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HomeMy WebLinkAboutCC ORD 1963-1076 Personnel; amends § 6 of Ord. 729, planning commission; repeals Ords. 712, 777, 832, 875, 887, 940, 969, 972 and 1049 (2.28, 3.04—3.32)ORDINANCE NO. 1076 AN ORDINANCE REPEALING ORDINANCE NO. 712 AND AMENDMENTS THERETO CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE CITY OF NATIONAL CITY AND AMENDING ORDINANCE NO. 729 The City Council of the City of National City, Calif- ornia, does ordain as follows: SECTION 1. Article A. Ordinances numbers 712, 777, 832, 875, 887, 940, 969, 972 and 1049 of the City of National City are hereby repealed. Article B. Section 6 of Ordinance number 729 shall be amended to read as follows: The members of the Planning Commission shall be residentsof the City of National City, except that any member who is a non-resident of the City on the date of adoption of this amendment to Section 6 may be al.iowed to complete his term of office; the members of said Planning Commission shall serve without compensation. SECTION 1!. GENERAL. Article I - Purpose. Pursuant to the authority granted tc the legislative body of any C`ty in the State of California under provisions of Chapter 45, State Statutes, the following Civil Service system is hereby adopted in order to accomplish the following purposes: (a) To obtain and retain the best qualified persons avail- able for service with the City of National City. (b) To promote and increase economy and efficiency in the service of the City. (c) To provide a comprehensive personnel system for the City Civil Service wherein: (1) Positions involving comparable duties and res- ponsibilities are similarly classified and compensated. (2) Appointments are based upon merit and fitness ascertained from practical and competitive examinations. (3) Civil Service employment is made a career by providing for security of tenure and the advancement of the employee within the service whenever practicable. (4) The rights and interests of the Civil Service employee are given due consideration consistent with the best interests of the City. (5) A high morale is developed among City Civil Service employees by providing adequately for leaves of absence, vacations and other considerations for the general welfare of the employees. (6) Tenure of Civil Service employment is subject to good behavior, efficiency, necessity of the performance of the work, and the appropriation cf sufficient funds. Article 2 - Competitive Service. In accordance with Sections 45002 and 45005 of the State Statutes, the provisions of this ordinance shall apply to all offices, positions and employments in the service of the City except: (a) Elective Officers. (b) Members of appointive commissions and committees. (c) Persons engaged under contract to supply expert pro- fessional or technical services for a definite period of time. (d) City Manager. (e) City Attorney. The .offices, positions and employments covered by the provisions of this ordinance shall be known as the Competitive Service. Article 3 - Status of Present Employees. (a) Any person holding a position included in the Com- petitive Service, who, on the effective date of this ordinance, shall have served continuously in such position for one year prior to the adoption of this ordinance shall assume regular status in the Competitive Service in the position held on such effective date without qualifying examination or working test and shall thereafter be subject in all respects to the provi- sions of this ordinance. (b) Any other persons holding positions or employment in the Competitive Service shall be regarded as holding their positions or employment as probationers who are serving out the balance of their probationary periods before obtaining regular status in their present class. Their probationary period shall be computed from the date of appointment or employment. SECTION III. ADMINISTRATION. Article 1 - Personnel Officer. Under the authorization granted by Article 45003 of the State Statutes, there is hereby created the office of Personnel Officer. The City Manager shall 2 be ex-officio Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him as Personnel Of- ficer under this ordinance to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Article 5 of this section. The Per- sonnel Officer shall: (a) Attend all meetings of the Civil Service Commission and serve as its Secretary. (b) Administer all the provisions of this ordinance and of the personnel 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 Servvice Ordinance and the Personnel 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 Council. (e) Under direction of the Council prepare revisions to the compensation plan covering all classifications in the Com- petitive Service. The revisions shall become effective upon approva► by the Council. Article 2 - 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 non-resident of the City on the effective date of this ordinance may be allowed to complete his term of office. The members of the Commission shall be appointed by the Mayor and confirmed by the City Council. 