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HomeMy WebLinkAboutCC ORD 1945-712 Civil service system (Repealed by 1075)Ordinance No. 712 AN ORDINANCE OF THE CITY OF NATIONAL CITY CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR SAID CITY The City Council of the City of National City does ordain as follows: Section 1. Adoption of Civil Serv- ice System. Pursuant to the author- ity granted to the legislative body of any city in the State of Califor- nia under the provisions of Chap- ter 48, Statutes of 1935 and amend- ments thereto, and in order to es- tablish an equitable and uniform procedure for dealing with personnel matters through a department of personnel, and to place municipal employment on a merit basis, so that the best qualified persons available shall be brought into the service of said city, the following Civil Service System is hereby adopted. Section 2. Department of Person- nel. There is hereby created a de- partment of Personnel, which shall consist of a Civil Service Commission and a Personnel Clerk. The Civil Service. Commission shall consist of five members, to be appointed by the City Council. The first Commission to be ap- pointed shall, at its first meeting so classify its members by lot that one shall serve for a term which shall expire on October 1, 1946, one shall serve for a term which shall expire on October 1, 1947, one shall serve for a term which shall expire on Oetober 1, 1948, one shall serve for a term which shall expire on October 1, 1949, and one shall serve for a term which shall expire on October 1, 1950. At the expiration of each of the terms so provided for, a succes- sor shall be appointed by the City Council for a term of five years. -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 Com- mission shall serve until his succes- sor is appointed, and qualified. A three -fifth vote of all the members of the City Council shall be required to appoint it member to said Com- mission or to fill any vacancy there- on. The members of the Civil Service Cornmissi on shall be qualified elec- tors of the said city, and shall serve without compensation, except that the City Council may from time to time pay such expenses of the Civil Service Commission as the City Coun- cil deems necessary. No person shall be appointed or serve on said Com- mission who holds any salaried pub- lic office or employment, nor shall any member while a member of said Commission or for a period of one 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. Section 3, Personnel Clerk. The City Council sha.11 appoint a Person- nel Clerk, whose duty it shall be to act in the capacity of clerk for the Civil Service System. The duties of the office of Personnel Clerk may be combined with those of any other office. The Personnel Clerk shall: (a.) Attend all meetings of the Civil Service Commission. (b.) Administer all provisions of this ordinance and the rules estab- lished hereunder, not specifically reserved to the City Council or the Civil Service Commission. (c.) Under the direction of the Civil Service Commission to prepare rules, and revisions and amend- ments thereof, for the consid- eration of said Civil Service Commission. (d.) Under the direction of the Civil Service Commission to prepare a position classification plan and class specifications and revi- sions thereof, for the eonsideration of said Civil Service Commission. Section 4. Duties of the Civil Serv- ice Commission. The Civil Service Commission shall determine the order of business for the conduct of its meetings, and shall meet regularly if so required by the rules, or on call of the chairman or three members of the Commission. Threemembers of the Commission shall constitute a quorum for the transaction of busi- ness. The functions of the Commis- sion shall be: (a) To consider and recommend to the City Council a set of rules to supplement this ordinance and revisions and amendments there- of. (b) To act in an advisory capacity to the City Council on problems concerning personnel administra- tion. (c) As provided by this ordinance and by rule, to hear appeals sub- mitted by any person in" the competitive service relative to any situation connected with his employment status or condition of employment. (d) In any investigation or hearing conducted by the Commission it shall have the power to examine witnesses under oath and com- pel their attendance or the pro- duction of evidence before it by subpoenas, 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 at- tend or testify in answer to such a subpoena shall subject said Person to prosecution, in the same manner set forth by law for failure to appear before the City Council in response to a sub- poena issued by the City Coun- cil Each member of the Civil Service Commission shall have the power to administer oaths to witnesses. (e) To hold hearings and make rec- ommendations to the City Coun- cil on the adoption or revision of the position classification plan. The City Council she 11 adopt a position classification plan. (f) The Civil Service Commission shall not establish any maximum or minimum age limits for any competitive service examination, and it is hereby declared that age shall not be considered to be a minimum qualification for any city employment in the clas- sified service. Any person pos- sessing all the minimum quali- fications for the position shall be eligible to take any competi- tive service examination, regard- less of his age, and neither the Servi e Commission nor any appointing power, shall adopt any rule, either written or unwrit- ten, prohibiting the employment of any Person in any city em- ployment who is otherwise qual- ified therefore, solely