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HomeMy Public PortalAboutOrd. 0427 , .. . . . ORDINANCE AiO. 42? . , AN ORDINANCE OF THE CITY OF'LYNNJOOD , CREATING A.ND ESTABLISHSNG A PERSON— - �TEL SYSTEP;2 FOR SAID CITY. " The people of the City of.Lynt�ood doe hereby ordain as follows: � Section_1:.. Adoption of Personnel System. Pursuant to � the authority granted.to the legislative body of any city tvi,thin the State of California under.the provisions�of Chapter 48, Statutes of.1935,.and in order to establish an equitable and unifo.rm�p`rocedure �`" for �ealing �vith personnel matters through a department of personnel,. , and to place municipal employment=on a merit basis so that the best , quaTified persons Available shall be"brought �into the service of the 'City, the foliotiving Personnel System is hereb,y.a_dopted. S�ctioa 2: Dep�rtment of Personnel. There is hereby created a Department of Persaanel wriich` consist of a Personnel ' Board and a Personnel OPficer. ' The Personnel Board shall consist.of five.members to be �ppointed by the City Counoil. '� �1 The firs� Board to'be appointed sha.11 be the three member� of the present Civil Service Board, each of ��hom.shall serve as a mem- ber of the Personnel Board fer a term which shall expire on the date of the expiration of the term to vahich appointed�as a.member of the said Civil Service Board, namely, Decemb2r.31;.1947, December 31, 1949 and December 31., 1951 and two persons appointed the City.Council. ' The Board to be appointed shall at its first meeting�so classify the two members last hereinbefore mentioned by that one ehall serve: for a term rhich shall expire on December 31,,1951. Vac�r.cies on Personnel�Eoard, f rom whatever cause, shall be filled by appoi?ntment by the 6ity Council for the unexpired term. , ' � . , : , . ,:.lc;, _ -- � , ,_ . ' A four-fifths vote.of all the members of the City Council:shall be r.equired to'appoint a member to said Board.or to fill any vacancy = thereon or to remove any memtier of said Board from'office,prior to .' - the expiration of his term of o£fice. ,. The members of the Personnel Roard �hall be qualified �•electors ef said city and shall serbe without compensation. No person ;. . • shall be appointed to said Board who holds.any.salaried public office : or emplo,yment, nor shaTl any member �vhile a member of said. Board, or Por..a period of one year after, he has oeased, for ariy'reason, to be�a • `member, be� eligible for �.ppointment �to •any salari,ed �office or .employ� ment in the service of the City., . , ' , ". Section 3: Peraonnel -0fficer. The City.Council shall � appoint a 1'ersonnel Officer, whose dutz=�it shall.be.to act in the � ' capacity of Administrator for the.Personnel Sys,tem.�.The duties of.the, - . . s ,. , office of Personnel Officer may be combined cvith those oY any other ' office, in the event the work i m�olved does riot w�rrant; the dis— " ', c'retion of the City Council, the creation of a special position:_ The..' Personnel Officer shall: � • (a) Attenel all regular meetings oP the Personnel Boar�. -� (b) Aclminister.all provisions of this ordinance and the . �rules. established herei;nder,_ not specifically reserved to the City Councll or Per.sonnel Board. ' (c) Under the direction of.the Per,sonnel,Board te prepare ' r�zles and revisions and amendments thereof for the consideration of said Personnel.Board. ' ', . (d) �Und.er the direction of the Personnel Boarc?; to prepare' " a position_classification plan and. class specifications and revisions : for the coneideration of.said Fersonnel Board'. ,_ . � ` Seotio n 4: Duties of the Personnel Board.. The Personnel " ' � Hoard shall..determine the.order of business for:the conduct of 3ts � • `� � ,.: -2F . . . . . . . . � F . . . . . ' . . ' . .. ' . . � . . ' .. .. . . '. � , . . . . . . . ''meetings, and shall meet regularly if so required by the rules,� or on call of the chairman or three members of the Boaro, �Three members . of the Board sha11 constitute a quorum for the transaction of bueiness.' The functions of the'Board shall be: . �. (a) ,To consider and_ recommend to the City Council a set ,� of rules to supplement this ordinance; revisions,and. ar.iendM�nts thereof, • (b) To act in �n advisory capacity to the City Council on: problems concerning personnel administration. • _- _ (,c) As pro<<ided. by �this. ordinance and. by rule, to hear ,' _ appeals•submitted by any person in the competitive seruice rel2tive . to any situation connected t�lith�his•employment status�or conditicn , , . . . . . L � . - . . . . of employment. . • � . , „ _ (d) In any investigation or hearin� eqnd_ucted,by the it shall have the po�ver to examine witnesses•under_oath.and.