3 (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 ordinance. At the expiration of each of the terms so provided for, a successor shall be appointed by the 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 3/5 vote of all the members of the City Council shall be required to appoint a member to the Commission or to fill any vacancy thereon. A 4/5 vote shall be necessary to remove any member of the Commission from office prior to the expiration of his term. (4) Commission members shall serve without compensa- tion, 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 persons 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 Powers. (1) To determine the order of business for the con- duct of its meetings and to hold regular meetings once a month and such special meetings as are necessary on call of the chair- man or a majority of the members of the Commission after at least three hours notice in writing served upon the members. A majority of the members of the Commission shall constitute a quorum for the transaction of business. (2) To act in an advisory capacity to the City Coun- cil and the Personnel Officer on personnel matters in the City Service and when requested by the Council or the Personnel Of- ficer to hold hearings and make recommendations on any matter 4 of personnel administration. (3) To hear appeals submitted by persons in the Com- petitive Service, or candidates for a position in the Competit- ive Service, re►ative to any alleged infringement upon their rights and privileges granted by this ordinance or the person- nel rules and to certify its findings and recommendations. (4) In any investigation or hearing conducted by the Commission it shall have 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 sub- ject 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 Ser- vice Commission shall have the power to administer oaths to witnesses. (5) To publish and post notices of the examinations for positions in the Competitive Service; to receive applications therefor; to conduct and score examinations; to 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, except the certification of eligibles. Article 3 --Personnel Rules. Personnel rules prepared by the Personnel Officer, subject to this ordinance 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 standards and 5 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 establish- ment and use of resulting employment lists containing names of persons eligible for appointment. (d) Review of examination materials by candidates. (e) Certification and appointment of persons from employ- ment lists and the making of temporary and emergency appoint- ments. (f) Evaluation of employees. (g) Transfer, promotion, demotion and re -instatement of employees in the Competitive Service. (h) Separation of employees from the City Service through layoff, suspension, and dismissal. (1) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training. (j) The establishment and maintenance of suitable methods for effective communication between employees and their super- visors, between employees and City Manager, and between employees and the Civil Service Commission relating to conditions of em- ployment in the City Service. (k) Content, maintenance and use of personnel records and forms. Article 4 - Appropriation of Funds. The Council shall ap- propriate such funds as are necessary to carry out the provisions of this ordinance. Article 5 - Right to Contract for Special Service. The Council may contract with any qualified person or agency for the performance of such technical services es may be desired in the establishment or operation of the personnel 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 or- dinance upon the Personnel Officer, including his duties under 6 Article 2 of this section, but shall not include the delegation of powers to be vested only in the Council or Civil Service Commission. SECTION IV. EMPLOYMENT. Article 1 - Examinations. (a) Appointments to vacant positions in the Competitive Service sha►I be based on merit and fitness to be ascertained, so far as practicable, by competitive examinations. (b) Notice of time, place and general scope of every examination shalt be posted by the Civil Service Commission in a conspicuous place, in the Civic Center, at the office of the appropriate department, and such other places as the Commission deems appropriate not Tess than two weeks prior to the last date for accepting applications to take such examinations. (c) Examination for the establishment of the eligible lists shall be competitive and of such character as fairly to test and determine the qualifications, fitness and ability of competitors actually to perform the duties of the class of position for which they seek appointment. Examinations may be assembled or unassembled, written or oral, or in the form of a demonstration of skill or any combination of these. Any investigation of character, personality, education and experience and any tests of intelligence, capacity, technical knowledge, manual skill or physical fitness which the Commission deems are appropriate may be employed. (d) The Commission shall establish minimum standards for determining the fitness and qualifications of the employee for each class of position and for such purposes may require such certificates of citizens, physicians, public officers or others having knowledge of the applicant as the good of the service may require. It may require necessary documentary evidence of cit- izenship, honorable discharge from the armed forces of the United States, possession of valid license for various purposes or other evidence of identification, fitness, and qualification. (e) Examination papers of candidates are not subject to public inspection. However, within the provisions of the person- nel rules, a candidate may compare his own answers against the 7 correct answers for errors in scoring and may at a separate time, review all non -standardized and non -copyrighted questions and correct answers used in his examination. (f) Candidates may appeal to the Commission their score on any phase of the examination including written, oral or per- formance examination or their rejection for consideration for candidacy upon the grounds of substantive irregularity, bias, fraud or error. Candidates' judgment of the suitability of appropriateness of the examination are not grounds for appeal. A candidate's appeal must be submitted in writing to the Com- mission in the proper form and within the time limits