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HomeMy Public PortalAboutOrdinance 61-51ORDINANCE NO. 61 -51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ESTABLISHING A PERSONNEL SYSTEM. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. 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 tests; and to provide a reasonable degree of security for qualified employees, the following per- sonnel system is hereby created. SECTION 2. Short Title. This Ordinance shall be known as "The City of Tempe City Personnel and Salary Ordinance." SECTION 3. Definition of Terms. The words and terms defined in this section shall have the following meanings in this or any other ordinance or resolution classifying and fix- ing salaries and compensation or authorizing the employment of personnel in any department or office of the City of Temple City. (1) "Advancement" means a salary increase of one or more steps within the limits of the salary range established for a class. (2) "Allocation" means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class on the basis of duties and responsibilities. (3) "Anniversary Date" means the first day of the month following the date of initial employment, or the first day of the month following promotion to a position having a higher salary range, unless otherwise provided herein. (4) "Appointing Power," the City Manager, who has final authority to make the appointment to the position to be filled. (5) "City" means the City of Temple City. (6) "Class" or "Class of Positions" means all positions sufficiently similar in duties, authority, responsibility and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion and salary. (7) "Classified Service" means all positions on the City Service except those specifically placed in the exempt service. (8) "Compensation" means the salary, wage allowances and all other forms of valuable considerations, earned by or paid to any employee by reason of service in any position, but does not include any allowances authorized and incurred as in- cidents to employment. 1 120 (9) "Competitive Service" means the positions and em- ployments which are included or which may hereafter be included under the personnel system by ordinance. (10) "Continuous Service" means employment with the without break or interruption. Neither vacation leave, sick leave, military leave, nor leaves of absence, if the employee returns to work within sixty (60) days, whether with or without pay, shall be construed as a break or interruption in employ- ment. If an employee is removed from payroll due to a reduction in force for any reason, said employee's continuous service shall be considered broken if said employee is not returned to the payroll within sixty (60) days. The City Manager shall be required to give the employee ten days notice to return to service; and if the employee does not accept within said ten day period, service will be terminated. (11) "Council" means the City Council of the City of Temple City. (12) "Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay. (13) "Eligible" means a person whose name is on an employment list. (14) "Employee" means a person legally occupying a posi- tion in the City service. (15) "Employment Lists" means a list of names of persons who have taken an examination for a class in the competitive service and passed, and are ranked on the list in the order of the score received. (16) "Exempt Service" means all positions of elective officials and those specifically designated by the City Council to be exempt from the classification plan. (17) "Part -time Employee" means those employees in per- manent positions for which compensation is fixed on the basis of part -time work. (18) "Permanent Employee" means an employee who has suc- cessfully completed his probationary period and has been re- tained as hereafter provided in this ordinance. (19) "Position" means a group of current duties and re- sponsibilities assigned or delegated by competent authority, requiring the full or part -time services of one person. (20) "Probationary Period" means a working test period during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of the position. (21) "Promotion" means the movement of an employee from one position to another which is allocated to a class with a higher maximum rate of pay. (22) "Promotional Examination" means an examination for a particular class, admission to the examination being limited to permanent employees in the classified service. 2 121 (23) "Promotional List" means an employment list result- ing from a promotional examination. (24) "Provisional Appointment'! means an appointment ac- quired by a person who possesses the minimum qualifications es- tablished for a particular class and who has been appointed to a position in that class in the absence of available eligibles. (25) "Reinstatement" means the re- employment without examination of a former permanent employee within two years fol- lowing his resignation from the City service. Such action must have the approval of the department head and the City Manager. (26) "Relocation" means a reassignment or change in al- location of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class, at the same level on the basis of substantial changes in the kind, difficulty or responsibility of duties performed in such position. (27) "Service