Loading...
HomeMy WebLinkAboutCC ORD 1988-1943 Amends §§ 3.04.020, 3.08.020(B), 3.12.020, 3.12.070, 3.12.080, 3.20.010, 3.24.010, 3.28.010, 3.28.020, 3.32.040 and 3.36.010, personnel (3.04, 3.08, 3.12, 3.20, 3.24, 3.28, 3.32)ORDINANCE NO. 11413 T3 AN ORDINANCTs OF THE CITY OF NATIONAL CITY AMENDING TITLE 3 OF THE NATIONAL CITY MUNICIPAL CODE follows: BE IT ORDAINED by the City Council of the City of National City as SECTION 1. That Ordinance No. 1076 and Section 3.04.020 of the National City Municipal Code are amended to read as follows: 3.04.020 Applicability. A. In accordance with Sections 45002 and 45005 of the California Government Code, the provisions of this ,title apply to all offices, positions and employments in the service of the city except: 1. Elected officers; 2. Members of appointive commissions and committees; 3. Persons engaged under contract to supply expert professional or technical services for a definite period of time; 4. City Manager; 5. City Attorney; 6. City Engineer; 7. Assistant City Manager; 8. City Librarian; 9. Director of Building & Safety 10. Director of Finance 11. Director of Parks Sc Recreation 12. Director of Planning 13. Director of Public Works 14. Fire Chief 15. Police Chief B. The offices, positions and employments covered by the provisions of this title shall be known as the competitive service. -1- SECTION 2. That Ordinance No. 1076 and Subsection B of Section 3.08.020 of the National City Municipal Code are amended to read as follows: B. Functions and Powers. The commission shall: 1. Determine the order of business for the conduct of its meetings and hold regular meetings once a month and such special meetings as are necessary on call of the chairman or a majority of the members of the commission after at least twenty-four hours' notice in writing served upon the members. A majority of the members of the commission constitutes a quorum for the transaction of business; 2. Act in an advisory capacity to the city council and the personnel officer on personnel matters in the city service and when requested by the council or the personnel officer shall hold hearings and make recommendations on any matter of personnel administration; 3. Hear appeals submitted by persons in the competitive service, or candidates for a position in the competitive service, relative to any alleged infringement upon their rights and privileges granted by this title or the personnel rules and to certify its findings and recommendations. 4. In any investigation or hearing conducted by the commission it has the power to examine witnesses under oath and compel their attendance for production of evidence by subpoena issued in the name of the city and attested by the city 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 subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the council. Each member of the civil service commission shall have the power to administer oaths to witnesses. 5. The commission shall publish and post notices of the examinations for positions in the competitive service; receive applications therefor; conduct and score examinations; certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. The civil service commission shall cause the duties imposed upon it by this paragraph to be performed by the personnel officer. -2- SECTION 3. That Ordinance No. 1076 and Section 3.12.020 of the National City Municipal Code are amended to read as follows: 3.12.020 Employment Lists. A. Priority for consideration for employment shall be given to the various employment lists in the following order: Re- employment lists, promotional lists and open -competitive lists. B. The re-employment lists for any position consists of the names of permanent employees who have been laid off or demoted, for lack of work or lack of funds, from a position in the same class or an equivalent class to that in which the vacancy exists. Such names shall be placed on the re-employment list in reverse order' of layoff and shall remain on the list for a maximum of three years. Employees whose positions have been reallocated to a lower class, but who have not been demoted for cause, shall also have their names placed on the re- employment list for the class from which their position was reallocated. C. Promotional lists consist of the names of permanent employees who have been successful in a promotional examination for a higher class. D. Open -competitive lists consisting of the names of persons not employed by the City who have been successful in an examination, or of employees of the city who have passed the examination but who do not have permanent status in the competitive service, or in the case where an examination has been designated as open -competitive only, the names of all passing candidates, whether permanent employees, nonpermanent employees, or persons not employed by the city, shall be placed on the list in order of their scores. E. Promotional lists and open -competitive lists shall be created as a result of examination as provided herein. E. The names of probationary employees who are laid off for lack of work or lack of funds, may be restored to the same employment list from which the original appointment was made and in the same rank as when the original appointment was made. This list shall take precedence over