HomeMy WebLinkAboutAtt A - MinutesAttachment A
Agenda Item No. 1
April 6, 2010
CHARTER UPDATE COMMISSION
MINUTES
Council Chambers
Tuesday, March 16, 2010
2:00 p.m.
I. ROLL CALL
Present: Commissioners Rush Hill, Richard Luehrs, Dennis O'Neil, Karen Rhyne, Larry
Tucker, Paul Watkins, Chairwoman Marian Bergeson, and Mayor Pro Tem Henn
Absent: None
II. APPROVAL OF MARCH 2, 2010 MEETING MINUTES
1. Motion by Commissioner O'Neil, seconded by Commissioner Watkins, to waive
reading of subject minutes, approve as amended, and order filed.
The motion carried by the following roll call vote:
Ayes: Hill, Luehrs, O'Neil, Rhyne, Tucker, Watkins, and Chairwoman Bergeson
Absent: None
III. CHARTER SECTION DISCUSSIONS (COUNCIL -APPROVED PROVISIONS)
2. CHARTER SECTIONS 710-711 — CIVIL SERVICE BOARD; CHARTER
SECTIONS 800-803 — CIVIL SERVICE SYSTEM; ORDINANCE NO. 866 (NBMC
CHAPTER 2.24) AND THE CIVIL SERVICE SYSTEM GENERALLY.
Project Manager Standiford reiterated the Charter Update Commission's duties and
noted that the Commission's recommendations will be evaluated by Council to assist in
updating and modernizing the City's Charter.
City Manager Kiff provide a handout regarding the Civil Service System and pointed out
that the System is outdated as it relates to recruitments. He affirmed the role of the
Civil Service Board and discussed the reasons to include new Police and Fire Assistant
Chief positions as non -represented employees. He noted that Police Chief Luman
provided an opinion on this topic which was attached to his handout. Project Manager
Standiford added that the City follows a Council/City Manager form of government and
that personnel authority is vested with the City Manager.
Human Resources Director Cassidy provided an overview of the City's Civil Service
System and its purpose when implemented. She reported that the System has not been
updated since 1958. She noted that, since that time, many of the protections the System
was intended to ensure have now been addressed through State and Federal law, case
law, Memorandums of Understandings (MOU), Standard Operating Procedures (SOP),
and meet and confer decisions. She stated that the City Manager is the appointing
authority for the City. She reported that the issues with the System were brought to
light due to the investigation by the Police Management Association (PMA).
In response to Chairwoman Bergeson's question, Human Resources Director Cassidy
indicated that the City has not conducted an analysis on whether consolidating any of
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Meeting Minutes
March 16, 2010
the policy documents would be feasible, especially since it has not been determined
whether Ordinance No. 866 will to be amended.
The Commission began to discuss the questions from the staff report as follows.
Analvsis of Issue and Alternatives
1 - Should the Charter be amended to eliminate the requirement there be a System within
the City?
Human Resources Director Cassidy reported that both the Civil Service Board and City
Manager recommended that the System not be eliminated.
2 - Should Ordinance No. 866 enacted in 1958 be replaced with an ordinance enacted by
the City Council thus allowing for updating the System on an ongoing basis without the
need for a voter initiative?
Chairwoman Bergeson suggesting changing "replaced" with "amended." Project
Manager Standiford noted that the Commission has the option to recommend either,
depending on the amount of changes being proposed. Should the recommendation be to
replace Ordinance 866, the City Council will have the opportunity to adopt a
replacement ordinance in advance of the November election so the voters have the
chance to consider the new ordinance before making a decision.
Commissioner Tucker discussed the duties of the Civil Service Board (CSB) and noted
that they agreed that some portions of the ordinance need changing, but did not want it
repealed in order for the employees not to lose any protections. He asked for
information about the specific protections that are at risk that are not covered
someplace else, like State or Federal law and the MOUS.
