Pursuant to the provisions of Initiative Ordinance No. 657 of
the City and Section 45000 of the Government Code, the provisions
of this Article are hereby established as the City's Civil Service
System.
The Personnel Clerk shall be appointed by the Administrative
Officer or designee serving as Assistant to him or her in the Personnel
Office. The Personnel Clerk's duties shall include the following:
(1)
Be custodian
of all personnel records.
(2)
Be the
official upon or with whom all notices, requests for hearings, complaints
and other official documents shall be served or filed.
(3)
Establish
and maintain a roster of officers and employees in the classified
service.
(4)
Prepare
a record of the length of service of each employee in the classified
service, together with a concise statement of all duties being performed
by said employee, the salary being paid, and other pertinent data
concerning said employee.
(5)
Render
such additional services in connection with such Civil Service System
as may be required by the Administrative Officer or designee with
the approval of the Mayor and City Council.
(Ord. 97-19 9-2-97)
The duties of the Personnel Clerk may be modified at the discretion
of the Administrative Officer or designee serving as Assistant to
him or her in the Personnel Office.
(Ord. 1980 1-23-69)
The Board of Review shall be comprised of five qualified electors of the City appointed by the City Council. The members shall serve without compensation and shall not hold any salaried public office or employment except as provided in Section 2-24.
Members of the Board of Review shall each serve for a term of
three years; two members serving terms which expire June 30, 1972,
one member serving a term which expires June 30, 1973 and two members
serving terms which expire June 30, 1974. Before the expiration of
each of the terms so provided for, but not earlier than sixty days
prior to such expiration, a successor shall be appointed by the City
Council for a term of three years.
Vacancies in the Board of Review shall be filled by appointment
by the City Council for the unexpired term. Each member of the Board
shall serve until his or her successor is appointed and qualified.
Any member of the Board of Review may be removed from office prior
to the expiration of his or her term of office by a four-fifths vote
of all the members of the City Council.
The Board may appoint some qualified person, either from among
its members or otherwise, to act as secretary thereof; provided, however,
that the City Council may in its discretion provide for the compensation
of such secretary for his or her services as such whether such secretary
is a member of said Board or otherwise.
In the event the City Council, under the powers reserved to
it, at any time or from time to time, contracts with a governmental
agency for the performance of any function which would otherwise be
performed by the Board of Review, then and in that event, and immediately
upon the taking effect of any such contract, any then existing Board
of Review shall be automatically dissolved and the members thereof
shall deliver to said contracting governmental agency all municipal
and civil service records, files and documents in the possession of
such Board of Review, or under its control.
In the event an outside agency is designated to serve as a Board
of Review, it shall have all of the powers and be subject to all of
the provisions of this Article as applicable to the Board of Review.
The City Council may contract with the legislative body or governing
board of any municipality or County within this State, or with any
State department for the performance by said governmental agency of
such technical services in connection with personnel selection and
administration as may be desired.
Services which may be contracted for include, but are not necessarily
limited to, the following:
(a)
The preparation
of rules and regulations for the administration of said Civil Service
System for recommendation for adoption by the City Council, and recommendation
upon all proposed amendments to such rules and regulations prior to
the adoption thereof by the City Council.
(b)
A study
of compensation being paid for each class of position under the classified
service, and of the hours of labor, sick leaves and vacations applicable
to each such class, and a report of the results of such study to the
City Council with such recommendations as such agency deems warranted.
Such studies may include: comparisons with rates of pay for comparable
services in commercial and industrial establishments and in other
public employments, surveys of prevailing market rates, costs and
standards of living, and of the City's policies, finances and means
with respect to the classified service.
(c)
Render
general counsel and advice to the City Council and any other official
of the City, relating to the installation, conducting or functioning
of the Civil Service System, or any matter connected therewith.
Except as otherwise provided in this Article, the Board of Review
shall hear all appeals or complaints filed or made under the Civil
Service System of said City. The Board shall keep a record of its
proceedings, and such records shall at all times during reasonable
business hours, be open to public inspection. All such hearings shall
be public, and shall be held within the City.
The Board of Review shall hear all appeals or complaints duly
brought before it. All hearings conducted by the Board shall be open
to the public and shall be held within the City. The Board of Review
may act as a body of the whole or designate a lesser number of Board
Members as a special Board to conduct any hearing as the Hearing Body.
