HomeMy WebLinkAbout10-13-2015 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, October 13, 2015
Place: EDA Board Room 201 N. E Street, San Bernardino, CA 92418
The City of San Bernardino recognizes its obligation to provide equal access to public services to those
individuals with disabilities. Please contact the City Clerk's Office (909) 384-5102) one working day prior to
the meeting for any requests for reasonable accommodation, to include interpreters.
Anyone who wishes to speak on a numbered agenda item will be required to fill out a speaker slip. Speaker
slips should be turned in to the City Clerk before the item is taken up by the Committee. The Clerk will relay
them to the Committee Chair person. Public comments for agenda items are limited to three minutes per
person, a total of 15 minutes per item, comments to be received from the public before discussion of the item
by Committee members.
ROLL CALL
PLEDGE OF ALLEGIANCE
CHAIR'S COMMENTS
PUBLIC COMMENT(LIMIT 30 MINUTES)
ACTION ITEMS(subject to time available with meeting scheduled to end by 7:30pm)
I. Approval of minutes from September 22, 2015 meeting (to be passed out at meeting)
2. Special Presentations
3. Procedural Matters
a. Review Timeline (attached)
b. Discuss plans for Public Forums
C. Consideration of Public Education Efforts (PMS suggested Op-Ed piece attached);
d. Consider manners of making committee deliberations more accessible to public.
e. Present & Review Preliminary Governmental Skeleton (attached)
4. Reconsider options for ensuring an odd number of voting members (changing number of wards,
adding an additional at-large councilperson, giving Mayor only tie braking vote)
5. Reconsider Skeleton topic IX concerning services, departments, boards, and officers(PMS Suggestions
attached)
6. Consideration of Police Dept. and Fire Dept. language for Charter (PMS analysis & Management
Partners Memorandum attached)
7. Consideration of Human Resources-Civil Service language for Charter (PMS analysis and
Management Partners Memorandum attached)
ADJOURN
Unless changed at the October 13th meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be S:00 p.m., Tuesday, October 27, 2015, in the EDA Board Room, 201 N. E. Street. Attendees
are encouraged to park on the top floor of the City Hall parking structure and access the EDA building from
there.
1
DRAFT
Charter Review Committee
Tuesday, September 22, 2015
Minutes
Committee Members Present: Phil Savage,Dennis Baxter, Gloria Harrison,Michael Craft, Gary
Walbourne,Tom Pierce,Vicki Lee (Arrived 6:05 p.m.)
Committee Members Absent: Casey Daily, Hillel Cohn
Staff/Committee Consultants Present: Cathy Standiford,Management Partners;Deputy City Attorney
Steven Graham,City Clerk Gigi Hanna
Chair Savage called the meeting to order at 5:02 p.m.
Public Speakers
There were four members of the public who spoke to the committee:
Shirley Harlan,who spopke about the need for public outreach and education on the Charter process
Kathy Mallon,who spoke about the need for transparency and consistency in the committee's minutes,
meeting posting and agendas and about committee perception in the community.
Jim Smith, who spoke about the committee presentation to council and encouraged several community
forums to build momentum for the Charter ballot campaign in 2016..
Valerie Lichtman, who spoke about the Library and how it should be addressed int eh CHarter
Minutes
A motion was made by Baxter, seconded by Walbourne to approve the Minutes of the September 15,
2015 meeting. The motion unanimously carried.
Action Items
The Committee voted to:
• Reconsider the matter of the number of council wards and the mayor's vote at the next meeting.
• Remove mention of the School District in the Charter
• Exclude the Parks and Recreation department specifically in the Charter, but explicitLy it in the
services provided in the Municipal Code.
• Include in the Charter Skeleton the wording: that the Charter shall require establishment of a
Library Board of Trustees with the powers and authority as designated by the City Council in the
Municipal Code.
• Begin establishing the dates for community forums before November 6 and at at east three
different locations.
Next Meeting Date and Time
The next meeting date of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m., Tuesday,
October 13, 2015.
The meeting adjourned at 7:42 p.m.
Respectfully submitted by
Gigi Hanna
City Clerk
Charter Committee Working Timeline—October 13, 2015
The purpose of this Timeline is to document the San Bernardino Charter Committee's progress and
capture additional tasks and activities that should be considered by the Committee in the future.
Meeting
Date Task or Activity Comments/Status
5/12/15 Developed Input Questionnaire (Survey) Complete
5/26 Receive Input from Survey Agreed to continue to receive input on survey
Request Council approval for Complete; professional assistance provided effective 7/7/15
professional input
Discuss plan to develop Timeline Draft was available, but was not discussed
Discuss plan to deal with Charter topics Draft was available, but was not discussed
6/9 Discuss approach to Charter Review Agreed upon approach, including focusing on Charter
skeleton before specific topic details
Received and reviewed information on Discussed
professional and public input
Approve plan for disseminating survey Complete
Review working timeline Complete. Timeline will be updated regularly as changes
occur
Consider form of Government for Preliminary Recommendation: Council—Manager Form of
Charter skeleton Government in Charter Skeleton
Discuss skeleton City Council structure Preliminary Recommendation: Maintain a Ward System
and powers Council representation for
Charter skeleton
6/23 Meeting Cancelled
7/7 Discuss professional advisors and scope Complete
of work
Introduce new participants to Charter Welcomed Committee Member Vicki Lee
Committee
Complete discussion of skeleton City Preliminary Recommendation: City Council powers should
Council structure and powers 1 be limited to legislative and policy making, not
administrative and operational
Discuss skeleton Mayor provisions Preliminary Recommendation: Mayor should be elected at-
large.
Powers,voting privileges and impacts on ward system
deferred to next meeting
7/14 Continue discussion of skeleton Mayor Preliminary Recommendation: Retain the current number
provisions of wards(7)
Preliminary Recommendation: Mayor should have no
administrative, appointment or removal powers except as
otherwise provided in the Charter
Deferred consideration of Mayor's voting rights until input is
received from the Mayor and Council members
Agreed to provide meeting summaries to Mayor and Council
following each Committee meeting.
