HomeMy WebLinkAbout099ORDINANCE NO. 99
AN ORDINANCE OF THE CITY OF IRWINDALE ESTABLISHING
A PERSONNEL SYSTEM BY ADDING TO THE IRWINDALE
MUNICIPAL CODE PART ONE AND PART TWO OF CHAPTER 3
ARTICLE II THEREOF.
The City Council of the City of Irwindale does ordain
as follows:
Section 1: Immediately preceding Section 2300 of the
Irwindale Municipal Code and next following Article II Chapter
3 thereof is added the following designation "Part One -In
General".
Section 2: Part Two entitled "Personnel System" is hereby
added to Chapter 3, Article II of the Irwindale Municipal Code,
namely:
ARTICLE II - ADMINISTRATION
Chapter 3 - Other Officers and Employees
Part Two - Personnel System
2350. ADOPTION OF PERSONNEL SYSTEM. In order to establish
an equitable and uniform procedure for dealing with personnel
matters; to attract to municipal service the best and most
competent persons available; to assure that appointments and
promotions of employees will be based on merit and fitness as
determined by competitive test; and to provide a reasonable
degree of security for qualified employees, the following
personnel system is hereby adopted.
2351. PERSONNEL OFFICER. The City Manager shall be ex -
officio personnel officer.` With the approval of the Council,
the City Manager may delegate any of the powers and duties con-
ferred upon him as personnel officer under this ordinance to any
other,officer or employee of the City or may recommend that such
powers and duties be performed under contract as provided in
Section 2368 of this ordinance. The City Manager shall:
(a) Attend all meetings of the Personnel Appeals Board
and serve as its secretary.
(b) Administer all the provisions of this ordinance and
of the personnel rules not specifically reserved to the Council
or the Personnel Board
(c) Prepare and recommend to the Council revisions and
amendments to the personnel rules. The city Attorney shall
approve the legality of such :revisions and amendments prior to
their submissionto the Council.
(d) Prepare a position classification plan including
class specifications, and revisions of the plan. The plan, and
any revisions thereof, shall become effective upon approval by
the Council.
(e) Prepare a plan of compensation and revisions thereof,
covering all classifications in the competitive service. The
plan, and any revisions thereof, shall become effective upon
approval by the Council.
2352. PERSONNEL APPEALS BOARD. A Personnel Appeals Board
is hereby created. The members of the City Council shall be ex -
officio members of the Personnel Appeals Board so created.
-1-
M-46
Ordinance 99
2353. DUTIES OF THE PERSONNEL APPEALS BOARD. The Personnel
Appeals Board shall determine the order of business for the
conduct of its meetings, and shall meet as required by the
rules. Three members of the Board shall constitute a quorum
for the transaction of business.
The functions of the Board shall be:
(a) As provided by this ordinance and by the rules, to
hear appeals submitted by any person in the competitive
service relative to any disciplinary action, dismissal,
demotion, or alleged violation of this ordinance or the
personnel rules and to certify its findings and recom-
mendations as provided in this ordinances.
(b) In any investigation or hearing conducted by the
Board, it shall have the power to examine witnesses under
oath and compel their attendance or production of
evidence by suppoenas issued in the name of the City
and attested by the City Clerk. It shall be the duty
of the Chief of Police to cause all such subpoenas to
be served and refusal of a person to attend or to
testify in answer to such a subpoena shall subject the
person to prosecution in the same manner.
(c) When requested by the City Manager, or, the City
Council, and on call of the chairman or three members
of the Board, the Personnel Appeals Board shall convene
to perform these functions.
2354. COMPETITIVE SERVICE. The provisions of this
ordinance shall apply to all offices, positions and employments
in the service of the city, except:
(a) Elective officers.
(b) Members of appointive boards, commission and
committees.
(c) Persons engaged under contract to supply expert
professional or technical services for a definite
period of time.
(d) Volunteer personnel, such as volunteer firemen,
who receive no regular compensation from the City.
(e) City Attorney, City Manager, City Clerk, City
Treasurer.
(f) All department heads, and part-time employees so
designated as such by the Personnel Rules.
2355. ADOPTION OF RULES. Personnel rules, prepared by
the City Manager subject to this ordinance and to revision by
the Council, shall be adopted, and may be amended from time to
time, by resolution of the Council. The rules shall establish
specific procedures and regulations governing the following
phases of the personnel system:
(a) Preparation, installation, revision, and
maintenance of a position classification plan covering
all positions in the competitive service, including
employment standards and qualifications for each class.
