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HomeMy WebLinkAboutCC ORD 2003-2221 Amends §§ 3.08.010, 3.08.020, 3.08.030 and 3.08.050, administration (3.08)ORDINANCE NO. 2003 — 2221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING PORTIONS OF CHAPTER 3.08 OF THE NATIONAL CITY MUNICIPAL CODE, ENTITLED "ADMINISTRATION" BE IT ORDAINED that the City Council of the City of National City hereby amends Chapter 3.08 of the National City Municipal Code, entitled "Administration", as follows: Section 1. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.010 to read as follows: 3.08.010 Director of human resources. Under the authorization granted by Article 45005 of the State Statutes, there is created the office of the director of human resources. Whenever there is a reference to the "personnel officer" or "personnel director" in the Municipal Code, the civil service rules, or in any memorandum of understanding, contract, rule, policy or administrative provision of the city, such reference shall be considered as referring to the "director of human resources". The city manager shall be ex officio director of human resources. The city manager may delegate any of the powers and duties conferred upon him as director of human resources under this title to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 3.08.050. The director of human resources shall: A. Attend all meetings of the civil service commission and serve as its secretary; B. Administer all the provisions of this title and of the civil service rules not specifically reserved for the city council or the civil service commission; C. Prepare and recommend to the civil service commission revisions and amendments to the civil service ordinance codified in this title and the civil service rules. The city attorney shall approve the legality of such provisions and amendments prior to their submission to the commission. Such revisions and amendments shall become effective upon approval by the city council; D. Prepare and recommend to the commission revisions to the position classification plan including class specifications. Such revisions shall become effective upon approval by the city council; E. Under direction of the city council prepare revisions to the compensation plan covering all classifications in the competitive service. The revisions shall become effective upon approval by the city council. Section 2. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.020 to read as follows: 3.08.020 Civil service commission. Under the authority granted by Article 45005 of the State Statutes, there is hereby created a civil service commission consisting of five members. A. Selection and Term of Office. 1. Each of the members of the commission shall be a resident of the city who is a person of good repute in his business, profession or occupation and be known to be in sympathy with the civil service system, except that any member who is a nonresident of the city on the effective date of the ordinance codified in this title may be allowed to complete his term of office. The members of the civil service commission shall be appointed by the city council. 2. The term of each position on the civil service commission shall last five years. No two terms shall expire in the same year. The dates of expiration of the terms of the present members of the civil service commission are unchanged by this title. At the expiration of each of the terms so provided for, a successor shall be appointed by the city council for a term of five years. 3. Vacancies on the civil service commission from whatever cause, shall be filled by appointment by the city council for the unexpired term. Each member of the commission shall serve until his successor is appointed and qualified. A three -fifths vote of all the members of the city council is required to appoint a member to the commission or to fill any vacancy thereon. A four -fifths vote is necessary to remove any member of the commission from office prior to the expiration of his term. 4. Commission members shall serve without compensation, except that the city council may from time to time pay such expenses of the civil service commissioners as the council deems necessary. 5. No person shall be appointed to the commission who holds any salaried city office or employment. Nor shall any member, while on the board or for a period of one year after his term has expired, be eligible for appointment to any position in the competitive service. B. Functions and Power. The commission shall: 1. Determine the order of business for the conduct of its meetings and hold regular meetings once every other 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 director of human resources on civil service matters in the city service and when requested by the city council or the director of human resources shall hold hearings and make recommendations on any matter of personnel administration; 2 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 civil service rules and to certify its findings and recommendations. 4. In any investigation or hearing conducted by the commission it has the power to examine witness 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 city council in response to a subpoena issued by the city 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 therefore, conduct and score examinations, and 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 director of human resources. Section 3. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.030 to read as follows: 3.08.030 Civil Service rules. Civil service rules prepared by the director of human resources, subject to this title and to revision by the commission and the city council, shall be adopted and may be amended from time to time by resolution of the city council. The rules shall establish specific procedures and regulations governing the following phases of the civil service 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; G. Separation of employees from the city service through layoff, suspension, and dismissal; 3 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; Content maintenance and use of personnel records and forms. Section 4. That Title 3, Chapter 3.08 of the National City Municipal Code is amended by amending Section 3.08.050 to read as follows: 3.08.050 Special service—Cont ract. The city council may contract with any qualified person or agency for the performance of such technical services as may be desired in the establishment or operation of the civil service system. The contract may include delegation to the person or agency so retained of all or a part of the responsibility and duties imposed in this title upon the director of human resources, including his/her duties under Section 3.08.020, but shall not include the delegation of powers to be vested only in the council or civil service commission. PASSED and ADOPTED this 20TH day of MAY , 2003. ATTEST: Mic ael R. Dalla City Clerk APPROVED AS TO FORM: f4 zisc George H. Eiser, III City Attorney 4 Nick &Mayor Passed and adopted by the Council of the City of National City, California, on May 20, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on May 6, 2003, and on May 20, 2003. 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 member 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 correct copy of ORDINANCE NO. 2003-2221 of the City Council of the City of National City, passed and adopted by the Council of said City on May 20, 2003. By: City Clerk of the City of National City, Califomia Deputy