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HomeMy WebLinkAboutCC Ord 476 1955-06-28 \.,',~" ....-.1 Ir~;,~.~__ l 'I (' :~: hi' ",:' 0: I('I.^.L COpy . N- ( '(' li:~ TAI-~lcii'l to ,O.'^ , 1J1! ,1MB c rv CI.ERK'ii OFFICE ORDIN1\NCE NO. ..., IJ? ,1.~1\ ' . ....... . . .L AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE EXISTING CIVIL SERVICE 2 ORDINA NCE. f'. , :3 4 5 6 7 8 9 10 11 12 13 ill . z 0 0< 14 P "- ....3:5~ ':'_~ m 0 - Iii lI._ 15 ..... . , J ; t; ~ ~ Ii nlll .r- ~~J:.. 16 l aU z .. 0: 0:[ a - - IoIIIJ J: r;::~":ImlL 17 ~I-f'oo~ ..<~z ... ~ [] ~ _ oJ 18 III ~ 19 20 21 22 23 24 25 26 27 , 28 J 29 30 31 32 PAGE The City Council of the City of Seal Beach does ordain as follows: Section 1: Pursllant to the authority granted to the legislative body of - any city within the State under the provisions of "An Act authorizing the creation of a personnel system, merit system, or civil service system in cities, the creation of an office of personnel director, the appointment of a Civil Service Board; the delegation of certain authority to said personnel officer or Board in municipalities within this State; and prohibiting certain activities and providing penalties for the violation of said provisions, " the following Civil Service System is hereby adopted for the City of Seal Beach, California. , This is an ordinance to amend and replace existing ordinance No. 307, entitled an ordinance of the City of Seal Beach creating and establishing a Civil. Service System for said City, adopted and approved on February 19, 1945. The adoption amends ordinance No. 307 at the City of Seal Beach in every respect in which the two are in fonflict. Section 2: There is hereby created a Civil Service Board, consisting of --- five (5) members to be appointed by the City Council at their first regular meet- ing after the adoption of this Ordinance. Each of the members shall be a person of good repute in his business" profession, or occupation, and known to be in sympathy with the me~it system or Civil Service Sys~em 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 JilL-v. , 19~; one (1) of the citizens so appointed to I ,) serve for a term which shall expire IlJl.t I, ' 19t']; and one (1) of the citizens so a~pointed to serve for ~ term which shall expire T6ILf t) ,195l. one (1) of the citizens so appointed to serve for a term which shall expire JV LV '.J' 19$1f; and one (1) of the citizens so appointed to serve for a term which shall ex- pire Y"U{ I) , 1~;. At the e,xpiration of each of the terms so provided for, a successor shall be appointed for a term of six (6) years. Any member of such -1- 1 2 I 3 4 5 6 7 8 9 10 11 12 III 13 a z U 0< I;l "- 14 - z Il:~'''' ~.c i~~= 15 i~1 . ... U D . ,. ! J: III 16 . u z ~o::ffi~~ ~a~ma. 17 ~~SCJ ~o(l'lz '" ~ c < _ oJ 18 III ~ 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE ., . . Orqinance Numbe~ ' Board may be removed from office for incompetency, incompatibility, or dere- liction qf duty, or malfessance in office, or other cause, by the appointing power, 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 CouncU. 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 service records of the Police Department employees and the Fire Department em- ployees and for the classification of such employees. Such rules and regulation shall have the force and effect of law. Section 3: The Civil Service Board shall establish classes for all of- fices and places of employment mentioned in Secti~n 4 of this ordinance with reference to the examinations herein provided for. Each class shall include all positions sllfficiently simUar in respect to the duties and responsibilities therefor in which; (a) the same requirements as to educations, experience, knowledge and ability are demanded of incumbents: (b) the same tests of fit- ness 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 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, an the titles so given shal~ be used in all records and communications of the board, the Controller and the Treasurer. and in all reports and payrolls providing for the payment of personal services. Section 4: The provisions of this Ordinance shall apply to all depart- ments, 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: -2- 1 2 I 3 4 5 6 7 8 9 10 11 12 13 III . z U 0< ~ "- 14 ... - z ~~'''' <"0 I~~= 15 ,... ~ ~ ~ . .. ~:r... 16 . U z ....o::lE<(O e:::c!!:l~iE 17 ~ ~ S ~~ ~ ... "z '" w 0 -e t.. 18 rI1 . . 