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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 ---