CITY OF GLENDALE INTERDEPARTMENTAL COMMUNICATION DATE: June 22, 2016 TO: Members of the Civil Service Commission FROM: Matt Doyle, Director of Human Resources SUBJECT: Discussion of Proposals to Amend the City Charter on Matters Relating to Civil Service STATEMENT OF THE SUBJECT The subject before the Commission is a discussion of various proposals that would modify some traditional Civil Service practices at the City of Glendale and modernize the system to be more in alignment with contemporary employment practices. This effort does not seek to abolish Civil Service in Glendale, but rather update the system to provide more flexibility and better meet the needs of the organization. The four key areas under discussion would require amendments to the City Charter (Article XXIV), which would ultimately require a vote of the public. BACKGROUND The City of Glendale has operated under a Civil Service system since the 1930’s. It was common in those days for local governments to adopt such systems to counteract the proliferation of the “spoils” system in government employment practices that had existed since the turn of the century. Typically, Civil Service systems were adopted to establish “merit-based” employment practices and prevent elected officials from staffing government jobs with friends, relatives and political supporters. The key elements of a Civil Service system typically involve structured, merit-based competitive exam processes for government jobs; the development of employment standards based on knowledge, skill and ability; the establishment of career paths and opportunities for advancement; and the protection of one’s employment status from arbitrary action, favoritism or political coercion. This system has historically served the City well, and all of the aforementioned characteristics of a Civil Service system continue to make good sense in not only managing an organization the size and scope of Glendale, but also in providing a workplace that is competent, productive and rewarding to its workers. The discussion over these proposals does not seek to change any of these general principles. Rather, the discussion is intended to explore methods of improving the system that currently exists and modernize some of the elements within Glendale’s Civil Service process that are in need of updating. The Commission is well aware of the economic and budgetary challenges the City has faced over the last ten years. The organization as a whole has had to reduce its staffing by nearly 25% and work smarter and more efficiently to continue to provide the 44 outstanding levels of service that our residents expect. City departments have had to reexamine their core missions and put into place the necessary management and support staff needed to continue to function in a more efficient and smart manner. In many cases, this has required the establishment of more specialized and complex job classifications which better reflect the actual work performed and the needs of the operating departments. In this vein, it is imperative that systems be in place that will enable the organization to adapt to changing needs and the flexibility to hire and retain the most qualified and competent individuals to meet its continuing demands. THE CHARTER AND CIVIL SERVICE RULES The Civil Service provisions of the City Charter are set forth in Article XXIV. While one might expect the Charter to contain very general guidelines for the establishment and governance of a Civil Service system, Glendale’s Charter is very specific and detailed in a number of its provisions. This is particularly unusual, given the fact that the Charter does authorize the formation of the Commission and essentially grants the Commission the authority to establish and amend its own rules, which it has historically done, subject to the approval of the City Council. The Civil Service Rules and Regulations are appropriately more extensive and detailed than the Charter provisions. The Rules are the instructive document for staff in the administration of the City’s recruitment and staffing efforts. While the Commission has amended the Civil Service Rules and Regulations numerous times since their inception nearly 80 years ago, the specific items being brought forth for consideration would require amendment to the Charter itself. This again is due to the specificity of the Charter language. PROPOSALS FOR DISCUSSION There are four key areas being explored for this discussion, which are addressed below: 1. Modify existing layoff/bumping procedures to limit “bumping” to within the department. The existing layoff procedure is a very complicated and disruptive process of “bumping” across departmental lines based on seniority and overall service time with the City. Essentially, an employee subject to layoff has the ability to bump other employees with lesser seniority out of their job, regardless of the City department. Accordingly, the employee being bumped can likewise bump other employees with lesser seniority, as well as service time. This process of bumping can go on five, six or seven times following the layoff of a single position. While the policy of basing layoff and bumping on seniority and service time is inherently fair, the process of bumping across departmental lines is abundantly disruptive and chaotic. Recent experience has shown that this process most often results in employees being placed in departments where they are ill-prepared, unfamiliar and often lack the basic skills to function effectively for that department. The employee must attempt to learn an entirely new set of skills. The respective supervisors must re-train an individual who may or may not have the necessary knowledge, skill or ability to succeed in the job. Every time there has been a layoff, this scenario is all too familiar. 45 When this model of layoff/bumping was first envisioned years ago, job classifications were more generic and interchangeable. An analyst, engineer, technician, office assistant or manager could likely function regardless of the department assigned. Today, job duties have become more specialized and complex; recent experience indicates that the bumping process across departmental lines is highly ineffective. Additionally, due to recent budget circumstances, departments have had to tighten their belts to such an extent that they no longer have the capacity and time to take on and train staff who are ill-prepared for particular assignments. Additionally, the public safety departments, Police and Fire, typically require thorough background investigations, which create a dilemma under the bumping scenario. The proposal for discussion maintains the principle of seniority in layoff, but would limit the bumping to within the respective City department. 