Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of July 26, 2022
Title
CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT ASKING VOTERS TO REPEAL ORDINANCE NO. N.S. 211, ADOPTED IN 1960, ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY
(City Manager Suja Lowenthal)
Body
Recommended Action:
Recommendation
Staff recommends City Council:
1. Consider adding a measure to repeal Ordinance No. N.S. 211 (Attachment 5), adopted in 1960, establishing a personnel system for the City (because it is not in compliance with current employment laws and should be replaced by an up-to-date set of personnel and civil service rules that meet the demands and requirements of current laws), to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022, and select one or more argument writer(s) in favor of this measure should a determination be made to submit this measure to the voters;
2. Adopt Resolution for the placement of a measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City’s Civil Service System and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 (Attachment 1); and
3. Adopt Resolution setting priorities for filing a written argument and rebuttal argument regarding an ordinance to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City’s Civil Service System to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022, and directing the City Attorney to prepare the impartial analysis (Attachment 2).
Body
Executive Summary:
On June 7, 1960, Ordinance No. N.S. 211 was adopted by way of a ballot measure and after 62 years in place, the ordinance is outdated and is not in compliance with current employment law and practices. As it was adopted by the voters in 1960, under State law, Ordinance No. N.S. 211 can only be modified if repealed by the voters.
Background:
Ordinance No. N.S. 211 was adopted on June 7, 1960 by way of a ballot measure in order to establish a civil service system and personnel rules and regulations for the City and is now codified in Chapter 2.76 of the Hermosa Beach Municipal Code. The ordinance was adopted 62 years ago and is no longer in compliance with current laws and practices. The ordinance does not reflect changes in policies and laws that have occurred since its adoption.
Personnel rules govern matters such as hiring procedures, competitive recruitment exams and eligibility lists, probationary periods, performance evaluations, transfers, promotions, discipline, processing of grievances, and similar matters pertaining to the employment and management of City employees in the competitive service.
Under California law, Ordinance No. N.S. 211 may be repealed or modified only by a vote of the people. Pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election.
The City is engaged in a meet and confer negotiation with the labor groups to place a measure on the municipal election to repeal the Ordinance and will engage in meet and confer negotiations regarding a new set of replacement personnel rules and regulations that will reflect current law.
The meet and confer process is required by State law and assures that employees through their associations will participate in formulating the new rules. Further, the public will have an opportunity to review the proposed rules and regulations when they come to the City Council for adoption at a public meeting. The new rules and regulations would be subject to modification without the necessity of future voter approval, which allows for greater flexibility to meet the demands of changing laws, times, and circumstances.
Elections Code section 9287 provides that the City Council has first priority to author the argument in favor of the measure. Council may elect to author the argument and if it does so, should delegate that ask to one or two Councilmembers.
Past Board Action
|
Meeting Date |
Description |
|
July 20, 2022 |
At the Civil Service Board meeting of July 20, 2022, the Civil Service Board unanimously voted (4-0) to support the Repeal of Ordinance No. N.S. 211. |
Discussion:
Staff supports the replacement of the existing outdated personnel rules, which hamper efficient administration of the City’s civil service system. Staff recommends that the City Council submit to the voters at the November 8, 2022 General Municipal Election a measure repealing Ordinance No. N.S. 211 so as to enable it to adopt modern personnel and civil service rules following a meet and confer process with the City’s employee associations and consideration of public comment at a City Council meeting.
Arguments in Favor and Against
The City Clerk will accept arguments in favor of and against the proposed measure until Tuesday, August 9, 2022, at 6 p.m. Each argument is limited to 300 words and will be titled “Argument in Favor of Measure ___” and “Argument Against Measure ___” in the Official Sample Ballot Booklet submitted to voters. Please email cityclerk@hermosabeach.gov or submit a hard copy (Attachment 3) by the deadline.
Per California Elections Code Section 9282 and 9287, the City Council has priority to and may authorize one or two members of the City Council to author the Argument in Favor. Should the City Council choose not to authorize one or two members of the City Council to author the Argument in Favor and more than one argument is submitted (in favor or against) to the Elections Official, the Elections Official will select an argument in accordance with California Elections Code Section 9287.
Rebuttals to Argument in Favor and Against
When the arguments are submitted, the Elections Official shall send a copy of the Argument in Favor to the authors of the Argument Against and the Argument Against to the authors of the Argument in Favor, along with a copy of the impartial analysis. An argument author may authorize another person to sign the rebuttal to the opposing argument using the form provided by the Elections Official (Attachment 4) and in accordance with California Elections Code Section 9285. Rebuttals to the Arguments in Favor and Against are due by Tuesday, August 23, 2022, at 6 p.m. and are limited to 250 words
Consolidation with Los Angeles County
On July 14, 2022, the City Council approved Resolution No. 22-7317 to consolidate the City of Hermosa Beach General Municipal Election with the Statewide General Election to be held on November 8, 2022. Approving the staff recommendation will allow Los Angeles County to carry out all consolidation services outlined in Resolution No. 22-7317 for this measure.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
• 1.1 Open Meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
Goal 2. The Community is active and engaged in decision-making processes.
Policy:
• 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods
Fiscal Impact:
Fiscal impacts associated with adding pages in the Official Sample Ballot pertaining to all measures being considered by the Council have been included in the budgeted total cost of the upcoming November 8, 2022 General Municipal Election of $110,000 in FY 2022-23. No additional cost to the budgeted total is expected from including this measure on the ballot.
Attachments:
1. Resolution (Civil Service)-Add to Ballot & Consolidate
2. Resolution (Civil Service)-Arguments, Rebuttals & Impartial Analysis
3. Argument and Rebuttal Form
4. Authorization for Another Person to Sign Rebuttal Argument Form
5. Ordinance No. N.S. 211
6. Link to July 20, 2022 Civil Service Board Agenda
Respectfully Submitted by: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager