Manhattan Beach Municipal Code Ch. 2.08 Civil Service System

Pursuant to the authority granted to the legislative body of any city within the State under the provisions of Sections 45000 through 45210 of the Government Code of the State, a civil service system is hereby adopted for the City.

Whenever the term "employee" is used in this chapter, it shall be held to include appointive officers as well as employees.

(§ 2, Ord. 1419, eff. July 3, 1975, as amended by § 1, Ord. 1560, eff. July 26, 1979, and § 3, Ord. 1955, eff. October 3, 1996)

The provisions of this chapter shall apply to the departments, appointive officers and employees of the City, which are designated to be in the classified service and therefore placed under the civil service system of the City. Attachment C of the Personnel Rules defines the classifications that are covered by civil service. The City Council shall designate other full-time positions at-will and amend Attachment C of the Personnel Rules as appropriate. The provisions of this section shall not apply to temporary, provisional, hourly or persons employed on a daily basis.

(§ 2, Ord. 1419, eff. July 3, 1975, as amended by § 1, Ord. 1597, eff. March 5, 1981, § 4, Ord. 1955, eff. October 3, 1996, § 1, Ord. 2008, eff. November 18, 1999, § 1, Ord. 2010, eff. February 17, 2000, and § 1, Ord. 2054, eff. May 20, 2004)

Any person holding a position or employment in the classified service on July 2, 1958, or on the effective date of any subsequently enacted ordinance placing positions or employments under the classified service, who shall have served in such position for a period of at least six (6) months continuously immediately prior to such date, shall become a classified service employee without preliminary or working tests and shall thereafter be subject in all respects to the provisions of this chapter. Any other persons holding positions or employments in the classified service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before their appointments become complete.

(§ 2, Ord. 1419, eff. July 3, 1975)

Under direction of the City Manager, the Human Resources Director of the City shall:

A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council;

B. Prepare and recommend to the Council revisions and amendments to the personnel rules. The City Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council;

C. Prepare a position classification plan, including position specifications. The plan, and any revisions thereto, shall become effective upon approval by the City Manager;

D. Prepare a plan of compensation, covering all classifications. The plan, and any revisions thereto, shall become effective upon approval by the Council;

E. Be the custodian of all personnel records.

(§ 2, Ord. 1419, eff. July 3, 1975, as amended by § 2, Ord. 1597, eff. March 5, 1981, Ord. 1882, eff. July 1, 1993, § 5, Ord. 1955, eff. October 3, 1996, and § 2, Ord. 2054, eff. May 20, 2004)

The Council may contract with the legislative body or government board of any municipality, county within the State, with any State department or other hearing body as provided for in the Memoranda of Understanding or Personnel Instruction for qualified appeals of disciplinary action.

Such governmental agency through its duly qualified Civil Service Commission acting as a Board of Review, through a special board of review under the direction of said Commission, or other hearing body, shall hear qualified disciplinary appeals as requested, as defined in the Memoranda of Understanding or Personnel Instruction. Upon the conclusion of any such hearing, such hearing body shall certify its findings to the City Manager and make such recommendations as it may deem warranted.

(§ 2, Ord. 1419, eff. July 3, 1975; as amended by § 1, Ord. 1522, eff. March 30, 1978, and § 3, Ord. 2054, eff. May 20, 2004)

The Council shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(§ 2, Ord. 1419, eff. July 3, 1975)

All appointments to positions or employments in the classified service shall be made by the City Manager from certified persons on eligible lists, which lists have been established pursuant to the rules and regulations adopted under the authority of this chapter; provided, however, that provisional appointments may be made to positions in the classified service in accordance with Rule IX, Section 5 of the Personnel Rules.

(§ 2, Ord. 1419, eff. July 3, 1975, as amended by § 4, Ord. 2054, eff. May 20, 2004)

A. Appointing Officer's Power. The appointing officer in whom is vested disciplinary or removal power shall be allowed full freedom in his action on such matters, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that City employees and officers may be selected on a basis of merit, but in no sense to handicap or curtail the responsible administrative officer in securing efficient service. The appointing officer shall establish and amend rules and regulations with regard to the disciplinary and appeal process in accordance with the law.

B. Action of Appointing Officer. In the event of an appeal of a qualified disciplinary action, the appointing officer may thereupon affirm, revoke or modify the action taken by the Board or hearing body as in the judgment of such officer shall be deemed warranted. The decision of the appointing officer shall then be final and conclusive.

C. Conviction of Misdemeanor or Felony Cause for Suspension. The conviction of either a misdemeanor or felony involving moral turpitude may constitute grounds for dismissal of any classified employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The City Manager or designee may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if such conviction is an offense involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere made to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section.

(§ 2, Ord. 1419, eff. July 3, 1975; as amended by § 2, Ord. 1522, eff. March 30, 1978, and § 5, Ord. 2054, eff. May 20, 2004)

Whenever in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for the position involved no longer exists, the Council may abolish any position or employment in the classified service and discharge the employee or officer holding such position or employment. Should such position or employment, or any position involving all or any of the same duties, be reinstated or created within two (2) years, the employee or officer discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position.

(§ 2, Ord. 1419, eff. July 3, 1975)

No officer, agent, clerk or employee under the government of the City shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose whatsoever from any one on the eligible lists or holding any position under the provisions of this chapter.

(§ 2, Ord. 1419, eff. July 3, 1975)

The Council may from time to time hereafter by ordinance add additional departments, appointive officers or employees of the City to the list designated or enumerated in this chapter and placed under the operation of such system. All full time employees and officers in the departments or employments designated or enumerated or hereafter placed under the said system shall be deemed to be in the classified service.

(§ 2, Ord. 1419, eff. July 3, 1975)

No person convicted of a felony or misdemeanor involving moral turpitude shall be eligible for employment with the City, if the conviction in any way suggests the inability of the applicant to discharge the job duties for the position the person applied for with integrity and reliability.

The City Manager, Human Resources Director, Chief of Police and City Attorney and their designees are hereby authorized to have access to the "State summary criminal history information" as provided for in Section 11105 of the Penal Code.

(§ 1, Ord. 1459, eff. June 17, 1976, as amended by § 6, Ord. 2054, eff. May 20, 2004)

Repealed § 7, Ord. 2054, eff. May 20, 2004

The City Manager shall appoint a City Clerk who shall not be a member of the classified service. The City Clerk shall be charged with keeping an accurate record of the proceedings of the City Council and all other City boards and commissions and such other duties as may be assigned by the City Manager or required by State law with the exception that the City Clerk shall not serve as the financial or accounting officer of the City which functions shall be transferred to a Director of Finance to be appointed by the City Manager.

(§ 6, Ord. 1955, eff. October 3, 1996)

The City Council may appoint a City Attorney who shall serve as legal counsel to the City and advise City officials in all legal matters pertaining to City business. The City Attorney shall not be a member of the classified service and shall report to and serve at the pleasure of the City Council. The City Attorney shall also serve as City Prosecutor.

(§ 7, Ord. 1955, eff. October 3, 1996)