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HomeMy WebLinkAbout0426 ORDINANcn'UJ- _~.....~ . ~ 426 ' AN ORDINANCE OF THE CITY COUNcIL OF THE CITY OF ARCADIA y~}~ ' CREATING AND ESTABLISHING A PERSONNEL SYSTEM'FOR SAID CITY. . / iP /' v"! . /'+;:./.n,...,.... .V[k~{,-,,).' -' :.!.;-::".", FOLLOWS: THE CITY COUNCIL O~ THE CITY OF ARCADIA DOES ORDAIN AS SECTION'l.-"ADOPTION OF PERSONNEL SYSTEM. Pursuant to the authority granted to the legislative body of ,any city within the State of California, under the provisions of Chapter 48, Statutes of '1935, and in order to establish an equitable and 'uniform procedure for dealing with personnel matters through a department ~f personnel, and to place . " municipal employment on a merit basis so that the best qualified persons a~ailable shall be brought ,into the ~ervic~,of the City, the .following personnel system is hereby adopted. SECTION 2:-DEPARTMENTOF PERSONNEL. There is hereby created a Department' of personnel which shali consist of a Personnel Board and Personnel Clerk. The ~ersonnel Board shall consist of five (5) members to be appointed by the City Council., 'The first Board tote appolnted shall, at.its first meet'ing, so classify its members ,by lot that one .shall serve'~or,aterm which shall expire April 1" '19~1, two shall ,serve for terms' which shall expire April 1, 1942, and two shall,serve for, terms which shall expire April I, . '. .' . t.: .. 1944. At the expiration of each of the terms so pro~ided for, a successor shall be appointed by the City Council for a term of four years. Vacancies on the Personnel Board from whatever cause, shall be filled by appointment by, the CIty Council for the un~xpired term. Each member of the Board shall 'serve until his successor is appointed and qualified. A four-fifths (4j5ths) vote of 'all the memuers of the City Council shall be' required to appoint a member to said Board or to fill any, vacancy thereon orto remove any niember of said Board from office prior to the expiration of' h,1s' term of offioe. The members of the Personnel Board shall be residents of the City of: Arcadia for a continuous periofr of at least one year immediately , preceding appointmen,t to said Board, Shall be qualified electors of said '. I' ~ . City~ and shall serve without'compensation~ No ,person shall be appointed to said Board who bolds any salaried public office or employment nor shall any member, while a member of 'the Board or for a period of one -1- c1/fcl 1/;1 ~ - ,years after he has ceased ,for any reason to'be a member, be. eligible for appointment to any salaried office or employment in the service of the C~ty or any City elective office. , SECTION 3.. -DUTIES OF THE PERSONNEL BOARD. The Bensdnnel Board shall determine the order of busines's for the conduct of its meetings, and shall meet regularly if so required by the ruies, or on call of the Chairman or three 'members' of the Board. Three members of the Board shall , , constitute a quorum for the transaction o'f business. The' functions of the Board shall, be:. (a) To consider and recommend to 'the City Council a set of rules and'regulations to supplement this Ordinance and revisions and amendments thereof. ~ll rules and regulatiops so recommended shall be consistent with the provisions of this Or~in~nce. (b) To ,act ,in an advisory capacity to the City Council on problems, concerning Pers<m:al administration. ' (c) As provided by this Ordinance and' by rules, to hear appeals submitted by any person i~ the competitive service relative to any situation connected with his employment status or condition of.employment. Upon the conclusion of any such hearing the Personnel Board shall certify to its findings to the City Council and make such recommendations' as it may deem warranted, and the City ~ouncil shall consider s:uch'recommendations in any decision it may make. (d) In any investi~ation or, hearing conducted by the Board, it shall have the power to examine witnesses un~er oath'and compel their attendance or the production of evidence before it by subpoenas issu~d in the name of the City and attested by the C.i,ty Clerk. It shall be the duty of the Chief of Police to cause all, such subpoenas to, be served and refusal of a person to attend or' to testify in: answer to such a subpoena shall subj~ct said person to prosecution in the same manner set forth by law for failure to appear before. the City Council iIi response to a sub- poena issued by the City Council. Each" 'member of. the Personnel Board shall have the power to administer oaths to witnesses. (e) To hold hearings and make recommendations to'the City Council on the 'adoption or revision of the position