�compel their, attendance oi the production of evidence before-it by subpoenas.iasued in the n�me of the City and"attested by"the C�ity'�Clerk.".It`shall be the:duty of .the Chief of Polic.e to caus'e all such subpoenas to be ` served and�refusal of a person to atTend or.:to t�estify in�answer:to such .�, a subpoena shall sub,ject said person �to prosecution'in the�same manner �, set forth by�law.for fai•lure to appear before the City Council in.res- : ponse to a subpoena issued by the City Council. Each member o£ the ` - personnel Board shall have the power to,administer oaths to viitneases. ,- ' (e) To hold hear.ings and make recommendations to the City � . Council, on the adoption or revision of the position classification plan'. (f). The Personnel,Board or the Personnel Officer.shall not establish any maximum or minimum ae�e limits.for any,competitive service examinati'on and it is hereby declared,that age ahall not be considered. to be a minimum qualification for any city employment in the classified service: Any person possessing aTl the minimum quaTifioations fo.r the poaition sha11 be eligible to take any.competitive.examination, regard- les� of�his age, and neither.the P.er,sonnel Bowrd nor the Personnel : rv_ . y • � � . � . ' . � . � . . , ., � � . . �. _. . Officer,�nor any appointing power, shall adopt any rule, either ' .� written,or uncFrritten, prohibiting the employment of any.person in � • an,y�City employment'wno is otherwise qualified therefor,.solelv because � - of his.ag�e. Provicled; however, that the City'Council may i'ix minimum and maximum �,ge'limits for the employment of City policemen and City fir.emen.:, . . . .. � � � Section 5_ �Competitive Service. The pro of thia ordinance shall apply to_all, appointive.offices, positione and employ- � -- r�ents in the service oP the city, except:; . -� , . �. . . �a) City Clerk . '. : . (b.) City Treasurer , _ . (c) Positions on appointiye boards, commissions and' committees. ' � ; '. , . , (d) City uanager; . .. • (e) City Attorney _ ' - . . (f) City Judge , , . , ,.. , � �g'). City Engineer ' � : . • (Yi) Personnel Officer , (i) A7.1 part-time employees, all employees on �n hourly cr per diem �vage, .and employees who do �easonal caork.`"" . � �• Officea, posi*ions nnd not exempted above shall constitute the competitive eervice�of the City. Sectio 6. Adootion of.Rules. In addit�on�to such other. matters.-as may be necessary and proper to carry out the'intent and, purposes of thi� ordinance, rules shall be fo'rmulated and shall be , adopted. by the Cit,y �ouricil establlshing specifie procedurea to govern the following phases of the pereonnel prograr.i:, .:' - (a) The preparation,. installati revision and maintenance of a position classification plan covering all positions in the com-. Fetitive eervioe. . '. � ' : • ; _4_ . � .. '.. � . . , , . � . . � . (b) The formulation of minimum standards and•qualifications for 'each class of position. , ' y (c) ,The public�announcement of vacancies and examinations" .. •and the acceptance of applications for, employment. ' (d) The preparation and conduct of examinations and'the �, establishin,ent.and use of eraployment list��containing names of persons �, � eligible for appointment. '' y � , (e) The certificat3on arid appointment,of persons from . .. . . � , employment lists containing�names�of-persons�e.ligible for appointment. . , , . � _ to Pill Vacancies and the;makirig of temporary and emergency appointmenta. (f) The evaluation of employ�ees during .the probationary . . , . . . , � . �+ . � Y. � . . � . . period. . ,' ` t' � '."(g) The tra.nsfer; promotion, �demoti�on and reinstatement . of employees in the comp2titive service. �. �, �• • •(h) The separation�•froa the service through 1ay—off, suspension, dismiasal and for incapacity to.perform required ' duties. ' , . '(i) Tfie standardization of hours of work, attendance and . leave regulations,.it�orking conditions and the development of employee morale, welfare, and training. .' - . ' (,j,) "The maintenance and use of'.neces�e.ry records and forms.