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HomeMy WebLinkAbout0431 , ORDINANCE NO. 431. AN ORDINANCE OF T.:irn CITY COUNCIL OF THE CITY OF ARCADIA CREATING AND ESTABLISHING A PERSONNEL SYSTEM FOR SAID CITY. THE CITY'COUNCIL OF THE CITY .OF ARCADIA DOES ORDAIN AS SECTION 1. -ADOPTION OF PERSONNEL SYSTEM. Pursuant S..;. ~~/I! . I!'e -$ "'''111:. ';J . ~ t ~ the .r-.r-. FOLLOWS: authority granted to the legislative' body of any city within the state of California, under the provisions of Chapter 48, Statutes of 1~35, , . ' and in order to'establisb a~ equitable and uniform procedure for dealing with personnel matters t):lro,ugh a department of pers,onnel, and to place municipal employment on a merit ,basis so.that the best. ~ualified persons available shall be -brought into' the' service of'the City, the following personnel system is hereby adopted,. SECTION 2. DEPARTMENT OF PERSONNEL. There is hereby created' a Department of Personnel which shall consist of a Personnel 'Board and , ' , Personnel Clerk. The Personnel Board shall consist of five (5) members to be appointed by the City Council.. The first Board' to be appointed shall, at. its first meeting, so classify its members. by lot that one .shall serve for a t.e~m which shall expire April' 1, 1941, two shall serve for teIims,which shall expire' April 1, 1942, and two. shall ser:,e for terms which shapexpire April 1,' 1944. At the expir.at ion of each of the terms 'so provided for, a succes,sor , , AMENDED . shall be' appointed by the City Couiicilfor a term of four. ye ars. ORD. No. Vacanc~e s" on 'tl:i~ 'personne I'Board from :nhatever cause, shaJ,l be4t., . , ' ., . , '. filled by appointment by the City Council for the unexpired term. Each member of the Board shall any vacan~y thereon or to serve until his successor is appointed and , ~ (4/5ths) vote of all the members of the City~~~~~~ " \)~\). to appoint a member to said Board or to fill '*} remove any member of said Board fr.om office qualified. A four-fifths Council shall be required prior to the expiration of his term of office. The members of the Personnel Board shall be residents of the IS.':ENDED o:u). No. .{...I.c..' , , City of Arcadia for a continuous period of at least pne ,year immediately preceding appointment to said Board, shall be qualified electors of said City, and shall serve without qompensation. No person shall be appointed to said Board who ,holds any salaried public ~ffice or employment. nor shall any member, while a 'member of the Board or -1- INDEXED for a period of one . dAC/ r~~'~ year 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 City or any City elective pffice. ~~roor . , ORD.~ SECTION, 3.-DUTIES OF THE PERSONNEL BOARD. ~ sh~/f determine the order' of business' for the conduct The Personnel Board of its meetings, and shall meet regularly if so required by the rules, or on call of the Chairman, or three members ,of ,the Board. Three members of the Board shall constitute a quorum for the transaction of business. The functions of the , Board shall be : (a) To consider 'and recommend to the City Council a set of rules and regulations to suppl~ment this Ordinance and reVisions and amendments thereof. All rules. and regillati,ons so recommendeo. shall ,be consistent with the provisions of this. Ordinance~ (b) TO act in an advisory capacity to the CitY',Gouncil on problems concerning Personnel administration. (c) As provided by this Ordinan~e and by. rules, to hear appeals. submitted by any person in 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 re'commendations as it may deem warranted, and the City Council shall consider such recommendations in any decision it may make. (d) In any investigation or hearing cond~cted by the Board, it, shall have the power to e,xam.ine wit.nesses, under oath and compel their attendance or the production, of evidence before it by subpoenas issued in the name of the City and att6sted by the City Clerk. It shall be the duty of the Chief of Police to cause all su~h subpoenas to be served arid refusal of a person to attend or to testify in answer to such a subpoena shall subject said person to prosecution in the same manner set forth by law for failure t9'appear before the City Council in 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 t\:':t::i)~i) (";;1. r.ln, City I{.../Jo Council on the adoption or revision of ' the position classification plan. ~~t~\)~~ (l\\l,)k'b \ a<'1 </3/ -2- Il-lP~ The City Council shall adopt a position classification plan and ,class specifications and revisions. thereof, allocate ,and re-,allocate positions in the competitive service 'to classes. " , SECTION 4.