classification plan. -2- ClA.C/, , ,y',2'6 --. \. , , , The City Council'shall adopt'a position classification plan and class specifications and reyisions thereof, allocate and re-allocate positions in the competitive service to classes. SECTION 4. -PERSONNEL CLERK. The City Council shall appoint . a personn€!l Clerk whose duty it 'shall be to act in the capacity of Clerk for the personnel system. The duties of the office of Personnel Clerk may be combined with those of any other' O.ffice in the ,event the work involved does not warrant, in the ,discretiol1 of the City Council, the creation' of a special position. The Personnel Clerk shall:. (a) Be the custodian of all perso~nel reco~ds and shall be the official upon or with whom all notices ',requests for hearing's , com- plaints and other offieialdocuments shall be served and' filed. (b) Attend'aU meetin~s o,fthe Personnel Board. " (c) Admin;l.ste.r all provisions of this Ordinance and the rules established hereunder, not specificall~ reserved to the City Councilor the Personnel'Board. (d) Under the di~ectionof the Personnel Board, to prepare rules, and revisions and amendments thereof, for the consideration of said Personnel Board. b (e)' Under the directiol1 'of' the Personnel Board, to prepare a position classification plan and.class speCifications and revisions thereof, for the consideration of 'said Personnel Board. SECTION 5- COMPETITIVESE.RVICE. The provisions of this Ordinance' shall apply to: (a) All appointive persons who are full time employees of the Police Department of the City, except the Chief of Pol~ce. (b! All appointive persons who are fuilil time employees of the Fire, De partment of. the City, ,except the Chie'f of the Fire Department. SECTION 6.-ADOPTION OF RULES~ . In addition to such other matters as may be ,necessary and proper to carry out.th\'l intent and purposes of This Ordinance, rules shall be formulated by the Personnel Board, and shall be adopted by the CityOouncil establishing specific procedure to govern the following phases of thepersonne l' program: (a) 'The preparation; installation, revision and maintenance -3- . (2/f.d ~:zt ..., of a position classificat~on plan cov~rlng all positions in the com- petitive ser~ice. (b) The formulation of minimum standards and qualifications for each class. of position"provided ho~ever that said standards and 'lualifications shall. require. that any applicant f?r any of the classes of position shall: (1) Have ,an educat~on equivalent to that represented by. completion of the twelfth grad.e; (2) Be a qualified voter of ,the state of California in order to be eligible for examination for said competitive service; (3) In order to be eligible for appointment to competitive service employee must be a resident of said City, and in order to remain eligible 'for said employment, shall continue to be a resident of said City during the term of, employment; (4) The minimum age for appointment as police- man or fireman shall Qe twenty-one (21) and 'the maximum age for such appointment 'shall be thirty (30); provided that ,said maximum age shall not apply to promotional examinatioI:1s or appoint!J1ents 'within the respective 'Departments. (c) The pUblic anno~(:ement of vacancie's and examinations and the acceptance of' applications for employment. . ,.(<:1)' The preparation' and' conduct of, examinations and the establishment and use of employment lists containing name,s, of persons eligible for appointment. (e) The certification and appointment of persons from employ- ment lists to fill vacarcies and'the making 'of temporary and emergency appointments. (f) The evaluation of employees during the probationary period. (g) The transfer,'promotion, demotion and reinstatement of employees in the competitive service. (h) The separation from the service of employees through' lay-off, suspension, dismissal and f'or:l.ncapacity to perform required duties, (i) The standardization of hours of work, attendance' and leave regulations, workin~ conditions and the development of employee, morale, welfare and training. (.i) The maintenance and use of necessary records and forms. SECTION 7. APPOINT1lliNTS. Appointments to vacant positions in -4- ()Ad ..