HomeMy WebLinkAboutCC Ord 577 1961-06-06
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ORDINANCE NO. 577
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
CERTAIN PROVISIONS OF ORDINANCE NO. 476.
5 The city Council of the city of Seal Beach does ordain
6 as fol1ows:
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Section la Section 2 of Ordinance No. 476 is hereby
9 amended to read as follows a
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"Section 2: There is hereby created a Civil Service
12 Board, consisting of five (5) members to be appointed by
13 the City Council at their first regular meeting after the
14 adoption of this Ordinance. Each of the members shall be
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a person of good repute in his business, profession, or
occupation~ and known to be in sympathy with the merit
system or Civil Service System in the public service, and
with the control of employment matters through a central
personnel agency. No member shall hold any other city
office, and must be a bonafide resident and elector in the
City of Seal Beach. At the time of said appointment, the
city Council shall designate one (1) of the citizens so
appointed to serve for a term which shall expire July 1,
19561 one (1) of the citizens so appointed to serve for a
term I"hich shall expire July l, 19571 and one (1) of the
citizens so appointed to serve for a term which shall
expire July 1, 1958, one (1) of the citizens so appointed
to serve for a term which shall expire July 1, 1959r and
one (l) of the citizens so appointed to serve for a term
which shall expire July 1, 1960. At the expiration of
each of the terms so provided for, a successor shall be
appointed for a term of six (6) years. Any member of such
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Board may be removed from office for incomp., ,,-,..-" ...-/
incompatibility, or dereliction of duty, or I.. sance "in
office, or other cause, by the appointing powerr provided,
however, that no member of the Board shall be removed until
charges have been preferred, in writing, and after due
notice a hearing is had before the city Council. Any
decision of such Council shall be final.
Vacancies of the Civil Service Board from whatever
cause shall be filled by the city Council for the ensuing
or unexpired term.
The Civil Service Board shall keep a record of its
proceedings and transactions, and shall provide rules and
regulations for the keeping of personnel records. Such
rules and regulations shall have the force and effect of
law. n
Section 2. Section 3 of Ordinance No. 476 is hereby
amended to read as fol10ws:
.Section 3: The Civil Service Board shall establish
classes for all offices and places of employment mentioned
in Section 4 of this ordinance with reference to the
eXaminations herein provided for. Each class shall include
all positions sufficiently similar in respect to the duties
and responsibilities therefor in whichr (a) the same
requirements as to education# experience, knowledge and
ability are demanded of incumbentsr (b) the same tests of
fitness may be used in choosing qualified appointees;
(c) the same schedule of compensation may be made to apply
with equity.
The offices and places so classified by the board shall
constitute the classified civil service of said city, and
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no appointment to any suCh offices and places shall be made
except under and according to the rules hereinafter
mentioned. '
The board shall give appropriate titles to the positions
so classified, and the titles so given shall be used in all
records and communications of the board, the finance officer
and the Treasurer and in all reports and payrolls providing
for the payment of personal services.-
Section 3. Section 4 of Ordinance No. 476 is hereby
amended to read as follows.
.Section 4. The provisions of this Ordinance shall
apply to all departments. divisions and offices of the city
government including therein all full time employees to the
city, except that the following shall be exempt therefrom.
to-wit.
All officers elected by the people; all members of
the city Council; all members of the Civil Service Board;
the assistants, deputies. clerks and stenographers of the
city Attorneyr the City Attorney; and the City Manager..
Section 4. section 5 of Ordinance No. 476 is hereby
repealed.
Section 5; Section 6 of Ordinance No. 476 is hereby
amended to read as follows.
.Section 6; The City Manager shall serve as or
30 appoint a personnel officer whose duty it sha11 be to
31 administer the Civil Service System. He shall be the
32 custodian of all personal records and shall be the Official.
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1 upon or with whom all notices, requests for hearings,
2 complaints and other official documents shall be served
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or filed, and shall represent the Board when it is not in
4 session.
5 Said personnel officer shall establish and maintain
6 in indeX form a roster of officers and employees in the
7 Classified Service. He shall also prepare a record of the
8 length of service of each employee in the Classified Service,
9 together with a concise statement of all duties being
10 performed by said employee, the salary being paid, and the
11 hours of work of said employee. He shall render such
12 additional services in connection with such Civil Service
13 system as may be requested by the city Council.