�. ' Section 7. Appointments. Appointmenta to vacant positions , in the competitive service sha13 be-made in accordance'aditr the'rules estab`lished hereunder and from employment lists resulting £rom competitive examination, or b5* p:omo*ion, �tranafer,demotion or reinstatement. Anpointments ehall be inade bq the City Council or by the officer in , whom the povrer to m�,ke appointments is veated by lava, � � � If appointment.is.to be.made fr.om employment or oromotional lista, the riames„of persons �r�illing to accept appointment shall be certified by the Personnel Officer in the,order in vrhich they appear . -�on,the lir,ts, or,if appointment,.is to be made byi,some other appointing: . . �. - . . � . �i.. . �, . . '�- F .. �� - � r �� . . ' ' � • _5_ : . ., , . . . , � : , � . . . F . . . .. por•aer, in that order. �. � � ' � - , . In the absence of appropriate emplo�ment lists,�:a.temporary `, appointment may be made by the appoihtinb power_of<a�.person,meeting the minimum qualifications for.the posi;tion, provided, however, that .,; . an employment list shall be e�stabliahed for such position wi,thin�nin'ety days, eub3ect to *he provisions of Section 6 of�this ordinance.'.'No . . � -' . _ ' person shall be employ,ed by tlie City unde.r�te�por,ary appointment a total.of more than ninety days in any fiscal year. In the event of . . emergency, the appointing power may,appoint`qach persons a's are required t: , . . . . �' to;meet the situation, but such appointment shall not exceed•fifteen � v�orking days. � . N.o credit shall be allovred in the giving of any examination or the establishment of any emnloyment or promotional lists, for � � service rendered under a temporary appointment. ' ,. � Durino the period of suspens_on of 'any employee, or pending final acti on proceedings to revievr tlie suspension, dec�otion or �. dismiseal of an employee, the,vacancy created may be filled by the .� appointing power only by ternporary appointment. ' ' � Section 8. Prob�.ticnary Period. All original and promotional appointmenta shall be for a probationary period of six months duririg which the ernployee may be .re,�ected. .. ; . An employee re,jected d.uring the probationary period,fror� a position to which.Yie.has been promoted shall be reinstated to the position ,�. �frcm r+hich he v�as promoted; unless charges.are filed and he is discharged as provided•in this ordinance and the�rules..-' ', � .. � Any employee in the competitive service�prom`ote�'= trans- � , - , ferred to �. positior not included_ in the competitive�eervice,shall be , , ,� , . reinstated to,the position from which he was,'promoted or transferred � if.within�six m"onths after such promotion�or•transfer"actionais t�aken. , to dismiss him, unless charges are filed and he is�discharge@ in the� . . � . , . _ , -. ' • ; . . . . . . ,. . , : t . � . . . . • , _ . � .. . . „ � „ . .. . . .. . , . ` . . , . . . . . , . . , � . . ' . . , . . .. . . ' T % ._ '`.', . . . ... - . - ,.... . :. . _ � . � ._ . , _ . . �. . . . . . � , .. - � .. . ..� . � . . . �. . . . . . � . ., � .. . . ��manne,r pnovided in this ordinance and the"ru3es estabTished hereunder for poaitions in the competitive�service. ' , , � � Section 9: ,In.cer.tifica.tion fcr ap�oin,tment,'in appointment,. . . , . a . , ' in reinstatement, in reemployment, and in retenion in the competitive ' service of.the City of Lynwoody permanent'or temporary,'preference i sha1T be given to (1) those ex-service men and women,who have ' on active,dut,y in any branch of the armed forces ef the United States ' 2nd have been separated therefrom under honorable conditions and who � have established the present existence of a service-connected disabi3lty , or who are redeiving compensation, clisability retirement benefits, or � pension,by reason;of'public laws administered by`the United States � ..'VeLerans� Administration; the.War Department or the i�iavy Dep�rtment; ` (2) the wives of:such service-c'onnected disable ex-servicemen�as hade themselves been unable to qualify for any civil.seruice appointment; � • (�3) the. unmarried widov�rs of deceased ex-�ervicemen ��ho served on � active duty in any branch of the a.rmed forcee of the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized), and who were