of City" means all positions in all de- partments and offices of the City of Temple City that are sub- ject to control and regulations by the City Council of the City of Temple City. (28) "Suspension" means the temporary separation from the service of an employee without pay, for disciplinary pur- poses. (29) "Temporary Appointment" means an appointment of a person to a position of limited duration. (30) "Title," "Class Title," or "Title of Class" means the designation given to, or name applied to, a class or to each position allocated to the class and to the legally appoint- ed incumbent of each position allocated to the class. Its mean- ing is set forth in the corresponding class specificaion. (31) "Transfer" means a change of an employee from one position to another in the same class or another class having essentially the same maximum salary limits, involving the per- formance of similar duties and requiring substantially the same basic qualifications. SECTION 4. 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 29 of this Ordinance. The City Manager shall: (a) Administer all the provisions of this Ordi- nance and of personnel rules not specifically reserved to the Council. (b) Prepare and recommend to the Council revisions and amendments to the personnel rules. (c) Prepare a position classification plan, in- cluding class specifications and revisions of the plan. The plan, and any revision thereof, shall become effective upon ap- proval by the Council. (d) Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service 3 122 The plan, and the revisions thereof, shall become effective upon approval by the Council. SECTION 5. 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) City Manager (c) City Attorney (d) Members of appointive boards, commissions and and committees. (e) Persons engaged under contract to supply ex- pert professional or technical services for a definite period of time. (f) Volunteer personnel, such as volunteer fire- men, who receive no compensation from the City. SECTION 6. Appointments. Appointments to vacant posi- tions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practi- cable 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, person- al interview, performance tests, evaluation of daily work per- formance, work sampler, or any combination of these, which will, in the opinion of the City Manager, test fairly the qualifica- tions of candidates. Physical and medical tests may be given as a part of any examination. SECTION 7. Status of Present Employees. Any person hold- ing a position included in the competitive service who, on the effective date of this ordinance, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period pre- scribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effec- tive date 'without qualifying test, and shall thereafter be sub- ject in all respects to the provisions of this ordinance and the personnel rules. Any other persons holding positions in the competitive service shall be regarded as probationers 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. SECTION 8. Classified Service. A. All positions in the classified service created or established by the Council are to be classified and given appro- priate class titles by the Council. Each class established by said Council pursuant to his ordinance, is to include all posi- tions sufficiently similar in respect to the duties and respon- sibilities to meet the requirements as specified under the definition "Class." The City of Temple City Classification Plan is con- tained in a book by that title and known as the official book of class specifications. B. Classification of Positions: (1) The classification of positions for the purpose 4 123 of this ordinance shall be as contained in the official book of class specifications. (2) The Council at any meeting thereof and after considera- tion of a recommendation from the City Manager, may by resolution adopted by a majority vote, create new classes or divide, combine or abolish existing classes. C. Use of Class Titles: The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions of the City. D. Amendmrint and Maintenance of Classification Plan: '!henever one or more new positions are under consideration for possible establishment or whenever, because of any revision in organi- zation or methods, a significant change of the duties or responsibili- ties of any existing position is to be made which may require the re- allocation of such position, or whenever a new class is created to which any position may more appropriately be allocated, or whenever, because of the abolishment or combination of any existing positions or classes an amendment of the classification plan is required, the City Manager, upon his own initiative, or upon written request of any em- ployee, may initiate an inquiry of the classification of any position. On the basis of such investigation, the City Manager shall recommend such changes as he deems appropriate to the Council. The Council may take action to modify the classification plan in accordance with the provisions of Section 8 paragraph A, above. E. Fingerprinting and Physical Examination. Every person continuously employed by the City of Temple City shall be fingerprinted, and may be required to submit to a physical examination by a physician selected by the City at