lists established in subsequent examinations. G. Employment lists expire at such time as the civil service commission determines, provided that: 1. Names shall remain on the re-employment list for a period of not less than eighteen months and not more than three years; 2. Promotional and open -competitive lists shall have an expiration date of not less than six months and not more than eighteen months. -3- H. The appointing authority may, with the approval of the personnel officer, reinstate to a vacant position any person who has resigned in good standing from a position in a class in which he had acquired permanent status in the competitive service, provided that such reinstatement is accomplished within two years of the date of resignation. A reinstatement may, at the discretion of the appointing authority, take precedence over any employment list except a re-employment list. SECTION 4. That Ordinance No. 1076 and Section 3.12.070 of the National City Municipal Code are amended to read as follows: 3.12.070 Age Limits. As stated in Sections 45050, 45052, 45053 and 45054, of the California Government Code, any person possessing all the minimum qualifications for a position is eligible to take any civil service examinations regardless of age and no rule or policy shall be adopted prohibiting the employment of any person otherwise qualified in any city employment solely because of age with the following exceptions: A. This section does not require nor authorize the city to employ any person in a particular city employment if he has attained the retirement age for the particular employment prescribed by the retirement system which covers city employees; B. A person shall not be employed in the competitive service while he is receiving a retirement allowance under any retirement system of the city by reason of prior service with the city. SECTION 5. That Ordinance No. 1076 and Section 3.12.080 of the National City Municipal Code are amended to read as follows: 3.12.080 Probation. Any employee may be rejected at any time without cause during the first year of service in a regular appointment, including promotional. The Personnel Rules shall define qualifying service and procedures for rejection during the probationary period. This action may not be appealed or subject to the grievance procedure except upon the grounds of violation of Chapter 3.32. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted unless he is dismissed from the city's service as provided in this title and the personnel rules. An employee in the competitive service promoted or transferred to a position which is not in the competitive service shall be reinstated to the position from which he was promoted or transferred if within one year after such promotion or transfer action is taken to reject or dismiss him, unless he is discharged in the manner provided in this title and the personnel rules for positions in the competitive service. -4- SECTION 6. That Ordinance No. 1076 and Section 3.20.010 of the National City Municipal Code are amended to read as follows: 3.20.010 Layoff. Whenever, in the judgement of the council, it becomes necessary in the interests of economy or because the necessity for a position in the competitive service no longer exists, the council may abolish it and layoff, demote or transfer an employee holding such position without filing written charges. An employeemay g appeal the method of application of the layoff procedure but not the council's decision to layoff employees. As required by Section 45100 of the California Government Code, seniority shall be observed in effecting such reduction in personnel. Reduction in personnel will be accomplished in the following manner: A. The order of layoff shall be in the reverse order of total cumulative time served in that classification and higher classifications in the city service upon the effective date of the layoff. p B. Upon request the person subject to layoff shall be demoted to the next lower classification for which, in the judgment of his department head and the commission he meets the minimum qualifications; C. If there is no vacant position in the lower class, the person already in that class with the least seniority will be laid off or upon request demoted to a position in a suitable classification; D. An employee who loses his position due to the abolition of positions, who cannot meet the qualifications for a lower classification, shall be laid off; E. Provisional employees in the affected class or classes shall be separated prior to the layoff of any probationary or permanent employee; F. For the purpose of determining order of layoff or demotion, total cumulative time shall include time served on military leave of absence. SECTION 7. That Ordinance No. 1076 and Section 3.24.010 of the National City Municipal Code are amended to read as follows: 3.24.010 Authority --procedure. Department heads are vested with the responsibility and authority to bring disciplinary actions against employees which with the approval of the city manager are final unless appealed within fifteen days to the civil service commission. It is the intent and spirit of this title to provide a fair and just approach to the treatment of city employees but in no sense to handicap or curtail the responsible