14 The duties of the office of personnel officer may be
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combined with those of any other office in the-event the
work involved does not warrant, in the discretion of the
17 city Council, the creation of a special position.-
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Section 61 Section 8 of ordinance No. 476 is hereby
20 amended to read as follows &
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.Section 8, All rules made as hereinbefore provided,
23 and all changes therein, shall be duplicated for distribution
24 by said Board. ~ posting at city Hall, the Board shall
25 give notice of the place or places where said rules may be
26 obtained, and in such notice shall be spec:ified the date,
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not less than thirty (30) days subsequent to the date of
such notice, when rules shall go into operation.R
Section 7; Section 9 of ordinance No. 476 is hereby
31 amended to read as follows;
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.Section 9; All applicants for office, places, or
employments in said classified civil service, shall be
subject to examination, which shall be public, competitive
and open to all citizens of the United states, with specified
limitations as to residence, age, sex, health, habits,
6 eXperience and moral character. Such examinations shall be
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practical in their characters and shall relate to those
matters which will fairly test the relative capacity of the
persons examined to discharge the duties of the position to
which they seek to be appointed and, when appropriate, shal1
include, or exclusively consist of physical qualifications,
health, and manual skill. No question in any examination
shall relate to political or religious opinions or
affiliations. No limitation or restriction Whatsoever
shall be imposed, except in the departments of fire and
police, fixing a maXimum age in excess of which persons
shall be deprived from taking examinations for or being
employed in the classified service. The Board shall
authorize all examinations.. and may, whenever an examination
is to take place, direct the personnel officer to prepare
and conduct such eXamination with appropriate asastance
when necessary."
Section 8. Section 10 of ordinance No. 476 is hereby
amended to read as followsl
.Section lOa In all written entrance examinations,
held pursuant to this ordinance, the Civil Service Board
shall, in addition to all other credits. give a credit of
ten percent of all the total credits specified for such
eXaminations to all former soldiers, sailors, or marines,
Who have served in the un!ted states Army, Navy, Marine
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1 Corps or Air Corps, or in any division thereof, in time of
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war and arehonorably discharged, or are honorably
discharged from active service. although then on the reserve
list, and also to the wife of any such honorably discharged
soldier, sailor, or marine who. while engaged in such service
in time of war. was wounded or crippled and thereby prevented
from engaging in any remunerative occupation, and also the
widow of any soldier I sailor or marine killed in such
service.n
l2 amended to read as follows.
Section 9a Section 11 of Ordinance No. 476 is hereby
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.Section ll; Notice of time, place and general scope
of every examination shall be given by the Board by
publication for two weeks preceding such examination. and
such notice shall also be posted by said Board in a
conspicuous place at the city HaIl two weeks before such
19 examinations. Such further notice of eXamination shall be
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given as it may prescribe, provided, that for registration
in the class of unskilled laborers medical or physical
eXaminations may be made or held from day to day as applicants
present themselves, and without previous notice..
Section lOa Section 12 of Ordinance No. 476 is hereby
26 amended to read as follows a
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nSection 12: From the examinations made by the Board,
it shall prepare a register in each class of position, in
the classified civil service. of the persons whose general
average standing upon examination for such class is not less
than the minimum fixed by the rules of said Board, and who
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are otherwise eligible; provided, however, that the Board
may prescribe a minimum score in the written portion of any
examination of not to exceed sixty-five percent (65%), in-
cluding credit for past service in examinations far promotion,
and may exclude from Subsequent portions of the examination
any candidate who fails to attain such minimum score..
Section 11, Section 13 of Ordinance No. 476 is hereby
amended to read as fo110ws;
.Section 13; The Board shall by its rules provide
for the promotion in such classified civil service on the
basis of ascertained merit and seniority in service and
examination, and shall provide in all cases where it is
practicable that vacancies shall be filled by promotion.
All examinations for promotion shall be competitive among
such members of lower ranks as desire to submit themselves
to such examination and who have such eXperience, qualification
or qualifications as may be required by the Board as a,
prerequisite for taking such examination; and it shall be
the duty of the Board to submit to the appointing power
for each promotion the name of the applicant having the
highest rating; but in fixing said rating an allowance of
credits, to be stated at the time of the announcement of
said examination, shall be made for past service. Names of
candidates on the register of eligibles for promotion shall
be stricken therefrom after they shall have remained thereon
two (2) years without re-eXamination. The Board shall
cause to be held promotional examinations at such times as
are needed to fill promotional positions in the classified
Civil Service in which there are vacancies. The method of
examination, and the rules governing the same, and the
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1 method of certifying shall be the same as provided for
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applicants for original appointment~ except as otherwise
provided in this section."