Agreed to periodically provide progress reports to the
Mayor and Council at their regularly scheduled meetings
2
San Bernardino Charter Committee Timeline Page 2
Meeting
Date Task or Activity Comments/Status
Begin discussion of skeleton City Manager Preliminary Recommendation: Majority vote of all
provisions members of the Common Council and Mayor required
for appointment of City Manager
7/28 Continue discussion of City Manager Discussed. Recommendations deferred until August 11
Charter Skeleton Discussions meeting(to consider results from elected official
interviews)
Begin discussion of skeleton provisions for Discussion regarding City Attorney begun;
City Clerk, City Attorney, City Treasurer recommendations deferred until August 11
8/11 Review common themes from Elected Reviewed
Official Interviews
Review applicability of Operating Guidelines Discussion continued, but not completed.
for Good Governance to Charter Skeleton Preliminary recommendation that the Mayor have the
Complete discussion on Mayor, Council, same voting privileges as Common Council members.
City Manager interrelationship, roles and Preliminary recommendation that the roles of Mayor
authorities as reflected in the Operating Practices for Good
Government(OPGG) be incorporated into the Charter
r skeleton
Complete Charter skeleton discussion Presentations by City Treasurer Kennedy and Mayor
regarding City Attorney, City Clerk, City Davis
Treasurer
8/25 Complete discussion on Mayor, Council, Preliminary recommendations:
City Manager interrelationship, roles and • Reduce number of wards from 7 to 6
authorities • Incorporate recommended roles for City
Manager, Common Council and Mayor and
Common Council (combined)from OPGG into
the Charter skeleton
Complete Charter skeleton discussion Not discussed
regarding City Attorney, City Clerk, City
Treasurer
Charter Skeleton Discussion on Not discussed
Establishment of City Departments,
Commissions and Committees; City Officers
and Fiscal Management
Discuss plans for progress report to Mayor Confirmed scheduling for September 21 M/CC meeting
and Council on skeleton
9/8 Meeting Rescheduled to September 15
9/15 Charter skeleton discussion regarding City Preliminary recommendations:
Attorney, City Clerk, City Treasurer • Duly qualified City Attorney to be appointed by
Mayor and Common Council
• Incorporate OPGG language re: City Attorney
into the Charter Skeleton
• Duly qualified City Clerk to be appointed by
Mayor and Common Council
• Charter will contain no references to City
Treasurer
3
San Bernardino Charter Committee Timeline Page 3
Meeting
Date Task or Activity Comments/Status
Discuss Charter skeleton provisions related to Preliminary recommendation: Charter not
City departments and their establishment specifically mention departments except as
otherwise provided or delineated
9/15 Review and Discuss survey results Discussed
Finalize plans for progress report to Mayor and Discussed
Council on skeleton
9/21 Present Progress Report at Mayor Common Presented
Council Meeting
9/22 Discuss input from Mayor and Council from Discussed, no change in skeleton based on input
9/21 Progress Report presentation, modify from Mayor and Council at this time
skeleton as desired Discussion of whether to reconsider alternatives for
ensuring odd number of voting members—Deferred
to next meeting agenda
Discuss specific departments referenced in the Preliminary recommendations:
charter to determine whether language should . No reference to School Districts in Charter
be included in charter • Include reference to Library Board of
Trustees,with specific powers and authority
to be determined by the City Council
Discuss other department or agency language Discussion of whether services to be provided should
to include in charter be included in the Charter— Deferred to next
meeting agenda
Identify other topics to be covered by the Not discussed
Charter skeleton, i.e., elections,fiscal matters,
code of ethics, etc.
10/13 Discuss reconsideration of alternatives to
ensure odd number of voting members
Discuss whether to add language on services to
be provided without specifying departments
Discuss potential Police and Fire Department
skeleton provisions, if any
Discuss potential civil service/personnel
system skeleton provisions, if any
Review plans and content for upcoming public
forums
10/27 Discuss potential Water Department skeleton
provisions, if any.
Discuss skeleton provisions related to
elections, referendums and initiatives
Discuss skeleton provisions related to fiscal
matters, other potential topics
Review and discuss how charter issues would
be treated under general law
4
San Bernardino Charter Committee Timeline Page 4
Meeting
Date Task or Activity Comments/Status
10/28— Hold public forums to educate
11/6 public and obtain input on
preliminary skeleton
11/10 Begin work on specifics for each
skeleton topic
11/24 Continue work on specifics Thanksgiving Week—confirm meeting
12/8 Continue work on specifics
12/22 Continue work on specifics Christmas/Hanukah—confirm meeting
1/12 Complete work on specifics
Discuss public input forum on Tentatively schedule progress report for Feb 1
Charter specifics and/or progress
report to Mayor and Council
2/1 Present progress report at
Mayor/Common Council meeting
2/9 Incorporate comments from Mayor
and Common Council into charter
details
Discuss content and format for
Committee's report to Mayor and
Common Council
TBD Hold second round of public forums
2/23 Review and revise Charter Change
proposal
3/8 Review draft report to Mayor and Note: Report contents should contain summaries of each
Common Council; discuss Committee recommendation and rationale (for use during
presentation format education and outreach); White papers will be attachments to
the report
3/22 Finalize draft report to Mayor and
Common Council, presentation
format
4/4 Present recommendations to Mayor Recommend putting proposed charter to a vote of the citizens
and Common Council
4/18 Present recommendations to Mayor
and Common Council (alternative
date)
'Additional issues to be discussed include interrelationship between Mayor, City Council and City Manager;term
limits?
2Additional skeleton topics to consider(in no particular order): Departments, Commissions, Committees,Agencies
and Reporting Relationships; Preamble; Municipal Powers/Authority; Elections; Fiscal Administration (i.e., fiscal
year, budget submission,tax limits, public works contracts, claims, audit; Franchises; Code of Ethics; Initiatives,
Referendums and Recalls; Severability,Transition and Municipal Code Issues Resulting from Charter Revisions,
Charter Amendments; Charter violations
5
SAN BERNARDINO GOVERNMENTAL STRUCTURE PRELIMINARY SKELETON
(9/22/15)
L Council -Manager Form of Govt.
II. City Council
2.1 Based on a present 7 6 Ward System
2.2 The role of the Common Council is legislative in character, which includes the
power to set policy, approve contracts and agreements and undertake other obligations consistent
with the Charter and Code, while deferring to the discretion of management and staff to choose
the appropriate means to achieve the Council's goals.
2.3 The Common Council shall perform its duties and exercise its powers in a manner
that serves the best interests of the entire City, rather than any particular geographic area or
special interest.