(b) Preparation, revision, and administration of a
plan of compensation directly correlated with the
position classification plan, providing a rate or
range of pay for each class.
(c) Public announcement of all tests and the
acceptance of applications for employment.
(d) Preparation and conduct of tests and the
establishment and use of resulting employment lists
containing names of persons eligible for appointment.
(e) Certification and appointment of persons from
employment lists, and the making of temporary and
emergency appointments.
-2-
2357
Ordinance 99
(f) Evaluation of employees during the probationary
period.
(g) Transfer, promotion, demotion, and reinstatement
of employees in the competitive service.
(H) Separation of employees from the City service
through lay-off, suspension, and dismissal.
(i) standardization of hours, of work, attendance
and leave regulations, working conditions and the
development of employee morale, welfare and training.
(j) Suitable provisions for orderly and equitable
presentations by employees to City Manager and City
Council of matters relating to general conditions of
employment.
(k) Content, maintenance, and use of personnel
records and forms.
8356. APPOINTMENTS:
(a) Appointments to vacate positions in the
competitive service shall be made in accordance with
the personnel rules.
(b) Appointments and promotions shall be based on merit
and fitness to be ascertained so far as practicable by
competitive examinations. Examinations shall be used and
conducted to aid in the selection of qualified employees,
and shall consist of such recognized selection techniques
as achievement and aptitude tests, and other written tests,
personal interview, performance tests, evaluation of daily
work performance, work sampler, or any combination of
these, which will, in the opinion of the City Manager,
test fairly the qualifications of candidates. Physical
and medical tests may be given as a part of any exam-
ination. In any examination the City Manager may include,
in addition to competitive tests, a qualifying test,or tests,
and set minimum standards therefor.'
(c) In the absence of appropriate employment lists, a
provisional appointment may be made by the City Manager
of a person meeting the minimum training and experience
qualifications for the position. An employment list shall
be established within six months for any permanent position
filled by provisional appointment. The Council may, by a
four-fifths vote, extend the period for any provisional
appointment for not more than thirty days, by any one action.
When a position is to be filled by provisional appointment,
or a provisional appointment is to be extended, the Council
shall direct the City Clerk to record such action in the
minutes of the meeting of the Council. No special credit
shall be allowed in meeting any qualification or in the
giving of any test or the establishment of any employment
or promotional lists, for service rendered under a
provisional appointment.
(d) During the period of suspension of an employee or
pending final action on proceedings to review suspension,
demotion or dismissal of an employee, such vacancy may be
filled by the City Manager subject to the provisions of
this ordinance and the personnel rules.
PROBATIONARY PERIOD.
(a) All regular appointments, including promotional
appointments, shall be for a probationary period of not
less than six months, except that as to any class of
position the rules may provide for an extension of the
period for not more than an additional six months. During
the probationary period, the employee may be rejected at
any time without right of appeal or hearing.
-3-
718
Ordinance 99
(b) An employee rejected during the probationary
period from a position to which he has been promoted
shall be reinstated to the position from which he was
promoted, unless he is dismissed from the city service
as provided in this ordinance and the rules.
(c) An employee in the competitive service promoted
or transferred to a position not included in the
competitive service shall be reinstated to the position
from which he was promoted or transferred if, within
six months after such promotion or transfer, action is
taken to reject or dismiss him, unless he is discharged
in the manner provided in this ordinance and the
personnel rules for positions in the competitive service.
2358. STATUS OF PRESENT EMPLOYEES.
(a) Any person holding a position included in the
competitive service who, on the effective date of this
ordinance, shall have served continuously in such position,
or in someGther position in the competitive service, for a
period equal to the probationary period prescribed in the
rules for his class, shall assume regular status'in the
competitive service in the position held on such effective
date without qualifying test, and shall thereafter be subject
in all respects to the provisions of this ordinance and the
personnel rules.
(b) Any other persons holding positions in the competitive
service shall be regarded as probations who are serving out the
balance of their probationary periods as prescribed in the rules
before obtaining regular status. The probationary period shall
be computed from the date of appointment or employment.
2359. APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS.
The Provisions of the personnel rules relating to attendance and
leaves shall apply to the incumbents of full-time exempt positions.