established by the Personnel Rules and must state specifically and particu- larly wherein he believes the provisions of this ordinance or the Personnel Rules have been violated or an error has been made. The decision of the Commission shall be final. Appoint- ments legally made from an appropriate list resulting from an examination shall not be invalidated if the eligible list Is subsequently amended as a result of scoring or grading changes made by the Civil Service Commission. Article 2 - 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 l i sts. (b) The re-employment list for any position shall consist 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 re -allocated 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 re -allocated. (c) Promotional lists shall consist of the names of perm- anent employees who have been successful in a promotional ex- amination for a higher class. 8 (d) Open -competitive lists shall consist 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 have not yet attained permanent status in their present class, or in the case where an examination has been designated as open -competitive only, the names of all passing candidates, whether permanent employees, non -permanent 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. (f) 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 sub- sequent examinations. (g) Employment lists shall expire at such time as the Civil Service Commission shalt determine, provided that: (1) Names shall remain on the re-employment list for a period of not less than 18 months and not more than three years. (2) Promotional and open -competitive lists shall have an expiration date of not Tess than six months and not more than 18 months. (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, pro- vided that such re -instatement is accomplished within two (2) 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. Article 3 - Appointment. (a) The City Manager shall be the appointing authority. However, each department head shall recommend the persons to be hired for vacancies in his department consistent with the provisions of this ordinance and the Personnel Rules. Appoint- ments must be approved by the City iianager. (b) When appointment is to be made to a vacancy in the Competitive Service, the names cf the most qualified persons, based on the provisions of this ordinance, who are willing to accept appointment shall be certified by the Civil Service Com- mission to the appointing authority in the order in which they appear on the employment lists. The number of names certified shall exceed by two the number of positions in a class to be filled. The appointment shall be limited to any of those certi- fied candidates except, that in the case of non -promotional ap- pointments, if the appointing authority finds none of the certi- fied candidates acceptable, he may request that the Commission authorize the certification of additional candidates from the eligible list. Based upon its determination that the certified candidates have been fairly considered and that the certification of additional candidates will best serve the interests of the City and the Civil Service System, the Commission may authorize the certifications of the next three highest eligible candidates. Additional candidates from the eligible list may be certified in the same manner. (c) In the event that there are less than three names on an eligibility list, the appointing authority may request the Civil Service Commission to establish a new eligibility list or may make a provisional appointment. (d) In the absence of appropriate employment lists, the appointing authority may make a provisional appointment of a person meeting the minimum qualifications for the classifica- tion in which the vacancy exists. No person may be employed by the City under provisional appointment for a total of more than, ninety days in any twelve-month period except that in the event of extreme critical conditions, a provisional appoint- ment may be extended for an additional ninety day period with the approval of the Civil Service Commission. Except as pro- vided above, an employment list shall be established within 10 ninety days for any permanent positions filled by provisional appointments. No special credit shall be allowed in any ex- amination or the establishment of any employment or promotional lists for service rendered under a provisional appointment. (e) Appointments to temporary and seasonal positions and part-time positions for which the assigned number of hours per week averages less than twenty may be, but with the authoriza- tion of the Commission need not be, made from appropriate eligible lists. Persons appointed to those positions shall not by virtue of this appointment be in the Competitive Service. Appointments of this type shall include employment for the replacement of employees on leave of absence or during the period cf suspen- sion of an employee or white final action on proceedings to review the suspension, demotion or dismissal of an employee is pending. No person shall be employed in a temporary or season- al position for a period of more than nine months in any twelve month period. Article 4 - Eligibility. The Civil Service Commission may refuse to examine or, after examination, may refuse to declare as eligible or may withhold or withdraw from certification prior to appointment anyone who comes under any of the following categories: (a) Lacks any of the requirements established by the Com- mission for the examination or class for which he applies. (b) Is physically or mentally so disabled as to be ren- dered unfit to perform the duties of the position for which he seeks appointment. (c) Is addicted to the use of intoxicating beverages to excess. (d) Is addicted to the use of narcotics or habit forming