separated. therefrcm under honorable conditions; and,('4) those`exservice�aen and women who have .' served on a.ctive duty i'n any� branch of the { armed, f.orces of the United States, during any war, or in any campaign or expedition {for iRrhich • a campai'�n badge has been authorized), and have be.eri separated.there- from under honorable conditions. . '-' ' section 10: In all examinations the qua.lifi- -- — • � cations of entrance�iri'to the conipeti;t�ve service, ten ' points shall� be 2.dded to the ea,rned ratings of-�,tho§e persons included • under.Section 9, (1),,(2),'and. and five points ahall be added to the ea:rned ra.tingc of those persona included iznder Se,ction 9(4) oP this Ordinance,.provided any such person included under Section'9 (1), (2), (3), znd�(4•) shall have received a pas,sing grade. , ' • ' _7_ • . . . ' .. - . . � _ . ' ., ., . . _ . , . � . . . � . . . l ,. . . . . '.. . � - � , . . . . . . .. . . . . , .. �. . • � Section 11: In determining qualifications for examination,� .' appointment, promotion,.reteritiori, transfer, or reinstatement, dvith... respect to prefererice eli�ibles, the Eerecnnel Bo�rd. may waive ' � requirements as.to age, Yieight, and weight, providing any such require- ment i,s.not essential to the dutie� of the position for which exam-° ination is�given. The Personnel Board, after giving due consideratiori . to the recommendation of any accredited physician, rnay .r�ive the ph,ysical requirements in.the case of any veteran,.�provided such veteran is�in the opinion of the.Personnel•Board physically able to disch�rge �efficiently the duT,ies of the posi,tion for which.the examin�tion is. � �iven. The Bozrd sh.all make a p2rt�of its public,records its.reasons .. for such decision. � � • ' . . � - , Section 12: In examinations where-experienae is Qn element -. , . � .. . , , , of qualification, time spent in the military, or�riayal service of the United States shall be credited te a vet`eran's ratir.g whe're.his or her " . actual employment .in a similar vocation to-tha:t f�or;'4ahich He �or', �he °� ' is examined was interrupted. by such military,or naval servi'ce. .� Section 13: The na.mes of prefer-ence� eligibles shall be� - ,- : • . . . entered on the appropriate registers or lists of eligiblea in accordarce .. , , Y , tt�itr_ th eir respective,au�mented ratings, and the name of a. preference eligible shall be,entered anead of all otYiers�having the'.same rating. � Section 14: In any reduction�in personnel in the'competitive service,'competi�ng employees shall be releaaed in a manner which sha11 •give due effect to.tenure of employment, mil±tary preference, length . of service, and efficiency ratings; provided, that the length of time - spent in active service in the armed forces of the United States of" each such employee shall pe cnedited in.computin� length of total . service. . • � � Sect io n 15: ',Nhen,.in accordance with Personnel Board rules• ,. or otherwise, the City Council or the.nominating or appoititing officer shall request certifica.tion of eligibles for appointment purposes, the - Personnel Board shall,cert'ify, from, tlie top of the appropria.te register of eligibles; a number of names sufficient to permit the nominating . ' ' . . � ., . , . . .. . J . . , , j or appointing officer to consider,at least three namea'in connection � with each vacancy, The nominating or appointing officer shall'make aelection for frem not more than tre highest thr;ee names . available,fcr appointment on.such certification, unless_ob,jection '.A . . <. . . . ' � � . .� shall be made; and'sustained by the:`Roard, to�one or more persons � � � certified proper or adequate reason; as may be prescribed.in �: rules promulgated by the Personnel Board; provided that�'an appointing ,� officer who'passes over a veteran eligible and selects a non-��eteran• eha].1 file with the Personnel Board his reasons in writing for so doing, �vhich shall.become"a part of�the reoord�of such veteran eligible, and ' sha11 be;.made available upon,the request to the veteran or his desig— • _. , . • . nated represen�ta.tive; the Personnel Eoard is directed to determine � � � . the sufficieney of such submittsd reasons an3,.iP�found insufficient, shall:re.quire� the appointing officer to swbmit more detailed infor— -. mation in,support thereof; the findings of th'e Personnel Board as to the o'r'`insuffioiency of such reason ahall be transmitted to�and consider,ed by.such appointing officer,` and a.copy thereof shall�'. be sent to the veteran 2lioible or to his designated representativ.e ' upon request�ther.efor; provided further that if, upon certification,. reasons deemed suPficient by.the Personnel Eoard fo.r passing over his name shall three times ha given by the appointing officer,. � certification of his name for,�ppointmen.t.may�thereaft2r, be discontin-=%, °� , ued, prior notice of which shall be sent to the'veteran eligible. . 