HomeMy Public PortalAboutOrd. 0229ORDINANCE NO. 9.
Ar ORDINANCE OF THE PEOPLE OF THE CITY OF LYN "?00D,
COU17TY OF LOS ANGMES,STATE OF CALIFORNIA, CREAT-
ING A CIVIL SERVICE BOARD,PROVIDING FOR THE I -ANNER
AND METHOD OF APPOINTIIENT;PROVIDING FOR THE PLAC-
ING OF THE MEMBERS OF THE POLICE DEPARTMENT, AND
THE FIRE DEPARTMENT UNDER CIVIL SERVICE.
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The People of the City of Lynwood, a Municipal cor-
poration, County of Los Angeles, State of California, do ordain
as follows:-
SECTION 1•
The City Council at their first regular meeting after
the adoption of this ordinance shall appoint as members of a civil
Service Board, three (3) citizens of the City who shall otherwise
have no connection with the Citj government. At the time of the
said appointment, the City Council shall designate one of the
citizens so appointed to serve for a term which shall expire
December 31, 1935, one for a term which shall expire December 31,
1937, and one for a term which shall expire December 31, 1939.
2:t the expiration of each of the terms so provided for a successor
shall be appointed for a term of six years. Vacancies on the
Civil Service Board from whatever cause shall be filled by the
City council for the unexpired term.
SECTION 2:
The Civil Service Board shall appoint one of the depu-
ties in the several offices in the City Hall to be secretary of
the Civil Service Board. The Secretary shall be chief examiner
for the Board any shall perform such additional duties as may be
assigned by the Board.
S ECTION 3
The Civil Service Board shall formulate rules and re,-u-
lations governing the selection and promotion of members of the
Fire Department and Police Department. All officers and men of
the Fire Department and the Police Department shall belong to the
classified service and shall be appointed and promoted for no other
grounds and for no other reason than,their fitness for the position
to be filled; provided, however, that no member of the Fire Depart-
ment and the Police Department shall be eligible for promotion un-
til he shall have served one (1) year in such department and that
in subsequent promotions, the member must have held the rank from
which he is promoted at least one (1) year. Promotion shall be
made only to the next higher grade in the service and no grade
shall be skipped. All officers or members shall be chosen or pro-
moted by the chief of the Fire Department and the Police Department
whenever a list of eligibles shall be furnished by the Civil Ser-
vice Board, from the three (3) highest standing candidates on the
list.
The cost of conducting examinations and other duties of
the Civil Service Board shall be a charge against the general fund
of the City. These costs shall be certified by the Civil Service
Board and when so certified shall be paid by the City Council in
the same manner as other charges against the City.
SECTION 4:
It shall be the duty of the Civil Service Board to hold
examination and to administer other suitable tests to those desir-
ing positions or who are applicants for or who may have been recom-
mended for !romotion in the classified service of the Fire Depart-
ment and the Police Department, for the purpose of determining
their fitness for such positions or their qualifications for such
promotions and, from the result of such examinations and tests, the
Board shall prepare a list of eligibles for all positions in the
classified service of the Fire Department and the Police Department
Any person carried on the eligible list for a period of two (2)
years without being appointed or promoted shall be dropped from
said eligible list and shall not be eligible for appointment or
rromotion without re- examination.
SECTION 5
To the end that there be no disruption in the present
service of the Fire Lepartment and the Police Department, and that
no undue hardship may be worked upon any member of said department
who shall have attained a certain grade or rank as a result of con-
tinuous and faithful service on said department, all members who
have been members of said departments for pore than six (6) months
immediately prior to the adoption of this ordinance of said depart-
ment shall be credited by the Civil Service Board with a qualify-
ing mark, both mental and physical, for entrance to the classified
service of the Fire Department and the Police Department and to the
rank, grade or position held by such members at the time of the
adoption of this ordinance and, all members with not less that two
(2) years Fire " epartment service to be considered as eligible for
the position of Captain, and all members with not less than six (6)
months service on said department considered as eligible for the
positions of Engineer and Auto Firemen; and all members pith not
less that two years Police Department service to be considered as
eliible for the position of Captain or Lieutenant, and all members
with not less than six (6) months service on said department consid.ered
as eligible for the position of Sergeant.
SECTION 6:
No person in the classified service or seeking admission
thereto shallbe appointed, promoted, demoted or discharged or in any
way favored or discriminatted against because of political opinions or
affiliations or because of religious belief.
SECTION 7
Appointments or promotions to employment or rank shall
not be deemed complete until a period of probation not to exceed
six (6) months has elapsed. Successive temporary appointments
shall not be allowed. In event of promotion to higher rank, the
appointee may be reduced by the Chief of the Fire Department or
the Thief of the Police Department, to the next lower rank in the
classified service of the said department and in the event that
such appointee is in the lowest grade of the classified service,
such appointee may be discharged by the Chief of the Department.
Each Chief shall only have power over his own Department members.
SECTION 8:
If discharged or reduced after the expiration ofmthe
period of probation, the employee so discharged or reduced may
demand a trial, whereupon he shall be tried as provided in the
section referring to suspensions and removals.