drugs. r (e) Has been convicted of a felony or convicted of a mis- demeanor involving moral turpitude. (f) Has intentionally attempted to practice any deception or fraud in his application, in his examination or in securing his eligibility. (g) Has waived appointment three times after certifica- tion from the same employment list. (h) Has failed to reply within a reasonable time as specified by the Commission to communications concerning his availability for appointment. Article 5 - Promotional Examinations. Examinations may be specified by the Civil Service Commission as open only to present qualified City employees on a promotional basis or open to all qualified persons. It shall be the policy of the Commission to encourage the general practice of promotion within the City service whenever, in their view, a sufficient number of qualified candidates are available and such a policy will continue to contribute to a sound and ef-ficiently operating City organization. Article 6 - Veteran's Preference. The Civil Service Com- mission may determine that all honorably discharged veterans of the armed forces of the United States who served during time of war or their widows who receive a total passing score in ex- aminations for entrance into the Competitive Service may be given a veteran's preference of 2 percentum, or points. No additional veteran's points shall be credited on any promotional examination. Article 7 - Age Limits. As stated in Articles #45050, 45052, 45053 and 45054, State Statutes, any person possessing all the minimum qualifications for a position is eligible to take any Civil Service examination 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: (1) This article does not require nor authorize the City to employ any person in a particular City employment if he has attained the retirement age for that particular employment prescribed by the retirement system which covers City employees. (2) A person shall not be employed in the City employment I2 while he is receiving a retirement allowance under any retire- ment system of the City by reason of prior service with the City. (3) The City Council may fix minimum and maximum age limits for the employment of policemen and firemen. Article 8 - Probationary Period. Any employee may be rejected at any time during the first year of a regular appoint- ment, including promotional, upon the submission by his depart- ment head to the Commission of a written statement charging un- satisfactory work performance. This action may not be appealed except upon the grounds of violation of Section IX of this or- dinance. An employee rejected during the probationary period from a position to which he has been promoted shall be re -instated to the position from which he was promoted unless he is dismissed from the City's service as provided in this ordinance 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 re -instated 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 ordinance and the Personnel Rules for positions in the Competitive Service. Article 9 - Emergency Employment. Irrespective of any- thing to the contrary in this ordinance, the City Council by a 4/5 vote may provide for the emergency employment of any person to hold any office or position in the City. Such person shall not be subject to the requirements, regulations and qualifications of the Civil Service System nor acquire Civil Service or other permanent status because of the emergency ap- pointment. However, the Civil Service Commission may provide that an emergency appointee selected from an eligible list, who is otherwise eligible for permanent appointment, may become a regular member of the Competitive Service. No emergency ap- pointee may be employed by the City for more than ninety days in any twelve-month period during peacetime except that in the event emergency conditions still persist, an emergency appointment may be extended for an additional ninety days. 13 Pursuant to Articles #45080, 45081, 45082 and 45083, State Statutes, and irrespective of anything to the contrary in this ordinance, during any wartime emergency the City Council by a 4/5 vote may authorize emergency appointments for the duration of the war as defined in the State Statutes. The Council first shall find that the national mobilization of trained manpower makes it impracticable for the City to recruit personnel pur- suant to the regular requirements established in this ordinance. SECTION V. SERVICE. Article 1 - Conduct. Every City employee shall fulfill to the best of his ability the duties of the office or position conferred upon him and shall prove himself in his behavior in- side and outside the service worthy of the esteem which his office or position requires. In his official activities the City employee shall pursue the common good and not only be im- partial but so act as to neither endanger his impartiality nor to give occasion for distrust of his impartiality. Article 2 - Residence Requirements. The City Council may establish residence requirements for members of the Competitive Service. Article 3 - Incompatible Activities. A City employee shall not engage in any employment, activity or enterprise which has been determined to be inconsistent, incompatible or in con- flict with his duties as a City employee or with the duties, functions or responsibilities of his department. Each depart- ment head shall determine and prescribe subject to approval of the Commission, those activities which, foremployees under his jurisdiction, will be considered inconsistent, incompatible or in conflict with their duties as City employees. Article 4 - Military and Peace Cores Service. Any member of the Competitive Service who is called or volunteers to serve in a branch of the Military Service or Peace Corps of the United States shall, upon his return, and