TITLE
Recommendation to approve an amendment to Civil Service Rules and Regulations, Section 115 -- Exceptions to Rules May Be Authorized.
DISCUSSION
At the request of the City Manager, in order to increase the flexibility in hiring City employees and reduce the City workforce during these fiscal challenges, the Civil Service Commission has approved an amendment to Civil Service Rules and Regulations, Section 115. The intent of the amendment is to broaden the Commission's authority to make exceptions to the Civil Service Rules and Regulations in order to address such requests. The City Charter requires City Council approval for any amendment to the Civil Service Rules and Regulations.
SUMMARY:
On March 11,2009, the City Manager requested the Civil Service Commission to suspend Civil Service Rules and Regulations, Section 27 - Certification of Eligibility List in order to provide greater flexibility in the hiring of City employees to critical positions while attempting to reduce the City's workforce.
On March 18, 2009, the City Attorney advised the Civil Service Commission that it could not suspend any of its Rules and Regulations. However, the City Attorney informed the Civil Service Commission that Civil Service Rules and Regulations, Section 115 provides for exceptions to the Civil Service Rules and Regulations under very limited circumstances.
On April 1 and 8, 2009, the Civil Service Commission considered two options to amendments to Civil Service Rules and Regulations, Section 27 and Section 115. At that time the City Manager indicated a preference to an amendment to Section 115. The City Attorney's Office provided the Civil Service Commission with proposed language for consideration for each of the sections.
On April 8, 2009, the Civil Service Commission approved an amendment to Civil Service Rules and Regulations, Section 115, and directed staff to seek City Council approval.
The proposed amendment to Section 115 broadens the Civil Service Commission's authority to make exceptions to the Civil Service Rules and Regulations. The Civil Service Commission retains its authority to consider individual requests and to take action in the best interest of the City. Further, the amendment includes a six-month sunset clause, which may be extended by the Commission.
The Civil Service Commission believes the proposed amendment to Civil Service Rules and Regulations, Section 115 addresses the City Manager's request to seek greater flexibility in hiring City employees while attempting to reduce the workforce, and it does not compromise the principles of the merit system.
Attached is the copy of the current language and proposed amendments to Civil Service Rules and Regulations, Section 115. The City Attorney's Office assisted staff with the preparation of the proposed amendment.
Civil Service Department staff has been in constant communication with the affected employee associations regarding this matter.
TIMING CONSIDERATIONS
City Council action on this request is critical.
FISCAL IMPACT
Potential cost savings by a reduction in the workforce.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
MARIO R. BEAS
EXECUTIVE DIRECTOR, CIVIL SERVICE