Hearings may be informally conducted and the rules of evidence need
not apply. The Board of Review may cause to be made such investigation
as it may deem necessary prior to holding a public hearing.
In any investigation or hearing conducted by it, the Board shall
have the right and power to examine witnesses under oath and compel
their attendance or the production of evidence before it by subpoenas
issued in the name of the City, and attested by the City Clerk. Each
member of the Board of Review shall have the power to administer oaths
to witnesses.
It shall be the duty of the Chief of Police to cause all such
subpoenas to be served. It shall be unlawful for any person to refuse
or fail to attend or to testify in answer to such a subpoena duly
served upon him.
Within ten days after the matter is submitted to it, the Board
of Review shall render its findings and conclusions in writing and
shall certify them to the City Council.
After a public hearing, the Board of Review shall render its
decision as to the sufficiency of the reasons submitted for the discharge.
If the Civil Service Board of Review finds that the reasons are sufficient
to justify discharge, it shall so notify the Administrative Officer
and the appointing authority concerned of its decision, and the employee
will be deemed discharged. If the Civil Service Board of Review finds
that the reasons are not sufficient to justify such discharge, it
shall so notify the Administrative Officer and the appointing authority
concerned and such employee shall be restored to duty.
The conclusions, findings and recommendations of the Board of
Review and any action taken by the City Council, after receipt by
it of such conclusions, findings or recommendations of the Board of
Review, shall be final and conclusive and shall not be reviewable
in any court.
The provisions of this Article shall apply to each and all of
the appointive officers and employees of the City. All appointive
officers and employees shall be deemed to be and shall be in the classified
service of the City.
Rules and regulations governing the administration of the Civil
Service System and all amendments and additions thereto shall be adopted
by the City Council. All rules and regulations adopted by the City
Council shall not conflict with the provisions of this Article.
Such rules and regulations shall provide for the following matters
in addition to such others as may be necessary and proper in carrying
out the intent and purposes of this Chapter:
(1)
The classification
of all persons in the classified service.
(2)
The selection,
employment, advancement, suspension, demotion, discharge and retirement
of all persons in the classified service.
(3)
The holding
of open, free, competitive examinations, and the administering of
other suitable tests to fairly test the relative capacity of the persons
examined to discharge the duties of the position to which they seek
to be appointed. When appropriate, such tests shall include physical
examinations and qualifications and manual skill.
(4)
The public
advertisement of all examinations.
(5)
The right
of the City Council, to be exercised in its discretion, to terminate
the service or employment of any person under the classified service
at any time after such person shall have reached the age of seventy
years. No appeal from or review of any such action or determination
of said Council shall be allowed, as the determination and action
of said Council in all such cases shall be final and conclusive.
(Ord. 2058 6-18-71)
All appointments to positions or employments in the classified
service shall be made by the City Council, or by the officer in whom
is vested by law the appointive power (an officer having such power
of appointment being hereafter designated as an appointing officer)
from certified persons on eligible lists, which lists have been established
pursuant to the rules and regulations adopted under the authority
of this Chapter, except as hereinafter expressly otherwise provided.
(a)
Pursuant
to California Penal Code Sections 11105 (b)(10) and 13300(b)(10) which
authorize cities, counties and districts to access state and local
summary criminal history information for employment, licensing or
certification purposes, the City Council hereby authorizes access
to summary criminal history information for employment, licensing
or certification purposes to determine if there is specific criminal
conduct on the part of the subject of the record that would exclude
such subject from employment, licensing or certification.
(b)
The
City shall not consider a person who has been convicted on a felony
or a misdemeanor involving moral turpitude eligible for employment
or licensing; except, that such conviction may be disregarded if it
is determined that mitigating circumstances exist, or that the conviction
is not related to the employment or license in question.
(Ord. 90-29 10-16-90)
Temporary appointments shall not continue for a longer period
than six months and no person shall be eligible to serve as a temporary
appointee in any one or more positions for more than an aggregate
period of six months in any one fiscal year.
No credit shall be allowed in the giving of examinations for
service rendered under a temporary appointment.
All appointing authorities having disciplinary power shall be
allowed full freedom of action on such matters, it being the intent
and spirit of this Article to provide a fair and just approach to
municipal employment in order that City employees and officers may
be selected on a basis of merit, but, in no sense, to handicap or
curtail the responsible administrative officer in securing efficient
service.
