
covered by Civil Service Rules.
STATEMENT OF POLICY:
1. Because of the potential for creating adverse impacts on supervision, safety,
security or morale, members of an immediate family shall not be employed in the direct line
of supervision of one another.
2. If, at the time of the adoption of this policy, an employee has an immediate
family member also employed by the City, this policy shall not be applicable to that
employee based on the existing familial relationship.
3. This policy shall not be applicable to any person whose immediately family
member is elected to the City Council, if prior to such election, such person:
a. is employed by the City; or
b. was employed by the City and has been offered and has accepted
reemployment.
4. Employees who become subject to this policy after appointment, but who are
not otherwise exempted, pursuant to Paragraph 2, shall have the opportunity to transfer
subject to the provisions of the Civil Service Rules, relating to transfers. In the event no
transfer is available, one of the employees shall resign and such resignation shall be
effective within a reasonable time period, not to exceed thirty (30) calendar days after
notification of the decision of transfer unavailability. The decision regarding who shall
City Council Policy Statement No. 4001
Exhibit "A" to Resolution No. 2006-R
Page 1 of 2resign may be made by the affected employees. If no decision is made within thirty (30)
calendar days:
a. The employee with the most recent appointment, transfer or
promotion which resulted in the application of the policy shall be
deemed to have resigned; or
b. If the reason the policy applies is other than an appointment,
promotion or transfer, the employee with the least cumulative
seniority shall be deemed to have resigned.
5. "Immediate Family" shall be defined as the following relationships whether
established by blood, marriage or other legal actions:
a. Parents, grandparents, step-parents, step-grandparents, brothers,
sisters, half-brothers, half-sisters, step-brothers, step-sisters, children,
children's spouse(s), grandchildren, step-children, step-grandchildren.
b. Spouse and spouse's parents, grandparents, brothers, sisters, half-
brothers, half-sisters, step-parents, step-grandparents, step-
grandchildren.
6. "Direct Line of Supervision" shall be defined as any regularly assigned
employment relationship wherein an employee holds a position with any control or
authority over an immediate family member of the employee. A City Council member and
the City Manager shall be deemed to hold a position of control and authority over every
City employee. An elected City Clerk or City Treasurer shall be deemed to have a position
of control and authority over employees within the respective department. A member of a
City Commission, Board or Committee shall be deemed to hold a position of control and
authority over every City Employee who is regularly assigned as a staff support to that
members' Commission, Board or Committee.
7. When it is determined an employee is affected by this policy, the employee
may appeal such determination to the Civil Service Commission for a final administrative
adjudication of the matter; provided that the Civil Service Commission, in its discretion,
may use the services of a hearing officer and not hold evidentiary hearings itself; and
provided further that, if the employee to whom the policy has been determined to apply is
an immediate family member of any member of the Civil Service Commission that
Commission member shall abstain from voting on the appeal.
8. The administrative procedures contained in this policy shall constitute an
employee's exclusive administrative remedy. An employee may not file a grievance or
other form of complaint for any determination, decision or action taken under this policy,
except as provided in Paragraph 7 herein.
City Council Policy Statement No. 4001
Exhibit "A" to Resolution No. 2006-R
62
Page 2 of 2APMAC-44 Metirr 3
CITY OF CULVER CITY
COUNCIL POLICY STATEMENT
Policy Number 4001
General Subject: Personnel
Date Issued Rv. 1/23/95
Specific Subject: Anti-Nepotism
9
Effective Date 6/4/88
Resolution No. 95-R005
PURPOSE: To establish a consistent policy regarding the employment of members of the
immediate family of Elected Officials, Commissioners and exempt City employees in
positions not covered by Civil Service Rules.
STATEMENT OF POLICY:
(a) Because of the potential for creating adverse impacts on supervision, safety,
security or morale, members of an immediate family shall not be employed in the direct
line of supervision of one another.
(b) If at the time of the adoption of this policy, an employee has an immediate
family member also employed by the City, this policy shall not be applicable to that
employee based on the existing familial relationship.
(c) This policy shall not be applicable to any person whose immediately family
member is elected to the City Council, if prior to such election, such person:
1. is employed by the City; or
2. was employed by the City and has been offered and has accepted
reemployment.
(d) Employees who become subject to this policy after appointment, but who
are not otherwise exempted, pursuant to paragraph (b), shall have the opportunity to
transfer subject to the provisions of Rule X, of the Civil Service Rules, relating to
transfers. In the event no transfer is available, one of the employees shall resign and such
resignation shall be effective within a reasonable time period, not to exceed thirty (30)
calendar days after notification of the decision of transfer unavailability. The decision
regarding who shall resign may be made by the affected employees. If no decision is
made within thirty (30) calendar days:1. The employee with the most recent appointment, transfer or promotion
which resulted in the application of the policy shall be deemed to have
resigned; or
2. If the reason the policy applies is other than an appointment, promotion or
transfer, the employee with the least cumulative seniority shall be deemed
to have resigned.
(e) "Immediate Family" shall be defined as the following relationships
whether established by blood, marriage or other legal actions:
1. Parents, grandparents, step-parents, step-grandparents, brothers, sisters,
half-brothers, half-sisters, step-brothers, step-sisters, children, children's
spouse(s), grandchildren, step-children, step-grandchildren.
2. Spouse and spouse's parents, grandparents, brothers, sisters, half-
brothers,half-sisters, step-parents, step-grandparents, step-grandchildren.
"Direct Line of Supervision" shall be defined as any regularly assigned
employment relationship wherein an employee holds a position with any control or
authority over an immediate family member of the employee. A City Council member
shall be deemed to hold a position of control and authority over every City employee. An
elected City Clerk or City Treasurer shall be deemed to have a position of control and
authority over employees within the respective department. A member of a City
Commission, Board or Committee shall be deemed to hold a position of control and
authority over every City Employe who is regularly assigned as a staff support to that
members' Commission, Board or Committee.
(g) When it is determined an employee is affected by this policy, the employee
may appeal such determination to the Civil Service Commission for a final administrative
adjudication of the matter; provided that the Civil Service Commission, in its discretion,
may use the services of a hearing officer and not hold evidentiary hearings itself; and
provided further that, if the employee to whom the policy has been determined to apply is
an immediate family member of any member of the Civil Service Commission that
Commission member shall abstain from voting on the appeal.
(h) The administrative procedures contained in this policy shall constitute an
employee's exclusive administrative remedy. An employee may not file a grievance or
other form of complaint for any determination, decision or action taken under this policy,
except as provided in paragraph (g) herein.