III. Mayor
3.1 Elected from Citizens at-large
3.2 To have no administrative, appointment or removal powers except as otherwise
provided in Charter
3.3 The Mayor should have a full vote with the Council.
3.4 The Mayor will build consensus with the Common Council to create and
implement a shared vision and plan of implementation to restore the City's fiscal integrity.
3.5 The Mayor will establish and maintain partnerships and regional leadership roles
to advance the City's interest.
3.6 The Mayor will be the key"face" and chief spokesperson for the City.
3.7 The mayor will be the presiding officer at meetings of the Common Council and
will fully participate in discussions.
3.8 The Mayor will not interfere with the discretion of the City Manager in the
exercise of his powers and performance of his duties.
IV. Mayor and Council Interactions
4.1 The Mayor and Common Council will jointly develop clear expectations of the
City Manager and hold him or her accountable by conducting periodic performance evaluations.
4.2 The Mayor and Common Council will develop and implement norms (Code of
Conduct)to guide and direct their interactions and duties, including measures to hold one another
accountable for deviations from the goals and principles set forth in the City Charter and City
Code.
4.3 Neither the Mayor nor the Common Council will interfere with the judgement and
discretion of management staff with respect to the duties that are typically managerial in nature,
such as the appointment, removal, and supervision of subordinate staff.
4.4 Neither the Mayor nor the Common Council will direct departmental staff, other
than those in their own department.
6
V. City Manager
5.1 The City Manager will be the sole authority for managing City operations and
appointing and directing City staff, except as otherwise provided in the Charter
5.2 The City Manager will make business and policy recommendations based solely
on his or her independent professional judgement and best practices in the interests of the City,
rather than political considerations, and to this end shall strictly guard against interference with
the performance of his or her duties.
5.3 The City Manager will be accountable for the implementation of Council goals
and policy and the overall performance of the City.
5.4 The City Manager will be responsible for ensuring that the Common Council and
Mayor are fully informed on all aspects of important emerging issues, and as part of that
responsibility will fully brief the Common Council at their Council Meetings on business matters
before them.
VI. City Treasurer
6.1 The Charter should contain no language about a City Treasurer.
VII. City Clerk
7.1 A duly qualified person should be appointed as City Clerk by the Mayor and
Council.
VIII. City Attorney
8.1 A duly qualified person should be appointed as City Attorney by the Mayor and
Council.
8.2 The City Attorney will focus his/her attention and resources on the performance of
his/her duty as chief legal officer to rovide legal advice to the Mayor, Council and
City Manager, and the management of his/her office, and shall leave the
formulation of policy and managerial matters exclusively to those officials
charged by the Charter with those duties.
IX. Departments & Agencies in General
9.1 Specific City departments and agencies shall not be designated in the Charter,
except as otherwise provided in the Charter.9
9.2 Library- Charter should require a Library Board of Trustees with it's specific
powers and authority to be determined by the Council.
9Committee considered and decided Charter should not say anything about Schools or
Education. Nor about a Parks & Recreation Department or Commission, but it should say
that the City's Municipal Code will provide for parks & recreation.
7
PMS Suggested Language Re City Departments & Important Services
Concept:
A. The Model Charter and professional advisors recommend having no (or as few as
possible) department, boards, and officers specifically referred to in charters. This Committee
has adopted such a position as to Departments and Agencies. Recall also, that we have
discussed the Library Board (not "department") and Parks & Recreation Commission under our
"Department" discussions and have made a recommendation as to the Skeleton about them.
B. It is important to assure the voters that important services will continue under our
proposed new charter. Recall input received about library, parks & recreation.
C. Existing departments, commissions, board, committees, etc., should not be
undone by the proposed new charter unless and until our elected officials decide otherwise.
Recall input received about the Library Board and our Water Department, for example.
PMS Suggestion: The following language for the Skeleton encompasses the above concepts,
but is not intended to be the specific language for the new charter. It would replace the existing
skeleton provisions concerning this. Wordsmithing undoubtedly will be needed for the Charter
itself.
IX. Departments, Agencies, Boards, Commissions, Committees, Officers
9.1 Services - The Council shall assure that the citizens of San Bernardino have
available for them services for police, fire protection, parks, recreation, library, personnel, water,
sewer, garbage collection, planning and such others as the Council deems appropriate, and may
establish advisory or independent boards and/or commissions concerning them.
9.2 Specific Departments, Boards, Officers, etc. - Specific City departments,
agencies, boards, commissions, committees and officers shall not be designated in the Charter,
except as otherwise provided in the Charter.9 Those and the services they relate to which are in
existence as of the adoption of this Charter amendment shall continue as they have been unless
and until changed by the Council.
9.3 Library - Charter should require a Library Board of Trustees with it's specific
powers and authority to be determined by the Council.
9Committee considered and decided Charter should not say anything about Schools or
Education. Nor about a Parks & Recreation Department or Commission, but it should say
that the City's Municipal Code will provide for parks & recreation.
PMS ANALYSIS of SKELETON SAFETY DEPARTMENTS - revised
Descriptions of Skeleton Issues Related to this Topic:
A. What, if anything, should be in Charter concerning Police, Fire &/or EMT service,
B. Should Charter reference heads of department?
C. Should heads be subject only to selection, direction & removal by City Manager? Council? Mayor?
D. Should Charter reference specific Commissions or Boards concerning these services?
1. Input Received from the Public -NA
2. National Civic League Model City Charter & Guide -
A. Recommends not requiring any Departments or Agencies in the Charter. [4.01]
B&C. Recommends all be selected, supervised, and fired just by Manager [4.03]
3. Other Similarly sized California cities (SB is about 214,000) - Of the 17 cities reviewed below, (A)
6 have provisions in their charters concerning safety services depaexts, 1 just Police and 5 Police
and Fire; (B) Most supervised by Manager unless not appointed by him/her. Many differing
situations.
4 other cities of populations between 200,000 & 299,999 have charters. Of these, only
d. Stockton requires safety departments. (A) a Fire Department [1600] & Police Department
[1700]; (B&C) the Heads of both are appointed by the Manager[1201, 1602, 17021, but
apparently nothing concerning a Board or Commission.
4 cities of populations between 300,000 and have charters. (A,B&C)None of them have provisions in
them concerning police, fire, or paramedic services, except(D) Riverside provides for an advisory Policy
Review Commission appointed by the Mayor and Council and Bakersfield provides for a Civil Service
Board/Commission appointed by Council with some powers as to classifications &pay.