(/.;2'6 ~be competitive service shall be Y', ,made in accordance. ,.ith the rules , . established hereunder ~d 'f;om employment'l1stlil resulting 'from competitive examination, or by' pr~motion,'transfer"demotion or reinstatement. Appointments shall be made by the CitY-CoUncil" or by the officer in whom the 'power to make appointments is ,v'ested by law. If appointment is to be made from,employme~t or promotional ~ '.' '. lists, the names of persons williIlg to, accept; appointment shall be c~rtified by the Personnel Clerk in .tb,e .order in whicb they.appear on the lists. The number of names 'certified shall exce'ed by two the number of vacancies to be filled. In the absence of 'ap~ropriate .,employment .lists" l;ltemporary . appointment may be made by the appointing ,pQwer of a ,person meeting the' minimum, qualiflcations' for ,the position, prov~ded, h?wever,that.an emploY1;Jlent list shall be establis~ed for such,position within ninety days. :No person shall be employed by the'City under tempor~ry appointment for a total of more than ninety days..inany.fiscal year. In the event of '. ' , emergency, the ~pointing power may appoint such persons as are required . .., .' . . to meet the situation, but' such appointment,s: shall not exceed f.ifteen working days. " No credit shall be ailowed in'the giving of any examination or the establishment of 8rJ.y employment. or prombtional lists, for service rendered under a temporary appointment. During the period of suspension of any employee, or pending final action on procee~inBs to review the suspension, demotion or:dis- . . missal of any employee, the vacancy c-reated may be filled by the appoint- ing power only by temporarY,appointment. SECTION ,8. PROEATIONARY,PERIOD. 'All original and promotional appointments shall be for ?-probationa'ry period.of six months during which the employe,e may be reje,cted at any time w.ithqut right of'appeal or bearing ~n any mann~r. . An employee, rej'ected during the probationary period from a position to which he has been prOm?ted s,hall l:i'~' relnstated to the position , , from which be was promoted, unl~ss charges are filed and he is discharged 'as provided in this Ordinance. and the rules. -5... . , ' . OAcl /j.;16 ..' SECTION 9. -GHIEF OF THE POLICE DEPARTMENT. The 'Chief of the police Department shall'be appointed by the City Council 'from among the members of the police Department of the City of.Arcadia, and after the appointment shall, be removed at the .pleasure of the City Council. The dismissal or removal of the Chief of the Po,l~ce Department. from office shall not accomplish his dismissal from the Department, and upon such dismissal as Chief of Police, he shall be restored to the rank and grade held by him prior to his appointment as Chief of the Police Department. SECTION 10. -CHIEF OF THE FIRE DEPARTMENT. The Chief of the Fire Department shall be appointed by the City Council from among the members of the Fire Department of the City of Arcadia, and after the . ,'" ) appointment shall be removed at the pleasure'-of the City CoUncil. The dismissal or removal of the Chief of the Fire Department from office shall not accomplish his dismissal from the Department, and upon such dismissal as' Chief of the' Fire Department, he shall be restored to the rank and grade held by him prior to his appoin~ment as Ghief of the Fire Department. SECTION 11. -STATUS OF PRESENT EMPLOYEES. Any person holding , a position or employment includ'ed in. the competitive service who; on the effective date of this Ordinance, shall have served continuously in such position, or in some other position included in the competitive service, for ,a period or' at least .six months inunE?diately prior to such effective date, shall.assume regular status in the competitive service in tbe position held on such effective date without preliminary examination or working tests and shall thereafter be subject in all respects. to the provisions of this Ordinance. Any other persons holding Fositions or employments in the competitive service shall be regarded as 'holding their positions or employments as problp.t :oners who are serv.ingout the balance of their probationary periods before obtaining regular 'status. In the evept the person holding the position. of Chief of the Police Department upon the effective date of this Ordinance shall have served said Department continuously in that positionf6r a period of at least six (6) months inunediately prior to such effective date, he shall -6- ()/ld ,t,/;?6 '.... assume regular status in the' competitive service as Captain in said' , Police Department without preltminary examination or working t.ests 'and shall thereafter be subject' in all r.espects to the provision.s of this Ordinance. " In the event the person holding the position of Chief of the, " Fire Department upon the 'effective, date 6~ this Ordinance shall have' served said Department contiri~ously in that 'position for a Period of at '. . least six (6)months :1.nimediateiy prior,to such effective date, he shall assume regular status in the competitive. service as Captain in said F~re Departmentwith6ut,,prellminar,Y e:Xamination or working tests and shall thereafter, be ,subject ,in ali-'r~spects ,to the proVis'lon's' of this Ordinance. . SECTION12.