City expense, as a condition of employment to be accomplished prior to or immediately after such employment. The City M nager shall dismiss or refuse em- ployment as indicated by the results of the fingerprinting and /or physical examination. All records of fingerprints, physical examina• tions, and other information shall be confidential to the City Manager and the City Council and shall not constitute a public record. F. Every person employed by the City of Temple City shall ex- ecute a Loyalty Oath in the form and manner designated by the City Man - ager. SECTION 9. Personnel System. A. Adoption of Rules. Personnel rules, prepared by the City Manager subject to this ordinance, shall be adopted, and may be amend- ed from time to time, by resolution of the Council. The rules shall establish specific procedures and regulations governing the personnel system. B. The City Manager shall have the power to appoint, promote, discipline, demote and remove all officers and employees of the City except the City Clerk, the City Attorney, and the City Treasurer. C. The City Manager shall be responsible For the following procedures within the framework of this ordinance: (1) The formulation of standards and qualifications for each class oF position. (2) The public announcement of vacancies and examinations and the acceptance of applications for employment. (3) The preparation and conduct of written and /or -5- 124 1 1 oral examinations and the establishment and use of employment lists containing the names of persons eligible for appointment. (4) The evaluation of employees during probationary period and periodically thereafter. (5Y The standardization of hours of work, attendance, leave regulations, working conditions and the development of programs for improvement in employees' morale, welfare; training and safety. (6) The separation from service of employees through layoff, suspension and dismissal. (7) The maintenance and use of necessary forms and records to indicate days worked, sick leave, vacations, leaves of absence, etc. (8) The establishment and maintenance of suitable methods for effective communication: between the Council, City Manager, Supervisors and other employees relating to conditions of employment in the City service. D. All original and promotional appointments shall be for a probationary period of not less than six months, and may be extended to one year at the discretion of the City Manager. During the probationary period the employee may be rejected at any time. An employee rejected during the probationary period from a position to which he was promoted shall be reinstated to the former position unless he is discharged for a reason which would have been sufficient to cause his discharge from his former position. 6 125 1 SECTION 10. Compensation Plan. A. The schedule of pay ranges and steps listed in Table I constitutes the compensation plan applicable to all classes of.positions except those classes shown as a flat rate. TABLE I SCHEDULE OF SALARY RANGES Schedule Number Schedule Steps 1 2 3 4 5 3o 288 303 319 337 355 31 303 319 337 355 375 32 319 337 355 375 395 33 337 355 375 395 417 34 355 375 395 417 440 35 375 395 417 440 464 36 395 417 440 464 489 37 417 44o 464 489 516 Do 44o 464 489 516 545 39 464 489 516 545 575 4o 489 516 545 575 608 41 516 545 575 608 641 42 545 575 608 641 677 43 575 o3 641 677 715 44 6o8 641 677 715 755 45 641 677 715 755 797 46 677 715 755 797 842 47 715 755 797 842 889 48 755 797 842 889 94o 49 797 842 889 940 5o 842 889 94o 992 1,048 7 126 1 1 B. When an employee works less than an eight hour day he shall be paid the hourly equivalent of his monthly salary times the actual number of hours worked per day. For the pur- pose of computing daily rate equivalents where an employee works less than a full pay period, the hourly rate shall be mul- tiplied by 8 and the daily rate multiplied by the actual number of full days worked. The equivalent hourly rates are shown. in Table II. TABLE II SCHEDULE OF HOURLY RATE EQUIVALENTS Schedule Number 3o 31 32 33 34. 35 36 37 38 39 40 41 42 43 44 46 47 48 49 5o Monthly Rate 40 Hr. Week Hourly Rate 288 1.66 303 1.74 319 1.83 337 1.94 355 2.04 375 2.16 395 2.27 417 2.40 440 2.54 464 2.67 489 2.81 516 2.97 545 3.13 575 3.30 608 6 3.49 41 3.68 677 3.89 715 4.11 755 4.34 77 4.58 842 4.84 Note: The above table provides the equivalent hourly rates ap- propriate. for the salary range steps. C. The compensation of those officers and employees of the City included in the compensation plan shall be as set forth in Table III. TABLE III Class Administrative Assistant Deputy City Clerk Director of Recreation Foreman - Buildings and Grounds Park Maintenance Man Steno -Clerk Steno- Secretary Recreation Leader 8 Range 575 -715 355 -440 516 -641 516 -641 417 -516 319 -395 355 -44o 355 -440 127 SECTION 11. Administration of the Compensation plan. A. The salary schedule for the respective classes of positions as set forth in Tables 1, II and III with such amend- ments as may be adopted by the Council from time to time by or- dinance or resolution shall have the force and effect and shall be interpreted and applied as follows: (1) The salaries or rates of compensation prescribed are fixed on the basis of full -time service in full -time posi- tions. (2) The employee shall be eligible for recommenda- tion to receive