TO:
REFl!:RENCE.
SUBJl!:CT:
REPORT
FROM
Rules and Elections Committee
Exemption of General Managers
THE PERSONNEL
DEPARTMENT
DAT!
12-7-90
COUNCIL. FIL.IE
CF 90-1036
At its meeting of November 9, 1990, the Rules and Elections Committee considered a
Motion (Bernardi-Braude) proposing a Charter amendment to exempt all General Manager
positions from the Civil Service provisions of the Charter. During the discussion the
Committee asked us to prepare a report descnbing current practice with respect to
appointment and discipline of General Managers, and to identify some of the options
available should a change be made. Acco rdingly, in the attached report we have outlined:
The Current System
- Status (i .e. Exempt or Civil Service)
- Appointing Authority
- Disciplinary Process
Options for Reform
- Status
Exempt or Civil Service
- Appointing Authority
Mayor/Council
Commissions
Give Commissions a Role in Selection Process
- Special Qualifications
- Disciplinary Process
Mayor/ Council
Council Without Mayor
Commissions
Role of Civil Service Commission
Prior Attempts to Revise the Charter
- 1970 & 1971
- 1980 & 1983
- 1984
The 0.!!'I'ent System
L Status
The Charter currently provides for only two kinds of status; Civil Service or Exempt.
Most of the City's General Managers are part of the Civil Service system. However,
the following seven are exempt: (See Attachment A for a complete listing of all
Departments.)
Department of Airports
Chief Legislative Analyst
City Administrative Office
Commission on Ethics
Department of Harbor
Public Works Contract Administration (Inspector of Public
Works)
Department of Water and Power
IL Appointing Authority
The appointing authority for General Managers is either the Mayor (with Council
approval), or the Board of Commissioners. Generally, the Mayor is the appointing
authority for those departments wherein the Commission is not the legal head of the
Department (i.e. Building & Safety, Planning, etc.), or if the Department was created
by Ordinance (i.e. General Services, Transportation, etc.). Conversely the Board of
Commissioners makes the appointment if the Commission is the legal bead of the
Department (i.e. Police, Fire, Personnel, etc. See Attachment A for a complete
listing.)
m. Disciplinazy Process
Of all the elements of the current personnel system affecting General Managers, the
manner and means of imposing discipline are the most complex. Those General
Managers appointed by the Mayor are subject to discipline by the Mayor, and those
appointed by Commfasions are disciplined by the Commissions. In most, but not all
cases, if the Mayor is the d isciplinary authority, any action must be confirmed by the
Council.
In some cases, the only type of discipline provided by the Charter is discharge. In
other cases additional action, such as a suspension, may be imposed
None of the seven exempt General Managers may appeal disciplinary action to the
Civil Service Commission. All of the remaining General Managers may submit an
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appeal. However, in some cases the Civil Servic.:. Commission ser.,es only as a fact­finding,
investigatory body. In others, the Commission may exercist its full discretion
to sustain or reject the discipline.
Options For Reform
L Status
Although the notion of contracting for General Managers has been suggested, we
believe there are only two feasib le options to consider; Civil Service status or
Exemption. All of the Charter amendments considered since 1970 have exempted
the General Managers from Civil Service. Although this provides the most flexible
and straightforward system, it has also been one of the most controversial of the
suggested changes.
Options:
1.
2.
Provide Civil Service status.
Exempt from Civil Service.
Il. Appointing Authority
All but the 1970 & 1971 Charter revisions have designated the Mayor as the
appointing authority for ·all General Managers. This is clearly the most direct
approach, but most of the Commissions who currently exercise such authority have
objected to the change.
Options:
1.
2.
3.
Mayor is Appointing Authority with consent of Council.
Commissions which are heads of departments retain Appointing
Authority.
Mayor is Appointing Authority, but give Commissions a role in
selection process as an application review committee or as a screening
interview panel.
IIL Special Qualifications
The Charter currently provides that the General Manager of the Department of
Water and Po wer " ... shall have recognized ability and broad experience in hydraulic
and electrical engineering and the economics of water and electrical utilities." In
addition, the Charter states that the City Engineer " ... shall be a civil engineer of not
less than five years professional experience ... "
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We have interpreted these provisions to mean that each of th'!se individuals m t:st be
a registered professional engineer. We raise the issue at thfr point, because some of
the earlier proposals for reform deleted these requirements. This deletion,
particularly with regard to the Department of Wate r and Power, created substantial
controversy.