2. Modify existing “Rule of Three” requirement in hiring process. One of the most limiting aspects of the existing Civil Service process in Glendale is the “Rule of Three” in hiring, which is set forth in both the Charter and Civil Service Rules & Regulations. Currently, following the completion of all the elements of a recruitment and selection process, an eligibility list is established based on a ranked order of scores of the examination process. Candidates have to pass all phases of the examination process in order to earn a spot on the eligibility list. The list of eligible names is then provided to the hiring department (Appointing Authority) to make the final hiring decision. Under the Rule of Three however, the Appointing Authority may only choose from among the three highest ranked names on the eligibility list, regardless of the number of names on the list. This places a very firm limitation on the appointing authority’s hiring options. In some cases, three candidates are not sufficient, particularly if it is discovered that any of the three individuals have a poor work history or negative references. Or, a candidate may be very strong relative to their experience and skills yet may not be the right “fit” for that particular department or work unit. In some instances, the Civil Service selection process may produce candidates who test or interview very well, yet their work history is demonstrably weak. An organization that demands exceptional job performance and maintains very high work standards should not have to settle for candidates who are barely adequate, due to limited options in the final hiring process. Additionally, the City’s efforts to diversify its workforce can be enhanced if more options are available to hiring departments. The proposal under discussion would maintain all of the same standards and rigorous selection procedures currently in place, yet at the conclusion of that process, provide the hiring department with abundantly more options in making the actual hiring decision. The proposal would expand the final hiring options beyond three candidates to a higher number or perhaps the entire eligibility list. 46 3. Reduce eligibility list duration from two years to a shorter time period. The third item under consideration would be the reduction in duration of eligibility lists from two years to a shorter time period. Under existing Charter provisions, eligibility lists remain in effect for a total of two years. While “open” eligibility lists can be cancelled by the Commission prior to two years, “promotional” lists must remain in effect for the full two years. While two year lists generally serve the organization well, on occasion they do serve as a “roadblock” to moving ahead within hiring decisions. Often, months after an eligibility list has been established and the initial hiring appointments have been made, candidates on the list may no longer be interested or have taken a job elsewhere. This typically occurs between the 6th and 24th months of the list’s duration. Candidates become difficult to reach, they lose interest and staff has to keep moving down on the list to identify those still interested. This generally results in delays for the hiring department. As it stands now, at least a few times a year, the Commission is asked to cancel open lists after they have become exhausted and stale. The proposed change would eliminate the need for the Commission to have to take this action. Reducing the duration of eligibility lists will provide more flexibility to hiring departments and provide them the option of considering new candidates with greater frequency. Additionally, similar to the previous item (#2), this proposal could also enhance the City’s diversity goals. Essentially, if diversity goals are not met with a particular recruitment process, this proposal would enable additional attempts without the standard two-year wait period. Also, reducing the duration of eligibility lists eliminates a fairly common problem that occurs on promotional exams when candidates apply for positions they do not necessarily want in order to get on an eligibility list for that particular classification. This too, creates unnecessary work, causes delays, and prevents departments from moving ahead with hiring decisions due to the existence of a list with individuals who in all likelihood may not even be interested in the current opening. 4. Modify selection process for promotional reallocations. Currently, under the Charter and Civil Service Rules, any effort to promote an individual employee from one position to another through a budgetary reallocation requires the posting of a promotional job bulletin and thus the solicitation of applications Citywide. As with the previous item (#3), even though the position is relatively specialized and intended to procure candidates with specific skills and experience within that particular department, candidates Citywide will apply and compete for what is clearly an internal departmental promotion. While this process can be viewed as an open, transparent and competitive-based effort to promote an individual, it is relatively burdensome and often viewed as superfluous or farcical. Additionally, if an employee’s position is reallocated from one position to another 47 through the budget process and that individual tests for the position and is not successful in ranking within the top three candidates on the eligibility list, the department faces a dilemma. The options would be to either appoint one of the other individuals who scored among the top three, and layoff the employee whose position was reallocated, or simply not fill the position. This proposal seeks to explore some alternative method of addressing the promotional reallocation process without the associated problems and risks addressed above. DISCUSSION/PROCESS The above recommendations are presented for discussion purposes. As has already been stated, this effort in no way seeks to abolish the Civil Service system that has worked abundantly well at the City of Glendale for many years. It is rather an effort to improve upon a system that seeks excellence and merit in employment and modernize the process to better meet the changing needs of the organization. These proposals continue to fully embrace the objectives of a merit-based Civil Service system, but do provide the necessary flexibility and practicality to make a good system better. The City Manager and staff have discussed these issues with the City Council and are thus seeking feedback from the Commission. The next steps would be to engage representatives of the employee associations should they request to meet and confer over these issues. While it is anticipated that these four items being explored will likely be modified following the various discussions between key stakeholders in this dialog, it would be the City Manager’s and staff’s intent to have the outcome of these discussions prepared for presentation in the form of a Charter Amendment for the next municipal election in 2017. ACTION This item is presented to the Commission for discussion and appropriate action. 48
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