the step within range for the crass to which his position is allocated as determined by the following conditions: (a) 6 months or less of continuous service - ]..st Step. (b) More than 6 months (but less than 12 years) of continuous service - 2nd Step. (c) More than 12 years (but less than 22 years) continuous service - 3rd Step. (d) More than 22 years (but less than 3z years) continuous service - 4th Step. (e) More than 3.2 years of continuous service - 5th Step. (3) Mo advanee in pay shall be automatic upon com- pletion of the periods of service outlined hereinabove, and all increases shall be made on the basis of merit as established by the .employee's work performance. Increase in pay shall be with - held in cases of inferior work, lack of application or indiffer- ent attitude. The pay of any employee may be reduced to a lower step within the established pay range by the City Manager where the quality and manner of work performance do not justify the pay being received. SECTION 12. Pay Rates Following Promotion. An employee receiving a promotion shall be entitled to the rate of pay at the entrance step at the range to which said employee is being promoted, or one step above the step in which the employee was assigned in his former position. In the event an employee is promoted on his anniversary date, he shall first receive any within range increase to which he is entitled and then the promotion salary adjustment provided above. A new anniversary date shall be established for purposes of eligibil- ity for future step increases as of the effective date of the promotion, SECTION 13. Applicable Pay Rates. The Council may by resolution create new positions, and estab- lish applicable pay rates following promotion, demotion, trans - fer, reallocation of positions, and the rates following salary range increases and decreases. SECTION 14. Periodic Salary Review. Salaries of officers and employees as set forth in Table III shall be reviewed periodically by the Council. The City Manager will collect such salary data and related information as may be necessary to assist the Council in said salary treviews. 9 128 SECTION 15. Hours of Work. All City employment is based on a 40 hour week. SECTION 16. Compensation for Overtime. A. It is the policy of the City that overtime work shall be discouraged. Employees may be required to work beyond the established work week if, in the judgment of the City it is necessary in order to meet emergencies or to more effectively accomplish the work to be done. B. Employees shall be compensated for overtime work by taking equivalent time off, after obtaining prior approval from the City Mana- ger. Compensatory time off shall be taken within 30 days from the date earned and at the convenience of the City unless otherwise authorized or requested by the City. The City may authorize compensation in cash for such overtime if it is -not convenient to the City for the employee to take equivalent time off, C. Incidental overtime is not compensable and may not be credited as overtime. Incidental overtime is defined as overtime of less than one -half hour which is non - current in nature. SECTION 17. Part -Time and Temporary Employment. A. Except as otherwise provided a weekly work schedule of less than 25 hours shall not be deemed to be qualified as part time employment but shall be qualified as temporary employment. Part time employees shall be entitled to compensation and eligible for sick leave and vacation leave which compensation shall be determined by the relation that the actual number of hours of service bears to the num- ber of hours required in full -time employment in each class of posi- tion. B. Temporary Employees shall not be entitled to receive holi- days, sick leave and /or vacation leave. SECTION 18. Per Diem Travel Rates, Except as otherwise provided by law, the Council may, by order, establish per diem and /or mileage rates for travel by employees on City business, SECTION 19. Vacation Leave. Each full -time employee shall be entitled to 10 working days per year (5/6 working days per month) of vacation time with full pay, subject to the following conditions: A. Vacation time shall begin to accumulate as of the first day of employment, although vacation time may not be taken until the end of six months of continuous service unless otherwise provided': herein. Vacation leave shall be taken at the convenience of the City. B. Vacation time accruing to an employee prior to each IIannual anniversary date of full -time employment shall be taken or used by said employee within the twelve months period following said anniversary date, or shall be lost and waived by the employee. No accumulation of vacation time in excess of 10 working days is allowed. C. No employee shall be entitled to vacation pay if he re- signs prior to his first anniversary date. -10- 129 1 1 D. in the case of discharge, or death, of an employee who has not prior thereto taken his annual vacation leave, said employee or his estate shall thereupon be paid the monetary value of the earn, ed vacation as provided in this Section. SECTION 20. Sick Leave .