IY: Discipliruu:y Process
As described above (and outlined in greater detail in Attachment A) the current
disciplinary process is q uixotic. Earlier proposals for reform have conferred
disciplinary authority upon the Mayo r and Council, and have provided for the full
range of disciplinary options (i.e. suspension as well as di sc harge). These attempted
reforms have been challenged as creating a co nduit for spoils and patronage to creep
into the syste m . In addition, most Commissions wh o currently possess the ability to
impose discipline have objected to redirecting this authority to the Mayor and
Council.
Options:
1.
2.
3.
4.
Mayor with concurrence of Council can discipline.
Council can initiate disci p line without Mayor consent.
If Commission is made Appointing Authority, empower that
Commission with disciplinary role.
Consider role of Civil Service Commission in reviewing, investigating,
or con curring in proposed discipline.
Prior Attempts to Revise the Charter
Amendments to the Charter which would have revised the current system of selecting and
disciplining General Managers have been placed on the ballot in 1970, 1971, 1980, 1983, and
1984. Each has been ra ther narrow ly de feated (i.e. "Aye" votes have ranged from 46.3 % t o
48.2% ). Although a number of specific provisions of each proposal generated some
comment and controve rsy, the claims of "spoils" and "patronage" were the primary reaso n
a majority of the electorate voted "no".
We have mentioned the 1970 and 1971 elections because they were unique. The p roposals
at that time were embodied in a major reform of the entire Charter. These proposals would
have streamli ned the Charter and, if nothing else, reduced it from over 560 pages, to
something less tha n 200. Essentially the same Charter reform package was presented to the
voters on each occasion; the November General election in 1970, and the Municipal election
the following M ay. The sections dealing with selection and discipline of General Managers
were but a small part of the proposed reform. However, analysis after the vote on e ach
of these failed attempts suggested that the provisions relating to exemption of General
4
Managers caused the voters to reject the entire package.
The 1980 and 1983 proposals would have created a Management Personnel System, or an
Executive Service. Each was the outgrowth of an Intergovernmental Personnel Act (IPA)
study and an analysis of the City's personnel system conducted by Arthur Young and
Company. Each of the proposals would have created a comprehensive personnel system for
department heads, assistant department heads and division chiefs. General Managers would
have been exempted from Civil Service, and an extremely fle:xlble executive service system
would have been established at lower levels throughout the City.
In 1984 a somewhat different approach was attempted. To help direct the voters' focus on
the most significant element of change, the Charter amendment only addressed the
exemption of general managers. As before, the proposal provided for recruitment and initial
screening by the Personnel Department, and selection by the Mayor with the concurrence
of the Council. The disciplinary system contained checks and balances to help engineer
political patronage out of the system.
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SU111111ry of
Current Selection end Removel Process
for
General Menagers end Bureeu Heeds
····-Stetus---- ---------------- ----------Discipline--------------------- -----
CCX6lCil Appeal to
Civil Appointed Di sci pl i ned Li11its of Approva l Cf vi l Svc
Department Service Exetrpt By By Diaclpl ine Reqd Ccmnission
---···- ---- ------------- -------- ------------ ------------- -------------------- -------- ----------···
Ag ing x Meyor Meyor Disch & Susp Yes Full Appeal
Airports x Ccmnission ConiiHfon Di sch Ir Susp llo llo
Ani111el Regul et ion x Meyor Meyor Discherge Only Yes Investigation
Building & Safety x Mayor Meyor Discherge Only Yes Investigation