8eotion T6: Status of Present Employees. Any person fioTding � �a pcsition or empl'oyment included in th� competitive service,;-excepting however, the Police Department and Fi:e Department, who,•on the effzetive date of this crdinance, shall have served continuously in such position, - �or in some other position included in the competitive service, for a , period of at least six m!�n*hs immediately prior to such effeotive date, shall assume regular status in the'6ompetitive service in the position ;' held on such e£fective date without preliminary examination,or erorking tests and.sha.11 thereafter be sub,ject in all respect� to the•provisions .. , •. - • _9_ of this ordinance. . ' An.y other person holding a position or,empToyment in the. competitive ssrvice, excepting, hoe�ever, in.the Fire D and the ; Police Departmen.t, shall be regarded as helding his position or employ- � - r�ent as a•probationer x�ho is servin� out the balance of his or r.er . probationery period before obtaining regular status. `.. Any person holding a position or',emplo,ynent in the Police D or Fire Departr�'ent, tvho,� on` the "�effect,ive; date of thia ordinance, shall have.served continously in' such;position or in some other position.included in` the-competitice.service pr.ior to August 1, , `, 1944, sha:1T a ssume-regular status in tne competitive� service in the : ;. ' position ,held on t_ne effective��date of tnis ordinarice i+rithout'prelim- . f . , ' . . `+ . , inary, examination or working'tests.and, shaTl thereAfter be in ' all res�ects to the provisions,of this ordinance.. An,y other person 3n ,. , ', � .. . , , the Fire Department and Police Department holding posi'tions or employ- :.^.ent in the,competitive service employed und.er the �rcvisions of Assem- b1y Bi11•No. 689, Chapter 178, Statutes 1943,.passe3.�Apri1 1943, shall be reoarded as holdir_g emnloyment as temporary employees. ; �',� S ection 17: Removal and Suspension of Employees.`.The City Council, and any appointing officer or department head in �+.�hom is �• yested disciplinary or removal power, sha1Z be a.11evaed full fre.edom in, its or his action on auch:matters,=it being the intent and spirit of thie ordinance to provide a fair and ,just approach to�nunicipal'employ- , ment in order thnt city employees may be selected on a basis of,merit, � but in no sense to.handicap or cuntail the responsi,ble ; administrative � officer in securing efficient service. flll person� holding • in the competitive se�rvice.shall be subject to susperision without p�y for a period of not exceed_ing thirty d2ys, and also to demotion or removal from office�or employment for misconduct, incompetency, inef- � ficienc�i, or failure to perform duties, oa� ob�erve the ruYes andr : , . � - , �� ' , : i, , ' . . ; . ' , ; , .. . ' ,� , . .. . , ' . P ' . . , . . . . . ., ' � r, . ' . � a. , .� , . . - . ' regulations of"the department, office or board, but sub,ject-:to the . , - , right of' appeal of,<the''agg•rieved party to the,Board of'Revie«� in the , � manner s'et �for:�h herein. , ; � ` . - , � . ' , Section l8: N Filing o-f Charges. Any employee in the compet— ,� itivE.s:ervice.who has been demoted, dis�iss=d or.re�'uced in pay, shall be entitled;to receive.a writ.ten statemer.t of the reasons for such , . j . . . .. action within three�day,s, an8. he shall hav,e tnree days' time thereafter , ,. . , ' within'-ivhicH �to answer in, variting tY?ereto. A copy ,of such charges and ''ariswer shall be filed with the Bersonnel Officer. In the event the . - - . .. . employee £iles an ans�ver, a copy of ��ritteri.charges and of such � ar_stiver shall be transmitted.by the Personn�el Officer to the Personnel , Board, PJithin ten daye 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 eiithin.the.time prescribed;:then within ten days. � after the'action taken to demote, dismiss or reduce the pay of�•the '. _ . er.ipleyee, he may file a written d.emand with the Per�onnel Officer for . transmission to the Personnel Board requesting a hearing before the - , Board. The Eoarci shall investigate the c2.se 2nd ccnduct a hearing ' as provided. b5> Section 19 of this ordinance and by the rules. .., The provieions of this section and.of.Section 19 shall not : apply to.reductions in pay which are part oP a general plan to'reduce . y .. . , salaries a.nd wages as an•economy measure or�as part of a general cur— .. � �tailment program. . _ - , . 