-PERSONNEL' CLERK. The City Council shall appoint a personnel Clerk who'se duty it shall be to act in 'the capac~ty of Clerk for the Personnel system. The duties of the office of Personnel Clerk may be combined with those of any,other office in ,the event the work involved does not warrant, in,the discretion of "the City Co:uncil, the \ creation of a special position. ' The Personnel Clerk shall: (a) Be the custodian of'all personnel records and shall be , the official upon or with'. whom all notices, requests. for hearings, com- plaints"and other official dpcuments shall be served and filed. (b) Attend all meetings of the Personnel 'Board. . (c) Administer all provisio~s of this Ordinance and the rules established hereunder, not 'specifically reserved to the City Councilor , . . the Personnel Board. (d) , Under the direction ,of the' Personnel Board, .to prepare rules, and revisions and amendments thereof~ for the consideration of said Personnel Board. (e) Under the dirE!ction of the Personnel ,Board, to prepare a position classification plan and class specifications and re~isions thereof, for the consideration of said personnel Board. SECTION 5.-COMPETITIVE SERVICE. The provisions of thi.s Ordinance shall apply to: (a) All appointive perso~s whoare full time employees of the Police'Department of the City, except the Chief of Police. (b) All l!-PP?intivepersons who are full time employees of the " Fire Department of the City, except the, Chief of ,the Fire, Department. '. I( < ,;\~t\'\'llt\)' 1tO ,,~\\ t\Q. ' ' -lJl\ " , as may be SECTION 6.-ADOPTION OF'RULES. In addition to such,other matters necessary and proper' to carry out the intent and purposes of. ' AMENDE[) this Ordinance, rules shall he formulated by the Personnel Board, 'and 08D.No.7" shall be adopted by the City Council establishing specific ,procedures to ~ , '. .., - govern the following phases of the Personnel program: ~ (a) The preparation, installation, revision and maintenance AMEMIID ORn. ~. 4q.3 , AMENDED AMENDED I r~J, !:~, !'"7/ ORD~ No. "f' 1 0 -3- lllllF.XW,' ; ;'-"0") . '. _.,I;.;.i ~~~. I.-,~\Qt~ lD\~~.\\j3i /J.{c/. tJ~ J of a position classification plan 'covering all,positions in the com~ pet1tive "\)100 ,/ DR\).' \'\0. 1'1' 0 service. (b) T,he formulation of minimum standards and qualifications -141,<; . , " .,. ' , O.fo/11,,~ for each class of pos,ition, provided however 'that said standards and '4Q.., , "% quali,ficationsshall require that an.y'applicant for 'any of the classes of position shall: (1) Have aneducatio? equivalent to that represented ~h~ , ' ,0,1'4 ';:~!"c by completion of tbe twelfth grade'; (?) Be a'qualified voter of the State Jib, WlE1'\'Jtll " .' cY2.o lR\),1'\o. qf California in order to be eligible for examination for said competitive , 11t service;, (3) In order to,b~ eligible, for appointment ,to competitive service em~loyee must be a resident'of said' City, and in order to remain eligible IMEflOEOfor said employment, shall ,continue to be .a resident of said cfty during. ORD. Ro., . r10 theteI'll! 'of employment; (4) The minimum age for appointment,as ,police- . AMENDED . suchORD. No. 7%3 IMEflOEO man or fireman shall .be tw.enty-one, (21) . and t]:Je maximuin age for )~' No. appointment shall be th.irty (30); provided that said maximum age shall not ~1/ ' .'\,;)~ apply to promotional examinations, or 'appointments within the respective ~"'\\Il' , '. ~~q\ Departments. "\ ' IMEN'JED lRD. No. 'IS; " . AMEND~,.. OR'" c, lJ. No '/</0 (c) The Public announcement of vacancies and examinations and the acceptance of applications for emplo~ent. \ (d). 'I'he preparation and conduct of examinat'ions and the 'r'"r""O t'I"J':' ll,ll.. ORD.J';o. 9 S<,- ,establishment and ~se of employment lists containing names of persons eligible for appointment. . (el. The certification and appointment of persons from employ- ment lists to fill vacancies and themakirig of temporary and emergency appoihtments~ (f) Theevaluatiori ofemployees:during the probationary period. (g), The transfer,promot:l.on, deniption and reinstatement of employees in the competitive service.' (h) 'The, separat'ion from' the service of 'employees' through lay-off, suspension, disniissal and r.or inc'llpacity to perform required duties. (i) Tbe.standardization of, bours of work, attendance and leave regulations, working conditions, and the development of employee, morale, welfare and training. A~ENJED 'I s I ORD. NO'1' (j) The maintenance and use of necessary records and forms. Acid Sec.. b' f::/ ' SECTION, ? -APPOINTMENTS. Appointments t,o vacant positions in -4- ~D&ll'" AMENDE!) O,~O. No. #'0 . ,~~ - ""~ \ ~ ac~1~ /1 .Z' ~. ., '.