Chief Legis Analyst x CCX6lCil COl.R:fl Df ch1rge Only Yes llo
City Adnin Officer x Mayor Mayor Dfch1rge Only Yes llo
City Cleric x Meyor Meyor Di ch Susp Yes Full Appea l
City Elll>l Retirement x Ccmn i ssion Ccmnission Disch Ir Susp 110 Full Appeal
City Planning x Mayor Mayor Dich1rge Only Yes Investigation
Ccmnission·El!l>loyee Rel x Conmssion Ccmniaslon Disch & Susp No Ful l Appeal
Ccmnission-Ethics x Conmssion Ccmniasfon Disch & Susp No No
Ccmnission-H1.1111n Rel x Conmssfon Ccmnlaslon Disch Ir Susp No Full Appeal
Ccmnission-Status Women x Conmssion Ccmnission Disch & Susp No Full Appe1l
COftll'lllity Deve lopment x Mayor Mayor Dich & Susp No Full Appe1l
Cultur1l Affeirs x Mayor Mayor Discherge Only Yes lnvestig1tion
Envirormental Affairs x Mayor Meyor Disch Ir susp No Full Appell
Fire x Ccmnission Ccmniss fon Disch & Susp No Full Appea l
Gener1l Services x Mayor Mayor Disch Ir Susp Yes Full Appeel
Harbor x Ccmnission Ccmnission Disch & Susp llo llo
Housing Pres & Prod x Meyor Meyor Disch & Susp llo Full Appell
Information Services x Meyor Meyor Disch & Susp Yes Full Appell
Libr1ry x Ccmnission Ccmnissf on Disch Ir Susp llo Full Appe1l
Municipal Auditori~ x Meyor M1yor Disch Ir Susp Yes Ful l Appel l
Personnel x Comn I 11 I on Comn I 11 I on Disch & Susp No Full Appe1l
Pol fee x Cocnnf 11 f on ConafHfon Disch & Susp llo Full Appe1l
Pol ice Fire Pensions x Comn I as f on Conmhaf on Disch & Susp No Full Appell
Pub Wies - Contract Ad x Cocnnf as ion Cocnnlssfon Disch & Susp No llo
Pub Wies - Engineering x Conm isslon Conml sa I on Disch & Susp No Full Appeal
PIA:> Wks - Sanitlt ion x Conmissfon Coani 11 I on Disch & Susp llo Full Appe1l
Pub Wies - St Lighting x Ccmn i ss f on Conml11lon Disch & Susp No Full Appeal
Pub \lks • St Maintenance x Cocnnf11fon Cocnnlulon Disch & Susp No Full Appeal
Recre1tion & Parks x Cocnnl11ion ConmlHlon Ditch & Susp No full Appeal
Sociel Service x Mayor Meyor Discharge Only Yet Investigation
TelecomTUnications x Mayor Mayor Ditch & SUsp llo Full Appeal
Transportation x Mayor Mayor Ditch & Susp No Full Appeal
Treasurer x Mayor Mayor Disch & Susp Yes Full Appeal
Water & Power x Cocnnission ConmlHlon Df ach & Susp No 110
ATTAC HMENT A
•
1
Summary of
Current Select ion and Removal Process
!QI
General Managers and Bureau Heads
General Managers With Civil Service Status
A. The General Managers of the following Departments are covered under
Charter Section s 70c and 79b:
An imal Regulation
Bu ildin g and Safety
City Plan ning
Cultural Affairs
Social Service
Appointments under Section 70c are made by the Mayor from among
the names of the top-scoring eli gibl es in a Civi l Serv ice examination, and
are subject to confi rmatio n by the City Council.
Removal under Section 79b is initiated by the Mayor who has only two
choices --- do noth ing or d ischarge the employee. Th is Section does not
perm it the Mayor to suspend the General Manager. The Mayor's action
to discharge is subject to Council approval, fo llowing an investigation by
the Board of Civi l Serv ice Comm iss ioners.
B. The General Managers of the following Departments are appointed under a
number of d ifferent Charter and Administrative Code Sections and are covered
under Charter Section 112 for discipli nary purposes:
Ag in g
City Clerk
General Services
Information Services
Municipal Auditorium
Treasurer
Appointments are made by the Mayor from among the names of the top­scoring
eligibles in a Civil Service examination, and are subject to
Council confirmation , similar to the group in A above.
Discipline or removal of the General Managers, however, is covered
under Charter Section 112. This Section describes the Civil Service
disciplinary procedures which allow for suspension as well as discharge.
ATIACHMENT A 2
•
It provides that d ischarges (subject to confirmation by the City Council),
and suspensions over 5 days, may be appealed to the Board of Civ il
Service Commissioners which may confirm the discipline or mandate that
the d isci plinary action be vacated.
