Ordinance - Exceptions to Civil Service System

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF June 5, 2001 TO: Honorable Mayor and City Council FROM: City Attorney SUBJECT: Exceptions to Civil Service System DATE: May 30, 2001 BACKGROUND Prior to 1998, department heads employed by the City were hired as "at will" employees not subject to the provisions of the City's civil service system. With the hiring of Henry Garcia as City Manager and the restructuring of the City organization, Mr. Garcia changed the employment status of department heads. Department heads were no longer "at will" employees, but instead were placed under the civil service system. The Colton Municipal Code was amended to reflect this change. DISCUSSION With the appointment of Daryl Parrish as the new City Manager, Mr. Parrish would like to return all newly hired department heads to "at will" status, so that they will not be subject to the City's civil service system. There are important differences between being an "at will" employee and an employee under a civil service system. The main difference is that an employee under a Civil Service System has procedural safeguards whenever he or she is subjected to a demotion, dismissal or pay reduction. For example, she or he is entitled to a written statement of the reasons for any such action and has a right to appeal such a decision. An "at will" employee, on the other hand, may be terminated without cause and has no such procedural safeguards. e. I i i order to change the status of department heads from being "at will" employees to being bject to the civil service system, the Colton Municipal Code must be amended. We have prepared the attached draft ordinance to add a new section creating this change. Item #1