~' I .. the competitive. service shall be made in accordance with the rules established hereunder and from employment lists ~esulting from competitive examination, or by promotion, transfer,'dem~tion or, reinstatement. Appointments shall be Inade by the City Council" or by the officer in whom " the power to make appointments is. vested by,law. If appointment is to be made from employment or promotional lists, the names of persons willing to accept..appointment shall be , . certified by the.Personnel Clerk in the order in which they appear on the lists. The number of names certified shall exceed by two the number of vacancies to be filled. '~~t~~~ g/I In the absence of appropriate employment lists, a temporary \)R\)'~O' appointment may be made by the appointing power of a person meeting the minimum qualiHcations for the position, provided, however, that an employment list shall be estabHshed for such position wij;hin ninety days. No p.erson shall be einpioyed by the City jIDder'temporary appointment for a total of more than ninety days in any fiscal year ~ ' In the event of emergency, the appointing power may appoint such persons as are required 'to meet the situation, ]Jut such appointments shall not exceed fifteen working d?;tYs. No credit shall' be allowed in the giving of any examination, or the establishment of any employment or promotional,llsts, for service rendered under a temporary appointment. During the period of suspension of any employee, Or pending final action on proceedt:ngs .to review the. suspension, demotion or dis- missal of any employee, the vacancy created m~y be filled by the app~int- , , ing power only by temporary appointment. ~ ~,25q7~ SECTION 8.-PROB~TIONARY PERIOD. All original and promotional ~J... \ Ii '...... . ~''l..1 appointments ~hal1 be for a probationary period of six months during which the employee may be rejected at any time wi.thout right ,of appeal or hearing in any manner. An employee rejected dpring .the probationary period from a position.to which he has been promoted shall be reinstated to the position from which he was promoted, ~les8 charges are filed and he is discharged as provided in this Ordinance and the rules. -5- I\'\QIil\ilJ, ~...;Er;oEO 0") ~, 'Ii ,1/. t/4";' .,,,c~. I \;1..\..\'\-\1.... \ I"" ~r o?~. . ~~ t11cl liS' / - 'SECTION 9. '-CHIEF OF THE POLICE DEPARTMENT. The Chief of the Police De!l~rtment shall be, s,ppointed by the City counc"il from among the 'members of the police Department ,of the Ci'ty of Arcadia, al'ld after the ~appointment shall be ~1' . ~~~, dismissal or removal ~ '<: ~ ~. ~ removed, at the pleasur~ of tlJ.e,City Council,. The of the Chief of the Police Department from office shall nbt accomplish his d"'smissal from 'the Department, and upon such dismissal as Chief of poliC~" he ~hall be restored to the rank and grade held by him prior to his appointment as Chief of the Police Department. SECTION,lO. -GfiIEF'OF THE FIRE' DEPARTMENT. The Chief of the Fire Department shall be appointed' by the CHy COUI).cil from among the , , members of the Fire Depa~tment of. the. City of .(ir'cadia,', 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 ~ ~~ ~ J,dismissal as Chief of the Fire ,Department, be shall be restored to the ~~.~ ~~ rank and grade held by him'prior to his appointment as Chief of the Fire . . Department. SECTION H.-STATUS OF PRESENT. EMPLOYEES. Any person holding a position or, employment included. in the competitive service who" on the effecti've date of this Ordinance, shall have served ,continuously in such position, or in some: other position 'included in the. competitive service, for a period of at least sixmont.hs immediately prior to such effective date, shall assume regular status in ~he competitive ~ervice in the position held on such effective date withol.!t preliminary examination or working tests and shall thereafter be subject in all' respects to the provisions of this Ordiri.!J,nce ~. Any other per sons holding positions or : employment s in the competiti ve service shall be regarded" as holding their positions or employments as probationers who are serving out the baiance of their probationary periods'before obtaining regular status. In the event the person holding the ,position' of Chief of the Police D~partment upon the ~ffective date of this Ordinan~e shall have served said.Departmentcontinuously in that positibn, for a period of at. least six (6) months immediately prior' to such effective date, he shall .' ~' "'-Ji '.".... ~ t, " c' \ .J.' ac'}:'f3/ -6-, assume regula~ status ,in the competiti~e service as Captain in said Police Department without preliminary exam~nationor working tests and shall thereafter. be subject in all ;respects to the provisions of this Ordinance. In the event ,the person holding the position of Chief of the Fire De'partment. upqn'the 'e:rfecti ve,;date of. thls0rdinance