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HomeMy WebLinkAboutCC Ord 307 1945-02-19 ,-- ..' c~_'.. IV I I I DANA R. WILLIAMS ATTORNEY AT LAW 0&21 SECURITY IILDG. PHONE 888-198 LoNG BEACH 2. CALIF ~ -~;-;~~.: OFFICIAL COpy I~ h.., t'~ 'E TAKFN F':OM "f,.:": C.~) CL!:R;('''; OFFICE .....- ORDIllANCE OF THE CITY OF SEAL BEACH CREATING .Al1j) ESTABLISHING A CIVIL SERVICE SYSTEL FeR SAID CITY. l:RDINANCE NO. ~ 01 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The City Council of the City of Seal Beach does ordain as fol10ws: Section 1. Adoption of Civil Service SYstem. Pursuant to the authority granted ~o the legislative body of aay city within the State of California under tne provisions of Chap. 48 of the Stats. of 1935, the following Civil Service system is hereby adopted for the City of Seal Beach. Section 2. Classified Ser~~. The provisions of this ordinan~ shall apply to aIL appointIve officers and employees of the City on regular duty and all such officers and employees shall be deemed to be in the Classified Service of said City. The term on "regular duty. shall be deemed to include ~ those employees who are paid a regular Dlonthly salary, ail ,. .di 8".9fi.ed ...__.~~....;-!- ~are employed on an hourly, day-by-day or weekly basie. Section 3. Status of Employ'~es Holdi~ Date Hereof. Any person holdins a Position Fositions at Effective or employment in the 22 23 Classified Service at the time this ordinance takes effect, who shall have served in such position for a period of at least six months continuously, immediately prior to such effective date, shall become a Classified Service employee without preliminary or working tests, and shall thereafter, be subject ,in all respects 24 25 26 27 to the provisions of this ordinance, Any other persons holding pos 28 itions or employments in the Classified Service shaLl be regarded 29 as holding their positions or employments as probationers who are 30 serving out the balance of their probationary periods before their 31 appoin tments become complete. 32 Section 4. Appointment of ~ersonnel Clerk. The city council -~- ... ..... Ordinance Number 1 shall appoint a personnel clerk ~hose duty it shall be to act in 2 the capacity of a secretary and clerk for the Civil Service System. 3 He shall be the custodian of a11 personnel records and shall be the 4 official upon or with whom all notices. requests for hearings. COm- 5 plaints and other official documents shall be served or filed. 6 Said personnel clerk shall establish and maintain in card index 7 form a roster of officers and employees in the Classified Service. 6 He shall also prepare a record of the length of service of each 9 officer and employee in the Classified Service. together with a 10 concise statement of all duties being performed by said officer or 11 employee. the salary being paid. and the hours of work of said 12 employee. He shall render such addi tional services in connection 13 with such Civil Service System &s may be requeste:l.by the City Council 14 The duties of the office of personnel clerk may be combined I' 15 with those of any other office in the event the work involved does I 16 not warrant. in the discretion of the city council. the creation 17 of a special position. 18 19 20 21 22 23 24 25 26 27 I 28 29 30 31 :S2 DANA R. WILLIAMS ATTORNEY AT LAW .&1 eliCURITY BLDG. PHONli .S8-1ge LooNG BEACH 2. CALIF. Section 5. Adoption of Rules and Re~ulations. The city council shall formulate and adopt rules and regulations for the administra- tion of said Civil Service System. Any subsequent &mendments to said rules and regulations may be adopted by the council only upon a public hearing thereon to be held in the manner prescribed in said rules and regulations., All rules and regulations auopted shall be consistent with the provisions of this ordinance. Such rules shal1 provide for the following mstters in addition to such other matters as may re necessary and proper in carrying out the intent snd purposes of this ordinance: (a) The classification of all persons in the Cl,assified Service. The selection. employment, 8dvancement, suspension, de~otion, discaarge and retirement of all persons in the Clas~ ified Service. (b) ( c) The formulating of minimum standards snd -2- . .' I I I DANA R. WILLIAMS ATTORNEY AT LAW 421 SECURITY BLoDe; PHONE e515.198 LONG IIEACH a, CALIF. Ordinance Number. