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HomeMy WebLinkAbout23-City Attorney C I T Y o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: JAMES F. PENMAN City Attorney - 1""'~ r , ("l'~"~' i ':: I'r '.' j. j ,: ._v.. ).::iN10N FROM: JOHN F. WILSON Sr. Deputy City Attorney v-,:;, I ,..~,I i'LEASE r<E-Q'Je-:-;:'- i' 1'1' 1;'-1' 'vJ ,(fF h\t&: 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 ss T...ns ~7~! r.T~ r~,~::~',n:CJ~':i' f-C- ,.;-t~~~; :j~-tL~{. IF 'YC~_' .. ;,:")ii'~iON '._01 I 'LEASE \' PC , ";\1' i I; f(EQ\,jis I if il'~ V~q\~'r i>~G.