because of his age. Provided however. that the City Council may fix minimum and maximum age limits for the employment of city policemen and city firemen. Section 5. Competitive Service. The provisions of this ordinance shall e.pply only to the following depart- ments, appointive officers and em- ployees of the City of National City, Ca lfornia. (a). The Chief of Police, and all members of the Police Depart- ment en regular full time duty. (b). The clerk to the City court on regular full time duty. (c). The Street Superintendent and all employees of the Street De- partment on regular full time duty. (d). The Park Superintendent and all employees of the Park De- partment on regular full time duty. (e). The Chief of the Fire Depart- ment and all members of said Department on regular full time duty. (f).. The Chief Librarian and all members of the Library Staff on regular full time duty. (g). All employees in the City Clerk's office working on regular full time duty. (li). All employees in the City Trea- surer's office working on regu- lar full time duty. Section 6. The City Council from time to time by ordinance may add additional departments, appointive officers, or employees to those herein above enumerated. All employees and officers in the departments enumer- ated, or hereafter placed under this system, shall be deemed to be in the competitive service of the City of National City. Section 7. Irrespective of anything I o the contrary in this ordinance con- tained, the City Council of the City 1 of National City may make war emergency appointments not subject to competitive service rules or regu- lations. No such appointee acquires e competitive service or other permanent estatus. The City Council may, how- ever, grant to such emergency an- s pointee competitive service rights, as p provided under this ordinance. Every p such appointee shall be selected from t the eligible list, and shall be other- wise eligible and qualified for perm- reanent appointment. f Section 8. Adoption of Rules. In u addition to such other matters as .q may be necessary and proper to 1i carry out the intent and purpose of l this ordinance, rules shall be formu- c fated, and shall be adopted by the City Council establishing specific pro- p J &�l``% „ ( I cedure to govern the following phases of the personnel program: (a). The preparation, installation, re- vision and maintenance of a position classification plan cov- ering all positions in the com- petitive service which sets forth tile duties and requirements of each position. (b). The formulation of minimum standards and qualifications for each class of position. (c). The public announcement of va- cancies and examinations and the acceptance of applications for employment. (d). The preparation and conduct of examinations and the establish- ment of use of employment lists containing names of persons eli- gible for appointment, (e). The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency ap- pointments. (f). Toe evaluation of employees dur- ing the Probationary period. (g). The transfer, promotion, demo- tion and reinstatement of em- ployees in the competitive ser- vice. (h). The separation from the service of employees through layoff, suspension, dismissal and for in- capacity to perform required duties. (1). The standardization of hours of work, attendance a.nd leave re- gulations, working conditions and the development of employee morale, welfare and training. (j). The maintenance and use of ne- cessary records and forms. (k). The establishment of residential requirement may be put in by the City Council. m, Section 9. Appointments. Appoint- .y. to vacant positions in the com- petitive servi, e shall be made in ac- cord;i.n_e with the rules established hereunder and from employment lists resulting from competitive examina- tion, or by promotion, transfer, de- mition or reinstatement. Appointments shall be made by the City Council. Tf appointment is to be made from employment or promotional lists, the names of persons willing to accept appointment shall be certified to the City Council by the Personnel Clerk 'a the order in which they appear on t_.e lists. The number of names certi- fied shall exceed by two the number of vacancies to be filled. In the absence of appropriate em- ployment lists, a temporary appoint- ment may be made by the City Coun- cil of a person meeting the mini- mum qualifications for the position, provided however, that an employ- ment list shall be established for such position within ninety days, subject to the provisions of Section 7 of this ordinance. No person shall be employed by the city under tem- porary appointment for a total of more than ninety days in any fiscal year, except in the event of emer- gency, the City Council may appoint such persons as are required to meet t e situation. No credit shall be allowed in the giving of any examination or the establishment of any employment or promotional lists, for service rendered under a. temporary appointment. During the period of suspension of any employee, or pending final action on proceedings to review the suspen- sion, demotion or dismissal of an em- ployee, the vacancy created may be filled by the City Council only by temporary appointment. Section 10. Probationary Period. Subject to the provisions of Section 7 of this ordinance, all original and Promotional appointments from and after the enactment of this ordinance shall be for a probationary period of six months, during which period the employee may be rejected at any time without cause. An employee rejected during the e'obationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless said mployee is discharged as in this rdinanee. provided. Any