In addition to the other grounds designated in this Code or
the Civil Service Rules, employees and officers within the classified
service shall be subject to suspension, demotion or termination for
misconduct, incompetency, inefficiency, or failure to perform duties,
or failure to observe the rules and regulations of the department,
office or board, but subject to the right of appeal of the aggrieved
party to the Board of Review in the manner set forth in the rules
and regulations. Suspensions without pay shall not exceed a period
of thirty days.
A reduction in pay greater than fifteen per cent in any twelve
month period shall be deemed a demotion within the meaning of this
Section, unless such reduction is a part of a general plan to reduce
all salaries and wages as a part of an economy or general curtailment
program.
Every employee shall be entitled to receive a written statement
of the reasons for his suspension, demotion or removal within seven
days thereafter and he shall have seven days' time after such statement
to answer in writing thereto. In the event such employee files an
answer, a copy of such written charges and of such answer shall be
forthwith filed with the Personnel Director. Any employee who has
been suspended, demoted or removed from office may, within ten days
after filing his answer, or in the event written charges have not
been made available to him within the time prescribed, then within
ten days after the expiration of the period within which same should
have been made available, file a written demand with the Personnel
Director requesting that the Board of Review shall review such suspension,
demotion or removal, in which event the Personnel Director shall without
delay file a copy of said reasons and the answer of the employee,
together with such other information as may be provided for in the
rules and regulations, with the Board of Review.
During the period of suspension of an employee or pending final
action on proceedings to review a suspension, demotion or dismissal
of an employee, the vacancy created may be filled by the appointing
power only by temporary appointment.
Whenever in the judgment of the City Council it becomes necessary
in the interests of economy or because the position involved no longer
exists, the City Council may abolish any position or employment in
the classified service and discharge the employee or officer holding
such position or employment. Should such position or employment or
any position involving all or any of the same duties be reinstated
or created within two years, the employee or officer discharged shall
be eligible to be appointed thereto in preference to any other qualified
persons on the eligible list for such position.
No person holding a position under the classified service shall:
(a) seek or accept election, nomination or appointment as an officer
of a political club or organization, or (b) take an active part in
a county or municipal political campaign, or (c) serve as a member
of a committee of such club or organization or circle, or (d) seek
signatures to any petition provided for by any law, or (e) to act
as a worker at the polls, or (f) distribute badges or pamphlets, dodgers
or handbills of any kind favoring or opposing any candidate for election
or for nomination to public office, whether county or municipal.
Any wilful violation of Section 2-48 or any failure to comply therewith through culpable negligence shall, of itself, be deemed to be sufficient grounds to authorize the discharge of an officer or employee.
The refusal of any officer or employee of the City to testify
under oath before any Grand Jury having jurisdiction over any then
pending cause or inquiry in which the investigation of government
bribery or misconduct in public office is involved shall constitute
good and sufficient ground for the immediate discharge of such public
officer or employee.
Nothing in this Article shall be construed to prevent any officer
or employee from becoming or continuing to be a member of a political
club or organization, or from attendance at a political meeting, or
from enjoying entire freedom from all interference in casting his
or her vote or from seeking or accepting election or appointment to
public office; provided, however, that a person holding a position
in the classified service must resign his position in the classified
service before seeking election to the office of Mayor, City Councilmember,
City Clerk or City Treasurer.
(Ord. 1569 1-31-61)
It is unlawful to promote, employ, demote or discharge any person
in the classified service, or to in any way favor or discriminate
against such person, because of his or her political opinions, affiliations,
religious belief or race.
No officer or employee of the City shall directly or indirectly
solicit or receive, or be in any manner concerned in soliciting or
receiving, any assessment, subscription, contribution or gift, whether
voluntary or involuntary, for any local political purpose whatever,
from anyone on the eligible lists or holding any position under the
provisions of this Chapter.
The City Council shall appropriate such funds as are necessary
to properly carry out the provisions of this Article.
The City Council shall not have the authority to withdraw any
department, officer or employee from the operation of such Civil Service
System, unless and until the withdrawal thereof shall have been submitted
to the qualified electors of the City at a special or regular municipal
election held in the City, and shall have been approved by not less
than a two-thirds vote of the electors voting on such proposition.
(Ord. 657 3-15-38)