9 of the 16 cities of populations between 150,000 & 199,999 have charters. Five of them have provisions
concerning safety departments. (A) Some require officers and certain departments; (B) Most are supervised
by Manager except when not appointed by her/him.
h. Glendale-(A)creates fire&police departments [X.1]; (B&C)Manager head of them, [X.6]&appoints&
removes their heads(chiefs)subject to approval of Council [IVA].
i. Hayward-(A&B)Chiefs of Police and Fire required [800]; (C)appointed,removed& supervised by Manager
[801].
M. Pomona-(A&B)Chief of Police&Police Dept.required [701 &706]; (C)Manager appoints Chief of Police
subject to approval of Council [706(a)]. May not contract out police services. [706(b)]
n. Salinas-(A)Fire Dept. [53] &Police Dept. [54]required; (B)Appear to be appointed by Council [39&41].
o. Santa Rosa-(A&B)Chief of Police&Chief of Fire Dept [16]; (C)Both appointed,removed& supervised by
Manager[18(b)].
4. San Bernardino's Carter Reform Principles & Objectives (5/19/14)
(A&B) 1. - Remove excess limitations - give manager& Council flexibility to make decisions.
2. - Enable city to operate in an efficient, businesslike manner.
5. San Bernardino's Strategic Plan & Good Government Operating Practices - City Departments
not a major focus here, other than having a form of governance designed to meet present and future
issues in a flexible, businesslike manner.
6. Other Issues Relevant to the Topic -N °tha4 Fm ,,..a fe 4. I am told that the City has
negotiated an agreement with the Police Union to follow the salary computation provisions of
Section 186 of existing Charter for the next S years.
9
7. San Bernardino's Current Charter
(A&B) Fire [40(f) & Art. X] and Police [40(g) &Art. X] discussed in some detail [186], but
required??; (C) Appointed by Mayor, subject to council approval[511, and supervised by Mayor [52];
Are under general supervision of Mayor with the Manager their immediate supervisor 180;
Manager also responsible for their depts.? [100].
8. Charter vs Code Filter
a. It seems not essential or constitutional that Police or Fire Departments be required in Charter,
except as may be subsequently determined when discussed later.
b. Mandating these departments in our Charter does not seem to move our City toward what we
aspire it to be.
9. General Law
a. General Law(A)required no Departments, but provides for a chief of police & a fire chief
[36501]; (B) allows for manager to appoint& dismiss chief of police [34856].
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts:
(A) Require City to provide for Police & Fire services, but allow for contracting out for these
services.
(B) To any extent that these services are provided by the city, department heads (Chiefs)to be
appointed, removed, and supervised by Manager.
10
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Summary of Interviews with Department Directors—Police, Fire, and Library
Date: October 13, 2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." On September 15 the Committee approved a preliminary recommendation that"no
departments be specifically mentioned in the Charter except as otherwise provided or
delineated." In other words, the preference is to avoid mentioning specific departments (or in
some cases commissions) in the Charter unless there is a compelling reason to do so. The
Committee will begin reviewing each of the departments currently referenced in the charter to
determine whether such compelling reasons exist.
In anticipation of the Committee's discussions, Management Partners has conducted interviews
with the potentially affected department directors and the City Manager. (Note: Most of the
City Manager's comments were focused on the Water, Civil Service and Library departments.)
This memorandum summarizes the results of the interviews that were completed on or before
September 17, the agenda deadline for the Committee's September 22 meeting. Committee
members may wish to consider this information in developing specific recommendations.
An interview with the Civil Service Chief Examiner was completed. However, on Tuesday,
September 22 the Civil Service Board will be discussing recommendations for the Charter
Review Committee. Management Partners is scheduled to meet with the Chair of the Civil
Service Board following that meeting to receive the Board's recommendations. A verbal report
regarding the Civil Service Board's comments and recommendations will be provided to the
Charter Committee at its meeting that evening.
An interview with the Water Department general manager also was completed. However, the
complexity of issues regarding the City's Water Department will require additional time to
research. A separate memorandum will be prepared summarizing the results of this research as
well as relevant interviews in time for the Committee's October 13, 2015 meeting. The Water
Department General Manager has expressed a desire to attend the Charter Committee's October
13 meeting to provide additional input.
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAX 513 8613480 MANAGEMENTPARTNERS.COM 11
2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191
3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 2221082 • FAx 408 453 6191
Summary of Interviews with Department Directors Page 2
Police and Fire Departments
Article X of the Charter contains provisions regarding the Police and Fire Departments. These
provisions include establishing the Mayor as the "general supervisor' and the City Manager as
the "immediate supervisor" for the Police and Fire Chiefs. The City Manager has financial
authority over both departments as well as their"the organization, government and discipline."
Article X of the Charter also includes definitions regarding "membership" in the Police and Fire
Departments and identifies duties for the Police and Fire Chiefs. Section 186 prescribes the
standard for"fixing salaries, classifications and working conditions" of Police and Fire
Department employees. As has been pointed out in the City's Bankruptcy Plan of Adjustment,
establishing salary provisions in a charter document is virtually unheard of.
Interview Results
The following are common themes from interviews with the Police Chief and Fire Chief.
• Current charter provisions do not significantly impact daily operations for either
department.
• The charter provisions having an impact on public safety departments relate to civil
service, personnel and/or employee compensation.
• Civil Service requirements in the charter related to recruitment,testing and selection can
be cumbersome, particularly when a large number of vacant positions need to be filled.
The recruitment process can be disjointed because a portion is under the direction of the
Civil Service Department and a portion is controlled by the Human Resources
Department.
• Civil Service provisions related to disciplinary appeals are perceived to lengthen the
disciplinary process.
• Section 186 is sometimes used by employees to challenge disciplinary actions(e.g.,
demotions).
• Section 186 also specifies the positions the each department shall have. This is not of
concern in the Fire Department,because the identified positions are consistent with
those commonly found in the professional fire service. The positions defined in Section
186,however,have limited the Police Department's ability to make operational changes
consistent with best practices that would improve efficiency, such as civilianizing certain
positions.
• The dual reporting relationships with the Mayor and City Manager are manageable but
can be awkward. Both chiefs would prefer to be appointed and supervised by the City
Manager, particularly since the City Manager has direct authority over their
departmental budgets.
• The City's municipal code would be a better place to handle specific provisions for the
Police and Fire Departments, if necessary. (Note: Language regarding the
establishment of the Fire and Police departments is already found in SBMC Sections 2.12
and 2.81, respectively.)