employee in the competitive ervice promoted or transferred to a osition not included in the com- etitive service shall be reinstated to he position from which he was pro- moted or transferred if, within six onths after such promotion or trane- er, action is taken to dismiss him, nless charges are filed and he is ischarged in the manner provided n this ordinance and the rules estab- shed hereunder for positions in the ompetitive service. Section 11. Status of present Em- loyees, Any person holding a po- sition or employment included in the competitive service who, on the ef- fective date of this ordinance, shall have served continuously in such po- sition, or in some other position in- cluded in the competitive service, for a period of at least six months im- mediately prior to such effective date, shall assume regular status in the competitive service in the position held on such effective date without preliminary examination or working tests, and shall thereafter be subject in all respects to the provisions of this ordinance. , Every person entitled to reemploy- ment by the City of National City, as provided by and in the Federal Leg- islation known as the Selective Ser- vice Act shall be reinstated -to such position as provided by said act upon proper application therefor. The person whose position is filled as aforesaid shall be demoted to the position immediately below in said employee's department, and any per- son whose position is filled by a de- moted employee shall likewise be de- moted to the position immediately be- low in said department. Whenever there are two or more persons in each or any grade, rank, or position subject to demotion as in this paragraph provided, then, in that event, the employee with the least period of time of continuous service in the said grade, rank, or position shall be the employee de- moted. This paragraph shall prevail and be given effect over any and all con- flicting provisions in this ordinance. Any other persons holding posi- tions or employments in the competi- tive service shall be regarded as holding their positions or employ- ments as probationers who are serv- ing out the balance of their proba- tionary periods before obtaining reg- ular status. Section 12. Removal and Suspension of Employees. The City Council or department head in whom is vested disciplinary or removal power, shall be allowed full freedom in its or his action on such matters, it being the intent and spirit of this ordinance to provide a fair and just approach to municipal employment in order that city employees may be selected on a basis of merit, but• in no sense, to handicap or curtail the responsible administrative officer in securing ef- ficient service. All persons holding Positions in the competitive service shall be subject to suspension with- out pay for a period of not exceed- ing thirty days for each suspension, and also to demotion or removal from office or employment for misconduct, incompetency, inefficiency, or failure to performduties, or to observe the rules and regulations of the depart- ment, office or board, but subject to the right of appeal of the ag- grieved party to the Civil Service Commission in the manner set forth herein. Section 13. Filing of Charges. Any employee in the competitive service who has been demoted, dismissed or reduced in pay shall have delivered to said employee a written statement of the reasons for such action within three days after the effective date of such suspension, demotion, or dis- charge. Delivery of said written state- ment may be made personally or by placing such notice in an envelope properly addressed to said employee, postage prepaid, sealed, and deposited in the United States mail. In the event the employee in the competi- tive service who has been demoted, dismissed, or whose pay has been re- duced, desires, a hearing before the (civil Service Commission on said de- motion, dismissal, or reduction -of Pay, said employee shall within three (3) days from the date of delivery of said written statement to him, file with the Personnel Clerk, a written protest and the reason there- for, which shall be deemed a request for hearing as in section 14 of this ordinance provided. A copy of said written statement shall be filed with the Personnel Clerk. In the event an employee files a protest, a Copy of such written statement and protest shall be transmitted by the Person- nel Clerk to the Civil Service Com- mission within ten days from the date of filing said protest. The Com- mission shall then investigate the case and conduct a hearing, as pro- vided by Section 14 of this ordinance, and by the rules. The provisions of this section and of Section .14 shall not apply to reductions in pay which are a part of general plan to reduce salaries and wages as an economy mecsure, or as part of a general cur to ilment program, Section 14. Right of Appeal. Any employee in the competitive s,er, ice shall have the right to appeal to the CI, it Service Commission relative . to any situation affecting his employ- ment stet. es or conditions, of employ- ment. Thereupon the CemintSsion shall make such investigation and within twenty (29) days after the request for hearing was filed by the em- ployee, the Commission shall hold a pube is hearing, at which time it shall hear evidem e for and against su h employee. Hearings may be informal- ly conducted and the rules of evi- dence need not apply. Within ten days after concl❑ding he herring the Civil Service Com- m ission shall certify its findings and recommendations to the City Council. Said City Council may then affirm, revoke or modify the action taken, and said action by the City Council