Review targets cop policy

Union officials’ concern with rounding down scores of Newport Beach police promotional candidates reflects only the beginning of what consultants will consider when they investigate the promotion process in coming weeks.

According to the proposed scope of the investigation, a hired consultant will review the department’s promotional process, which is meant to “attract to the city the most competent persons available, assure appointments and promotion of employees will be based on merit and fitness; and to provide reasonable security for employees.�

Critics claim that the process has been twisted and now “allows individuals to exert greater discretion than is warranted ... marginalizing the objectivity necessary for the process.�

The investigation will also look for evidence that the process disregards provisions of the city’s municipal code and civil service board rules. If so, the consultant is expected to propose solutions.

The investigation parallels some complaints leveled by Sgt. Neil Harvey, a 27-year veteran in the department. He is suing the city because he claims he was held back from promotion after false rumors of his being homosexual tainted his chance to become a lieutenant.

The investigation is expected to address seven main concerns, some more significant to the process than others.

Union officials are looking for feedback on the city’s practice of bringing on retired officers part-time after they’ve retired. The practice brings experience onto the force inexpensively and can fill a vacancy in the department that would otherwise be filled by a promoted officer, officials said.

The agreement, known as a Continued Employment Agreement, is in violation of city regulations and City Council policy, according to a civil service board staff report.

Officers have also pointed to one alleged incident in which Chief John Klein, who selects which officers to be promoted, sat in on the oral exam of one candidate. Candidates are ranked based on three sections — a written exam, oral interview and evaluations by superiors.

Union officials are concerned that if the chief is involved in any part of the exam, it might compromise his objectivity.

In another bit of dispute involving the chief, he was apparently appointed to the position through a closed hiring process, meaning the job search was limited to Newport Beach police department captains. According to one interpretation of City Municipal Code 2.24.100, this violates city policy. The code states, “The selection of the police chief and fire chief shall be made by the city manager from among the candidates whose names appear on an open employment list for the class.�

What “open list� means and what, if anything, should be changed will be recommended by the investigator.

Finally, outside of ordinance language minutiae the consultant will look at, is the concern that the promotional rankings from the first half of 2006 were discarded when Klein took over for former Chief Bob McDonell.

The civil services board is expected to select its investigator within the next two weeks.

IDEAS FOR REVIEW

 Whether it should be OK for the police chief to sit in on oral interviews between a promotional candidate and neutral, third-parties scoring him or her.

 If “Whole Number Scoring,� by which candidates’ scores are rounded down and appear equal, should continue.

 If the “Rule of Eight� making all candidates not ranked in the top eight ineligible for the position is fair and objective.

 If the manager exceeded his authority by entering into Continued Employment Agreements with retired officers.

 If an original 2006 promotional list was unfairly vacated during the transition of police chiefs.

Reporter JOSEPH SERNA may be reached at (714) 966-4619 or at [email protected].