City of Culver City, California
Agenda Item Report
Meeting Date: 08/08/2011 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving and Adopting
Amendments to Civil Service Rules 2, 3, 7, 12 and 15 as Recommended by the Civil
Service Commission.
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 [] Dates: June 1, 2011
Civil Service Commission
Public Notification: (E-Mail) Agenda and Meetings – City Council (08/03/11); Culver City
Management Group (08/03/2011); Culver City Management Group (08/03/2011); Culver
City Management Group (08/03/2011); Culver City Management Group (08/03/2011);
Culver City Management Group (08/03/2011); Culver City Management Group
(08/03/2011); Culver City Management Group (08/03/2011)
Department Approval:
Serena Wright (07/27/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/01/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (08/03/11)
City Manager Approval:
John M. Nachbar (08/03/11)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution approving and adopting
amendments to Civil Service Rules 2, 3, 7, 12 and 15, as recommended by the Civil
Service Commission.
BACKGROUND:
After approval by voters of the new City Charter (Charter) on April 11, 2006, the City
Council directed staff to provide implementation procedures to bring all City codes,
rules and policies into compliance with the new Charter. Over the past five years,
City staff and City Council and Commission subcommittee members have met to
review and discuss the role and responsibility of City commissions. The framework
for the discussions of the Civil Service Commission (Commission) centered on the
compatibility of the Commission’s duties and powers under the Charter, particularly
as it related to the new Council-Manager form of government.
Staff’s goal was to present recommendations that maintain the integrity of the civil
service system, protect the Commission’s vital role as a neutral hearing body, and
allow the City’s employment processes to continue in a manner that is efficient and
in the best interest of City employees.
City of Culver City, California
Agenda Item Report
DISCUSSION:
Over the past several months staff has met with the Commission to review and
discuss the Commission’s role and duties as outlined in the Charter, Culver City
Municipal Code and Civil Service Rules. At those meetings, recommendations were
made to amend Civil Service Rules 2, 3, 7, 12 and 15 that, in summary:
• Clarify the Commission’s role as an advisory body to City Council on
matters pertaining to the civil service system
• Provide for the Commission to be the final arbiter on disciplinary and
grievance appeals
• Provide for the Commission to have final approval on new and revised job
classification specifications
• Modify the Commission’s role in relation to the employee recognition
program
On June 1, 2011 the Commission held a public hearing and ultimately, through
majority vote, approved staff recommendations to amend Civil Service Rules 2, 3, 7,
12 and 15. The Commission’s recommendations are being provided to City Council
tonight for consideration of approval and adoption in accordance with Civil Service
Rule 17.3 (a) (6).
The amendments to Civil Service Rules 2, 3, 7, 12 and 15 are set forth in Exhibit “A”
to the proposed Resolution. These changes are consistent with City Council
discussion and action regarding the roles of city commissions on June 27, 2011.
FISCAL ANALYSIS:
Adoption of these recommendations will streamline operations and is expected to
result in an indirect cost savings in staff time.
ATTACHMENTS:
1. Proposed Resolution
2. Revised Civil Service Rules
MOTION:
That the City Council:
Adopt a Resolution approving amendments to Civil Service Rules 2, 3, 7, 12 and
15 as recommended by the Civil Service Commission.
MEETING DATE:
AGENDA ITEM:
1 — 2
3 — 5
8/08/11
Adoption of a Resolution Approving Amendments to the
Civil Service Rules as Recommended by the Civil Service
Commission
ATTACHMENTS
Pages
1. Resolution
2. Revised Civil Service Rules 1
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RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AND ADOPTING
AMENDMENTS TO CIVIL SERVICE RULES 2, 3, 7, 12 AND 15
AFTER A PUBLIC HEARING HELD THEREON BEFORE THE
CIVIL SERVICE COMMISSION.
WHEREAS, pursuant to Culver City Municipal Code Section 3.03.020.B, the
Civil Service Commission conducted a duly noticed public hearing to consider proposed
amendments to Civil Service Rules 2, 3, 7, 12 and 15, fully considering the proposed
amendments, staff report, related information and all comments from the employee
organizations and the public; and
WHEREAS, following the conclusion of the public hearing and the
Commission's thorough deliberation of the matter, the proposed amendments to Civil
Service Rules 2, 3, 7, 12 and 15, were approved by the Civil Service Commission for
recommendation to the City Council for its approval and adoption.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The proposed amendments to Civil Service Rules 2, 3, 7, 12 and 15,
a copy of which are attached hereto as Exhibit "A" and incorporated herein by reference,
are hereby approved and adopted and shall replace in their entirety existing Civil Service
Rules 2, 3, 7, 12 and 15, which were previously adopted by Resolution No. 2006-R068.
All other Civil Service Rules adopted by Resolution No. 2006-R068 and not specifically
amended by this Resolution shall remain in full force and effect.
-1- ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk
Al 1-00422
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A7171:-A. S- CH1/1/ - AB, City Attorney
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2. This Resolution is effective immediatel y upon its adoption.