• There may be less resistance to excluding Section 186 from a substantially revised
charter than there has been in the past.
1
Summary of Interviews with Department Directors Page 3
• The provisions of Section 186 have now been included in the new memorandum
of understanding with the Police Officers' Association. The new agreement
preserves those provisions for the next five years.
• Recent Common Council action to contract with San Bernardino County for fire
and emergency medical services would make Section 186 irrelevant for fire
employees.
• Public safety employees are beginning to recognize that Section 186 may be less
helpful in driving compensation than market forces, and that it is in the City's
best interest to provide fair and reasonable compensation.
During the interviews the Chiefs were asked if there are particular recommendations the
Charter Committee makes. In addition to addressing the issues cited above,they offered the
following suggestions.
• Create a completely new, streamlined charter reflecting modern-day practices.
• Ensure the charter supports a stronger,more effective governance structure, led by a
strong city manager.
• Ensure the charter provides maximum flexibility to make organizational and operational
changes to respond to community needs.
• Eliminate the provision requiring the Common Council to approve every individual
hire,promotion or salary.
Additional Considerations
A review of 17 peer agency charters found only four contain sections specifically related to
public safety departments. They are Stockton, Glendale,Pomona (Police only) and Salinas. The
remaining 13 agencies have placed provisions concerning the police and fire departments in the
municipal code. As has been previously reported, all of the peer agencies authorize the City
Manager to appoint the Police Chief and Fire Chief, although Chula Vista and Santa Ana also
require confirmation by the City Council. In all 17 cities the chiefs report directly to the City
Manager,not an elected official.
Most,if not all of the provisions currently found in Article X of the San Bernardino charter are
more commonly found in either a municipal code (i.e., duties of the chief) or in a negotiated
agreement with labor associations (i.e., all of Section 186).
Library
Article XII of the Charter establishes the Free Public Library,managed by a five-member Board
of Trustees appointed by the Mayor and approved by the Common Council. The Trustees
receive no compensation. Section 207 requires a minimum annual tax levy of$2,000 to maintain
the Library and to purchase books,journals and periodicals, which is grossly insufficient to
operate a modern-era library system. The Charter gives the Library Board the authority to hire
the City's Librarian and set the salaries for the Library's employees. The Board also has
administrative and policy-making powers,including the ability to enforce the Library's rules
and regulations.
Summary of Interviews with Department Directors Page 4
Interview Results
Management Partners interviewed the Library Director to obtain his perspective on the Charter
and its implications for the Library. The following are the themes from that interview.
• The charter provisions have some impact on the operation of the Library by vesting
administrative and policy-making authority with the Board. This has allowed the Board
to operate the Library as effectively as possible, despite significantly constrained
resources. The City has the ultimate control over the Library's budget,not the Board.
• Having a somewhat independent Board with administrative and governance authority
is perceived to be beneficial.
• The Board obtains input from the public on community needs and consequently
is effective in representing community interests,particularly when changes to the
Library are being contemplated by the City's elected and appointed leadership.
A perception exists that the Library would have been completely closed during
the economic downturn were it not for the intervention and advocacy of the
Board of Trustees.
• The Board is essential for addressing patron misbehavior because it has the
authority to ban patrons from the facilities if they do not follow established rules
and regulations. The Board also functions as an appeal body if patrons disagree
with a policy or how a policy or rule is being carried by the Library staff.
• The Library Director would prefer to maintain the existing reporting relationship with
the Board of Trustees, although he has a good relationship with City management. The
Director stated it is beneficial to have performance feedback from multiple people rather
than a single supervisor.
• The language regarding Library funding in the charter is archaic and should not be
retained. In particular,the Charter should be silent on funding for the Library.
• The Library relies upon the City's internal support functions, such as Human Resources,
Finance and purchasing. It does not have its own internal support functions or staff.
• Referencing the Board of Trustees in the municipal code instead of the charter itself may
be acceptable, as long as the roles,responsibilities and authorities of the Board remain
the same. The Library Director does not support eliminating the Board of Trustees or
converting it to an advisory body.
• It would be acceptable to have the Board of Trustees appointed by the Mayor and
Common Council as a whole(instead of appointment by the Mayor and confirmation by
the Council),following the same application process that is currently used.
• Less is more. The new charter should be streamlined and modernized to provide
flexibility for the efficient operation of the Library.
Additional Considerations
None of the peer agencies specifically reference library services in their charter,except for
Riverside. Section 808 of the Riverside Charter establishes the Library Board of Trustees with
powers and authorities similar to the San Bernardino Library Board of Trustees. Where
references to libraries exist, they are found in the municipal code. Some peer agencies do not
1,:
Summary of Interviews with Department Directors Page 5
operate their own libraries,but instead receive services through a county library system. Table
1 below provides a profile of library services and their governance for the 17 peer agencies.
Table 1. Summary of Peer Agency Library Services
City- Library
Operated Commission/
Population Library Board Comments
200,000 to 299,000
Chula Vista Yes Yes Appointed by City Council.Advisory only. Library Director
reports to City Manager,serves as technical advisor to the
Library Board of Trustees
Irvine No Not Services provided by Orange County Library
applicable
Modesto No Not Services provided by Stanislaus County Library
applicable
Stockton No No Library services provided by Stockton-San Joaquin County
Library System, a joint partnership between the City and
San Joaquin County. Serves Stockton,eight other cities,
and the county unincorporated areas
300,000 to 399,000
Anaheim Yes Yes Appointed by City Council.Advisory only. Library Director
reports to City Manager,serves as technical advisor to the
Library Board of Trustees
Bakersfield No Not Services provided by Kern County Library
applicable
Riverside Yes Yes Board of Trustees has powers similar to San Bernardino,
including enforcement of Library rules,and
.appointment/removal of Library Director. Director reports
to the Board, not the City Manager
Santa Ana Yes No Library is a Division of the Parks, Recreation and
Community Services(PRCS) Department. Library director
reports to PRCS Director.
150,000 to 199,000
Glendale Yes No Library Director reports to City Manager
Hayward Yes Yes Appointed by City Council.Advisory only. Library Director
reports to City Manager,serves as technical advisor to the
Library Board of Trustees
Lancaster No Not Services provided by Los Angeles County Library
applicable
Oceanside Yes Yes Board of Trustees appointed by Mayor with confirmation
by City Council. Has advisory and enforcement powers
Palmdale Yes Yes Board of Trustees appointed by Mayor with confirmation
by City Council. Has advisory and enforcement powers.
