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City of San Bernardino
Request for Council Action
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Date: June 7, 2017
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To: Honorable Mayor and City Council Members
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From: Mark Scott, City Manager and Gary Saenz, City Attorney
By: Andrea Miller, Assistant City Manger
Jolena Grider, Chief Assistant City Attorney
Rebekah Kramer, Administrative Services Officer
Subject: Ordinance Repealing and Replacing Chapter 2.50 of the San
Bernardino Municipal Code Related to the Personnel
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Commission — Final Reading and Adoption Q
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Recommendation
Introduce for second reading and adopt an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, repealing and replacing Chapter 2.50 of the San
Bernardino Municipal Code related to the establishment of the Personnel Commission o
by the new Charter. N
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Background Ln
On May 15, 2017, the Mayor and City Council accepted for first reading an Ordinance o
repealing and replacing Chapter 2.50 of the San Bernardino Municipal Code related to w
the establishment of the Personnel Commission by the new Charter and aligning the
City Code with the provisions of the new Charter.
Section 604 of the City Charter approved by voters on November 8, 2016, calls for the Ix
establishment of a Personnel Commission to serve in the place of the Civil Service ro
Board. The Personnel Commission consists of five members who are residents of the U-
City and are appointed with approval of at least five affirmative votes of the Mayor and �
City Council pursuant to section 304(b) of the Charter_ The Commission's sole N
responsibility is hearing disciplinary appeals filed by City employees. a
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Discussion
Revisions to Chapter 2.50 of the Municipal Code were needed to align with the
provisions of sections 508 and 604 of the new Charter. Section 508 of the Charter
delegates the administration of employee matters to a Personnel or Human Resources
Department while section 604 of the Charter establishes a Personnel Commission with o
the sole responsibility of hearing disciplinary appeals filed by City employees, subject to
the provisions of the adopted labor agreements. Repealing and replacing Chapter 2.50
of the San Bernardino Municipal Code provides an opportunity to more clearly define
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the scope and responsibility of the Personnel Commission in keeping with the
provisions of the new Charter and allows administration of the Personnel Rules to be F
shifted to Chapter 2.04 (Department of Human Resources) in keeping with section 508 m
of the Charter.
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Revisions to Chapter 2.04 of the City Code are being developed and will be presented
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for Mayor and City Council review and consideration at a subsequent meeting o
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Fiscal Impact
The costs related to the Charter implementation services were approved by the Mayor
and City Council at the January 23, 2017, meeting. There are no additional costs to be
incurred related to the recommended changes to the Municipal Code.
Conclusion
It is recommended the Mayor and City Council accept for second reading and adopt the
ordinance repealing and replacing Chapter 2.50 of the San Bernardino Municipal Code
related to the establishment of the Personnel Commission by the new Charter.
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Attachments Q
Attachment 1 - Ordinance repealing and replacing Chapter 2.50 of the San Bernardino
Municipal Code related to the establishment of the Personnel U
Commission by the new Charter
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Synopsis of Previous Council Actions: 0
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1 ORDINANCE NO.
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2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
3 BERNARDINO, CALIFORNIA,REPEALING AND REPLACING CHAPTER 2.50 OF c
THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE
4 ESTABLISHMENT OF THE PERSONNEL COMMISSION BY THE NEW
CHARTER
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6 WHEREAS,the voters of the City of San Bernardino adopted a new Charter at the
November 8,2016,municipal election; and
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WHEREAS,the new Charter was filed with the California Secretary of State on
8 January 31, 2017, and became effective on that date; and c
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9 WHEREAS,pursuant to the previous Charter,the City established a Civil Service
10 Board, which had rights and duties established therein; and
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11 WHEREAS,the new Charter at Section 604 establishes a Personnel Commission to T
12 replace the Civil Service Board; and LU
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13 WHEREAS,consistent with the provisions of the new Charter,the Civil Service z
Board shall heretofore be known as the Personnel Commission and its sole responsibility will
14 be to hear appeals of disciplinary actions by City employees, subject to the provisions of 0
adopted labor agreements; and
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16 WHEREAS, existing provisions of the Chapter 2.50 of the San Bernardino Municipal E
Code are inconsistent with the new Charter and require revision.