~POWERS OF:THE,CITY COUNCIL. ,The City Council and any otber, officer'in whom. ,is .ves'ted by law~the. p'oVler to make transfers, promotions, demotions,reinstil-tements, lay-offs, and to suspend or dismiss employees, ,shall retain such power, subje~t to the provisions o'f this Ordinance and the 'rules estab;J.ished herem;lder~it' .being' the intent and spirit of, this 'Ordinan'ce to provide a fUr and' just approach to municipal " employmept, in order that,city, employees may qe selected and promoted on a merit basis, but, in' no sense to impair 'tne efficienc~ of the public service. Any person boldfng a pos.it~on or empl\?yment in ,the competitive service shall be subject to sllspension witho;"t pay by, the appointing '. , powe:r an? w~thout right of appeal, but such suspension shall not exceed a total of thirty days, in aT}.Y fiscal y,ear.', SECTION 1:5., -REMOvAL O~, SUS.PENSIONOF ENiPLOYEES. Every officer and, employ:ee in. the ~ompetiti ve service shall, 'retain his office or ,e~ploy- ment so long as it exists under the~ame or a differe'uttitle,'duririg good behavior, and shall'not besuspended, q.n~d, de~~ted,'rem9ved~ reduced in compensation .as' a punis,hme~t Or .other:'lise penalized, 'except as 'in. this Section provided. This 'Section is subject however, 'to "ev~ry provision of the Constitution, 'and appli~able State .st~tutes d~SigD.ati~gagen?rai ground or general grounds of forfel ture of' ~:'fic~ . or'l?mployment i 'or imposing a criminal liability.: No.,person who"shall have served the probationary '-7-. ' , . {//!c/1/..2' 6' .,: period in a permanent office or employment as hereinabove provided for . , . sha;l.l be removed therefrom or penalized therein except on'written charges by the City Councilor a\'pointing officer, such written charges shall . L' .' be specific'as to time, place andcircums'tances, and'after'opportunity to be heard in his ovm defense personally or by counsel. Pend~ng such hearing the appointing authority may suspend the accused .for not more than thirty (30) days, unless the hearing be delayed beyond that time by act of the accused. A copy of the charges, and place of hearing' shall be given the accused personally or shall be mai~ed to him by registered mail at his last known address by the 'Personnel BO'ard not later than ten (10) days before the hearing. If,he fans~ to appear. thereat without showing good cause for such failure to appear, 'he may be. dismissed without further proceedings. If he appears a tthe time and place set, the Personnel Board shall pubiicly hear the charges and within ten (10) , ' days after concluding SGid hearing the Personnel Board shall certify its . findings to the City Council together with its recommendation that'the accused be exonerated, reprimanded, fined, suspended, dem'oted or dis- missed. The CitY'Councilmay then affirm, revoke or modify the action taken as in its judgment sha'll seem,war,r.anted. The Personnel Board shall hear and act on 'every signed written complaint, specific as to time, place ~d circumstance, filed against an officer or employee. Any penalty herein provided for may be' imposed for incompetence, habitual intemperance, immor,al 'conduct, insubordination, repeated discourteous treatment of the publi_c, dishonesty, conviction of a felony~, inattention to duties,,~ngaging in prohibited political activit!, or other ground of penalty of forfeiture specified by' the Constit,ution.,. The provisions of this Section ,shall not apply to reductions in pay which are part ofa ;~eneral plan to reduce sala:[>i~s and \'/<g'es as an economy measure or as part of a general curtailment program~ , Nothing herein shall restrict the right to make bona-fid~ " reductions in force ortb enact legislation requiring retirement for , . . . disability or a,se. SECTION 14. -ABOLITION OF POSITION'. Whenever, 'in the judgment' of the City Council, it becomes necessary i~ the interest "of economy or because the necessity for the position involved'no -8- 10nS\3r exists, the City ,au:,~ ,y,;16 1r' Co'uncil may abolish any position or employment in the competitive service and tbereby'reduce the personnel by' laying off employees. without the filing of written charges or without, the right of appeal. In, reducing said personnel and laying off any 'employee or employees through. the abolition , , - of position, the City CounCil shall observe tbe seniority rule. The name . ., of such employee or employees so layed off shall be placed at the top of the appropriate employment list or lists as'prdlvided by the