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE ,'. Ordinance Number. . ~ .. I . . All officers elected by the people; all members of the City Council; all members of the Civil Service Board; the assistants, deputies, clerks and steno- graphers of the City Attorney, and the City Attorney. Section 5: All officers and employees who, at the time of taking effect of this ordinance, would be included in the classified civil service. and who shall have been continuously in the service of the city for a period of six months prior to the adoption of this ordinance, shall be deemed to have the necessary quaiifications required by the provisions hereof. and shall retain their respec- tive positions llntil removed for cause, as provided herein. All officers and employees who, at the time of the taking effect of this ordinance, wOllld be in- cluded in the classified civil service but who have been in the service of the city for a period of less than six months, shall, during the period of six months from and after the taking effect of this ordinance, be deemed to be serving under probation and be subject to the same regulations as other candidates ser- ving under probation, as hereinbefore provided in this ortl'inance. Section 6: The City Council shall appoint a personnel clerk whose duty it shall be to act in the capacity of a secretary and clerk to the Civil Service System. He shall be the custodian of all personal records and shall be the of- fictal, upon or with whom all notices, reqllests for hearings, complaints and other official documents shall be served or filed. Said personnel clerk shall establish and maintain in index form a roster of officers and employees in the Classified Service. He shall also prepare a record of the length of service of each employee in the Classified Service, to. gether with a concise statement of all duties being performed by said employee, the salary being paid, and the hours of work of said employee. He shall render such additional services in connection with such Civil Service System as may be requested by the City Council. The duties of the office of personnel clerk may be combined with those of any other office in the event the work involved does not warrant, in the dis- cretion of the City COllncil, the creation of a special position. Section 7: Said Board shall from tilre to time make rules to carry out the pllrposes of this ordinance, and for the examinations and appointments in -3- ~ 1 2 I 3 4 5 6 7 8 9 10 11 12 III 13 D z U ii< 14 P "- - z II:~'''' :l"c i~~: 15 ,.., ~~~ . " ! J: III 16 D U z II IE <( D ~c~w:t .. .." 17 t;...Scs :2<"Z "l: ~ 9 18 rIJ ii 19 20 21 22 23 24 25 26 27 I 28 29 30 31 PAGE I, Ordlnance Number. . . . . . , . . . accordance with its provisions. Section 8: All rules made as hereinbefore provided, and all changes therein, shall be printed for distribution by said board. By publication in the official paper the board shall give notice of the place or places where said rules may be obtained, and in such publication shall be specified the date, not less tha thirty days subsequent to the date of such publication, when rules shall go into operation. 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 limita- tions as to residence, age, sex, health, habits, experience and moral character. An application fee in the sum of one dollar shall be charged and collected from each applicant for open competitive examination prior to the filing of any such application. Such examinations shall be 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 appoint- ed and, when appropriate, shall include, or exclllsively consist of physical qualifications, health, and manllal skill. No question in any examination shall relate to political or religious opinions or affiliations. No limitation or re- striction 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 control all examinations, and may whenever an examination is to take place, obtain the assistance of a suitable person or number of persons to aid it in preparing for and conducting such examinations. Section 10: In all original 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 United States Army, Navy, Marine Corps or Air Corps, or in any division thereof, in time of war and are honorably discharged, or are honorably discharged from active service, 32 although then on the reserve list, and also to the wife of any such honorably -4- ~ 1 2 I 3 4 5 6 7 8 9 10 11 12 13 III ! U 0< 14 tJ ...- ~~~~ I'~' 15 "< . . to U Ii . . ~ !Xw 16 oUz ..1l5~~ p.' D ":1m sa. 17 ::'rS ..... '" ..<(nz ,. ... a .