Mickey Dunlap, Civil Service Board (CSB), agreed that the ordinance needs to be
amended relative to recruitment and the Council/Manager form of government.
However, he indicated that the Board is concerned with the possibility that the City or a
future Council may repeal the ordinance. He pointed out that the white paper does not
include a staff recommendation but one was provided in the February 1 Civil Service
Board report.
City Manager Kiff pointed out that the Employee Policy Manual (EPM) discusses the
appeal process currently in Ordinance No. 866. He also confirmed that the bargaining
units are handled though MOUS and that amendments to the EPM are done through
the meet and confer process. Human Resources Director Cassidy noted that the current
appeals process for hiring decisions gives the same rights to applicants and candidates
as it does to employees. Board Member Dunlap agreed that the appeal provision
regarding candidates and applicants should be removed. He noted that the EPM is
important and approved by the CSB, but Council can amend it at any time. He
indicated that the CSB does not deal with the meet and confer process for the MOUS.
In response to Chairwoman Bergeson's question, Board Member Dunlap commended
staff on how they have dealt with internal issues and that the CSB has not seen many
appeals.
Debbie Allen, Civil Service Board, stated that she has not seen an analysis of what
Commissioner Tucker has been requesting and indicated that she would also like to see
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what protections are not already covered. She believed that a protection that is covered
by the EPM, an SPO, or CSB rule that can be easily changed is a different issue that
probably does not always need to go to a vote. She reported that Section 711 of the
Charter is written in generalities and that the ordinance is more specific, but should be
brought up to date. She noted that the CSB also has subpoena powers in Section 711.
In response to Commissioner Rhyne's question, Human Resources Director Cassidy
indicated that CSB decisions for non -civil service employees are advisory with appeal to
the City Manager, but is final in civil service employee decisions.
Commissioner Hill believed that there should be an attempt to reduce confusion and not
have the same rules in various locations. He suggested that rules and regulations be
removed from the Charter and be placed under Council purview, and that the important
elements in the ordinance that are important to the Civil Service System be placed in
the Charter. He noted that both documents currently require a vote, but believed that
only the important issues should require a vote. Commissioner Tucker agreed and
indicated that the change should be considered "amended and restated," not "repealed."
Chairwoman Bergeson believed that staff needs to provide input relative to the
consolidation, revision, and/or elimination of redundancies.
Commissioner O'Neil asked how much detail the Commission will be involved in writing
the ordinance and questioned whether the ordinance should continue to go before a vote
if the protections are covered by the Charter or law. Mayor Pro Tem Henn stated that
Council will want the Commission to weigh in on at least one version of the analysis in
order to ensure that the ordinance and Charter include what the Commission intended
qualitatively.
5 — Should the Charter be updated to create an Assistant/Deputy Department Head
position or positions for Police and Fire Departments that are outside of the System and
outside of organized bargaining units?
Deputy Chief Dave Mais, Fire Management Association (FMA) President, indicated that
the association needs more information about the at -large position, whether the person
will be hired through an outside recruitment, if the person will lose their job if they were
hired from within and did not work out, and if there are other alternatives.
In response to Commission questions, Deputy Chief Mais indicated that the Fire Chief
00 has spoken to him about department issues and Fire Employees Association (FEA)
issues; however, not FMA issues. He stated that, when he was Acting Fire Chief, he did
not participate in any FMA discussions and the Vice President of the association led the
association. He noted that, in Fire Department positions, people generally apply from
within the organization. City Manager Kiff noted that this position could also be a part
of someone's career growth, but does not necessarily have to come from within the
department. Human Resources Director Cassidy pointed out that the job description
has not been written.
Police Sergeant Mark Hamilton, Police Management Association (PMA) President,
indicated that the PMA has not reviewed Chief Luman's memorandum, but their
concerns are similar to that of the FMA. However, they would also like to know what
the function of the Assistant Police Chief will be, if one of the three Captain positions
will be eliminated, and whether the three year requirement for Police Chief be changed
to two years for the Assistant Police Chief position.
