1994 AGN APR 19 I33 - Laserfiche WebLink

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AGENDA REPORT CITY OF COLTON For City Council Meeting of April 19, 1994 April 6, 1994 TO: .HONORABLE MAYOR AND CITY COUNCIL FROM: :Julie Hayward Biggs, City Attorney SUBJECT: :Elimination of Civil Service Status for Department Heads As requested, I have revised the ordinance prepared and approved for first reading at the April 5, 1994 City Council meeting amending Section 2.48.050 of the Colton Municipal Code to eliminate civil service status for City department heads. As currently drafted, this ordinance will apply both prospectively as new department heads are appointed, and to current department heads who were appointed under the existing provisions of the Colton Municipal Code as well, subject only to the meet and confer process. .As you may recall, it was always the position of Best, Best & Krieger that while the City could ;prospectively change its civil service ordinance to remove department heads from civil service protection, such a change could not apply to existing department heads because they were viewed as having a vested right, perhaps a property right, in civil service protection. In discussions with Bill Brunick on this issue, he has suggested that it might be possible to make an across the board change through simply a meet and confer process. The revised ordinance incorporates that thinking. Because of the prior contradictory advice from Best, Best & Krieger on this point, however, I have requested an opinion from Bill Brunick regarding the legality of such change in status that is to be prepared during my absence from the office. :Depending on the outcome of Brunick's legal research and analysis of this matter, it may be necessary to adopt the ordinance as presented at first reading. Accordingly, I am attaching a copy of that unrevised ordinance as well. Concurrence: City M ar 33