-c !:.J 18 fll il 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE . Ordinance Numbej: discharged soldier, sailor, or marine who, while engaged in such service in time of war, was wOllnded or crippled and thereby prevented from engaging in any remunerative occupation, and also the widow of any soldier, sailor or marine killed in such service. Section 11: Notice of time, place and general scope of every examina- tion shall be given by the board by publication for two weeks preceding such examination in the official paper, and such notice shall also be posted by said board in a conspicuous place at the City Hall, and in its office, two weeks befor such examinations. Such further notice of examination shall be 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 appli- cants present themselves, and without previous notice. Section 12: From the examinations made by the board it shall prepare a register in each class of position, in the classified civil service, other than that of unskilled laborers employed by the day, 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 are otherwise eligible, and such per- sons shall take rank upon the register as candidates in the order of their rela- tive excellence, as determined by their examination without reference to priority of the date of examination; provided, however, that the board may pre- scribe a minimum score in the written portion of any examination of not to ex- ceed sixty-five per cent (65%), including credit for past service in examinations for promotion, and may exclude from subsequent portions of the examination any candidate who fails to attain such minimum score. The board shall also keep a register, upon which shall be entered, in the order of their application, the names of all who apply for employment in the class of unskilled laborers, and who, after such medical or physical examina- tion as the board may prescribe, are found to be capable of performing in a satisfactory manner the dllties of the occupation sOllght. In case any registered applicant in said class of llnskilled laborers shall be employed, and subsequently laid off or dismissed through lack of work, or through no fault of his own, that fact shall be forthwith certified to the Board of Civil Service by the head of the -5- 1 2 I 3 4 5 6 7 8 9 10 11 12 13 III . z U ii<C :- "- 14 i:~5Z clIIg I~~: 15 ," ~ ~ ~ Ii . .. !Z.. 16 . u Z o:lt'o(O ~a~~iE 17 ~...S ~~ t:I ~ . z < ~ 9 18 fI.l i 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE . Ord'inance Numbej: . , department in which such laborer was employed, and he shall be restored to his original place upon the register. Section 13: The board shall by its rilles 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 sllch 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 there- from after they shall have remained thereon two years without re-examination. The board shall cause to be held promotional examinations at such intervals that there shall at all times be maintained a register of eligibles for promo- tional positions in the classified civil service in which there are vacancies. The method of exa~ination, and the rilles governing the same, and the method of certifying shall be the same as provided for applicants for original appoint- ment, except as otherwise provided in this section. Section 14: The Civil Service Board may by its rules provide for statlls and seniority for civil service employees in classes other than those for which they were examined, where (a) an employee is incapable of performing satis- factorily the duties of his position because of injury or sickness resulting from the discharge of the duties of such position or from the discharge of his duties as a member of the armed forces of the United States in time of war, or (b) an employee has served not less than an aggregate of three years in the City ser- vice, and for any reason other than those specified above has become incapable of performing satisfactorily the duties of his position. Any rules adopted by the board pursuant to this section shall provide: (1) no employee may be placed in a different class unless he shall first have filed his written consent thereto; (2) no -6- 1 2 I 3 4 5 6 7 8 9 10 11 12 13 III . z U Do( 14 p ::!z lt~'"' 0( . c I~~= 15 '~~ -< . u 0 . .. ~:t.. 16 . U z -~~~~ r:::;D ":1m a. 17 ~. & ~~ ~ ~ "z . . c < !:.J 18 fIJ i 19 20 21 22 23 24 25 26 27 I 28 29 30 31 Ordinance Number, ," ... change of class status may be allowed where the same would result