2360. APPOINTMENTS SUBJECT TO ORDINANCE. The Council and
City Manager in whom is vested the power to appoint, make transfers,
promotions, demotions, reinstatements, lay-offs, and to suspend
or dismiss employees, shall retain such power, subject to the
provisions of this ordinance and the personnel rules.
2361. SUSPENSION. Any person holding a position or
employment in the competitive service shall be subject to
disciplinary suspension by the City Manager without pay and without
right of appeal, but such suspensions shall not exceed a total of
thirty calendar days in any fiscal year. A department head - not
having power of appointment - may make disciplinary suspensions
in accordance with the rules.
2362. REQUEST FOR HEARING.
(a) Any permanent employee in the competitive service
who has been demoted, dismissed, or reduced in pay, shall be
entitled to request a written statement of the reasons for
such action. Such a request must be within three working
days following the action, and he shall have ten additional
working days within which to answer the charges in writing.
In the event the employee requests the statement and prepares
his written answer, copies of both shall be filed with the City
Attorney, who shall transmit them to the Personnel Board.
Within ten days from the date of filing his answer to the
written charges, or in the event such written charges have not
been made available to him within the time prescribed, then
within ten days after the action taken to demote, dismiss,
or reduce the pay of the employee, he may file a written demand
with the City Attorney requesting a hearing before the Personnel
Board. The Personnel Appeals Board shall then investigate the
case and conduct a hearing as provided in this ordinance and
by the rules.
(b) The provisions
reductions in pay which are
salaries and wages.
=f`1
ordinance 99
of this section shall not apply to
a part of a general plan to reduce
2363. RIGHT OF APPEAL.
(a) Anyemployeein the competitive service shall have
the right to appeal to the Personnel Board relative to any
disciplinary action, dismissal, demotion, or alleged violation
of this ordinance or the personnel rules, except -in instances
where the right of appeal is prohibited by this ordinance.
Thereupon, the Board shall make such investigation as it may
deem necessary and within twenty days after the request for
hearing was filed, the Board shall hold a hearing. The hearing
need not be conducted according to technical rales relating to
evidence and witnesses.
(b) Within ten days after concluding the hearing, the
Personnel Board shall certify its findings and -recommendations
to the Council, to any other official from whose action the
appeast was taken, and to the employee affected. The Council
shall.review the findings and the recommendations of the Personnel
Board and may then affirm,. revoke, or modify the action taken, as
in its judgement seems warranted, and the action taken shall be
final.
2364. ABOLITION OF POSITION.
(a) Whenever in the judgement of the Council it becomes
necessary in the interest of economy or because the necessity
for the position or employment involved no longer exists, the
Council may abolish any position or employment in the competitive
service and lay-off , demote or transfer an employee holding such
position or -employment without filing written charges and without
the right of appeal.
(b) Seniority shall be observed in affecting such
reduction in personnel and the order of lay-off shall be in the
reverse order of total cumulative time served in the city service
upon the effective date of the lay-off. Lay-off shall be made
within classes of positions, and all provisional employees in the
affected class or classes shall be 3eid off prior to the lay-off
of any probationary or permanent employee.
(c) For the purpose of determining order of lay-off, total
cumulative time shall include time served on military leave of
absence.
(d) The names of probationary and permanent employees
laid off shall be placed upon re-employment lists for classes
which, in the opinion of the City Manager, require basically the
same qualifications and duties and responsibilities or those of
the class of positions from which lay-off was made.
(e) Names of persons laid off shall be placed upon re-
employment lists in order of their competancy, and shall remain
on such lists for a, period of two years unless re-employed sooner.
For re-employment purposes, competency of a person laid off shall
be determined by the head of the department in which such person
worked.
2365. IMPROPER POLITICAL ACTIVITY (1)
Any person holding an office or employment in the competitive
service 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.
(a) Serve as a member of a committee of such club,
organization or circle.
(d) Seek signature to any petition provided for by any law.
-5-
Ordinance 99
in the
(e) Act as a worker at the polls or distribute badges,
pamphlets, dodgers; or handbills of any kind
favoring or opposing any candidate for election or
nomination to a county or city office.
2365. ACTIVITIES NOT AFFECTED. (2)
This ordinance does not prevent any officer or employee
competitive service from:
(a) Becoming or continuing to be a member of a political
club or organization.
(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 will on leave of absence.