C. As in Section B above, the General Managers of the following Departments
are appointed under a number of d ifferent Charter and Adm inistrative Code
Sections, and are covered under Charter Sectio n 112 for disciplinary purposes,
w ith the exception that Council approval is Q.Q1 required for removal.
Community Development
Environmental Affairs
Hous ing Preservation & Production
Te lecommunications
Transportation
D. The General Managers of the following departments are covered by
Charter Sections 70a & b, 503, and 112:
Library
Pensions
Personnel
Recreation and Parks
Retirement
Aooointment of these General Managers is made by the Boards of
Commissioners which act as the head of the respective department. All
appointments are made from among the top-scoring eligibles in a civil
service examination.
Discipli ne or removal of these General Managers is administered by the
respective Boards of Comm issioners under the Civil Service provisions of
Charter Section 112, as described in B above.
E. The Chief Engineer of the Fire Department and the Chief of Police are
covered by Charter Sections 70b, and 134 and 199, respectively.
Appointments to these positions are made under Charter Section 70b by
the respective Board of Commissioners from among the top-scoring
eligibles in a Civil Service examination.
Discipline or removal is administered under Charter Section 134 for the
Chief Engineer of the Fire Department and Section 199 for the Ch ief of
Police. In both cases, discipline is initiated by the Board of Commis­sioners,
and it must be based on a "guilty" finding on charges of specific
acts committed or omitted within one year prior to the disci plinary action.
ATIACHMENT A
The employee involved has the right to appeal the d isciplin ary action to
the Board of Civil Service Commissioners, acting as a "Board of Rights ."
Sa id Board has the authority to sustain or overrule the proposed disci pli­nary
action or to order such different penalty or disciplinary action as it
considers appropriate.
IL General Managers Who Are Exempt From Civil Service
A. The General Managers of the following departments are exempt from the
Civil Service provision of the Charter:
Airports
Harbor
Water and Power
Appointments of these General Managers are made by the ir respect ive
Boards of Comm issioners. They are exempt from Civil Service and serve
at the will of the Comm issions. The Mayor and the City Council are not
involved in this selection.
Disciplin e or removal of these General Managers is administered by the
Board of Commissioners of each department. The se General Manager
positions are exempt from Civil Service and, therefore, have no appeal
process. The Mayor and the City Council are not involved in discipline .
B . The City Administrative Officer is appointed and removed under Charter
Section 50.
Appointment is made by the Mayor, subject to confirmation by a majority
vote of the City Council.
Removal of the CAO may be initiated by the Mayor with the approval of a
majority of the City Council, or by the Council on its own initiative by a
two-thirds vote, without the consent of the Mayor. There are no provi­s
ions for suspension or discipline other than removal from the position.
C. The Chief Legislative Analyst is appointed by a 2/3 vote of the City
Council. Discharge is the only form of discipline provided, and it can only be
imposed by a 2/3 majority of the City Council.
ATTACHMENT A
1!1 Public Works Bureau Heads
Further complicating the Executive Selection and removal situation are the
Department of Public Works bureau heads . Only the City Engineer and the
Inspector of Public Works (i.e . the Director of the Bureau of Contract Adminis­tration)
are referenced in the Charter.
The City Eng ineer is selected by the Board of Public Works from among the
highest scoring eligibles in a civil service examination . He or she may be
removed from office or otherwise disciplined by the Board, subject to the civil
service provisions of the Charter.
The Inspector of Public Works (Director of the Bureau of Contract
Administration) is referenced in Sections 111 and 232 of the Charter which
provide for selection by the Board of Public Works. This position is exempt
from Civil Service and serves at the pleasure of the Board. No provision is
made for review by or appeal to either the Board of Civil Service
Commissioners or the City Council.
None of the other bureau heads are specifically identified in either the Charter
or the Administrative Code. They are selected by the Board of Public Works
from among the highest scoring eligibles in civil service examinations . They
may be removed from office or otherwise disciplined by the Board, subject to
the same civil service provisions as may apply to the City Engineer or other City
employees .
OC Special Commissions
The Directors of the following special Commissions and Boards are appointed
under a number of different Charter and Administrative Code Sections. All but
the Executive Director of the Commission on Ethics are covered under Charter
Section 112 for disciplinary purposes.
Employee Relations Board
Ethics (Exempt)
Human Relations
Status of Women
ATIACHMENT A