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C I T Y
o F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
JAMES F. PENMAN
City Attorney
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FROM:
JOHN F. WILSON
Sr. Deputy City Attorney
v-,:;, I ,..~,I i'LEASE
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DATE:
December 14, 1988
RE:
Item 23 of Coun0i1 Agenda for 12-19-88
Contract with TE.mporary EmplOYment Agency
* * * * * * * * * * * * * *
Pursuant to the above referenc'~d item, Public Buildings seeks to
hire temporary, skilled tradespeople. They are to perform the
renovation work currently taking place in the City Hall. The
employees are to be supplied by an emplOYment agency.
The employment of these perso~nel in this manner conflicts with
the requirements of the Charter.
Charter Section 251 state~ in pertinent part:
"The examiner shall approve examinations for
all positions in the classified service in
accordance with regulations of the Civil
Service Board, and shall maintain lists of
eligibles of each class of service of these
[sic] meeting the requirements of said
regulations. All positions in the classified
service shall be filled from such eligible
list. . ." [emphasis added]
"Classified Service" is defined in Charter Section 248.
section states in pertinent part:
That
" ( 2 ) The classified service shall comprise
all positions not specifically included in
this charter in the unclassified service."
2)
This is a very broad definition of classified. Not only does it
include existing classified positions, but it includes any
pos i t ion in the City which may hereafter be created. The
procedure cannot be violated:
The methods prescribed by Charter for the
making of appointments in the Civil Service
are mandatory and controlling'.
Campbell
Commission,
173 p.2d 58
v. Board of Civil Service
(1946) 76 Cal.App.2d 399, 404;
Rule 502 of the Civil Service Rules relates to the making of
temporary appointments. That section expressly provides that
appointments shall be made in the same manner as to permanent
positions.
The City currently has no policy for going to a private,
temporary agency to hire employees. Pursuant to the authority of
Campbell v. Board, supra, such contracts are beyond the authority
of anyone in the City to make and may therefore be subject to
attack.
"No power reposed in the city council, the
board of civil service commissioners. .to
adopt methods of appointments different from
those prescribed by the charter, nor could
the essentials of the charter requirements
have been dispensed with by ordinance."
Campbell v. Board, ~, id. 404
The Civil Service Board, with the approval of the Mayor and
Common Council, has the authority to adopt the appropriate
procedures pursuant to Charter Sections 250 and 251. However, no
such procedures are in place at this time.
A question arises as to the rights of the unions to be involved
in the establishment of any such procedure. That issue is not
addre sed in this memo.
Attorney
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