(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 hand-
bills -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 required in any department
of the City government.
2365. VIOLATION. (3)
The violation of any provision of this Section is ground
for discharge of any officer or employee.
2366. DISCRIMINATION PROHIBITED.
No person in the competitive service, or seeking admission
thereto, shall be employed, promoted, demoted or discharged, or
in any wad favored or discriminated against because of political
opinions or affiliations or because of race or religious belief.
2367. AGE REQUIREMENT, RETIREMENT; FIREMEN AND POLICEMEN.
(a) There shall be no minimum or maximum age limits for
any competitive examination given for the purpose of selecting
city employees, and age shall not be a minimum qualification for
any city employment except as herein provided.
(b) Any person possessing all the minimum qualifications
for a position is eligible to take any competitive examination
and no rule shall be adopted prohibiting, solely because of age,
the employment of any person to any city employment who is
otherwise qualified, except as herein provided.
(c) This section does not authorize nor require the
employment by the City of any person in a particular employment
if such person under the city employees' retirement system for
that particular employment has attained the retirement age.
(d) No person shall be employed by the city while he
is receiving a retirement allowance under the city employees'
retirement system by reason of prior employment with the city.
(e) This section does not prevent the fixing of
minimum or maximum age limits for the employment of policemen
or firemen.
2368. RIGHT TO CONTRACT FOR SPECIAL SERVICE.
The City Manager shall consider and make recommendations
to the City Council regarding the extent to which the city
should contract for the performance of technical services in
connection with the establishment or operation of the personnel
system. The Council may contract with any qualified person or
agency for the performance of all or any of the following
responsibilities and duties imposed by this ordinance:
w
Ordinance 99
(a) The preparation of personnel rules and subsequent
revisions and amendments thereof.
(b) The preparation of a position classification plan
and subsequent revisions and amendments thereof.
(c) The preparation of a plan of compensation, and
subsequent revisions and amendments thereof.
(d) The preparation, conduct and grading of competitive
tests.
(e) Special and technical services of advisory or
informational character on matters relating to
personnel administration.
2369. APPROPRIATION OF FUNDS. The Council shall
appropriate such funds as are necessary to carry out the
provisions of this ordinance.
2370. SEVERABILITY. If any section, subsection, sub-
division, sentence, clause or phrase of this ordinance is for
any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance.
The 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 any one
or more sections, subsections, subdivisions, sentences, clauses
or phrases be declared unconstitutional.
Section 3. The Mayor, upon the adoption of this ordinance
shall sign same and it shall be attested to be the City Clerk who,
within fifteen days from its adoption, shall post true copies
thereof at three public places (designated as such by Resolution)
within the City Limits of the City of Irwindale.
Section 4. The City Clerk shall certify to the adoption
of this ordinance.
Adopted this 29th day of May, 1
Mayor
STATE OF CALIFORNIA, ) _
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, JAMES M. MC LEAN, City Clerk of the City of Irwindale
do hereby certify that the foregoing Ordinance No. 99 was
regularly introduced and placed upon its first reading,at,a
regular meeting of the City Council on the -51st day of -May, 1961.
That thereafter, said Ordinance was duly adopted at a regular
adjourned meeting of the City Council on the 29th day of May,
1961, by the following vote, to -wit:
AYES: COUNCILMEN: Silva, Diaz, Garcia
NOES: COUNCILMEN: Tapia
ABSENT: COUNCILMEN: Breceda.
ty
Ordinance 99.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
JAMES M. MC LEAN, being first duly sworn, deposes and
says:
That he is the City Clerk of the City of Irwindale,
California, and is and was at all times herein mentioned a
citizen of the United States over the age of eighteen (18)
years and competent to be a witness herein.
On . June.l ., 1961, he securely and conspicously
posted at each of the public places in said City, to -wit:
(1) 5140 North Irwindale Avenue;
(2) Post Office on Irwindale Avenue,
(3) Efear the door of the Council Chambers at
5050 North Irwindale Avenue;
a copy of Ordinance No. 99 of the City of Irwindale, being in
all respects the same as that attached hereto and made a part
hereof.
Dated: June 1, 1961.
ndale, California
On June 26, 1961, a petition for
referendum was filed. On July 17, 1961,
the City.,Council , by Resolution No. 61-36-246
called an election to be held on September 19,
1961, regarding this Ordi ancce�e.
A ting Cit e4 ii ---