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 qualifications for each of the positions in the Classified Service. The publication of notices inviting the'filing of applications for posi- tions in the Classified Service. No applicants to be considered who do not possess the minimum qualifications for holding office. A period of probation of six months before an appointment or promotion is made complete during which period a probationer may be discharged or reduced by the appointing power without right of appeal if o.uring the performance test the appointing councilor officer deems him unfit or unsatisfactory for service. Eoard of Review. The city council shall appoint (d) (e) Section 6. a board of review consisting of five members to hear all appeals or complaints, with respect to the Classified Service. A four- fifths vote of all of the members of the city council shall be required to appoint a member to said board, or to fill any vacancy thereon or to remove any member of said board from office prior to the expiration of his term of office. No person shall be appoin ted to said board who holds any salaried public office or Emlploy- ment. The members of said board shall be qualified electors of said city and shall serve without compensation. The first board of review to be appointed shall , at its first meeting, so classify its members =y ot that Oalshall serve for a term which shall expire ~ ' ~ utA. one shall allAflle. for a term which shall expire i1AAj," 'II .. ,.'h.... ",..,.& one shall .I '" ~ serve for a term which shall expire "'lthli:i.u.A..~e shall S _.~ serve for a term which shall expire ~"u~flo;,~. p"."", ,D ",+", and one shall serve for a term which shall expire Fill'~fQ"R' r- fro..... PA.+........ At the expiration of eac~}'f the terms so provided for, !l successor ahall be appoin~ed by the city council for a term of 24 25 26 27 28 29 30 31 32 six years. Vacancies in the board of review, from whateveI' cause, shal1 be filled by appointment by the city council for the unexpired term. Each member of the board shall serve until his s..ccessor is appointed and qualified. -3- . .' 1 I I Ordinance Number 1 Section 7. Appropriation of Funds. The city council shall 2 appropriate such funds as are necessary to carry out the provisions 3 of this ordinance. 4 Section 8. Appoiotments to Fositions in the Classified Service All appointments to positioos or employments in the Classified 5 Serv.ice shall be made by the city council, or by the officer in 6 whom is vested by law the appointive power (an officer having, such 7 power of appointment being hereinafter designated as an appointing 8 officer) trom the applications on file with said city in accordance 9 with the rules and regulations adopted under the authority of this 10 11 12 ordinance. The city council shall have the power to contract with the legislative body or board of any municipality, or county within 13 this State, or with any state department for the performance by 14 said other governmental agency of such technical service in connec- 15 tion with personnel selection and administration as may be desired, 16 including the giving of examinations. In the event examinations 17 18 19 20 re held the same shall be open and c~n~etitive ana in such event ppointments subsequently jjlade shall be from those certified as eing qualified as a result of said examinations, and in accordance 21 'ith the rules and regulations duly aaopted hereunder. 22 Sect!,op_2.' Temporary Appoir,tmevtll. ::emporary allPointments may 23 e made by the city councilor by an appointing officer of pe:sons 24 ho do not possess the miniruum standards or qualifications for 25 ffice, or whose applications have not been filed, or who have not 26 een certified on an eligible list 8S ~a result of an exar.J.ination 27 r in the event those who are eligible are not immediately available. Such temporary appointments snail not continue for a longer period 28 than three months and no person shall be eligible to serve as 29 a temporary appointee in anyone or more positions for more than an :30 aggregate period of three months in anyone fiscal year. 1'0 credit :31 chall be allowed upon an a~plication, or in the giving of an examin- ~2 ation, for service rendered under a temporary appointment. DANA R. WILLIAMS ATI'ORNRY AT LAW .al SECURITY BI.OG PHONE 6118.t98 LONG BEACH 2, CALIF. -4- . , I I I Ordinance Number 3. Section 10. Removal and ~uapension of Employees. The city 2 council and any a~~oiating officer or department head in whom 3 is vested disciplinary or removal power. shall be allowed full 4 freedom in its or his action on such matters. it being the intent 5 and spirit of this ordinance to provide a fa ir ami. just approa ch 6 to municipal employment in order that city employees may be 7 selected on a basis of merit, but. in no sense. to handicap 8 or curtail the responsible administrative officer in securing effi- 9 cient service. All persons holding