SECTION 9
The Chief of the Department or Civil Service Board in
whom shall be vested removal or disciplinary power shall be allow-
ed full freedom in his or its action, in such matters, it being
the intent and spirit of this ordinar_ce to provide a fair and
honest ap,roach to employment and subsequent promotion in such
department, but, in no sense, to handicap or curtail the respon-
sible administrative officer or officers in securing efficient
service.
SECTION 10:
Organization: There is hereby created a Fire Depart-
ment which shall consist of a Chief of the Fire Department,
Assistant Chiefs, Captains, Ingineers Auto Firemen, Mechanics,
Fire Alarm Operators, Inspectors, Hoseman and Laddermen and other
employees as the City Council may from time to time prescribe.
SECTION 11:
Qualifications: Every appointee of the Fire Department
at the time of appointment shall not be less than twenty -one (21)
years of age. Every appointee however must possess the physical
qualifications prescribed by the Civil Service Board (which shall
not be inferior to those required for recruits of the United States
Army) and before his appointment must pass satisfactory examina-
tions as may be prescribed by the Civil Service Board ;:very ap-
pointee must be a bona -fide resident and elector of the City of
Lynwood, County of Los An eles, State of California.
SECTION 12•
Chief of the Fire Department: The Chief of the Fire
Department shall be appointed by the City Council from among the
membership of the Lynwood Fire Uepartment, and after appointment
shall be removed or reduced in rank only as provided for other
members of the classified service. The dismissal of the Chief of
the Fire Department from office shall not accomplish his dismissal
from the Department, and, upon such dismissal he shall be restored
to the rank and grade held by him prior to his appointment as Chief
of the Fire Department.
SECTION 16:
Powers and Duties of the Chief of the Fire Department:
The Chief of the Fire DepaKment shall, subject to the approval
of the City Council have control, mana.ement and direction of all
members of the Fire Department and all buildings, apparatus and
equipment of such department in the lawful exercise of the func-
tions of his office. He shall have full power to detail any offi-
cer or member of the Fire Department to such public service as may
be necessary. He shall recommend to the City 7ouncil members of
the Fire Department for demotion or dismissal and may suspend from
duty and prefer charges against any officer or member.
SE^,TION 14:
"then a vacancy arises in the Fire Department above the
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grade of Hosemar_ or Ladderman, the Chief of the Fire Department
may, with the approval of the City Council, assign a member of
the department from the next lower rank to fill the vacancy until
such time as the absent memebrr shall return to duty or the vacancy
be filled by appointment from the eligible list furnished by the
Civil Service Board. The member so assigned shall, during his
incumbency, receive the salary attached to the grade or position
thus temporarily filled.
SECTION 15
Organization of Police Department. There is hereby
created a Police Department which shall consist of a Chief of the
Police Department, one Captain, one Lieutenant, three Sergeants
and Patrolman or i70torcycle Officers, and other employees as the
City Council may, from time to time, prescribe.
SECTION 16:
Qualifications: Every appointee of the Police Depart-
ment must have the same qualifications as set out in Section 11
of this act for appointees of the Fire Department.
SECTION 17:
Chief of the Police Department. The Chief of the Police
Department shall be appointed by the City Council from among the
members of the Lynwood Police Department, and after appointment
shall be removed or reduced in rank only as provided for other
members of classified service. The dismissal of the Chief of the
Police Department from office shall not accomplish his dismissal
from the Department, and upon such dismissal as Chief of the De-
partmcnt, he shall be restored to the rank ane trade held by him
prior to his appointment as Chief of the Police Department.
SECTION 18:
Powers and duties of the Chief of the Police Department.
The Chief of the Police Department shall, subject to the approval
of the City Council, have control, management, and direction of
all members of the Police Vepartment, and all buildings, apraratus,
and equipment of such Department as may be necessary in the lawful
exercise of the functions of his office. lie shall have full power
to detail any officer or member of the Police Department to such
public service as may be necessary. He shall recommend to the City
Council members of the Police Department for demotion or dismissal,
and may suspend from duty, and prefer charges against any office
or member of the Department.
SECTION 19:
Whenever a vacancy in the Police Dep rtmunt above the
grade of Patrolman occurs, the Chief of the Police Department may,
with the approval of the City Council, assign a member of the De-
partment from the next lower rank to fill the vacancy until such
time as the absent member shall return to duty, or the vacancy
may be filled by appointment from the eligible list furnished by
the Civil Service Board. The member so assigned shall, during
his incumbency receive the salary attached to the grade of posi-
tion thus temporarily filled.
SECTION 20:
Suspensions and Removals: The City Council may, upon the
recommendation of the Chief of the Department* suspend from duty,
for cause, for a period not to exceed thirty days or fine not to
exceed one month's pay, any member of the Fire Department or the
Police Department. In the event that any member of the Fire Depart-
ment or Police Department be charged with any offense which, under
the rules of the department or in the judgment of the Chief of the
Department, justifies expulsion of such member From the service
of the City, the Chief of the Department shall prepare or cause to
be prepared written charges against the accused, such written charges
to be filed with the trial board herein ^rested. Copies of such
char es shall be furnished to the accused, who shall not less than
ten 110) days after such service prepare his defense thereto. The
accused may, at the hearing of such charge be represented by counsel
atd shall have the right to compel the attendance of such witnesses
as he may desire to testify on his behalf.