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NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF a
18 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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19 SECTION 1. The existing Chapter 2.50 of the San Bernardino Municipal Code is �
20 hereby repealed. R
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21 SECTION 2. A new Chapter 2.50 of the San Bernardino Municipal Code is hereby
22 enacted to read as follows: N
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23 Chapter 2.50 PERSONNEL COMMISSION L
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Z4 2.50.010 Establishment a�
The Personnel Commission as established in Charter Section 604 shall replace the Civil
25 Service Board, which is hereby dissolved. _
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2.50.020 Appeals from Disciplinary Action
27 Pursuant to Charter Section 604, the Personnel Commission shall hear appeals from E
28 disciplinary actions filed by City employees in the classified service, subject to the provisions
of the applicable labor agreement, if any, and the Personnel Rules and Regulations, formerly z
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1 known as the Civil Service Rules and Regulations, as adopted by Resolution of the Mayor and
City Council and as they may be amended from time to time. The determination of the R
2 Personnel Commission on such appeals shall be final. v
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3 2.50.030 Secretary to the Personnel Commission
4 The Administrative Services Officer, or such other person as may be designated by the City
Manager shall serve as Secretary to the Personnel Commission, and shall be responsible for
5 posting and mailing any necessary hearing notices, issuing subpoenas for hearings before the
Personnel Commission, and keeping a record of the proceedings. The Personnel
6 Commission's power of subpoena over persons and records shall be enforceable by the courts. . ,
7 The City Manager shall ensure that the Personnel Commission is provided with such support c.
as may be necessary to conduct appeal hearings as required, including a legal advisor as may W
8 be necessary.
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9 2.50.040 Election of Officers a
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The Commission shall annually elect one of its members chair and one as vice-chair. 0
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11 2.50.050 Time and Place of Meetings LD
The Commission shall hold regularly noticed meetings as required to hear disciplinary w
12 appeals, and may hold special meetings at the call of the Chair or a majority of the members z
of the Commission. a
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14 SECTION 3. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance,to the extent of
15 such inconsistencies, is hereby repealed or modified to the extent necessary to affect the z
provisions of this Ordinance. 2
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17 SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, <
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be a
18 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
19 part thereof. The Mayor and City Council hereby declares that it would have adopted each
20 section irrespective of the fact that any one or more subsections, subdivisions, sentences, R
clauses,phrases, or words be declared unconstitutional, invalid, or ineffective. LL
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SECTION 5. PUBLICATION. This Ordinance shall take effect and be in full force N
22 thirty(3 0)days from and after the passage thereof,and prior to the expiration of fifteen(15)days a
23 from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
24 published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be (,
posted in the office of the City Clerk five(5)days prior to the date of adoption of this Ordinance, C
25 and within fifteen (15) days after adoption, the City Clerk shall cause to be published the =_
aforementioned summary and shall post in the office of the City Clerk a certified copy of this �`
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Ordinance together with the names of the members of the City Council voting for and against r
27 the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
1 BERNARDINO, CALIFORNIA,REPEALING AND REPLACING CHAPTER 2.50 OF
2 THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE
ESTABLISHMENT OF THE PERSONNEL COMMISSION BY THE NEW
3 CHARTER
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
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and City Council of the City of San Bernardino at a meeting
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7 thereof,held on the day of , 2017,by the following vote,to wit: d
8 Council Members: AYES NAYS ABSTAIN ABSENT c
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9 MARQUEZ Ta
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BARRIOS
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12 VALDIVIA _ Z
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13 SHORETT Z
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® 14 NICKEL _ 0
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15 RICHARD w
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MULVIHILL
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19 Georgeann Hanna, CMC, City Clerk
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The foregoing Ordinance is hereby approved this day of . 2017.
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23 R. Carey Davis, Mayor v
City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
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By:
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