positions in the Classified 10 11 12 13 14 15 16 17 Service shall be subject to suspension without pay for a ~eriod of not exceeding thirty days, and also to demotion or removal from office or employment for misconduct. incompetency. inefficienc or failure to perform duties. or to observe the rules and regulatio 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 herein. Section 11. Written ehar~es. Any such employee shall be 18 entitled to reaeive a written statement of the reasons for such 19 action within three days and he shall have three days time there- 20 after to answer in writing thereto. In the event such em~loyee 21 files an answer. a copy of such written charges anu of such 22 answer shal1 be forthwith filed with the Personnel Clerk. 23 Section 12. Ri~ht of Appeal to Board of Review. Any employee 24 who has been euspendeu. demoted or removed from office. may within . 25 ten days after filing his answer. or in the event written charges 26 have not been made available to him within the time prescribed, then 27 within ten days, after the expiration of the period within which 28 same should have been made available. file a written demand with 29 the Personnel Clerk. requesting that the board of review shall 30 review such suspension. demotion or removal, in which event the 31 Personnel Clerk shall.without delay. file a copy of said reasons 32 and the answer of the employee. together with such other inforn~tion DANA R. WILLIAMS ATTORNIEY A.T LAW ..21 UCURITY BLDG. PHONE BG8-1811 LONG BEACH Z. CALI". -5- . .' '" I I I Ordinance Number \ 1 as may be provided for in the rules and regulations, with said 2 board of review. :3 oection 13. Public Hearin~ by Board of Review. Said board 4 of review may make, or QlluSe to Le made SL<ch inve stiga tion as it 5 may deem necessary, and wi thin twenty days thereafter shall hold 6 a public hearing, at which time it shall hear evidence for and 7 against the partyaggrieved. Hearings may be informally conducted 8 and the rules of evidence need npt apply. In any investigation or 9 hearing conducted by said board of review it shall have the power 10 to examine witnesses under oath and compel their attendance or 11 the production of evidence before it by subpoenas issued in the name 12 of the city and attested by the city clerk. It shall be the duty 13 of the chief of poI ice to cause all such subpoenas to be served 14 and refusal of a person to attena or to testify in answer to such 15 16 subpoena shall subject saiu person to prosecution in the same anner set forth by law for.failure to appear before the city counci 17 in response to a subpoena issued by the city council, Each such 18 lember of a board of review shall have the power to administer oaths 19 Written conclusions or findings of the board of o witnesses. 20 hall be rendered within ten days after the matter. is submitted, 21 nd thereupon be certified to the city council or official 22 rder the appeal was taken. Such findings and conclusions of the 23 'oard of review may contain such recommendations as said board shall 24 eem warranted. The city councilor the appointing officer may 25 hereupon affirm, revoke, or modify the action taken as in the 26 judgment of such council or officer shall be deemed warranted. The 27 ecision and recommendations of the board of review and any action 28 aken by the city council or appointing officer shall be final and 29 onclusive and shall not be reviewable in any court. 30 During the period of suspension of any employee or pending 31 inal action on proceedings to review a s~spension, demotion, or 32 -6- DANA R. WILLIAMS ATTORNEY AT LAW .21 UCURITY .LOG. PHONE ...-I.a LONG BBACH 2, CALIF. Ordinance Number I 1 dismissal of an employee, the vacancy created may be filled by 2 the appointing,' power only by temporary appointment. 3 A red~ction in pay shal1 be deemed a demotion within the 4 meaning of this ordinance unless such reduction is part of a 5 general pIan to red~ce salaries ana wages as a part of an economy 6 or general curtailment program. 7 Section 14. Abolition of Posi~ion. Whenever in the 8 judgment of the city council it becomes necesaary in the interest 9 of economy or because the necessity for the position involved no 10 10nger exists the city council may abolish any position or employ- 11 ment in the Classified Service and discharge the employee holaing 12 such position or employment. ShoulQ such position or employment 13 or any position involving all or any of the same duties be rein- 14 stated or created within two years, the employee discharged shal1 15 be eligible to be appointed thereto in preference to any other II 16 qualified persons on the eligible ii~t for such position. 