APPROVED and ADOPTED this day of 2011.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
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"Arl Exhibit "A" to Resolution No. 2011-R
RULE 2
CIVIL SERVICE COMMISSION
2.1 Definition and Function: The Civil Service Commission shall be a body of five (5) lay
citizens, none of whom shall hold any paid office or employment in the City Government, or hold
any contract for services to the City which could create a significant conflict with their duties as
Commissioners and shall be appointed by the City Council to serve for specified terms or at the
discretion of the City Council. Their principal function shall be to advise the City Council on all
matters pertaining to e' e••• -0•• - •" - be civil_ service syNa recommend adoption of
amendments to the Civil Service Rules, make any appropriate investigation regarding personnel
administration, and provide an appeals procedure for classified employees.
2.8 Powers and Duties: The Commission shall have the power and duty to:
a. Act in an advisory capacity
on matters pertaining to personnel-administration the civ;
to the City Council
service sytiiin;
b. After a public hearing thereon, recommend to the City Council the adoption of
amendments to or repeal of the Civil Service Rules;
of personnel in the Classified Service and report its findings to the City Council;
d. 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 an-GI
recommendation;
e. 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;
f. Exercise such functions with respect to the Civil Service System not inconsistent
herewith, as may be prescribed by the City Council. Exhibit "A" to Resolution No. 2011 -R
RULE 3
CLASSIFICATION
3.3 Procedure:
a. Processing: The establishment of a new classification or a reclassification may be
requested by any member of the City Council, Commission, appointing authority or
any employee of the City. The request shall be prepared and submitted to the
Personnel & Employee Relations Director and the affected department head, and
attached thereto shall be a description of the duties to be performed, and such
information or attachments as may be necessary to consider the case. The
Personnel & Employee Relations Director shall review the requested action with the
requesting party and make such recommendations to the Commission as the
Personnel & Employee Relations Director deems appropriate.
The Personnel & Employee Relations Director's recommendations shall be
communicated to the originator, the affected appointing authority and employee
organization. If any party disagrees with the Personnel & Employee Relations
Director's recommendations, such objection may be presented in writing or verbally
to the Commission at the time for consideration of the recommendation. The
Commission shall make the final decision o e establishment of a new classification
miNvismsfp:gEvpx*Ipg-classitioation
c. Appeal: Any employee subject to these Rules, except as otherwise provided herein,
may appeal by filing written objections to the Commission regarding the proposed
classification action. Such objections shall be considered at the same time as the
Commission considers the recommendations of the Personnel & Employee Relations
Director. Commission recommendations for modification of the classification shall be
forwarded through the Personnel 8, Employee Relations Director to the City Council
for final approval. This shall constitute the appeal process for classification actions
except as provided in the grievance procedures in these Rules.
RULE 7
ELIGIBLE LISTS
7.4 Certification: Upon review and approval of the eligible list, the Personnel and
Employee Relations Director shall certify it for use in the selection of an appointee and
provide it - to the Commission at ttipti next Legtgas meeting: When an examination
process does not produce a valid eligible list of at least five (5) qualified candidates, the
Personnel & Employee Relations Director may approve the use of a valid eligible list
created for a higher classification when the Director determines that candidates on that
list are qualified and interested in appointment to a related lower classification.
2 ROFR-111€11-El3t- 0e irnmecuD
Exhibit "A" to Resolution No. 2011-R
RULE 12
GRIEVANCES
12.16 Deliberations: The Commission shall deliberate in closed session and make a decision
on the grievance.
The Commission may only - .*-- -* --**• - e • e e titadjty or reiect a decision
pertaining to a grievance on one or more of the following basis:
a. The decision itself resulted in a violation of the Civil Service Rules.
b. The decision resulted from discrimination on the basis of political affiliation, religion,
age, gender, color, national origin, disability, marital status, race or sexual
orientation/identification.
c. The decision reached was arbitrary, unreasonable, or excessive.
12.17 Findings and Recommendations: Written findings and recommendations of the
Commission shall be rendered within fifteen (15) working days after the conclusion of
deliberations unless extended by mutual consent by both parties.
12.18 Execution of Commission FindingS Re mend: The findings and
recommendations of the Commission, pursuant to a grievance, shall not be final.
bindina unless or until they are adopted by a maioribi
grievance prior to the City Council's decision-but may not present new evidence.
RULE 15
EMPLOYEE RECOGNITION AND INCENTIVE PROGRAM
FOR OUTSTANDING JOB PERFORMANCE
15.4 Procedures: The appointing authority may recommend an employee for an
outstanding job performance award which meets the criteria of the program. The
appointing authority shall prepare written recommendations and ,shall forward them to
the City Manager for approval, disapproval or modification The recognition award
andfor commendation (excluding oral and ?-written r recognition by the appointing
authority) Atiall forwarded to 1W Commission, for ppko aokfiggegjAmpnt.
approves thc City Manager's recommendations for recognition award or
taken to the City Council for a final decision.
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