City has contracted operations to a private vendor(LSSI).
15
1
Summary of Interviews with Department Directors Page 6
Operated City- Library
Population Library Board Comments
Pomona Yes Yes Board of Trustees is advisory with appeal authority to
"resolve citizen/library issues." All but one Library staff
member was eliminated in FY 2012-13 due to budgetary
constraints.After a two-week closure,the Library is now
open only 30 hours per week
Salinas Yes Yes Appointed by City Council.Advisory only. Library Director
reports to City Manager,serves as technical advisor to the
Library Board of Trustees
Santa Rosa No Not Services provided by Sonoma County Library
applicable
Torrance Yes No Library is a division of the Community Services
Department. Library Manager reports to the Community
Services Director
Total 11 8
Source: Peer Agency websites and municipal codes
Table 1 shows that of the 11 peer agencies operating a City library, only 8 have a Library
Commission or Board of Trustees. Of those 8 agencies, four of the Library Boards or
Commissions (Riverside, Oceanside, Pomona and Palmdale)have authority to enforce library
rules and regulations and/or hear appeals. Only two of the Library Boards (Oceanside and
Riverside)have authority to hire or remove the Library Director. The Library Director reports
to the City Manager in eight of the peer agencies. A private vendor provides a Library Director
for Palmdale. Management Partners was unable to confirm the reporting relationship between
the library services vendor in Palmdale and the Palmdale Library Board of Trustees.
Conclusion
Based on the review of comparable peer agencies and best practices, the basic structure of the
San Bernardino charter should not include reference to the Police, Fire or Library departments.
Instead, provisions for these departments, if necessary, should be incorporated into the San
Bernardino Municipal Code by an ordinance adopted by the Common Council. While there
may be a benefit to having the Library Board of Trustees function as an appeal body with the
power of enforcement, such provisions need not be specified in the Charter.
16
PMS ANALYSIS of SKELETON CIVIL SERVICES BOARD &/or HR DEPARTMENT -2"d-
revision
Descriptions of Skeleton Issues Related to this Topic:
A. Should there be anything in the Charter concerning a Civil Services or HR Department?
B. Should it have a Board responsible for its operations separate from the Council &/or Manager?
C. If so, should it's Board be -
a. appointed by the Mayor and Council?
b. appointed by the Manager?
C. appointed by the Manager subject to Council approval?
2. National Civic League Model City Charter& Guide -
A. Recommends not requiring any Departments or Agencies in the Charter. [4.01]
B. Recommends all be selected, supervised, and fired just by Manager [4.03]
3. Other Similarly sized California cities (SB is about 214,000) -As to the charters of the 17 similarly
sized California cities 9 10 have some language concerning personnel/human relations/civil service: Chula
Vista contains civil service provisions [700-707], establishes a Civil Service Commission [609-610],
appointed by Council [609]; Modesto establishes an advisory Human Relations Commission [1111]
appointed by Council-[1102]; Stockton contains civil service provisions [2500-2520], with a civil service
Commission appointed by Council [2502];Anaheim establishes a Personnel System without details[10001,
Riverside requires Council to establish a merit system for appointive officers and employees [900] and an
advisory human resources Board [807] appointed by the Mayor and Council [802]); Bakersfield-establishes
civil service for its fire dept[183-1911,police department[221-2281 and miscellaneous departments
[208-217(a)] °efie°rs :e, employees r2n4, with its their Boards appointed by Council [209] and one for
police officers appointed by Council [221]; Santa Ana establishes a civil service system [1000-1015] and has
a personnel Board appointed by Council [911-912]; Glendale-creates a civil service commission appointed by
the Council [XXIV] (It appears that their operations are not subject to supervision of the Manager.); Hayward
establishes a Personnel Board with powers to hear classified service appeals, otherwise advisory to Council
[907], established by Council [902]; Santa Rosa requires Council to adopt rules ®ulations for personnel
relations, etc. [50]; and Torrance establishes a civil service system which references a civil service
commission [1300-1320].
6. Other Issues Relevant to the Topic- Collective bargaining may have eliminated the need for Civil
Service Commissions. I believe San Bernardino has a Human Resources Department(not required by it's
Charter) which should be able to take care of any continuing needed civil service functions.
7. San Bernardino's Current Charter
(A&C)A Civil Services Commission is provided for appointed by the Mayor with the approval of the
Council [246]. The Manager is not responsible for the Civil Service System [100].
8. Charter vs Code Filter
a. It seems not essential or constitutional that Civil Service provisions be in Charter.
9. General Law
a. I believe General Law(A)requires no Civil Service provisions, and does not provides for a
Civil Service Commission, but would allow Council to establish is if needed.
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts: I see no need for San Bernardino to continue to need a Civil Service Commission or
for providing for one in our proposed new charter.
17
Management -
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford,Partner
Subject: Civil Service Boards and Systems
Date: October 13, 2015
The Charter Committee is considering elements that should be included in the Charter
"skeleton." On September 15 the Committee approved a preliminary recommendation that,
"no departments be specifically mentioned in the Charter except as otherwise provided or
delineated." In other words, the preference is to avoid mentioning specific departments(or in
some cases commissions) in the Charter unless there is a compelling reason to do so. The
Committee will begin reviewing each of the departments currently referenced in the Charter to
determine whether such compelling reasons exist.
In anticipation of the Committee's discussions, Management Partners has conducted interviews
with the potentially affected department directors and the city manager. An interview with the
Civil Service chief examiner was conducted on Tuesday, September 15. On September 22 the
Civil Service Board received an update on the Charter Committee's progress and discussed
recommendations it would like to provide to the Committee. Management Partners also met
with the Board chair following the meeting. The purpose of this memorandum is to summarize
the input received as well as additional information on civil service systems and boards
Committee members may wish to consider in developing specific recommendations.
Interview Results
The following are common themes from input provided by the Civil Service Board, the Board
chair and the chief examiner.
• There are strong feelings that references to the Civil Service Board should be included in
the Charter to preserve independent authority,particularly for personnel matters
involving discipline or reductions in force.
• The Board is concerned that ordinances may be changed by a majority vote of the
Common Council. The Charter provides better protection against tampering with the
principles and regulations of the Civil Service system by either the Common Council or
the city manager.
