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HomeMy WebLinkAbout19 - Amendment to Civil Service RulesNovember 23, 1998 Item No. 19 CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES DEPARTMENT Resource Management-Human Resources-Risk Management-Fiscal Services-M.I.S.-Revenue-Accounting REPORT DATE: November 23, 1998 TO: The Honorable Thomas C. Edwards and Members of the City Council FROM: Gail Olson, Human Resources Manager} SUBJ.: Amendment to Civil Service Rules Recommended Action: Approve suggested language for Civil Service Rules 501.2.3.1.c.2 and 501.2.3.1.d.2, allowing for the extension of promotional and open employment lists for an additional year. Background At the November 2, 1998 meeting of the Civil Service Board, the Board unanimously approved a modification to the Civil Service Rules pertaining to the extension of Police employment lists. This modification allows for the extension of the employment lists, both promotional and open, for an additional year upon recommendation of the Department Director and approval of the Civil Service Board. Discussion According to Municipal Code Section 2.24.050 (b) 'Rules and Regulations ", this modification to the Civil Service Rules must be approved by the City Council: "To recommend to the City Council, after approval by the City Attorney and after a public hearing thereon, the adoption, amendment, or repeal of rules and regulations to implement the provision of this chapter. After adoption by motion of the City Council, such rules and regulations shall have the force and effect of law." As discussed in the attached October 21, 1998 report submitted to the Civil Service Board at their November 2, 1998 meeting, the Fire & Marine Department currently has the ability to extend employment lists for an additional year. Approval of this amendment will assist the Police Department in their recruitment by providing them with the same flexibility. Conclusion For additional information, please refer to the attached information CITY OF NEWPORT BEACH HUMAN RESOURCES October 21, 1998 TO: Civil Service Board Members FROM: Gail Olson, Human Resources Manager SUBJECT: Amendment to Civil Service Rules RECOMMENDATION: Amend the Civil Service Rules as described in this report, to include the Police Department in the language of the Civil Service rules which allows the Civil Service Board to consider a recommendation to extend a promotional or new hire eligibility list for a maximum of one (1) year from the original date of expiration. Submit the amended rule(s) to the City Council for approval. Republish the current rules to reflect the changes and distribute copies to those affected. BACKGROUND: A recent inquiry from the Police Department has drawn our attention to the issue of whether or not the Civil Service Board currently had the authority to grant an extension of employment or promotional lists beyond one year. Based upon a review of the most current copy of the Civil Service Rules, it appeared that such an action had not been authorized. Further research on the topic revealed that in fact, on May 4, 1992, the Civil Service Board approved an amendment to their rules that allowed such extensions in the Fire Department only. The latter amendment was approved by the City Council at their May 26, 1992 meeting (copies of the documents are attached). Unfortunately, the changes were never made in published copies of the Civil Service Rules. As a result of turnover in Human Resources staff, there was no organizational recollection of the approved modification, except as recalled by the Fire Department. As you know, Departments and their employees who participate in promotional examinations, experience a significant organizational and emotional drain as a result of engaging in that process. Accordingly, there is for that reason alone, good cause to have the mechanism in place to at least allow the Board to consider extending eligibility lists in an effort to avoid the need to repeat the process in a narrow time frame. In many cases, a number of qualified employees may remain on a list who, given an unexpected vacancy, could be eligible for promotion. Without the Board's ability to consider an extension, affected employees may be faced with competing in another promotional every 12 months. Oftentimes, (assuming there are still a number of qualified choices on an eligible list), there are few meaningful changes in that relatively short time frame, given the fact a Department Director already has the ability to choose from the top three candidates. As such, it makes good public policy to allow the Civil Service Board as much latitude as reasonably possible, in an effort to weigh the merits of extending employment and promotional lists. Since we now know the current language in the approved (although unpublished) Rules allows the Board to approve extensions of Fire Department new hire and promotional lists, we are recommending inclusion of language affecting the Police Department as well. Once you consider and hopefully approve the recommendation, we will submit the final changes to the Council for ratification, and then republish your rules with the modifications. The following is suggested language (bold) for each of the affected sections of the Rules: 501.2.3.1.c.2 - A promotional employment list shall expire one year after the date of the employment list unless exhausted sooner by promotion or termination of all employees whose names appear on such a list or the list is vacated sooner by the Civil Service Board as provided herein. The list may be extended for an additional year on recommendation of the Department Director and approval of the Board. Candidates on the promotional employment list shall receive thirty (30) days advanced notice of the additional year extension. 