in a pro- motion) (3) no employee may be placed in a different class unless the board finds that he possesses the minimum qualifications required for such class and that he is capable of performing the duties prescribed therefor. No employee who is placed in a different class pursuant to the provisions of this section may at the time he is placed in such class be credited with more seniority therein than he had accumlllated in his former class. Section 15: (a) The appointing authority of a department in which a po- sition in the class of unskilled laborers employed by the day is to be filled, shal notify said board, shall thereupon certify to such appointing authority the name and address of the applicant standing first in order on the register of unskilled laborers, and the applicant thus certified shall thereupon be employed by such appointing authority. (b) The appointing authority of a department in which one or more po- sitions, classified under this ordinance except positions in the class of un- skilled laborers, are to be filled. shall notify said board of that fact, and said board shall certify to such appointing authority the names and addresses of two more candidates than the number of positions to be filled, who stand highest on the register for the class to which said positions belong, and said appointing authority shall fill such places from the name certified to him or it by said board therefor within thirty days from date of said certification. ~rovided, however, that when two or more positions are to be filled at the same time said board shall not certify to such appointing authority any additional names and addresses over and above the number of positions to be filled. In making such certifications, sex shall be disregarded, except when some statute, the rules of said board or the appointing authority specify sex. (c) The candidate thus appointed shall be employed on probation for a period to be fixed by said rules, not exceeding six months. At or before the expiration of the period of probation, the appointing authority of the department or office in which the candidate is employed may discharge him upon assigning in writing the reasons therefor to said board. If he is not thllS discharged dur- 32 ing the period of probation, his appointment shall be deemed complete. PAGE -7- . . 1 2 I 3 4 5 6 7 8 9 10 11 12 13 ~ . z f.) D< ::l "... 14 - z rz:~'''' <"0 I~~= 15 ,J. . -< , . U a . ,. !:I w 16 aUz ....u::~~ r.:C'1D1L 17 ~.6 ~. '" ..< z '" . 0 <: t J 18 1IJ ~ 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE O~dina~ce Numbej: " (d) To prevent the stoppage of public business, or to meet extraordinary exigencies, any appointing authority may make temporary appointments in the classified civil service, under such rules as the board shall prescribe. By such rules, the board shall have power to authorize such temporary appointments for not to exceed one hundred and twenty days. In case the board is unable to establish an eligible list; or in case such eligible list is established but no employees can be secured therefrom, the board may provide by rule for an-extension of a temporary appointment, which exten- cio:!. shall not exceed an additional one hundred and twenty days. Any temporary appointment made shall terminate immediately when a regular appointment can be made. The appointing authority of a department shall be the department head. Section 16: The Board shall, by its rules, provide for: (a) leaves of absence; (b) transfers; (c) reinstatements to the list of eligibles, or recommendation of the head of the department, of persons who have become separated from the service or have been reduced in rank, other than persons who have been removed for cause; (d) the tenure of persons appointed from a register of eligibles to po- sitions determined by the board to be temporary or intermittent in character; any rules adopted pursuant to this subdivision shall provide that when appoint- ment is made to a position determined to be temporary or intermittent the pro- visions of Section 15 with respect to period of probation and completion of ap- pointment shall not be applicable. Section 17: There is hereby created, for the purpose of hearing and determining charges made against any member of the classified service, a board to be known as the Trial 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 18 of this ordinanc If the accused be found guilty, said board shall report their findings and recom- rr~endations to the City