17 Section 15. Improper Folitical Activity. No person holQing I 18 a position under the Classified Service shall seek or accept 19 election, nomination or appointment as an officer of a County or 20 municipal political club or organization, or take 'an active part in. 21 or make any contrIbution or donation to. any county or municipal 22 political campaign, or serve as a lJIember of a committee of such 23 club or organization or circle, or seek signatures to any petition 24 provided for by any law. or act as a worker at the polls. or distri1:-, 25 bute badges or pamphlets. dodgers. or handbills of any kind favor- 26 ing or opposing any candidate for election, or for nomination to a 27 public office, whether county or municipali provided. however. 28 that nothing in this ordinance shall be construed to prevent any 29 such officer or employee from becoming or continuing to be a member 30 of a political club or organization. or from attendance at a 31 political meeting, or from enjoying entire freedom from all inter- 32 ference in casting his vote or from seeking or accepting election DANA R. WILLIAMS ATI'ORNBY AT LAW .21 ..C:URITY BLDG. PHONll: 85..198 LoNG BRACH 2. CALIP'. -7- I 1 I Ordinance Number .' . 1 or appointment to a public office. 2 Any wilful violation thereof or violation thro~gh capable 3 negligence, shall be sufficient grounds to authorize the discharge 4 of any officer or employee. 5 No person in the Classified Service, or seeking admission 6 thereto, shall be employed, promoted, demoted or discharged, or in 7 any way favored or discriminated against because of political opin- e ions or affiliations or because of race or religious belief. 9 Section 16. Solicitation of Contributions. No officer, 10 egent, clerk or employee, under the government of the city shall, 11 directly or indirectly, solicit or receive, or be in any manner con- 12 cerned in soliciting or receiving any assesment, su~scription, 13 contribution or political service, whether voluntary or involuntary, 14 or any political purpose whatever, from anyone on the eligible 15 lists or holding any position under the provisions of this 16 ordinance. 17 Section 17. Penalty for Violation. Any person, firm or 18 corporation violating any of the provisions of this ordinance shall 19 be deemeu guilty of a misdemeanor and upon a conviction thereof 20 shall be punishable by a fine of not more than ~300.00 or by impris- 21 onment in the city ja il for a period of not more than cd.nety days 22 or by both such fine and imprisonment. 23 Section 18. If any section, subsection, subdivision, sentence 24 cIa use or phrase of this ordinance is for any reason held to be un- 25 constitutional, such decision shall not affect the validity of the 26 emaining portions of this ordinance. The city council hereby de- 27 clares that it woulQ have passed this ordinance, and each section, 28 subsection, subdivision, sentence, cIa use ana phrase thereof, irre- 29 spective of the fact that anyone or more sections, subsections, sub 30 31 32 ivisions, sentences, clauses or phrases be declared unconstituional. Section 19. This ordinance shall take effect 30 days after -8- DANA R. WILLIAMS "TTOItMY AT LAW 42 I SECURITY BLDG. PHONE ..8-188 LONG EI."'CH 2, CALIP'. '- 't' ~ -. . I , 22 23 24 25 26 ", 27 28 29 30 31 DANA R. WILLIAMS ATTORNEY AT LAW .21 8IECURITY BLDG. PHONE eae-,sa ~()NG IIBACH 2. CALIP'. Ordinance Number 1 the date of its adoption and prior to expiration of fifteen aays 2 3 4 from the passage thereof shal1 te published at least once in the weekly SEAL BEACH POST AND WAVE. a/newspaper of general circulation. publiehed and circulated in the City of Seal Beach, and thencsforth 5 and thereafter the same shall be in full force and effect. 6 ADOPTED A1"D A.:!?FROVED this ,,7S: day of rE8/f4/IP/t y, 1945 7 8 ~ MAYOR OF THE CITY OF SEAL BEACH 9 /) 10 AGZ}f~~ 11 CITY'C1i'Ri---'~-7_ '--.... ( ~ 12 STATE OF CALIFORNIA. ) COUNTY OF ORANGE. ) se 13 CITY OF SEAL BEACH ) "'" 14 I, JOH~ULCAHY. City Clerk of the City of Seal Beach, do 15 hereby certify that the foregoing Ordinance l>To..301 wae duly 16 and regularly introduced and placed upon its firet reading at a 7f: 17 regular meeting of the City Council on the S day ofnlll"NI7 18 1945. That thereafter said Ordinance was duly adopted ana signed 19 by the ~yor of the said City at a regular meeting of the City 20 Council on the.l'~~ of ,-t='",,:-tfJ/ii.Nf/if.Y ,1945 by the foUolling vote. 21 to-wit: AYES: COUUCIIJv;EN PHSS.. NeB& COUKCIIJ.IEN Ill/TiER; JRE'C/(EJ... SIlO!!lL~ GIIVA/rtlfR... I1EED Nc./l/E- /7 I' ')Y~)l:);~~ c: CITY C~RK-- --/...", '"-, ABSENT: COUlWIUiiEli 32 -9-