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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. - -- o 0 0 - -- 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 ' r 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-- 9�: C(3 tmiG -021t 1(E&Vf3 - - - - - t '. — - — a. - — — — — — — — J .. — — — — -- — — — — — — — — — .. ' ?Ts. - - - - - - - - - - -. - - - - .LCi i Lr iK} "'? -- — — — — — — — — — — — — — ._. ._ « ,,.1, 1 , ..L, Pol?.c�e Dent . - - - - - - - - -- - - - - - -c;, ,'l.°,IJ irate 1 1-crnxa%. - - - - - - - - - - - - - - .- - Captain. 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