rules. SECTION 15. -IMPROPER'PQLITICAL ACTIVITY. No person holding a position in the 'col!1petitive service shall seek or accept election, nomination or appointment as an officer of a county or municipal political , . . . " club or organization" o~ take an active part in, or make any contribution qr donation' to, any county ,or ,municipal po 11 tical campaign, ,or s'erve as, a member of a comrnittee ,of. such club or organization or 'circle, or seek signatures to any petition provided for by any law, qr'act aS,a worker at the polls, or distribute badges, or pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election, or' for nomination to a public office, whether county or municipal; provided, however, that nothing in this Ordi~ance shall be construed to prevent any such officer or employee from becoming, or continuing to be' a member of a political club or orgailization, or from ,attendance at apolitical meeting, or from enjoying entire freedom from all interference ,in casting his vote or from seeking or accepting election or appointment to a pUblic office, Any wilful violation thereof or violation 'through- culpa:tJ1e negligence, shall be sufficient grounds to aut)lOr-Lze the discharge' of any officer or employee. No person,'in the competitive service, or seeking admission 'thereto, shall be employed, promoted, demoted ,or discharged, or in any, way favored or discriminated against because of poll tical opinions or affiliations or because of race or religious be~ief~ . SECTION 16. ":,SOLICITATION OF CONTRIBUTIONS. No officer, agent, clerk or employee, under th~ government of the City and, no candidate for any city office shall, directly or indirectly, solicit or receive, or be in any manner concerned in. soliciting or receiving any assessment, sub- scription or contributfon~ whether voluntary or involuntary, for any -9- {J .MI... ~.L 6 ...- '...., political purpose whatever, from anyone on the employme~tlists or,hold- ing any position under the provis ions of this Ordinance,. SECTION 17. -RIGHT TO CONTRACT FOR'SPECIAL SERVICE. The City Council shall contract with some' conpete~t"state or County agency for the performance by such agency of such technical service in connection with the establishment of the personnel system or with its operations, as may be necessary for:, (1) The public advertising of all examination. (2) Tbprovide and maintain eligibility lists for the various they seek to be appointed. SECTION 18. -APPROPRIATION OF FUNDS. The City Council shall appropriate such funds 'as are' necessary to carry ,out the provisions of this Ordinance. SECTION 19. ,-PENALTY FOR VIOLATION. Any person, firm or corp- oration violating any of 'the pr~visions of 'this Ordinance shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be punishable .' , by a fine of not,more than ~300;00 or by imprisonment in the City Jail of . the City of Arc'adia, or in the County Jail of the County of, Los Angeles, State of California, at the discretion of the committing magistrate, for a period not exceeding three ('3) months, or by both such, fine and imprison- ment. SECTION 20. - If any section, 'subsection, !lubdivision, sentene;e, clause or phrase of this Ordinance is, for aI).Y reason heJ.d to be un- constitutional, such decisipn . shall' not affect the validity of the remain- ing: portions of th,is Ordinance. . The City:Council hereby declar'es that it would. have passed this Ordinance, and each section, subsection, sub- division, sentence, clause antlphrase thereof" irre spec ti ve of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutio'nal,. l ~~;7~:~ e~o~v'<hs~~Ul;l':i~&n ~7Z:yi , , -10- 0 . , . .." .' . . '(J/lC'! I/:ti u~---~- -- -~-, I{ ,.- r.-_'......;;~-~'~' ~- - a y measur , necessary ~~ l~~~:~~n:; .t~~. ~~lit1)ace, . ~tl;1an ~ ~ t~ct~o~s"t~~~~<-r:~~.~g~e~:s: hat there' is a g~ unrest amon!t t~e~~~iQ;~_~t~l.l4l (). ~~:;~X th~ ~'i'-~~) F.M.e.-J)!}psme~t~\: l:;:~ity, respectin~ _t~ ~-\:k ~ ~~, . ~ (30, ~ a. <-4~ \ security o!-t??~r ,positfon irrespective the quali ~f the s:::~e ~ _ -'\/L>..*~ ~~ ~ ~c.""" ~~ \lL.l0 . re~ere~ and such unrest is detrimental to the effici ncy of the ~~rvice in said departments. \ SECTION 22. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the Arcadia Tribune and NeVIS,' a newspaper of general circulation" published and circulated in the City of Arcadia, and thereupon the same shall take effect and be in force. I hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the day of , 1940, by the affirmative vote of at least four Councilmen, to~wit: A?ES: Councilmen, NOES: ABSENT: City Clerk Signed and approved this day of ,1940. ATTEST: ~~ City Clerk. ./ . -11- (J1-C/. </.;? I