Section 12. Section l5(a) of OJ:di~nce No. 476 is hereby
6 repealed.
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Section 13; Subsections (b), (c) and (d) of Section 15
9 of Ordinance No. 476 are hereby amended to be designated
10 subsections (a), (b) and (c) and to read as follows. ,
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"Section 15. (a) When one or more positions are to
13 be filled. the appointing authority shall notify said
14 Board of that fact~ and said Board shall certify to such
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appointing authority the names and addresses of two more
candidates than the number of positions to be filled, who
17 stand highest on the register for the class to which said
18 positions belong, and said appointing authority shall fill
19 such places from the names certified within thirty (30)
20 days from date of said certification. In making such
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certifications~ seX shall be disregarded, except when some
statute, the rules of said Board or the appointing authority
specify sex.
(b) The candidate thus appointed shall
25 be employed on probation for a period to be fixed by said
26 rules, not exceeding six (6) months. At or before the
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expiration of the period of probation, the probationary
employee shall be rated by his supervisor and such
29 performance rating shall be reviewed by the City Manager.
30 If the employee's rating is satisfactory to the appointing
31 authority, the employee shall receive permanent employee
32 status 1 if the employee's rating is unsatisfactory, he shall
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1 be discharged at or before completion of the probationary
2 period.
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(c) To prevent the stoppage of public
4 business~ or to meet extraordinary exigencies~ any
5 appointing authority may make temporary appointments in the
6 classified civil service, under such rules as the Board
7 shall prescribe. By such rules the Board shall have power
8 to authorize such temporary appointments for not to exceed
9 one hundred and twenty (120) days.
10 In case the Board is unable to establish an eligible
11 list, or in case such eligible list is established but no
12 employees can be secured therefrom, the Board may provide
13 by rule for an extension of a temporary appointment, Which
14 extension shall not eXceed an additional one hundred and
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twenty (120) days.
Any temporary appointment made shall terminate
17 immediately when a regular appointment can be made. a
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section 14, Section 16(c) of Ordinance No. 476 is
20 hereby amended to read a~ follows;
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HSection l6; (c) reinstatements to the list of
23 eligibles. on recommendation of the appointing authority,
24 of persons who have become separated from the service or
25 have been reduced in rank. other than persons who have been
26 removed for cause,u
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Section 151 Section 17 of Ordinance No. 476 is hereby
29 amended to read as follows;
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"Section 17, There is hereby created, for the purpose
32 of hearing and determining charges made against any member
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1 of the classified servicee a Board to be known as the Trial
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Board~ which shall be composed of any three members of the
Civil Service Board. The verdict and judgment of the
majority of the Trial Board shall be final except as provided
in Section lS of this ordinance.
If an employee be convicted of a felony or malfeasance
in office or be adjudged insanee or absent himself from the
City for more than thirty (30) days without. leave granted
by the head of his department. the City Council shall. upon
recommendation of the appointing authority, declare his
position or office vacant and the vacancy shall be filled as
heretofore provided.d
Section l6; Section lS of Ordinance No. 476 is hereby
amended to read as follOWS;
.Section 18; (a) Except as otherwise prescribed in this
ordinance, no permanent employee in the Classified Civil
Service shall be removed or discharged from his position
or reduced in rank except for ineffiCiency, misconduct or
insubordination. Whenever the appointing authority shall
determine that discharge, reduction in rank or disciplinary
action should be taken against any employee, it may suspend
such employee from active duty, and shall, upon so determining
or upon so suspending any employee, promptly file charges
with the Civil Service Board, setting forth in detail the
grounds for such suspension, disciplinary action, or
reduction in rank or position, together with its recommendation
thereon. Such charges shall be in writing. and a copy
30 thereof served upon the employee so charged. Such employee
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so charged shall have the right 'to file an answer to such
charges within five (5) days from the date of service upon
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him of a copy thereof~ which answer shall De filed with the
CiVil Service Board, and with the appointing authority. The
CiVil Service Board shall thereupon set said matter for hearing
not less than five (5) days, nor more than ten (lO) days
after the filing of the answer to the charge. If the employee
Who is charged fails to file an answer within five (5) days
to the charges filed by the appointing authority~ the charges
shall be deemed to be admitted. and the recommendation of
the appointing authority accompanying ISU ch charges shall take
effect I and if discharge has been recommended. the suspension
of such employee shall become a permanent discharge as of the
date of the original suspension. If the employee so charged
files an answer within the five (5) days, then the Civil
Service Board shall convene as a IITrial Board" as provided
in Section 17 hereof, and shall inquire into the charges
made by the appointing authority, and may make such inquiry
,in such a manner as it deems best by ex parte investigation
by the Board or any committee thereof. but said Board shall
hold a meeting as hereinabove provid~~ at which time such
employee so charged and, the appointing authority shall be
permitted to make such showing as they may desire before said
Trial Board.
