REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Amending the City’s Civil Service Rules and Regulations
Report
BACKGROUND
The Civil Service Rules and Regulations are the general personnel practices and procedures for classified employees in the City of Sunnyvale. They govern the administration of the City's Civil Service System in accordance with Article 1105 of the City Charter. The Civil Service Rules and Regulations are adopted and amended by the City Council and were last amended in 2016.
EXISTING POLICY
In accordance with City Charter Article 1008(c), after a public hearing, the Personnel Board shall recommend to the City Council the adoption, amendment, or repeal of the Civil Service Rules and Regulations.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
In November 2024, the Human Resources Department (HRD) initiated a comprehensive review and update of the City of Sunnyvale’s Civil Service Rules and Regulations (CSRR). The last major revision to the CSRR was done in 2016, and since then, policy and practice changes have occurred. As part of HRD’s ongoing efforts to ensure City policies are comprehensive, clear, and aligned with best practices, we have proposed updates to the CSRR to clarify language and streamline requirements.
Proposed revisions include:
• Clarify and simplify language where possible, use gender neutral language, match memorandum of understanding (MOU) language where there is a variance, rearrange sections to be clearer, and remove duplicative sections.
• Clarify that the positions of Assistant City Manager, Deputy City Manager, and all Attorney classifications are not classified positions and are therefore excluded from the CSRR.
• Update the Reasonable Accommodation section to reflect recent changes to policy and laws.
• Update the Nepotism/Employment of Relatives section to include the Executive Leadership Team.
• Update the Transfer recruitment section.
• Include additional reasons for Disqualification from recruitment (not selected in prior three months for continuous recruitment, no violation of harassment prevention policy).
• Clarify Veterans’ Preference to include Active Military.
• Update the Certification section.
• Update probationary appointment section to clarify months (vs. pay periods) and recent side letter changes/requests for probationary evaluations.
• Include failure to meet minimum qualifications and lack of attendance as potential reasons for disciplinary action.
The proposed revisions to the Civil Service Rules and Regulations were shared for review and comment with the Executive Leadership Team on January 21, 2025, and with all the City's bargaining units on February 4, 2025. The Sunnyvale Employees' Association (SEA)/Local 21 IFPTE and the Sunnyvale Managers' Association (SMA) requested to meet and confer over the proposed revisions. HRD met and conferred with representatives from SMA on February 26, 2025, and SEA on March 4, 2025, to discuss their questions. Other than the comments provided by SEA and SMA, none of the other City bargaining units provided comments.
On March 25, 2025, HRD emailed the proposed revisions to the Civil Service Rules and Regulations to the Personnel Board for review and consideration. On May 19, 2025, the Personnel Board held a public hearing, reviewed the proposed revisions (listed above), and unanimously recommended approving the changes. Therefore, the City Council is requested to adopt the resolution approving amended Civil Service Rules and Regulations.
FISCAL IMPACT
There is no fiscal impact related to the adoption of the resolution.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Adopt a Resolution amending the Civil Service Rules and Regulations as recommended by the Personnel Board.
2. Do not adopt a resolution amending the Civil Service Rules and Regulations as recommended by the Personnel Board.
3. Provide alternative direction to staff.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Adopt a Resolution amending the Civil Service Rules and Regulations.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Delanie LoFranco, Human Resources Manager
Reviewed by: Tina Murphy, Director, Human Resources
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Civil Service Rules and Regulations with redline changes
2. Draft Resolution with Exhibit A (Clean version of amended Civil Service Rules and
Regulations)