Council. -8- 1 2 I :5 4 5 6 7 8 9 10 11 12 III 13 B z t.l 00( 14 P "- - z i=~'''' 0("" I~~: 15 ,... .0(' ~~~ ! r III 16 . " z ~ II: 0( a &:D~:ilE 17 -~. =~g~ .. ." ~ t.J 18 III ~ 19 20 21 22 23 24 25 26 27 I 28 29 30 31 Orp.ina~ce Numbe~," ~ '. If a member of the classified service be convicted of a felony or mal- feasance in office or be adjudged insane, 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 head of the department, de- clare his position or office vacant and the vacancy shall be filled as heretofore provided. Section 18: (a) No person in the Classified Civil Service shall be re- moved or discharged from his position or reduced in rank except for ine,fficienc , misconduct or insubordination. Whenever the Head of any department under Civil Service shall determine that discharge, reduction in rank or disciplinary action should be taken against any member of his department, he may sllspend such member from active duty, and shall, upon so determining or upon so SllS- pending any member, immediately 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 his recommendation thereon. Such charges shall be in writing, and a copy thereof served upon the member so charged. Elllch member so charged shall have the right to file an answer to such charge~ 'within five (5) days from the date of service, upon him of a copy thereof, which answer shall be filed with the Civil Service Board, and with the Head who filed such charges. The Civil Service Board shall thereupon set said matter for hearing not less than five, not more than ten days after the filing of the answer to the charge. ,If the member who is charged by the Head of his de- partment fails to file an answer' within five days to the charges filed by the Head I ' of the department, the charges shall be deemed to be admitted, and the recom- mendation of the Head accompanying such charges shall take effect, and if dis- charge has been recommended, the suspension of such member shall become a permanent discharge as of the date of the original suspension.: If the member .1 so charged files an answer within the five days, then the Civil Service Board shall convene as a "Trial Board" as provided in Section 17 hereof, and shall inquire into the charges made by the Head of the Department, and may make such inquiry in such a manner as it deems best by ex parte investigation by the 32 Board or any committee thereof, but said Board shall hold a meeting as herein PAGE -9- . 1 2 I 3 4 5 6 7 8 9 10 11 12 III D 13 z u 00( P ::! z 14 ~:t'", o("c I1Ji 15 .0(1 ~ U a " .. ! ::I III 16 Il~~~ &:0 !!;l:il f 17 P~bl3 1Io.P( f'I Z ,e wC <( t oJ 18 rIl ~ 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE O~dipa~ce Numbe~'. above provided, at which time such member so charged and the Head of the de- partment shall be permitted to make such showing as they may desire before said trial board. The member so charged and the Head of the Department, may, at the hearing of such charges, be represented by cOllnsel, and shall have the right to produce sllch witnesses as he may desire to testify in his behalf. The Chair- man of the Board shall have the right to issue subpoenas and compel the attend- ance of witnesses. After such hearing, the trial board shall determine whether or not such charges or any part thereof are true, and if they determine that none of the charges are true, the said member shall be reinstated and restored to duty, and shall be entitled to receive compensation during the period of his suspension, an pending such hearing and reinstatement. If the Trial Board shall determine that such charges or any of them are true, they shall make their findings in accord- ance therewith, and shall recommend such disciplinary action as they may deem proper under the circumstances and findings. If such recommendations do not consist of a recommendation for discharge, the person charged and found guilty as herein provided, shall be privileged to accept such disciplinary action as recommended by the Trial Board, but if such recommendation is for his dis- charge, 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 person charged and found guilty does not acqlliesce or consent thereto, then such recommendation shall be presented to the City Council for their action as provided herein. (b) No member shall be dismissed because of the discontinuance of the particlllar office or position held by him, but employees dismissed because of curtailment of expenditures, redllction in force, and for like causes, shall be the last employee or employees, including temporary appointees, that have been appointed to the classified service, as the case may be, llntil such reductions necessary shall have been accomplished. Vacancies to be filled in the lowest -10- 11IIII' . . I 10 11 12 lIil 13 a z U ii< 14 ~ ::! Z =~~~ I~~= 15 '''0 ~~~ m .. ! J: 101 16 aU z ttlEo(O &:D!!J~a: 17 .