The employee so charged and the appointing authority
may~ at the hearing of such charges, be represented by
counsel~ and shall have the right to produce such witnesses
as they may desire to testify in their behalf. The
Chairman of the Board shall have the right to issue subpoenas
and compel the attendance of witnesses.
After such hearing, the Trial Board shall determine
Whether or not such charges or any part th~~eof are true.
and if it determines that none of the charges are true, the
said employee shall be reinstated and restored to duty, and
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1 shall be entitled to receive compensation during the period
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of his suspensione and pending such hearing and reinstatement.
If the Trial B~d shall determine that such charges or any of
them are true. it shall make its findings in accordance
5 therewith. and shall recommend such disciplinary action as
6 it may deem proper under the circumstances and findings. If
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such recommendations do not consist of a recommendation for
discharge. the employee charged and found guilty as herein
provided, shall be pri~ileged to accept such disciplinary
action as recommended by the Trial Board. but if such
recommendation is for his discharge I it shall be presented
to the city Council of the City of Seal Beach, and the city
Council shall take such action in the matter as in the
judgment of such city Council shall be proper and adequate
under the findings of the Trial Board.
If such recommendation of the Trial Board is for
disciplinary action other than for discharge. and the
employee charged and found guilty does not acquiesce or
consent thereto, then such recommendation shall be presented
to the city Council for its action as provided herein.
(b) No employee shall be dismissed because
of the discontinuance of the particular office or position
held by hime but employees dismissed because of curtailment
of eXpenditures, reduction in force, and for like causes.
shall be the last employee or employees, including temporary
appointees, that have been appointed to the classified
service in the affected classification, as the case may be.
until such reductions necessary shall have been accomplished.
Vacancies to be filled in the lowest rank, resulting from
such removal, shall be filled from the last employee or
employees that have been appointed to the next higher rank,
and their places likewise filled until proper distribution
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has been accomplished, provided further I that in the event
the said department shall again be increased in numbers, the
said employees dismissed, or reduced in rank, under the terms
of this section, shall have the privilege of being reinstated
before any new appointments to said department shall be
made. n
Section l7; Section 20 of Ordinance No. 476 is hereby
amended to read as follows:
.Section 201 Immediate notice in writing shall be
given by the appointing authority to said Board of all
appointments, permanent or temporary I made in such classified
civil service, and of all transfers, promotions I resignations.
or vacancies from any cause in such service and of the date
thereof. and a record of the same shall be kept by said Board.
When any office or place of employment is created or abolished,
or the compensation attached thereto a1tered, the officer or
board making such change shall immediately report in writing
to said Board..
Section IS; Section 26 of Ordinance No. 476 is hereby
amended to read as followsl
.Section 26; Any employee holding a position in the
classified civil service of the city who wilfully violates
any of the provisions of this ordinance I shall, after hearing
by the Board, be subject to reprimand by the Civil Service
Board, with the right in said Board to recommend to the
appointing authority of such employee to suspend or discharge
said employee..
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section 191 The city Clerk shall certify to the passage
2 and adoption of this ordinance by the city Council of the city of
3 Seal Beach and cause the same to be published once in the Seal
4 Beach .,Post and wave-.
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22 STATE OF CALIFORNIA
COUNTY OF ORANGE
23 CITY OF SEAL BEACH
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Seal Beach at a regular meeting thereof held on the t ~
day of ~
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Mayor of the City of seal Beach
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city Clerk
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I, F. W. HICKMAN, City Clerk of the City of Seal Beach
and ex-officio Clerk of the City council, do hereby certify to the
passage and adoption of the foregoing ord1njlss;e by the ~c y Council
at a regular meeting thereof held on the fLW day of _ I
1961, by the following vote. ~ ~
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ABSENT; councilmen ~-
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/ca #~J1~<..o"-----
City Clerk
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