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Commissioner Luehrs emphasized that Council needs flexibility so that Charter issues
are not brought back to the voters frequently due to the Charter sections being too
specific.
3 — Should Ordinance No. 866 be amended?
Regarding the recruitment process, Civil Service Board Member Allen indicated that the
CSB has faith in the Human Resources Department, but the CSB allows employees a
public forum in the event they have a problem. She noted that two CSB members are
involved on the interview committee and suggested that the other three be the appellant
body.
Human Resources Director Cassidy reviewed the process for the selection of Police and
Fire Chiefs, but emphasized that the appointment is made by the City Manager. City
Manager Kiff questioned whether the process needs to be so specific, although it is
probable that he would follow it anyway.
Project Manager Standiford reported on how CSB's involvement with the recruitment
process could cause delays in the hiring process. She stated that there could be a
concern if the same board involved in the appointment and selection process may be
involved in hearing appeals for that selection process. She indicated that she is not sure
the Commission will be involved in this issue since it is not part of the Charter, but is
discussed in Ordinance No. 866.
City Manager Kiff indicated that, in light of CSB Member Allen's comments, he
requested the chance to review the issues further and bring back a recommendation to
the Commission. Human Resources Director Cassidy pointed out that the responsibility
for the entire recruitment process rests with the City Manager.
Without objection, Project Manager Standiford summarized that it was the consensus of
the Commission to direct staff to provide an analysis of the protections provided in
Ordinance No. 866 that are covered elsewhere and at what level the protection is
provided. Further, the City Manager will analyze the role of the Civil Service Board and
how to maintain the value of the CSB without unduly interfering with his authority as
City Manager.
Without objection, Commissioner O'Neil requested that this issue be discussed and a
decision be made on April 20 instead of April 6 since Commissioner Tucker, who has
been doing a great deal of research on the issue, will not be in attendance. Project
Manager Standiford indicated that the postponement should not jeopardize the schedule
or compromise Council's ability to make their decisions. Commissioner Rhyne indicated
that she will not be in attendance on May 4.
IV. COMMISSION WORK PLAN
Regarding questions posed by the Commission at previous meetings, Project Manager
Standiford reported that Administrative Services Director McCraner reported that the City is
authorized to collect a Library Tax, but has neither collected it nor anticipates collecting it. She
also reported that, based on a review of the language in Ordinance 866, it only takes a simple
majority of the voters to amend the Charter and amend or repeal Ordinance No. 866. However,
it would take a two-thirds vote to remove a position from the Civil Service System. She noted
that staff will adjust the Work Plan and provide the Commission with an updated version.
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Chairwoman Bergeson asked if it takes a simple majority to place an item on the ballot to
amend the Charter.
Commissioner Watkins noted that some of the Commissioners serve in various capacities with
the Chamber of Commerce and asked whether the Commissioners would need to recuse
themselves when discussing the issue of non-profit organizations requesting funding from the
City. Project Manager Standiford indicated that the matter is not germane specifically to the
Chamber of Commerce, although the issue was raised due to a letter from the Chamber of
Commerce. She stated that, at the next meeting, the Commission will be provided with a report
regarding the Special Events Advisory Committee, but the matter is whether the Charter
should be amended to encompass giving rights to non -profits, not specifically the Chamber of
Commerce, to apply for funding from the City. In that regard, she indicated that the
Commissioners do not have a conflict of interest.
V. PUBLIC COMMENTS — None
VI. ADJOURNMENT - Adjourned at 3:58 p.m. to Tuesday, April 6, 2010, at 2:00 p.m. in the
Friends Room at the Newport Beach Central Library, 1000 Avocado Avenue, Newport
Beach.
The agenda was posted on March 11, 2010, at 11:05 a.m. on the City Hall Bulletin Board
located outside of the City of Newport Beach Administration Building.
IrL
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Recording Secretary
Chairperson