'Section 39: Right of Appeal. Any employee'in the_competi— tive service shall`hsve'the right�to anpeal to the Personnel Board �y ' � w r . . . . . . , ' • ` 4 . .. . . . . ... , , rela.tive to any situation.affecting his,empleyment status or cqnditions of employment. Thereupon the Ecard shall make such investigation as it may deem necessary and:`tivithin'twenty days after, the request. for hearing •- ivas filed by tYie 'employge,� the Board• shall, hold•,a� heArin�, at wfiich ' . t . tYme it shall hear evidence for �n against such employee. Hearings may b'e informaYly conducted and. tYie rules of evid.ence need not aroply. _ .; - ' - -� 1.: . ' ' - . . . " ' ' ' i ' . � . . ' . ' . . S ' . .. . . . i� . �: . � � . � ' p% . .,, _� • � , .. . � . . . . � .1. .. _ ., �'�Jithin ten days after°concluding ,the hearing, the Personnel Board shall.certify'it's firyndings and��recon�endations the City Coun— � cil, and to the official from action t appeal was taken.� Said official may then affirn,,revoke•or modify��the action taken; as in h,is '' � ,judgment shall seem �varranted. :The findings a.nd recommendations of the Personnel Board.and. any a.ction taken,by the City'Council or other � appointing power:shall be final and conclueive. � . ,,- Section 20: Reduction.of Personnel. 'Vdhenever it is the .� ,,judgment of the.City C,ouncil it becomes necessary, in the interest of � : economy, or because the necessity for.the.position involved rio longer . � exists, the�.City Council maq; subject to and in accordance with the . provisiona of Section 12 of this ord,inanc,e, make reductions of person— . rel in the c.ompetitive service and lav�'off-the employees holding such positions or employinent. Should such.pos,ition or e�iployment,.or any � position involving'.a.Il or any of the s2me,duties,�be reinstated or -' . created within.two years, the emplo,yee la.id off shaTl be eligible to . , be appointed thereto in preference to any on the • eligible Tist for such,position. The �ity.Coiincil shall observe the '- seniority rule in �utting into eYfect such reduction in . Section'21: Improper.Political" activity. No person hold.ing. ' , a position in the comoetitive. ser�ice shallsjek or.accept election, ��. nomination`or appointrrient�as an officer of•a county-or municipal polit ' `i�cal club or organization,'or- take �an.aat'ide' par.t is, or make any con- ' tribution or donation to, any county or municipal politiqal-campaign, -� or serve as.:� member of'a,committee of such club or organization or _, circula.te or s'eek�signatures ,to any,petition provided for by.law., or . '. _� .� : '' .. . . ; . ", c . .,. . . . , .. , . , y,. , ._� . ' � � i. . . - ,. . . .. . .. . . ... �� . �,- �....� ; act as a worker at the polls, or.distribute badges or pamphlets, dodgers, er ha.ndbille of any kind favoring or opposing an5r candida,te.for election, _ ,: . �or for nom?nation to•a public office, whether county or municipa.l; � provided, ho�vever, .that nothino in this�ordinance shall �e construed, : ' to prevent an3*. such officer or employee from'bec�mir_g or continui'ng- to , • • � ' . , , —12- � . ' _ . . . ; , • . . ' . . . . . ..A.'u� R .e . ♦ � . . . . ' � • , . . r .. . . 1 . a . . . ' . �, � ' . .. � . l� � � ' ��� .. � . � . . • •� . � be a member of, a political,club or organization, or from attendance. • at a political� meeting, .or 'from �en joying. entire - freedom from a7.1 inter– ference in caetin�';h"is�vote or from seeking or accepting,election or •, appointment to a oublic office, or to prevent any such o£fioer or employee ' ' from seekin� signatures to any initiative or reFerendum petition directly aY�ecting rates of pay, hours of work,,retirement, civil service 'or `". ' other working conditions of such officer or employee,. or from distributing badges or pamphlets,'dodgers or.handbills, or other participation in ,� any,campaign in connection•with such petition, providing such activity . is not.carried on during hours of work;,or when suoh offi,cer or employee �+� is.dr.