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 18
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Civil Service Boards and Systems Page 2
• The Board considers its role to be serving and representing, "the heart of the
community"by protecting against cronyism in hiring and promotion practices. The
Board strives to ensure a, "fair and level playing field" for both the City's employees
and management/administration.
• It is important for the Board to appoint the chief examiner directly and for the chief
examiner to continue to report to the Board. This ensures both the examiner and Board
are able to carry out their duties independently and without undue influence. The
Board expressed particular concerns about the potential for city manager influence.
• Over the last six years, the degree of collaboration between the Civil Service staff and the
Human Resources(HR)Department has increased. Roles and responsibilities have been
clarified to reduce redundancies, although it is acknowledged that further streamlining
of the recruitment, testing, and selection process is possible.
• The Board's most important role is to hear and decide appeals regarding employee
discipline, (e.g., demotions, suspensions,withholding of pay, and termination). Without
the Board there would be no fair,neutral party within the City government to ensure a
fair and impartial hearing of such appeals.
• There is some willingness to transfer recruitment, testing and selection functions related
to the Human Resources Department for the sake of improved efficiency and customer
service. The Board and chief examiner recognize that many of their functions are often
performed by an HR department. However, the authority to serve as a quasi-judicial
body over disciplinary-related appeals should remain a function of the Civil Service
Board.
• There is support for the wholesale replacement of the Charter as long as it contains the
establishment of a Civil Service or Personnel Board to hear disciplinary matters and
provide guidance on reductions in force (i.e., seniority and bumping rights).
• The new Charter should be broader and less specific using the simplest language
possible.
Comparison with Peer Agencies
"Civil service" and "civil service system" are somewhat antiquated terms that pre-date the
advent of collective bargaining practices. They reflect the desire to ensure government
employees are appointed and promoted based on qualifications and professional merit as
proven by a competitive testing process. The goal is to avoid or prevent unfair hiring practices
such as cronyism or nepotism. Today,many cities use the term"personnel system" instead of
"civil service system."
Management Partners reviewed 17 peer agency charters to identify references to either civil
service or personnel systems. We also looked for instances of an established civil service or
personnel board and identified whether the establishment was handled in the city's charter or
municipal code. Finally,we examined the duties and powers of civil service or personnel
boards of the nine agencies where they exist. The following tables summarize the results of this
research. A table providing the details for each peer agency is provided as an attachment.
19
ANIFF-
1 Civil Service Boards and Systems Page 3
Table 1 shows that 11 of the 17 agencies make some reference to a civil service or personnel
system in the charter. However, in two cases (Anaheim and Riverside) the provision merely
states that such a system will be established by the City Council by ordinance. It shows nine
agencies have a civil service or personnel board. Of these, eight are established by charter and
one is established in the municipal code.
1 Table 1. Summary of Civil Service or Personnel System Charter References
Civil
Service or
Personnel Civil
System Service or
Referenced Personnel
6 E tion in Charter Board
200,000 to 299,000 3 3 Irvine's personnel system is defined and described in the City's
(Chula vista, Irvine, municipal code. There is no civil service or personnel board;the
Modesto,Stockton) Irvine assistant city manager is designated as the"personnel
l officer."Chula Vista,Stockton and Modesto reference a civil
service system and a civil service board in their charters.
300,000 to 399,000 Anaheim and Riverside charter references authorize the City
(Anaheim, Council to establish a personnel system by ordinance. However,
Bakersfield,Riverside, neither has a civil service/personnel board. Santa Ana and
Santa Ana) Bakersfield reference both a civil service system and a civil
4 2* service board in their charters.
l 150,000 to 199,000 Glendale, Hayward,Torrance and Santa Rosa reference a civil
service system in the charter. Glendale, Hayward,and Torrance
charters also establish a civil service/personnel board.Santa
Rosa's personnel board is established by the municipal code.
There is no reference to either a civil service/personnel system i
or board in the charters for Lancaster,Oceanside, Palmdale,
4 4 Pomona, or Salinas.
TOTAL 11 9
Source: Peer agency charters,websites and municipal codes
The Bakersfield charter establishes three civil service boards:one for fire,one for police and one for miscellaneous employees.
They have been counted as one board in Table 1 for consistency.
Table 2 summarizes the appointment of civil service or personnel boards and any staff members
designated to support the board's activities.
Table 2. Appointment of Civil Service or Personnel Boards and Staff
Appointment Staff
by
Population Council by Board
200,000 to 299,000 3 1 Stockton's Board has independent authority to appoint the
Chief Examiner.
300,000 to 399,000 2 0 Neither the Bakersfield nor Santa Ana boards have
independent authority to appoint staff.
20
Civil Service Boards and Systems Page 4
Appointment
by City Appointed
Population Council by Board Comments
150,000 to 199,000 4 1 Torrance's Board has authority to appoint its executive officer.
The Santa Rosa Personnel Board consists of five members
appointed by the City Council. Of these,three are city
residents and two are labor representatives selected from
names submitted by the city's employee associations.
TOTAL 9 2
Source: Peer agency charters, websites and municipal codes
Table 2 shows that all nine civil service/personnel boards, whether established by charter or
municipal code, are appointed by the City Council as a whole. Only two of these boards have
the authority to appoint their own staff.
Table 3 summarizes the powers of established civil service/personnel boards. A common
function of these boards is to serve as a hearing body for appeals of disciplinary actions.
"Advisory powers" means the board makes recommendations to either the city council or the
city manager, but cannot make the final decision. "Quasi-judicial" means the board has the
independent authority to reach decisions on disciplinary matters such as demotions,
suspensions and terminations. Table 3 shows a fairly even split between the number of
advisory and quasi-judicial civil service/personnel boards. Three of the boards with advisory
powers make recommendations to the city manager,not the City Council.
Table 3. Powers of Peer Agency Civil Service or Personnel Boards
Quasi-
Advisory judicial
Population Powers Powers
200,000 to 299,000 2 1 Chula Vista's Board makes recommendations to the city
council.The Modesto Board makes recommendations to the
city manager.*Stockton's board has independent powers
comparable to the San Bernardino Civil Service Board.
300,000 to 399,000 2 Bakersfield and Santa Ana boards have independent decision
authority.
150,000 to 199,000 3 1 Only Glendale's board has independent authority. Hayward's
and Santa Rosa's boards are advisory to the city manager.
Torrance's board is advisory to the city council.
TOTAL 5 4
Source:Peer agency websites,charters and municipal codes
*The Modesto Board of Personnel Appeals is primarily responsible for selecting a hearing officer,not conducting hearings itself.