~ ... r- "'~g~ ;l:! we -c ~.. 18 III ~ 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE . . . Ordl.nance NumbeF~' . 1 rank, resulting from such removal, shall be filled from the last employee or 2 employees that have been appointed to the next higher rank, and their places :3 likewise filled until proper distribution has been accomplished; provided fur- 4 ther, that in event the said department shall again be increased in numbers, the 5 said men dismissed, or reduced in rank, under the terms of this section, shall 6 have the privilege of being reinstated before any new appointments to said de- 7 partment shall be made. 8 Section 19: Whenever it is claimed by any person that he has been lln- 9 lawfully suspended, laid off or discharged, and that such lay-off, suspension or discharge is ineffective for any reason, any claim for compensation must be made and a demand for reinstatement must be presented in writing within ninety days following the date on which it is claimed that such person was first illegally wrongfully or invalidly lai~ off, suspended or discharged. Such demand for re- instatement must be filed with the Civil Service Board and such claim for com- pensation for such allegedly wrongful, illegal or erroneous discharge must be filed with the City Clerk. Failure to file such demand for reinstatement must be completed and proved a condition precedent to the maintenance of any action for reinstatement. Proof of filing the claim for compensation within the time and in the manner herein specified shall be a condition precedent to any recover of wages or salary claimed to be due on account of said lay-off, suspension or discharge. Except as herein specified, such claims for compensation shall conform to any reqllirements established by law. Section 20: Immediate notice in writing shall be given by the appointing powers, to said board. of all appointments, permanent or temporary, made in such classified civil service, and of all transfers, promotions, 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 altered, the officer or board making such change shall immediately report in writing to said board. Section 21: The board shall investigate the enforcement of this ordin- ance and its rules, and the conduct and action of the appointees in the classified -11- . . 1 2 , 3 4 " 5 6 7 8 9 10 11 12 ~ G 13 z 0 ii< :l "- 14 - z p:~~", I,g, 15 ~.J ~ ~ ~ Ii . .. . ~:rw 16 . U z . < 0 .cr;a~wx .. ... 17 t;~SCJ )1 . z -< ~9 18 rn Ii 19 20 21 22 23 24 25 26 27 I 28 29 .- 30 31 32 OrQ{~a~e Numbe~,~ . '. civil service in this city. All officers of said city shall aid the board in all proper ways in carry- ing out the provisions of this ordinance. Section 22: The secretary and any other employee or agent authorized by the board by order entered in the minutes, shall hav:e the power to administe oaths in matters pertaining to the work of the board. Section 23: Any false statement willfully made under oath either in any application or other paper filed with the board or in any proceeding before the board or in any investigation conducted by or under the jurisdiction of the board, or in any proceeding arising under this ordinance shall be punishable as a misdemeanor. Section 24: Any officer or other person who shall willfully or corruptly, by himself or in cooperation with one or more other persons, defeat, deceive, or obstrllct any person in respect to his or her right of examination, or cor- ruptly or falsely mark, grade, estimate, or report upon the examination of proper standing of any person examined hereunder. or aid in doing BO, or wil- fully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined. of being employed, appointed or pro- moted, shall be guilty of a misdemeanor and punishable by imprisonment in jail for a period not exceeding three (3) months or by a fine not exceeding Three Hundred Dollars ($300.00), or by both such imprisonment and fine. Section 25: No applicant for appointment in said classified civil service either directly or indirectly, shall payor promise to pay any money or other valuable thing to any person whatever for or on accollnt of his appointment, or proposed appointment, and no other officer or employee shall pay, or promise to pay, either directly or indirectly, any money or other valuable thing what- ever, for or on account of his promotion. The commission of any act pro- hibited by this section shall be a misdemeanor and punishable by imprisonment in jail for a periOd not exceeding three (3) months or by a fine not exceeding Three Hundred Dollars ($300.00). or by both such imprisonment and fine. Section 26: Any person holding a position in the Classified Civil PAGE -12- . ." .' , ' . 