SECTION 21:
Trial Board: There is hereby created, for the purpose of
hearing and determining charges made against an officer or member
of the Fire Department or Police Department, a board to be known
as the trial board, which shall be composed of the members of the
Civil Service Board and Chiefs of the Fire and Police Departments.
THe verdict and judgment of a %ajority of the trial board shall be
final. If the accused be found guilty, the trial board may dismiss
him from the service of the City or inflict such other punishment
upon him as in the judgment of the board may be adequate; provided,
however, that should an officer or member of the Fire Department or
Police Department be found guilty of a charge of drunkeness on duty,
the trial board must dismiss him from the service of the City. If
an officer or amemb er of the Fire Department or Police Department
be convicted of a felony or malfeasE:nce in the office or be adjudged
insane, or absent himself from the City for more than thirty (30)
days without leave, the trial board shall. upon the recommendation
of the Chief of the Department, declare his position or office
vacant and the vacancy shall be filled as heretofore provided.
SECTION 22
All officers and members of the Fire Department or Police
Department after serving on such Department not less than one year,
shall be entitled to fifteen (15) days vacation annually, such vaca-
tions shall be at such time as the Chief of the Department shall
direct and shall be without loss of pay. . ,ny member of the Fire
Department or Police Department in the Reserve Corps, Naval Reserve,
T;:arine Corps Reserve, or National .uard of the United States Army
or Navy when called for his annual fifteen (15) days period of
training shall be permitted to participate therein and shall not
suffer loss of pay through such absence nor shall such period de-
voted to said training be construed as the annual vacation of such
officer or member, but such officer or memb er shail have, in addi-
tion thereto, the annual vacation period on pay allotted to members
of the department.
T'o officer or member of the Fire or Police tepartment
shall be permitted, without the consent of the City Cduncil, to
accept any money, >ratuity, or compensation for any service he may
render as a member of the Fire or Police 'apartment. The City
Council may, upon the recommendation of the Chief of the Depart-
ment, reward any officer or member of the Department for conduct
which is heroic or meritorious. The form or amount of such reward
shall be discretionary with the City Council, but shall not exceed
in any one instance one month's salary. The City Council may ap-
propriate money for such rewards.
SECTION 23
Officers and members of the Fire or Police Department
shall not follow any profession, trade, calling or business, but
shall devote their entire time to the performance of their duties
as members of the Department. They shall not be allowed pay for
any period for which they shall be absent themselves from duty, ex-
cept as herein provided.
SECTION 24:
The officers and members of the Fire Department shall be
divided into two bodies or platoons. The hours of duty of each
platoon shall be from seven thirty (7 :30) o'clock A. M. until seven
thirty (7 :30) A. M. the following day, thereby each platoon having
twenty -four (24) hours leave of absence on alternate days. This
leave shall be construed as leave from the stations only, and
officers and members on such leave shall be considered on duty and
subject to orders in case of need. No. officer or member of the
Fire Department shall be permitted to go off duty on such leave
during the progress of a fire.
SECTION 25:
The officers and members of the Police Department shall
work in shifts of eight (8) hours each, and except in cases of
emergency during which tima they shall work as directed by the
Chief of the Department. The officers and members of the Police
Department shall be allowed one (1) day off every seven (7) days.
SECTION 26•
There shall be provided sleeping quarters and beds in
the several fire stations f - the use of members of the Fire De-
partment on duty.
SECTION 27
If any section, sub - section, clause, or phrase of this
ordinance is for any reason held to be unconstitutional, such de-
cision shall not affect the validity of the remaining sections of
this ordinance.
SECTION 28:
Any provisions or clause of the several ordinances of
the City of Lynwood in conflict herewith are hereby expressly
repealed.
SECTION 29
' "henever in this ordinance the masculine gender is
used it shall be deemed to include the feminine gender.
SECTION 30:
The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be publis''ned once
in the Lynwood Press -------- a weekly newspaper of general cir-
culation, printed, published and circulated in the City of Lynwood,
California.
PASSED AND ADOPTED this 20th day ofFebruary 1934.
APPROVED:
ATTEST:
/ �� FIYOR CITY OF LI'h OOD
MElih, CITY OF LnW
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES,: SS.
CITY OF LYNWOOT) . )
i
I, the undersigned, City Clerk of the City of
Lynwood, California, do hereby certify that the above
and foregoing Ordinance was duly adopted by the City
Council of said City at a xxxxxxxx regular meeting
thereof held in the City Hall of said City, on the
20th day of Lebruar _, 193 4., and passed by the
following vote:
AYES: COUNCILMEN: Snyder. '?!right. 7aetweile
Childs :nd 'Davies.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Nor--
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