shall be final and conclusive. The said City Council shall affirm, modi- fy, or revoke the said findings and recommendations made by the Ci' 11 Service Commission within thirty (30) clays after said findings and recom- mendations have been certified to the said Ci`y Council as aforesaid. Section 15. Reduction of Personnel • Whenever in the judgment of the City Council it becomes necessary in the interestof economy, or be- cause of the necessity for the posi- tion involved no longer exists, the City Council may make reductions of personnel in the competitive service and lay off the employees holding each positions or employment. Should such position or employment. or any position involving- n.11 or any of the se me duties, be reinstated or created within two years, the employee laid off shall be eligible to be appointed there.l.e in preference to any other eu alified person on the eligible list for such position. The City Council shall observe the seniority rule in -r,.ttin:l into effe_t any such reduc- tion in personnel. Section 16. Improper Political Activi- ty. No person holding a position in the competitive service herein crea- ted shall seek or accept election, n orrnination or appointment as an of- fier of a. political club or organiza- tion, or take an active part in a county or municipal political cam- paign, or service as a member of a committee of such club or organi- zation o• circle, or seex signatures to any petition provided for by any law except as hereinafter provided, or act as a worker at the polls, or distribute badges or pamphlets. dodgers or handbills of any kind favoring or opposing any candidate for election, or for nomination to a public office, whether county or municipal; provided, however, that nothing in this ordinance shall be construed to prevent any such offi- cer or employee from becoming or continuing to be a member of a po- litical club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote, or from seeking or accepting election or appointment to public office, or to prevent any such officer or em- ployee from seeking signatures to any initiative or referendum petition directly effecting rates of pay, hours of work, retirement, civil service or other working condition of such offi- cer or employee, or from distribut- ing badges or pamphlets, dodgers or handbills, or other participation in any campaign in connection with such petition, providing such activity is not carried on during hours of work, or when such officer or em- ployee is dressed in the uniform, if any, required in any department of the city government. Any willful violation thereof, or Rio..tion through culpable negligence, shall be sufficient grounds to au- tnorize the discharge of any officer or employee. 1=n ,,:tic mi in the competitive ser- vice herein created or seeking :ad- mission thereto, shall be employed, ed, demoted. or discharged, or in any way favored or discriminated against be, ause of political opinions or affiliations, or because of race dr religious belief. Mat.no .1't- Solicitation of Contri- butions. No officer, agent, clerk or employee, under the government cf teo city, and no candidate for any city office shall, directly or indi- re tly, solicit or receive. or be in ally manner concerned in soliciting or receiving any assessment, sub- scription or contribution, for any political purpose whatever from any- one on the employment lists or hold- ing any position under the provisions of this ordinance. Section 13. Right to Contract for Special Service. The City Council may ' contract with any competent a envy for the performance by such agency of such technical service in < ennection with the establishment of the alien Service System or with its operation, as may be desired. Said contract may include the delegation I o ,.h. an agency responsible for the elierformance of the duties here- in 'imposed upon the Civil Service Commission a.nd, the Personnel Clerk, but shall not include the delegation to such agencyof the powers and c1 - ties 1:crein vested in the City C tuncil. Section 19. .Appropriation of Funds. The City Council shall appropriate such funds as are necessary to carry out the provisions of this ordinance. Section 20, If any section, subsec- tion, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the alidity of the remaining portions of this ordinance. The City Council here- by de_l ores that it would have passed this ordinance, and each sec- tien, subsection, subdivision, sentence, cause and phrase thereof, irrespective of the fact that any one or more se tions, subsections, subdivisions, sentences, clauses or phrases be de- clared unconstitutional. Section 21. This ordinance shall take effect thirty days after the. d;:te of its adoption, and prior to the effective date thereof shall be published at least once in the Na- lional City News, a weekly news- paper of general circulation, published and circulated in the City of Na- tional City, and thenceforth 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 4th day of S'eptcmber, 1945, by the following vote, to -wit: AYE'S Councilmen Christman, Cor- dingly, Newberry, Thatcher, NAYS : Councilmen Fritz. ABSENT: None. Gilbert E. Fritz, Mayor of the City of National City, California. ATTEST: Frank W. Rogers, City Clerk. T hereby approve the foregoing Ordinance this 4th day of September, 1945. Gilbert E. Fritz, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 712 of the Ordinan- ces of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on th 4th dayif September, 1945. ank W. Rogers, y Clerk pf ,,e al AND I HEREBY CERTIFY THAT the same has been duly published accord- ing o law. CITY CLERK, CITY 9 NTAT OVAL CITY, C >LiF- ORNIA .