1 2 I, 3 4 5 6 7 8 9 10 11 12 ill 13 D z U ii-c ~ J- 14 ....:t::iz ~ . '" ~5 [] _ t-b._ I~H 15 .u. . .. :!;:r... 16 . u z . II:: It 0( a ~D~W% "... ma. 17 ;'~GCI - . z .. . [] ... . oJ 18 00 ij 19 20 21 22 23 24 25 26 27 l;1 28 29 30 31 32 PAGE , , , . O~inaRce Numb~.~ Service of the City who wilfully violates any of the provisions of this ordinance, 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 power of such person to suspend or discharge said person. Section 27: Any person holding an office or employment in any depart- ment placed by the legislative body under the Civil Service System shall not: (a) Seek or accept election, nomination, or appointment as an officer of a political club or organization. (b) Take an active part in a county or municipal political campaign. (c) Act as a worker at the polls or distribute badges, pamphlets, dod- gers, or handbills of any kind favoring or opposing any candidate for election or nomination to a county or city office. This section does not prevent any officer or employee from: (a) Becoming or continuing to be a member of a political club or or- ganization. (b) Attendance at a political meeting. (c) Enjoying entire freedom from all interference in casting his vote. (d) Seeking or accepting election or appointment to public office. (e) Seeking signatures to any initiative or referendum petition 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 on during hours of work, or when he is dressed in the uniform re- quired in any department of the city government. The violation of any provision of this section is ground for discharge of any employee or officer. Section 28: The Civil Service Board shall prescribe the vacation rights of all classified employees throughout the city government, which shall be, for all such employees except policemen, not less than two weeks of vacation with full pay for each year of service completed by any such officer or employee. Policemen shall receive not less than fifteen working days of vacation with full -13- .oil r-- ' ~-I Ordinance Number . 1 pay for each year of service completed by any such policeman. 2 Section 29: Any person, firm or corporation violating any of the pro- 3 visions of this ordinance shall be deemed guilty of a misdemeanor and upon a 4 conviction thereof shall be punishable by a fine of not more than $300.00 or by ./' 5 imprisonment in jail for a period of not more than ninety days, or by both such 6 fine and imprisonment. ~ ~ tl . <( p "- Q:;:~~ ~:'i,~" ~ ~ ~ ~ i 15 l':m'''~ C ~ ! i III 16 ",z~~~ ...O:wW:J: r.: ~ ' ". 17 ;;t-Iil!l ~.c 1'1 Z ~ - III IJ .'-' \i 7 8 9 10 11 12 PAGE Section 30: If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such de- cision shall not affect the validity of the remaining protions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivision, 13 sentences, clauses or phrases be declared unconstitutional. 14 Section 31: The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Seal Beach, and shall cause this ordinance to be published once in the Seal Beach Post and Wave, a news" 18 paper of general circulation printed, published and circlllated in the City of Seal Beach. 19 20 21 22 23 Passed, approved and adopted by the City Council of the City of Seal "IJ~M"~ ....A/p; Beach at a regular meeting thereof held on the ~__day of , 1955. ATTEST" ~~~L BEACB ~,~ II CIT Y CL~..H.K 24 25 26 STA TE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) ss: ) I, F. W. HICKMAN, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council, do hereby certify that the foregoing and attached or- dinance was finally passe~JIBP.<",~~d and adopted by the Ci~X COllnc. of the City of Seal Beach at a regulal";,meettng1:hereof held on the ?/?f!:iday of 29 . 1955, by the following vote: 27 28 30 31 32 Ayes: Councilmen I.~NIrAIJ .(,G04'.A;fP. C-4J,,,tJ CI. 4/t1( Noes: Councilmen .,,1f/4$-- " , Absent: Councilmen .cI.AH~C4U Pass: Councilmen hiPPE' . ~-.1 J, ..J /' A , ~Vl/, ~.(4..- -14-