shall have served said Department' continuously in that pos ition for a period ,of at least six (6) months immediate,ly prior to, such effective date, he shall assume regular'status in the competitive,. service as Captain in said Fire Department.without prelimin.ary examination or working tests and shall thereafter be subject inal'i respects to the :provisions 'of this Ordinance. SECTION 12. -PO,ffiRS OF THE CITY COUNCIL; The City Council arid any other officer.ln wpom is vested by law the power to make transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss empioyees, shall retain such power, subject to the provisions of this Ordinance and the' rules established hereunder, it 'being the int'ent' and sp:!:ri t' of this 'Ordinance to pro'vide a fair and just approach to municipal " employment in order' thatc:l:t:yEimp16yees may be sel~ct'ed. and promoted,' on a merit basis, but in no sense to impair the efficiency of the public service. Any person holding' a. position or.' employment in ,the competi the service shall be subject to suspension without pay by the appointing , , power and without right of appeal, but such suspension shall not exceed a total of thirty days. in any fiscal year. , , SECTION 13. -REMOVAL OR SUSPENSION OF EMPLOYEES. Every officer . . andemp~oyee in the competitive service, shan retain. his offlce or employ- ment so 'long as it exists under the same'or a different title, during good behavior, and shall not be suspended,fi,ned, demoted, removed, reduced in , compensation as a punishment or otherwise 'penalized" except as, in this , , Section provided. This Section is .subject 'however, ,to every prqvision of the Constitution, ana applicable State statutes designa~ing a general ground, 'or general grounds. of forfeiture of office or employment, or imposing a ,criminal .11abili ty., No person who shall'have served AMENDED -7 - ORD. No. +tj 3 INOEJ(iO the, probationary , ;::~ ~ t>~~f.~\)~ J...' ~ l/.JI.. ~~\).pJ'd '/.;i'/ period in a permanen~ office or employIDent as hereinabove provided ,for shall be removed therefrom,or ,penalizedtherei~ except on written charges by the City Council o~ app~in~in~ officer, su~h written charges ~hall be specific as to time, place and circumstances, and after opportunIty to be hear~ in h 1's own defense personally or by counsel. Pending such hearing the appointing'authority'may suspend the accused for not more than thirty (30) days, unless the hearing be del~yed beyond that time by act of the accused. . A copy of the charges ahd place ,of hearing shall be given the accused personally or shall be 'mailed to him by reglster~d mail at his last known address',by the Personnel Board not later than ten (10) days before, the hearing. If he fails toappear thereat without showing good cause for such failure to ,appear, he ma~'be dismissed witbout further proceedings. If: he appears at the. time and place set,' the Personnel Board shall publicly near the charges and within ten (10) days after concluding said bearing ,the Personnel Board shall certify its 'findings to the City Council together'with its recommendation that the 'accused be exonerated, reprimanded" fined," suspended" demoted or dis- missed., The City Council may' then affirm" revoke or modify the action taken as in its judgment shall seem warranted., The Personnel Board shall hear' and act on every signed wr~tten complaint, specific as to time, " place and cIrcumstanc!9, .filed against ,an' officer or-employee. ,Any penalty herein provided'formay be imposed 'for incompetence, habitual . .. . , . '0", ' .'.'..' intemperance', immoral c01!-duct, insubordination,' re'pe ated discourteous treatment of the public, dishone~ty, conviction of a felony, inattention to duties, engaging in prohibited'pdlitical activity: or other ground of . .- ",.,. penalty or forfeiture specified by the'Constitution. . , Tl1e pro~isic)ns of this'Section shall' h'ot apply to reductions in pay which are part. of a general 'plan to. reduce salaries and wages as art economy measure or as part of a general curtailment . program. Nothing herein shall restrict the right to make bona-fide reductions in force or to enact legislation re,quiring retirement for disability or age.' SECTION 14. -ABOLITION OF POS,ITION~ Whenever, in the judgment of the City Council, it l;>ecomes necessary"in the interest of economy'or because. the necessity for the ,position inv01ved no. 'longer exists, the C,i~y -;~ . ~ ~ \ c.\'\\1~ .; . ',,1. }iQ.~I1';/3'/ ....... /'/1/.1. 