administrative officer in securing efficient service. Under this authority a department head may bring action to dismiss, demote, suspend, or reduce the pay of an employee subject to showing cause and the following limitations: A. An employee may be demoted only to a classification for which he meets the minimum qualifications; -5 - B. An employee may be suspended without pay for no more than ninety days in any one calendar year; C. An employee who receives a reduction in pay must be paid at a rate consistent with his classification; D. An employee shall be informed in writing of the action and the cause for it prior to the effective date. SECTION 8. That Ordinance No. 1076 and Section 3.28.010 of the National City Municipal Code are amended to read as follows: 3.28.010 Procedure. Any employee in the competitive service shall have the right to appeal to the civil service commission relative to any disciplinary action, dismissal or demotion, except those instances where the right of appeal is not available under this title. Alleged violations of this title or the civil service rules except as either prohibited by this title or otherwise provided for by this title shall be subject to grievance procedures described under the civil service rules. Immediately upon receiving a written appeal, the commission shall make such investigation as it may deem necessary, hold a public hearing, render a decision and transmit that decision consistent with the provisions of the civil service rules. Unless the decision is appealed to the city council, the action by the commission shall be final. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Within ten days after concluding the hearing, the civil service commission shall certify its findings and recommendations to the council, to the personnel officer, and to any other official from whose action the appeal was taken and to the employee affected. If appealed the city council shall affirm, modify, or revoke the said findings and recommendations made by the civil service commission within sixty days after the request for council review has been transmitted to the city council. Said action by the city council shall be final and conclusive. SECTION 9. That Ordinance No. 1076 and Section 3.28.020 of the National City Municipal Code are amended to read as follows: 3.28.020 Recommendation --Basis. The civil service commission may recommend modification or rejection of a disciplinary action only on one or more of the following criteria: A. There is not substantial evidence to support the need for the disciplinary action; B. A substantive violation or ommission of procedure for disciplinary action was made; C. The action taken resulted from political, religious or ethnic bias or prejudice or was based on sex, sexual orientation, marital status, national origin, age or non -job -related disability. -6 - D. The action taken was unreasonable, capricious or arbitrary in view of the events, the circumstances surrounding the events, and the past record of the employee. SECTION 10. That Ordinance No. 1076 and Section 3.32.040 of the National City Municipal Code are amended to read as follows: 3.32.040. Discrimination. No person in the competitive service or seeking admission thereto shall be employed, promoted, demoted or discharged or in any way illegally favored or discriminated against because of political opinions or affiliations or because of ethnic background, religious belief, national origin, sex, sexual orientation, marital status or disability. SECTION 11. That Ordinance No. 1076 and Section 3.36.010 of the National City Municipal Code are amended to read as follows: 3.36.010 Amount Designated. In addition to all other compensation heretofore or hereafter provided to be paid for the services of National City officers and employees, longevity pay may be paid to all officers and employees of the city on the following basis: After five years of continuous and uninterrupted service the sum of ten dollars per month; after ten years of continuous and uninterrupted service the sum of fifteen dollars per month; after fifteen years of continuous and uninterrupted service the sum of twenty dollars per month; after twenty years of continuous and uninterrupted service the sum of twenty-five dollars per month; after twenty-five years of continuous and uninterrupted service the sum of thirty dollars per month, which shall be the maximum payable hereunder. PASSED and ADOPTED this 5th day of April, 1988. ATTEST: IONE C MPBELL Ione BY: mpbell, City Clerk 0 APPROVED AS TO FORM: /3 George H. Eiser, III, City Attorney Geor H. Waters, Mayor -7- Passed and adopted by the Council of the City of National City, California, on 4_5_aa by the following vote, to -wit: Ayes: Councilmen ...Coop er , Waters Nays: Councilmen ...None Absent: Councilmen Abstain: Councilmen ...ATQIIR AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California IONE CAMPBELL City CIrk of the City of National City, California ax.2 Deputy d-- I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 3-22-88 and on 4-5-88 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. ...Z943. of the City of National City, passed -- and adopted by the Council of said City on 4588 (Seal) IONE CAMPBELL By: City Clerk of the City of National City, California Deputy