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HomeMy WebLinkAbout03-29-1988 Minutes . City of San Bernardino, California March 29, 1988 This is the time and place set for an Adjourned Regu- lar Meeting of the Mayor and Common Council at the Regular Meeting held on March 7, 1988, in the Council Chambers of City Hall, 3100 North "D" Street, San Bernardino, Cali- fornia. The Adjourned Regular Meeting of the Mayor and Common Council, in the form of a joint meeting of the Mayor and Common Council and the Civil Service Board, was called to order by Mayor wilcox at 5:104 p.m., Tuesday, March 29, 1988, in the Management Information Center (MIC), Sixth Floor, City Hall, 31010 North "D" Street, San Bernardino, California. . ROLL CALL Roll Call was taken by the City Clerk with the fol- lowing being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Minor, Miller; City Attorney Penman, City Clerk Clark. Absent: Council Members Maudsley, Pope-Ludlam; City Administrator Schweitzer. Also present: Civil Service Board Members: Hector O'Campo, Warren Cocke, Maxine Kraft, Dolores Carter. SEPARATION OF DUTIES - DIRECTOR OF PERSONNEL - SECRETARY/CHIEF EXAMINER, CIVIL SERVICE BOARD Board Chairman Warren Cocke addressed the legal opin- ion dated February 23, 1988, prepared by Sr. Assistant City Attorney Dennis Barlow, and concurred in by City Attorney Penman, which states in part: . "The appointment of the Personnel Director as the Secretary of the Civil Service Board/Chief Examiner, does not, as a matter of law, deprive an appellant of a fair hearing before the Civil Service Board. The Civil Service Board has the authority to make a determination as to whether the positions of Chief Examiner and Secretary of the Board are incompatible employments with the position of Personnel Director for purposes of the application of Government Code section 1126. However, notwithstand- ing the provisions of San Bernardino Muni- cipal Code Section 2.104.10210, the two posi- tions are incompatible offices and may not be held by the same persons." 1 3/29/88 . City Attorney Penman explained the difference between the term "incompatibility of employment and incompati- bility of office". He stated that if the issue of having a combined Civil Service Chief Examiner and Personnel Director were only an incompatibility of employment, the duties could be changed to bring the position into compli- ance with the Charter. However, there is an incompati- bility of office which cannot be resolved without a vote of the people or a separation of the functions. Chairman Cocke asked questions regarding the City Attorney's relationship to the Civil Service Board under the Charter. Board Member Maxine Kraft presented a lengthy re- search report she had prepared and referred to an opinion from previous City Attorney, Ralph Prince, regarding Civil Service functions. Chairman Cocke pressed for a resolution of the issue so that the Board would not continue to operate outside the wording of the Charter and suggested that a measure be placed on the ballot for voter consideration. . COUNCIL MEMBER MAUDSLEY ARRIVED At 5:20 p.m., Council Member Maudsley arrived at the Council Meeting. The Council and the Board discussed the history of the merger and the functions of the Civil Service Board. City Attorney Penman presented the options to the Council: 1. Seek a Charter change; 2. Split the department in line with the functions set forth in the Charter and use a volunteer to serve as Chief Examiner or pay a salary for the position. The Board would appoint the Chief Examiner. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 5:30 p.m. Council Member Pope-Ludlam arrived at the Council Meeting. Board Member O'Campo pointed out that only five cities in California have the same system that San Bernar- dino has. . City Attorney Penman answered questions of Council Member Estrada concerning the City's liability exposure. 2 3/29/88 . Joy Reynolds, Personnel Department Secretary, stated that 70% of her time is spent on Civil Service functions, and that 10% to 30% of the Assistant Personnel Director's time is spent on Civil Service. Gordon Johnson, Personnel Director, addressed the issue and spoke regarding his ability to work in a Civil Service or Personnel Board situation. City Attorney Penman summarized the three main powers of the Civil Service Board as they are set forth in the City Charter. Dolores Carter, Civil Service Board Member, compared the Civil Service Board to the State Personnel Board. MAYOR WILCOX EXCUSED At 6:30 p.m., Mayor wilcox left the Council Meeting and Council Member Estrada assumed the duties of Mayor pro Tempore. . It was the concensus of the Council that a Charter change should not be sent to the voters. It was agreed that the Civil Service Board would meet to discuss the issue of separating the functions of Personnel and Civil Service, and present a recommendation to the Council Per- sonnel Committee. RECESS MEETING - CLOSED SESSION At 6:35 p.m., the Adjourned Regular Meeting of the Mayor and Common Council recessed to a Closed Session pursuant to Government Code Section 54957, to consider personnel matters. CLOSED SESSION At 6:35 p.m., the Closed Session was called to order by Mayor Pro Tempore Estrada in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: Mayor Wilcox; City Clerk Clark, City Administrator Schweitzer. . ADJOURN CLOSED SESSION At 6:53 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, Cali- fornia. 3 3/29/88 . RECONVENE MEETING At 6: 53 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman. Absent: City Clerk Clark; City Adminis- trator Schweitzer. ADJOURN MEETING At 6:53 p.m., the Adjourned Regular Meeting of the Mayor and Common Council adjourned to 9:00 a.m., Monday, April 4, 1988, in the Council Chambers of City Hall, 302 North "D" Street, San Bernardino, California. ~U47d/~~ /' City Cler . No. of Items: 2 No. of Hours: 2 . 4 3/29/88