Hearing officer findings and recommendations are made to the city manager.
21
Civil Service Boards and Systems Page 5
Conclusion
The following conclusions can be made from the interviews and peer agency research.
• San Bernardino's Civil Service Board has a broader role in the recruitment, testing and
selection process than those of comparable peer agencies. It is more common for civil
service/personnel boards to function as advisory hearing bodies for employee
disciplinary appeals.
• Most peer agencies make reference to a civil service or personnel system in their charter
documents. In some cases the reference merely authorizes the city council to establish
such a system. Older charters such as San Bernardino's tend to provide more specific
details regarding the civil service requirements and processes than those for younger
cities.
• Members of most civil service or personnel boards are appointed by the city council as a
whole. This is in contrast to San Bernardino's Civil Service Board,which is appointed
by the Mayor and confirmed by the Common Council. Most boards are comprised of
residents who are selected at large. Only Santa Rosa's Personnel Board has a mix of
residents and labor representatives.
• It is common for civil service or personnel boards to have the power to conduct
investigations,issue subpoenas, and function as an appeals hearing body. However, the
disciplinary recommendations of five of nine peer agency boards are advisory, to either
the city manager or city council.
• Most civil service or personnel boards receive staff support from the Human Resources
or a Personnel Department. Few have the independent authority to hire or remove their
own staff.
2
Civil Service Boards and Systems Page 6
Attachment— Civil Service Provisions by Peer Agency
Table 4 contains more specific information about civil service boards and systems for each of the
17 peer agencies.
Table 4. Summary of Peer Agency Civil Service Provisions—Charter and Municipal Code
Board Civil Service
or Personnel
System Civil Service
Described in or Personnel
Peer Agency Charter
Papulation:200,000 to 299,000
Chula Vista Yes Yes Appointed by City Council with the power to conduct
investigations, hear appeals, and recommend adoption,
modification or repeal of civil service rules and regulations.
(Article VI,Sections 609-610)Additional details regarding
Civil Service commission provided in CVMC Chapter 2.43.
Irvine No No Personnel system defined and described in city's municipal
code. Assistant city manager is designated as the
Personnel Officer,with many of the same duties as a Civil
Service Board.
Modesto Yes Yes Article XII of the Modesto Charter, "Personnel System"
contains elements comparable to a civil service system
such as appointments and promotions made based on
merit and fitness,the establishment of eligibility lists, and
the establishment of unclassified and classified service.
Board of Personnel Appeals is authorized to select a
hearing officer for appeals. Findings of hearing officer are
made to city manager,who makes the final determination
(Article XII,Section 1205). Charter also includes provisions
for impartial arbitration for police and fire employee
disputes(Section 1206)
Stockton Yes Yes Comprehensive details of Civil Service system and Civil
Service Commission found in Article XXV. Similar to San
Bernardino, including chief examiner position,appointed
by the Commission.Same testing,selection, hearing,and
investigation powers as San Bernardino Civil Service
Commission. `
Population:300,000 to 399,000
Anaheim Yes No Article X of the charter authorizes the City Council to 1
establish a personnel system by ordinance to include
elements comparable to a civil service system, but there
are no details about the system. Section 1050 is a policy i
statement for impartial arbitration for personnel disputes
E involving firefighters
23
Civil Service Boards and Systems Page 7
Civil Service
or Personnel
System Civil Service
Described in or Personnel
Peer Agency Charter Board Comments
Bakersfield Yes Yes-3 Charter Addendums 1, 2 and 3 set forth civil service
different Civil provisions for fire, miscellaneous and police employees,
Service respectively. There are three Civil Service Boards(one for
Commissions each unit), appointed by City Council. All three have
ultimate authority to establish regulations governing the
selection, promotion and discipline of the member of each
defined employee unit(i.e., not the City Council). Also
serves as disciplinary appeal body.
Riverside Yes No Article IX of the charter states the City Council shall
establish a personnel merit system by ordinance.
Santa Ana Yes Yes Article IX,Section 900 establishes a Personnel Board with
appointment by the City Council.The Board has authority
to hear disciplinary appeals, conduct studies and
investigations,and conduct hearings on proposed
amendments or repeal of civil service rules(Section 912).
Article X defines the civil service system,as well as
positions excepted from it.
Population:150,000 to 199,000
Glendale Yes Yes Article XXIV establishes Civil Service system, including
Commission appointed by the City Council. Duties include
establishing civil service rules and policies and serving as a
quasi-judicial hearing body for employee appeals.
Hayward Yes Yes Article IX establishes a Personnel Board with advisory
authority on personnel administration, including serving as
hearing body for employee appeals and grievances(makes
recommendation to city manager on such appeals).Also
has authority to recommend approval of job descriptions.
Lancaster No No Municipal Code Chapter 2.56 defines personnel system
(with same basic characteristics as civil service system)and
identifies the city manager as the personnel officer.
Personnel rules and regulations are adopted, modified or
` repealed by City Council.
Oceanside No No Personnel System(with same basic characteristics as civil
service system)created by ordinance(Oceanside Municipal
Code Chapter 23)
Palmdale ) No No Nothing about personnel or civil service system in the
municipal code. City manager has authority to appoint,
promote, discipline, demote or remove employees.
Pomona No No Personnel system(with same basic characteristics as civil
service system)created by ordinance(Pomona Municipal
Code Division 3). Human Resources/Risk Management
director is responsible for the personnel system, its rules
and enforcement
24
Civil Service Boards and Systems Page 8
Civil Service
or Personnel
System Civil Service
Described in or Personnel
Peer Agency Charter Board Comments
Salinas No No Personnel system(with same characteristics as civil service
system)described in Chapter 25 of the Pomona municipal
code.
Santa Rosa Yes Yes Personnel system to be established by City Council
ordinance(Charter Section 50);charter also includes
provisions for impartial and binding arbitration for police
and fire employee disputes. Municipal Code Chapter 2-28
establishes Personnel Board to act as an advisory body to
the city manager and serve as hearing body for employee
disputes related to employment.
Torrance Yes Yes Civil Service system established by Charter Article 13. Civil
Service Commission established by Torrance Municipal
Code Chapter 4,Article 10,with authority to conduct
hearings and make recommendations to the City Council.
Commission also has the authority to appoint an executive
officer.
Total 11 9
Source: Peer agency websites,charters and municipal codes
I
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