with an honorable discharge or certificate of honorable service, be entitled to re -instatement in his classification or a classification which is judged equiv- alent by the Civil Service Commission. However, he must apply 14 officially for re -instatement withinthirty days of the time he is discharged from service. Article 5 - Training. In order that the quality of ser- vice rendered by persons in the City Civil Service may be con- tinually improved, the Commission may prescribe: (a) Conditions under which employees may be assigned to take specialized training. (b) Conditions under which employees may be reimbursed for tuition fees and other necessary expenses in connection with specialized training authorized by the appointing power to meet the needs of the service. The conditions prescribed by the Commission shall include, but not be limited to the requirement that such training shall be of direct value to the City, be relevant to the employee's duties and be limited to providing knowledges or skills that cannot be provided or available through in-service training. The Commission may further prescribe the conditions under which the employee may be required to reimburse the City for the cost of such training in the event he fails to remain in the City service for a reasonable time after receiving this training. SECTION VI. ABOLITION OF POSITION. Article 1 - Layoff Procedure. Whenever, in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for a position in the Competitive Ser- vice no longer exists, the Council may abolish it and layoff, demote or transfer an employee holding such position without filing written charges. An employee may appeal the method of application of the layoff procedure but not the Council's decision to layoff employees. As required by Article,#'. 45100, State Statutes, seniority shall be observed in effecting such reduction in personnel. Reduction in personnel will be accom- plished 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. 15 (b) The person whose position is abolished as aforesaid, 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 demoted. (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) Layoffs shall be made of provisional employees in the affected class or classes prior to the layoff of any probation- ary or permanent employee. (f) For the purpose of determining order of layoff or demotion, total cumulative time sha►1 include time served on military leave of absence. Article 2 - Re-employment. (a) The names of probationary and permanent employees laid off shall be placed on re-employment 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 re-employment lists in the manner stated in Section IV, Article 2 of this or- dinance. SECTION VI1. DISCIPLINARY ACTIONS. Article 1 - Authority and Procedure. Department heads are invested with the responsibility and authority to bring disciplin- ary actions against employees which with the approval of the City Manager are final unless appealed within ten days to the Civil Service Commission. It is the intent and spirit of this ordin- ance to provide a fair and just approach to the treatment of City employees but in no sense to handicap or curtail the respon- sibile administrative officer in securing efficient service. Under this authority a department head may bring action to dismiss, 16 demote, or suspend 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. (b) An employee may be suspended without pay for no more than thirty days. (c) An employee shall be informed in writing of the action and the cause for it within three working days of the effective date. Article 2 - Causes for Disciplinary Action. In order to bring one of the disciplinary actions stated in Article 1 of this section, a department head must cite one or more of the following causes: (a) Fraud in securing appointment or any other willful violations of any provisions of this ordinance or the Personnel Rules. (b) Inefficiency, incompetence, incompatibility. (c) Insubordination, disregard of orders, dereliction of duty, malfeasance. (d) Drunkeness on duty. (e) Conviction of a felony or a misdemeanor involving moral turpitude. (f) Improper political activity. (g) Any other failure of good behavior or acts either during or outside of duty hours which are incompatible or inimi- cable to the public service. SECTION VI i I . APPEAL AND HEARING RIGHTS. Article 1 - Procedure. Any employee in the Competitive Service shall have the right to appeal to the Civil Service Com- mission relative to any disciplinary action, dismissal, demotion, or alleged violation of this ordinance or the Personnel Rules except those instances where the right of appeal is prohibited by this ordinance. Immediately upon receiving a written appeal, the Board shall make such investigation as it may deem necessary and within twenty days after the request for hearing was filed, the Board shall hold a public hearing. The hearing need not be 17 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. The Council and the Personnel Officer shall review the findings and recommendations of the Commission. The City Council may then affirm, revoke, or modify the action taken. Said action by the City Council shall be final and conclusive. The City Council shall affirm, modify or revoke the said findings and recommendations made by the Civil Service Commission within thirty days after said findings and recommendations have been certified to the City Council as aforesaid. Article 2 - Basis for Recommendations. The Civil Service Commission may recommend modification or rejection of a disci- plinary 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 omission of procedure for disciplinary action was made. (c) The action taken resulted from political, religious or racial bias or prejudice. (d) The action taken was unreasonable, capricious