1994 AGN MAY 03 I12 - Laserfiche WebLink

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AGENDA REPORT CITY OF COLTON For City Council Meeting of May 3, 1994 April 27, 1994 TO: HONORABLE MAYOR AND CITY UNCIL FROM: Julie Hayward Biggs, City Att rn SUBJECT: Elimination of Civil Service Status for Department Heads At the City Council meeting of April 5, 1994, the Council approved first reading of Ordinance number 0-08-94 which would eliminate civil service protection for department heads. That Ordinance was silent as to its effect on currently employed City department heads and so would only be applicable to department heads hired after the effective date of the ordinance. The Council requested that the City Attorney review the possibility, ;offminating civil service protection for current department heads. As prior legal counsel had consistently advised the City that elimination of civil service protection for department heads could only apply to prospective employees because of the property interest department heads acquire over time in their positions, I requested an opinion on this issue from Brunick, Alvarez & Battersby. That opinion is attached. The conclusion reached by Brunick, Alvarez & Battersby is that elimination of civil service protection for current department heads may only be accomplished by consent of each current department head or through the establishment of a formal bargaining unit that would then meet and confer with the City regarding this issue. It is clear from the Brunick, Alvarez & Battersby opinion that negotiation with existing employees on this issue will require good faith exchange of benefits or salary for the elimination of an existing employment benefit such as civil service protection. Mr. Jack Prindeville, acting Personnel Director, also forwarded an article addressing this issue prepared by the National Public Employer Labor Relations Association. That publication confirms the legal difficulties inherent in eliminating civil service protection from current department heads. The article suggests that even without civil service protection such employees have a property right in their employees acquired simply as a result of extended tenure in those positions that requires substantive and procedural due process for termination. I have attached a copy of that article for your information and review.