CITY OF CARMEL-BY-THE-SEA

AGENDA BILL

AB 1055
November 3, 2015
Public Hearing

TO:

Honorable Mayor and Members of the City Council

FROM:

Douglas J. Schmitz, City Administrator

SUBJECT:

First reading of an Ordinance amending Section 2.52.385, Appeals Hearing Process, of

the Personnel Ordinance

AMOUNT OF EXPENDITURE

$0

AMOUNT BUDGETED

$0

APPROPRIATION REQUIRED

$0

RECOMMENDATION
Waive reading in full and introduce on first reading an Ordinance amending Section 2.52 .385, Appeals
Hearing Process, of the Personnel Ordinance.
SUMMARY
The City's Personnel Ordinance was adopted in 1987, making it nearly thirty (30) years old . Since its
adoption, best personnel practices , case law and legislation have made parts of the ordinance out of
date. The development of an entirely new ordinance will be one of the top assignments given to the
new Human Resource Manager once that individual is hired and commences work with the City.
There is one section of the existing ordinance which needs more immediate attention. The directives in
this section were questioned in a June 2014 personnel hearing and was the subject of numerous
discussions during the recent labor negotiations with LIUNA.
Section 2.52.385 assigns the responsibility of holding an appeals hearing to the City Administrator. In
Section 2.52.350, Notice of Intent to Discipline---Defined, the commencement of disciplinary action is a
written notice which shall be prepared" ... at the direction of the City Administrator in consultation with
the employee's department manager."
The proposed ordinance inserts an independent third party, selected from a list developed by the state
Public Employee Relations Board, as the Hearings Officer. This individual would conduct the hearing
and then render a recommendation to the City Administrator. The recommended procedure is
consistent with current law and widespread practice in public agencies .
PRIOR CITY COUNCIL ACTION
Council adopted the City's Personnel ordinance in 1987.
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ATTACHMENTS

1. Draft Ordinance Amending Section 2.52.385, Appeals Hearing Process, of the Personnel
Ordinance
2. Current Ordinance Section 2.52.385

APPROVED:
Date:

Page 2

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ATTACHMENT- 1

ORDINANCE NO.
AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 2.52.385 APPEALS
HEARING PROCESS OF CHAPTER 2.52 OF TITLE 2 ENTITLED PERSONNEL SYSTEM
OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE, INSERTING AN INDEPENDENT
HEARING OFFICER INTO THE APPEALS HEARING PROCESS.
Recitals/Findings
WHEREAS, on January 6, 1987, the City Council adopted an ordinance repealing
Chapter 2.52 of Title 2 of the Carmel-by-the-Sea Municipal Code entitled Personnel System,
and adopted a new Chapter 2.52 for Title 2 of the Carmel-by-the-Sea Municipal Code,
entitled Personnel System; and
WHEREAS, developments in best personnel practices, case law, and legislation
have made parts of the ordinance out of date; and
WHEREAS, the directive in section 2.52.385 Appeals Hearing Process has been
under discussion during labor negotiations with LIUNA; and
WHEREAS, the City Council wishes to amend Municipal Code section 2.52 .385
Appeals Hearing Process of Chapter 2.52 of Title 2 entitled Personnel System to insert an
independent hearing officer into the appeals hearing process .
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARMEL-BY-THE-SEA DO
ORDAIN AS FOLLOWS:
Section One. Carmel-by-the-Sea Municipal Code Section 2.52 .385 is hereby amended to
read as follows:

2.52.385
Appeals Hearing Process
The appeal shall be heard by an independent hearing officer - selected from a "strike list"
requested by the employee and/or Union and the City from the Public Employee Relations
Board. The independent hearing officer will hear all evidence, review all documents and
receive oral testimony. The decision of the independent hearing officer shall be advisory to
the City Administrator.
Section 2.
The People of Carmel-by-the-Sea find that all Recitals/Findings are true and correct
and are incorporated herein by reference.
Section 3. Severability
A.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the Ordinance, including the application of such part
or provision to other persons or circumstances, shall not be affected thereby and shall continue in
full force and effect. To this end, provisions of this Ordinance are severable.
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B.
The City Council hereby declares that it would have passed each section,
subsection , subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
held unconstitutional, invalid or unenforceable.
Section 4. Publication The City Clerk is directed to publish this Ordinance in the manner and in
the time required by law.
this

3rd

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

day of November, 2015, by the following roll call vote :

AYES:
NOES:
ABSENT:

ATTEST:

APPROVED:

ASHLEE WRIGHT, City Clerk

JASON BURNETT, Mayor

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ATTACHMENT- 2

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The City Administrator will hear all evidence, review all documents and receive oral testimony. If the City
Administrator upholds the employee's appeal, the charges shall be dropped, the employee reinstated, and a
record of the City Administrator's decision placed in the employee's personnel file. If the City Administrator
denies the employee's appeal, the order of disciplinary action will be signed and served. The decision of the
City Administrator is final and not subject to appeal. (Ord . 87-1 2, 1987).

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