501.2.3.1.d.2 — An open employment list shall expire one year after the date of the employment list or if the list is vacated sooner by the Civil Service Board as provided herein. The list may be extended for an additional year on recommendation of the Department Director and approval of the Board. Among the considerations for decisions affecting such extensions, is the length and quality of the list and the potential of a vacancy in the near future. A major consideration with regard to promotional employment lists is the impact on promotable employees who are not on the list and who may experience a delay in the opportunity to participate in a promotional recruitment if the current list is extended. An additional factor in the extension of both open and promotional employment lists, is the staff time involved in doing a comprehensive selection process, should the lists not be extended. The process for promotional recruitments also tends to be a temporary distraction for candidates who spend time and energy preparing to compete. In summary, you are being asked to consider amending your rules to allow you the opportunity, in the future, to officially consider a request from both the Fire & Marine Department and the Police Department to extend an open or a promotional employment list. We believe the recommendation made is consistent with good personnel practices and good public policy and urge you to support it. BY THE CITY COJ YID CITY OF NEWPORT 8 &'t i MAY 2 6 1992 i TO: Honorable FROM: Duane K. Munson I 1 IR)1 \ I:' , 06)1^ 1 1:, I \I May 26, 1992 f. - 5 - (b) Sansone and Members of the City Council SUBJ: Modification of Civil Service Rules Concerning Eligible Lists RECOMMENDATION: Approve the recommendation of the Civil Service Board, and modify the Civil Service Rules regarding Fire Department eligible lists making it possible for the Civil Service Board to extend the life of these eligible lists from one (l) year to two (2) years. BACKGROUND: At the May 4th meeting of the Civil Service Board, the Board unanimously approved a modification in the Civil Service Rules as they relate to the life of eligible lists. The modification still defines both "open employment lists" and "promotional lists" as one (1) year lists, but permits the Civil Service Board to extend the life of these lists by one (1) year) at the request of the Fire Chief. This change allows more flexibility for Fire Administration as it strives to properly staff the department. The Fire Department has very low employee turnover and the time and cost involved in promotional and recruitment testing could be cut in half by this change in the rules. Municipal Code provides for rule changes in Section 2.24.050 (b) "RULES AND REGULATIONS" to recommend to the City Council, after approval by the City Attorney and after a public hearing thereon, the adoption, amendment, or repeal of rules and regulations to implement the provisions of this Chapter. After adoption by motion of the City Council, shall have the force and effect of law." Duane K. Munson V Director of Personnel and Secretary to the Civil Service Board Robert Burnham City Attorney (6� Duration of Promotional Employment Lists Section 501.2.3.1.c.2. of the Civil Service Rules and Regulations regarding promotional employment lists currently states: C. Promotional Employment Lists 2. Expiration A promotional employment list shall expire one year after the the date of the employment list unless exhausted sooner `by promotion or termination of all employees whose names appear on such Iist or the list is vacated sooner by the Civil Service Board as provided herein. It is proposed that this rules be amended to state: C. Promotional Employment Lists 2. Expiration A promotional employment list shall remain in effect for one year from the date the list is certified by the Civil Service Board unless exhausted sooner by promotion or termination of all employees whose names appear on such list. a. A Fire Department list may be extended one additional year in duration by the Civil Service Board upon the recommendation of the Fire Chief. b. The list may be vacated sooner by the Civil Service Board upon the recommendation of the department head. Duration of Open Employment Lists Section 501.2.3.1.d.2. of the Civil Service Rules and Regulations regarding promotional employment lists currently states: C. Open Employment Lists 2. Expiration An open employment list shall expire one year after the the date of the employment list unless vacated sooner by by the Civil Service Board as provided herein. It is proposed that this rules be amended to state: C. Open Employment Lists 2. Expiration A open employment list shall remain in effect for one year from the date the list is certified by the Civil Service Board. a. A Fire Department list may be extended one additional year in duration by the Civil Service Board upon the recommendation of the Fire Chief. b. The list may be vacated sooner by the Civil Service Board upon the recommendation of the department head.