or arbi- trary in view of the events, the circumstances surrounding the events, and the past record of the employee. SECTION IX. PROHIBITIONS AND OFFENSES. Article 1 - Obstructing Equitable Examinations Procedures. In accordance with Articles tr45200 and 45201, State Statutes, it is unlawful for any person: (a) Willfully, by himself or in cooperation with another person to defeat, deceive or obstruct any person with respect to his right of examination, application, or certification for employment under the Civil Service System of the City. (b) Willfully and falsely to mark, grade, estimate or 18 report upon the examination or proper standing of any person examined or certified under this Civil Service System of the City or to aid in so doing or make any false representation concerning the same or the person examined. (c) Willfully to furnish to any person any special or secret information for the purpose of either improving or in- juring the prospects or chances of any person examined, certi- fied or to be examined or certified under the Civil Service System of the City. (d) To impersonate another person or to permit or aid in any manner any other person to impersonate him in connection with any examination, application or request to be examined under the Civil Service System of the City. (e) To furnish or obtain examination questions or other examination material prepared and intended for use in any ex- amination under the Civil Service System of the City before such examination. (f) To use any unfair means to cause or attempt to cause any eligible person to waive any rights obtained under the Civil Service System of the City. Article 2 - Political Activities. In accordance with Articles #45030, 45031 and 45032, State Statutes, any person holding an office or employment in the Competitive Service shall not: (a) Seek or accept election, nomination, or appointment as officer of a political club or organization. (b) Take an active part in a County or municipal political campaign. (c) Serve as a member of a Committee of such club, organi- zation or circle. (d) Seek signatures to any petition provided for by any law. (e) Act as a worker at the polls or distribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election or nomination to a County or City office. 10 This chapter does not prevent any officer or employee from: (a) Becoming or continuing to be a member of a political club or organization. (b) Attendance at a political meeting. (c) Enjoying entire freedom from a►I interference in casting his vote. (d) Seeking signatures to any initiative or referendum petition or accepting election or appointment to public office. (e) Act as a worker at the polls or distribute badges or pamphlets directly affecting his rates of pay, hours of work, retirement, civil service or other working conditions. (f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, if the activity is not carried out during the hours of work or when he is dressed in the uniform required in any de- partment of the City Government. The violation of any provision of this article is grounds for discharge of any employee. Notwithstanding any other provisions ofthis article, those employees engaged in activities financed in whole or part by Federal funds are subject to the provisions of the Federal Hatch Political Act as amended. Article 3 - Solicitation of Contributions. No officer, agent, clerk or employee under the 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, subscription, contribution or polit- ical service whether voluntary or involuntary for any political purpose whatsoever from anyone on an employment list or holding any position under the provisions of this ordinance. No of- ficer or employee in the Competitive Service shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription or contri- bution whether voluntary or involuntary for any purpose affect- ing his working conditions from any person other than an officer or employee in the Competitive Service. 20 Article 4 - Discrimination. 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 affiliations or because of race or religious belief. SECTION X. ENACTMENT. Article 1 - Severability. if any section, sub -section, sub- division, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this or- dinance and each section, sub -section, sub -division, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, sub -sections, sub -divisions, sentences, clauses, or phrases be declared unconstitutional. Article 2 - Effective Date - Publication. This ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the National City Star -News, a semi -weekly newspaper of general circulation published and circulated in the City of National City and thence- forth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED by the City Council of the City of National City, California, this / day of 1963, by the following vote, to -wit: AYES: Allen, Colburn, Hart, Gautereaux Councilmen NAYS: Morgan Councilmen ABSENT: None ayor of the City National City,. California ATT EST : City Clerk PASSED AND ADOPTED by the City Council of the City of National City, California, this day of October AYES: Councilmen 19 63 , by the following vote, to -wit: Allen, Colburn, Hart, Gautereaux lst NAYS: Councilmen Morgan ABSENT: none Mayor of the City of tional City, California ATTEST: -V LC..-2- 1 City lerk ,f--- J }thislst day of October 19..63 I hereby approve the foregoing ... ayor of the City ational City, Califor is IWAIEMun } I hereby certify that the above and foregoing is a full and true copy of No �46 Ordinance of the j } of the City of National City, California, as adopted by the City Council of said Ordinances City, and approved by the Mayor of said City, on the lst day of Oct.obex , City Clerk of the City of National City, California. Deputy