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Home My WebLink About03-07 Regulation of At-Will EmployeesORDINANCE NO. 03-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 2 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REGULATION OF AT- WILL EMPLOYEES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The sections of Title 2 of the Costa Mesa Municipal Code shown below are hereby revised, deleted, or added to read as follows: Sec. 2-3. Appointment of city treasurer and city attorney; terms of office; removal. "The city council shall appoint a city treasurer and a city attorney to serve and hold office at and during the pleasure of the city council. Removal of these city officers from their respective posts shall be done in the same manner as provided for in section 2-224.5 of this Code." Sec. 2.97. Office created; appointment, tenure. "The office of city manager is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council as provided for in section 2-224.5 of this Code." Sec. 2-135. Vote required. "The removal of the city manager shall be only on a majority vote of the whole council." Sec. 2.136 — 2-151. Reserved. Sec. 2-211. Office of director created; administration system. "There is hereby established the position of administrative services director for the city. The personnel system established by this chapter shall be administered by the city manager who shall be the ex -officio personnel officer. The city manager may delegate any of the powers and duties conferred upon him as ex - officio personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract." Sec. 2-215. Positions in exempt service. "The exempt service shall include the following: (a) All elected officials and members of board and commissions; (b) The city manager, city attorney and city treasurer; (c) All department heads hired after March 1, 1998; (d) Architects, consultants, counsel and others rendering temporary professional services; (e) Voluntary personnel and personnel appointed to service without pay; (f) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood or earthquake which threatens life or property; (g) Such other positions involving seasonal or part-time employment; and (h) Any new position hereafter created at the department head level, if it is specified as exempt by the city council at the time of creation." Add new section 2.224.5 to read: "Sec. 2-224.5. At -will employees. (a) Unless otherwise expressly provided for in an applicable collective bargaining agreement or employment contract, all City personnel employed as City Manager, City Treasurer, City Attorney, Police Chief, Fire Chief, Director of Administrative Services, Director of Development Services, Director of Finance, and Director of Public Services are employed on an at -will basis. Employment at - K will may be terminated without cause, without notice and without right to appeal at any time by the employee or the City. No personnel employed in the positions set forth in this subdivision (a) of Section 2-224.5 has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at -will terms, except an agreement expressly approved by the City Council. Only the City Council for the City of Costa Mesa has the authority to make any such agreement, which is binding and only if it is in writing. (b) The City Council is the appointing authority for the City Manager, City Attorney, and the City Treasurer. (c) The City Manager is the appointing authority for the Police Chief, Fire Chief, Director of Administrative Services, Director of Development Services, Director of Finance, and Director of Public Services." Sec. 2-225. Demotion, dismissal, reduction In pay, suspension. "(a) Any appointing authority shall have the right for cause to demote, dismiss, reduce in pay or suspend without pay for not more than thirty (30) calendar days any person holding a position of employment made in the classified service. Notice of intent of such demotion, dismissal, reduction in pay, or suspension must be in writing and served personally on such employee. The employee shall have five (5) days within which to respond orally or in writing to the charges in the notice of intent to demote, dismiss, reduce in pay or suspend without pay for more than five (5) days, or salary reductions of more than one (1) pay period. Employees shall not be entitled to the notice of intent or the five-day response period for lesser discipline. (b) The provisions of this section shall not apply to reductions in pay which are a part of the general plan to reduce salaries and wages or to eliminate positions. (c) The provisions of this section shall not apply to those positions expressly designated as "at -will" as provided in section 2-224.5 of the Code. At -will 3 employment can be terminated without cause, without notice and without right to appeal at anytime." Sec. 2-226. Appeals. (a) Any employee in the classified service shall have the right to appeal to the city manager. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter or applicable memorandum of understanding as approved by city council, except in instances where the right of appeal is prohibited by this chapter. (b) Nothing in this chapter shall preclude any employee or public agency from seeking redress under the law after having followed the appeal procedures provided for herein. (c) The provisions of this section shall not apply to those positions expressly designated as "at -will" as provided in section 2-224.5 of the Code. At -will employment can be terminated without cause, without notice and without right to appeal at any time." Section 2. Applicability. The changes contained in this ordinance are not intended to apply to or affect the employment rights of the persons currently holding the positions of City Manager and City Attorney (the position of City Treasurer is unfilled). Therefore, the amendments and deletions to sections 2-3, 2-97, and 2-135 through 2-140 shall not be applicable to the current City Manager, Allan Roeder, and the current City Attorney, Jerry Scheer, and as to them, it shall be as though this ordinance had not been enacted, and these two employees' employment shall be governed under the existing wording of these code provisions. Section 3. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason 4 held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 16" day of June, 2003. ATTEST: Deputy CClerk of the City of Costa M sa 5 W yor of the City of Costa Mesa APPROVED AS TO FORM: Acting City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, Deputy City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 03-7 was introduced and considered section by section at a regular meeting of said City Council held on the 2n° day of June, 2003, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 16° day of June, 2003, by the following roll call vote: AYES: Monahan, Steel, Cowan, Mansoor, Scheafer NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17" day of June, 2003. Dept City Clerk and ex -officio Clerk of the C Council of theCity of Costa Mesa