HomeMy WebLinkAboutCC ORD 1994-2072 Amends §§ 3.04.020, 3.08.030, 3.20.010, 3.20.020, 3.24.010, 3.24.020, 3.28.010, 3.36.020 and 3.36.030 and repeals §§ 3.16.050 and 3.36.010, personnel (3.04, 3.08, 3.16, 3.20, 3.24, 3.28, 3.36)ORDINANCE NO. 94-2072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING PORTIONS OF TITLE 3 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO PERSONNEL, AMENDING ORDINANCE NOS. 916 AND 1441,
AND AMENDING PORTIONS OF ORDINANCE NOS. 1023, 1076 AND 1943
The City Council of the City of National City does hereby ordain as follows:
Section 1. That Section 3.04.020 of the National City Municipal
Code, Section II, Article 2 of Ordinance No. 1076, Ordinance No. 1441, and
Section 1 of Ordinance No. 1943 are hereby amended to read as follows:
3.04.020 Applicability. In accordance with Sections 45002 and
45005 of the California Government Code, the provisions of this Title and City
Civil Service Rules apply to the classified service which includes all offices,
positions and employment in the service of the City, except:
1. Elective officials;
2. Members of appointive boards, commissions, and committees;
3. City Manager;
4. Assistant City Manager;
5. City Attorney;
6. Senior Assistant City Attorney;
7. City Librarian;
8. All Department Directors as so designated by City Manager;
9. Persons engaged under contract or grant to supply expert,
professional or technical services for a definite period of time;
10. Volunteer personnel who receive no regular compensation from the
City;
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Ordinance No. 94-2072
Page 2 of 5
11. Emergency employees who are hired to meet the immediate
requirements of any emergency condition, such as an extraordinary
fire, flood or earthquake;
12. Employees who are employed for Tess than 20 hours per week or
who are employed temporarily for a definite period not exceeding
twelve consecutive months.
SECTION 2. That Section 3.08.030 of the National City Municipal
Code, and Section III, Article 3 of Ordinance No. 1076, are hereby amended to
read as follows:
3.08.030 Personnel Rules. Personnel rules prepared by the personnel
officer, subject to this Title and to revision by the Commission and the Council,
shall be adopted and may be amended from time to time by resolution of the
Council. The rules shall establish specific procedures and regulations governing
the following phases of the personnel system:
A. Preparation, installation, revision and maintenance of the position
classification plan covering all positions in the competitive service,
including employment requirements and qualifications for each class;
B. Public announcements of all tests and the acceptance of applications
for employment;
C. Preparation and conduct of tests and the establishment and use of
resulting employment lists containing names of persons eligible for
appointment;
D. Certification and appointment of persons from employment lists and
the making of temporary and emergency appointments;
E. Evaluation of employees;
F. Transfer, promotion, demotion and reinstatement of employees in
the competitive service;
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Ordinance No. 94-2072
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G. Separation of employees from the city service through layoff,
suspension, and dismissal;
H. The establishment and maintenance of suitable methods for effective
communication between employees and their supervisors, between
employees and city manager, and between employees and the civil
service commission relating to conditions of employment in the city
service;
I. Content maintenance and use of personnel records and forms.
SECTION 3. That Section 3.16.050 of the National City Municipal
Code, and Section V, Article 5 of Ordinance No. 1076 are hereby repealed.
SECTION 4. That Section 3.20.010 of the National City Municipal
Code, Section VI, Article 1 of Ordinance No. 1076, and Section 6 of Ordinance
No. 1943 are hereby amended to read as follows:
3.20.010 Layoff. Whenever, in the judgment of the Council, it becomes
necessary in the interests of economy or because the necessity for positions in
the competitive service no longer exists, the City Council may abolish it and shall
order layoffs, demotions or transfers for employees holding such positions
without filing written charges. An employee may appeal the method of
application of the layoff procedure but not the 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 by implementing the appropriate
Personnel rules which have been adopted by the Commission and approved by
the Council or implementing the procedures in the applicable memorandum of
understanding with the various bargaining groups.
SECTION 5. That Section 3.20.020 of the National City Municipal
Code, and Section VI, Article 2 of Ordinance No. 1076 are hereby amended to
read as follows:
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Ordinance No. 94-2072
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3.20.020 Re-employment. The names of probationary and career
employees who were laid off or who accepted downgrade in lieu of layoff shall
be placed on recall lists for classes which, in the opinion of the personnel officer
require basically the same qualifications and duties and responsibilities as those
of the class of positions from which the layoff was made. Names of persons laid
off or demoted shall be placed upon recall lists in the manner stated in the
Personnel Rules.
SECTION 6. That Section 3.24.010 of the National City Municipal
Code, Section VII, Article 1 of Ordinance No. 1076, and Section 7 of Ordinance
No. 1943 are hereby amended to read as follows:
3.24.010 Authority --Procedure. Department heads or their designees are
vested with the responsibility and authority to impose discipline upon employees.
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 director or his/her designee may impose action to dismiss, demote,
suspend, or reduce the pay of an employee subject to duly adopted Personnel
Rules.
SECTION 7. That Section 3.24.020 of the National City Municipal
Code, and Section VII, Article 2 of Ordinance No. 1076 are hereby amended to
read as follows:
3.24.020 Cause. In order to bring one of the disciplinary actions stated
in Section 3.24.010 against a regular career employee who has successfully
completed the initial probationary period, a department head or his/her designee
must cite one or more of the causes cited in the Personnel Rules.
SECTION 8. That Section 3.28.010 of the National City Municipal
Code, Section VIII, Article 1 of Ordinance No. 1076, and Section 8 of Ordinance
No. 1943 are hereby 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 in accordance with duly
adopted Personnel Rules.
Continued on Page Five
Ordinance No. 94-2072
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SECTION 9. That Section 3.36.010 of the National City Municipal
Code, Section 1 of Ordinance No. 916 and Section 11 of Ordinance No. 1943 are
hereby repealed.
SECTION 10. That Section 3.36.020 of the National City Municipal
Code, Section 2 of Ordinance No. 916, and Section 1 of Ordinance No. 1023 are
hereby amended to read as follows:
3.36.020 Break in service --Authorized. Vacations, sick leave, military
leave and absence authorized by the City Manager shall not be considered as
interruption of service or seniority.
SECTION 11. That Section 3.36.030 of the National City Municipal
Code, and Section 3 of Ordinance No. 916 are hereby amended to read as
follows:
3.36.030 Break in service --Unauthorized. In the event an officer or
employee ceases to be employed by the city for a reason other than military
service, all rights to previously earned seniority shall be forfeited and expire, and
if said officer or employee subsequently is re-employed by the city he shall not be
entitled to any seniority by reason of any prior employment.
PASSED and ADOPTED this 11 th day of January, 1994.
GE GE H. WATERS, MAYOR
ATTEST:
Lori Anne Peoples, City lerk
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
Passed and adopted by the Council of the City of National City, California,
on January 11, 1994 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Dalla, Inzunza, Morrison, Zarate, Waters
None
None
None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
OtAiv\-k}
City Clerk of the City of National Cit California
Deputy
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 December 14, 1993
and on January 11, 1994
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.94-2o72of the City of National City, passed
and adopted by the Council of said City on January 11, 1994.
(Seal)
By:
City Clerk of the City of National City, California
Deputy