=3sed in the uniform, if any,:required .in,any of the City government. :. � . _ _ �Any cJilful viol2tion thereof or violation through culpab].e negligerce, shall be suffi•cient grounds to authori�ze the discliarge of ' any offic'er or employee. � , � No person in the competitive service, or seeking admission ' triereto, shall be employed, promoted, d emoted or discharged, or in any', � way_favored or discriminated against because of politiaal opinione, or .: . . _, . ,, a.ffiliations, or because of race; or--religious'belief. , . ' . . . . . . E � . . . _ ' . , ' Section 22:•' Solicitatiori� Contributi,ons. D10 officer, � agent,.clerk ,or employee,.under the government of the City�,and no . candidate for any city office shall,.:dire.ctly or indirectly solicit or . � : , . . - receive, or be in any manner''concerned�.in soliciting or receiving.any � asse"ssment, subscription:,or contributiori; whether voluntary or involun- tary for any political purpose v�hatever;,from anyone on th2 employment .. . ,. , . - . . .. . . . F _ � , •� lists or holding ariy�posi-tion under the`provisions of•this..ordinance. ' . Section 23: Right to Contract for Special Service. The City _ — . � Council may contract with any competent.agency for the periormance by yuch such technical service in connection with the eatablieh-- �. �ent of .the peraonnel system or with its operation as may be desired . . - . -�13- . , . � . . . ,. , _ • . . � . ;, . . � _. _ . ' , 4 . � . � . � - . . . ^.A 1 . . . . .. :l . ' . � . . , � , . . 'P . . C . • . � . . .. . . ' � a. . � /. . . y � . . . . ' . • . � . ... • � � � .. . •. � . � ' )' .Y� ` _ . . . ' � ' � . . . . - � [ � � � ' . . . . ' . • . .. . . ' �'b . � . : � . . � . . . Said co'ntra.ct may include the delegation_ to such an agency respon= sibility for. the per.formance.of the duties herein imoosed upon .the , .. - . . . � k . . � Personnel':Board and the Personnel�Officer, but Ghall not include . , i bhe del'ega:tion, to sucYi•agency� of the power and duties herein vested • � F� � ' ., � , . . in the City CounciT.. • ' ection_24: Appropriation of �unds. The City Council shall appropriate such funds as;ar.e necessary to carry out pro- � ' visions of•this ordinance. • � - � Section•25 _Penalty for Violation. An,y person, firm or , „ corporation vi�l2.ting any of the pno this ord:inance shall be deemed. �uilt,y of a misdemeanor and,upon a.conviction thereof , shall be �nuilishable by a fine of not more than �30p,00 or by ir�prison- ment in the Gity Jail for a period of not more than.three months or � . b,y both such fine and imorisonment, Section 26: If any section, subsection, ei;bdivision, sentence, elause or phrase of this ordinance is for any rezson held to be unconstitutional�, such decision shall not affect the validity ' of the r. emaining" portions of tYiis ordinance. The Cit,y Cot:ncil 'nereby declares tYiat it viould. have pas ordinance,• and each section, � subsection,, subdivision, 'sentence, clause and phrase thereof, irr.es- . ' pective;oP the fact tiiat any;one or mqre sections, subsections,, subdiviSio sentencee,, claus.es or .phra.ses be decla:�ed unconstiti}tional. Secti 2 7: In.the event that this ondinance is not passed by a. tuao-thirds..maJority, Ord.inance,No. 229 shall remain in effect. . . . , . .' I , ` �:' . STATE OF CALIFORNIA ) � COUNTY OF LOS ANGELES) 8S � CITY OF LYNWOOD ) 2 hereby certify that the above and foregoing Ordinance was submitted to a vote of the qualified electors of the City of Lynwood, Ca.lifornia, pursaant to Taw, at a General 4�?unicipal Election held in said City upon the 9th day of April, 1946, and that said Ordinance�was adopted by more than a ma,}oriLy of the qualiPied electors voting on said ordinance at said election, as determined by the �City.Council of said City in canva.asing the votes of s2_id �� .w ���;,�election at its regular meeting held on April 16, 1946. . �'r • y ,� �� _�� ��,Dated this 16th day of April, 1946. ;, = � i .a1 *t.'�:•� �' ,' � � „ � . , . � aeC ' � \A 'rv' . � - I'1'Y LERK OF TH��TY�IQWO D _ Y . r . �