7c / -8-' !Sl~ - Council may aQolish any position or employm~nt in the competitive service and thereby reduce the personnel by laying off employees without the filing of written charges or without the right 'of appeal. In reduclngsaid personnel and laying off any employee or e,mployees through the abolition of p osition, the City Council shall observe thesenionity 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 provided by the. rules. SECTION 15. -IMPROPER POLITICAL ACTIVITY. No person holding a position in the competitive seryice. sha~l seek or accept e,lection, nomination or appointment as an,officer of a county or municipal political '. club or organization, 'or take.an active part 'in, or make any contribution , ' or donation to, any county or municipal,political'campaign, or serve as a member ofa committee of such c1ub 'ocr organization or circle, or seek signatures to any petition provided. for by any law; or act as a worker at the polls, or, distr.ibute badges or . pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election, or,for nomination to a publ:ic office, whether county' ,or ,municipal; provided, however, that. nothing in this Ordinance shall be construed to prevent any 'such officer or employee frqm bec'oming or continuing .to be a member. of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom 'from all interferenc'e in cas~ing his vote or,'from. seeking or aceep,ting,e,lection or appointmenttoa publ:l,c off-ice. Any wilful violation thereof 'or vioiation.throughculpable negligence, shall be sufficient grounds .to.authorize the discharge 'of any . officer or employ~e. 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 political opinions or affiliattons or because of race or 'religious belief . SECTION 16. ,:,SOLICITATION OF CONTRIBUTIONS. . No officer, agent, clerk or employee, tinder the. government of the City and no candidate for any city' office shall" directly or'indireetly, .solicit or receive, or be in any manner cpncerned"in :soliciting or receiving anya'ssessment, sub- scription or contribution,.. whether voluntary or involuntary, for any '-9-. I.,', .J ,..""". ~iI i\>. ., ",' t1~/;;J/ rt9s.:.~ . &t.tb poli tical purpose whatever, fro:rn anyone',' on the employment lists or hold- ing any position under the provisions ,of this Ordinance. SECTION 17. -RIGHT TO CONTRACT FOR SPECIAL SERVICE. The City Council shall contract with some competent State or County agency for the performance' by such agency for such technical service in connection with the establishment of the 'personnel'system or with its operationf:\, as may be,neces~ary for: (1) The public advertising of' all exa..'l1inations. (2) To provide and maintain eligibility lists for the various positions in the competitive~ service. (3) The holding 'of open, "free compeUtive examinations and the administering of othe,r suita"c) Ie, tests to fairly. test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed. SECTION 18. ~APPROPRIATION OF FUNDS. The City Council shall appropriate su~h,funds as are necessary to carry out the provisions of this Ordinance. , SECTION 19. :-PENALTY, FOR VIOLATION. Any' pers~m, firm or corp- oration violating any of, the,p~6visions of this Ordinance shall be deemed guiltyofa misdemeanor and upon a c0nviction thereof shall be punishable by a fine of not more than $300.00 or by imprisonment in 'the City Jail of , , State of C,alifornia, 'at the .discretion of, the committing magistrate, for a per10d not exceediJ:lg three (;3) months, or' by both such fine and imprison- ment. SECTION 20. If any sec~ion', subsection, subdivision, sentence, clause or phra~e of this Ordinance is for any, reason held to be un- constitutional, such decision' shall not affect the validity of the remain- ing portions of this Ordinance. The City Council hereby declares ,that it . would have passed this Ordinance, 'and each section, s'ubsection, sub": division, sentence" clause and phrase thereof, irres'pect'ive of the 'fact that' anyone or more sections, subsections, subdiviilion~,' sentences, cJ:auses or phrases be declared unconstitutional. ' SECTION 21. The City Clerk ,shall certify to t?e adoption of -10- . ill9i.'\OO, A:',J:DE0 :J:<ll\'jn. - "ot {, , '~~~ ad ;J;J'j this Ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be published once in the Arcadia Tribune and News, a newspaper of general ,circulation, published and circulated in the.City of Arcadia, and thirty (30) days from and after the final passage thereof said Ordinance 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 5th day of March ' " 1940, by the affirmative .vote of at least three Councilmen, to-wit: AYES: Councilmen, Bol~, Griffitts, Leeper, Perkins and Walter NOES: None ABSENT: None Signed and approved this '5th. dl1Y . of ' . March , 1940. ~ - ATTEST: v~~ . .... -...r..... . . .' .'~':;--' . ?'.:.: ".. ..~ . , ,?, .', -." - ., ~' . -ll- 1!~!!!"L'l. AMENDED ORD. NQ. IW-r. ~ ~\ht~\)t\) .t:> ORIl.tlQ. ad tj~ /