HomeMy WebLinkAbout234ORDINANCE NO. 234
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE AMENDING
SECTION 2204.1 RELATING TO THE OFFICE
OF CITY MANAGER.
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THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 2204.$ of the Irwindale Municipal
Code is hereby amended to read as follows:
Section 2204.8. Power of Appointment.
Appoint, remove, promote and demote any officers
(except the City Attorney), heads of departments and
to subordinate officers and employees of the City
under his jurisdiction through their department heads.
a. Right of Appeal: Except in instances
where the right of appeal is specifically prohibited,
any employee in the competitive service shall have
the right within 10 days after disciplinary action
has been imposed to appeal such action to the City
Council.
b. Method of Appeal: Appeals shall be in
writing, subscribed by the appellant, and filed
with the City Manager, who shall, within ten (10)
days after receipt of the appeal, inform each
member of the City Council and such other persons
or officers named or affected by the appeal of the
filing of the appeal. The appeal shall be a
written statement, addressed to the City Council,
explaining the matter appealed from and setting
forth therein a statement of the action desired
by the appellant, with his reasons therefor. The
formality of a legal pleading is not required.
c. Notice: Upon the filing of an appeal,
the City Manager shall set a date for a hearing
on the appeal not less than ten (10) days, nor
more than thirty (30) days from the date of
filing. The City Manager shall notify all interested
parties of the date, time and place of the hearing
at such places as the.City Council shall prescribe.
d. Investigation: Upon the filing of an appeal,
the City Council may make such independent investigation
of the matter as it may deem necessary. The result
of such investigation shall be made a part of the
record of the proceedings and the appellant shall have
the right to have a reasonable time within which to
answer or to present evidence in opposition to the
findings of this independent investigation.
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Ordinance No. 234
e. Hearings: The appellant shall appear
personally, unless physically unable to do so,
before the City Council at the time and place
of the hearings. He may be represented by any
person or attorney as he may select and may at
the hearing produce on his behalf relevant oral
or documentary evidence. Appellant shall state
his case first and, at the conclusion, opposition
matter may then be presented. Rebuttal matter
not repetitive may be allowed at the discretion
of the City Council. Cross examination of
witnesses shall be permitted. The conduct and
decorum of the hearing shall be under the control
of the City Council, with due regard to the
rights and privileges of the parties appearing
before it. Hearings need not be conducted
according to technical rules relating to evidence
and witnesses. Hearings shall be open unless the
appellant, in writing, requests a closed hearing.
f. Findings and Recommendations: The City
Council shall, within ten (10) days.after the
conclusion of the hearing, certify its findings
and decision in writing to the appellant and to
the person, officer or body from whose action the
appeal was taken. The City Council may affirm,
revoke or modify the action taken as, in its
judgment, seems warranted, and the action taken
shall be final. In case of suspension, discharge
or demotion, the City Council may reinstate any
employee to his former status if proof is made
that the disciplinary action was without cause.
SECTION 2. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be processed in the
manner prescribed by law.
PASSED and APPROVED this 18th day of September, 1969.
ATTEST:
City
Perk
Mayor of the City of Irwindale,
California
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Ordinance No. 234
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City of Irwindale,
do hereby certify that the foregoing Ordinance, being Ordinance No.
234 was introduced at a regular meeting of the City Council of the
City of Irwindale, held on the 11th day of September, 1969, and was
duly passed, approved and adopted by said Council, approved and signed
by the Mayor and attested by the City Clerk at a regular meeting of the
said City Council held on the, 18th day of September, 1969.
AYES: COUNCILMEN: BRECEDA, MIKE MIRANDA, BARBOSA & CHICO;
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Pat Miranda.
,dh A4
City lerk of the City of Irwindale,
California