\! i th Pay . A. Each permanent City Employee is entitled to five days of sick leave with pay for a calendar year of service. For the purpose of computing sick leave each employee shall be considered to work not more than five days each week. A maximum of 10 days sick leave may be granted for pregnancy. D. Additional sick leave with pay beyond that accumulated may be authorized by the City Council in unusu-al circumstances. C, Part -time employees are eligible to receive sick leave as set forth in Section A above except that such sick leave shall be based on the percent of time employed per full calendar month of service. D. A City employee who is entitled to temporary disability indemnity under the Labor Code may elect to take as much of his accu- mulated sick leave, or his accumulated vacation after his accumulated sick leave becomes exhausted, as when added to his disability indem- nity will result in a payment to him of his full salary or wage. Under the terms of this paragraph, the City will apply only that portion of the five days of the sick leave or vacation time that is necessary that when added to the disability indemnity will equal the full pay rate. At the option of the employee, as an alternate to the above procedure, a City employee who is entitled to temporary disability in- demnity under the Labor Code may elect to receive the above mentioned sick leave and /or vacation leave in full, upon the execution of an agreement that he will assign all disability indemnity payments to the City upon receipt for deposit in the City treasury. E. The City Manager may require employees to submit substan- tiating evidence of sickness including a doctor's certificate stating the nature of alleged illness. SECTION 21. Leaves of Absence. Except as otherwise provided by law, leaves of absence may be granted up to a maximum of 60 days only when the Council finds that such leave will be in the best interest of the City. An employee earns no pay, vacation, sick leave, holidays, nor credited employment time applied toward his step increase during such leave of absence, except as otherwise provided by law. SECTION 22. Employment of Relatives. No person shall hereafter be employed by the City who is re- lated within the second degree to his department head or immediate Sl�per �,; col SECTION 23. HOLIDAYS. All employees shall be entitled to the following legal holi- days each year: 130 1 1 1 January 1, (New Years Day) May 30, (Memorial Day) July 4 (Independance Day) September, first Monday, (Labor Day) November, (Thanksgiving Da December 25, (Christmas Day) Expressly excluded as holidays are the following: February 12, (Lincoln's Birthday) February 22, (Washington's Birthday) September 9, (Admission Day) October 12, (Columbus Day) November 11, (Veterans' Day) Good Friday Alen a holiday falls on a Sunday, Monday, the day following, will be the official day off. SECTION 24. 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. SECTION 25. Appointments Subject to Ordinance. The City Manager, and any other officer 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. SECTION 26. Suspension. Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the City Manager, and any other officer in whom is vested the power to appoint and without right of appeal, but such suspensions shall not ex- ceed a total of thirty days in any fiscal year. SECTION 27. Right of Appeal. Any employee in the competitive service shall have the rioht to appeal to the City Council 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 pro- hibited by this ordinance. Thereupon, the Council shall make such in- vestigation as it may deem necessary and within twenty days after the a appeal was filed, the Council shall hold a hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Within ten days after concluding the hearino, the City Council shall certify its findings and recommendations to the City Manager, to any other official from whose action the appeal was taken, and to the employee affected. The Council will then affirm, revoke or modify the action taken, as in its judgment seems warranted, and the action taken shall be final. -12- 131 SECTION 28. Abolition of Positions. 4henever in the judgment 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 any employee holding such position or employment without filing written charges and without the right of appeal. Competency shall be observed in effecting such reduction in personnel and the order of lay -off shall be made by the City Manager. Lay -off shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the lay -off of any probationary or permanent employee. The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classes which, in the opinion of the personnel officer, require basically the same qualifi- cations and duties and responsibilities or those of the class of posi- tions from which lay -off was made. SECTION 29. Right to Contract for Special Service. A. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should con- tract 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 th this ordinance. (1) The preparation of personnel rules and subsequent re- visions and amendments thereof. (2) The preparation of a position classification plan, and subsequent revisions and amendments thereof. (3) The preparation of a plan of compensation, and sub- sequent revisions and amendments thereof. (4) The preparation, conduct and grading of competitive tests. (5) Special and technical services of advisory or informa- tional character on matters relating to personnel administration. SECTION 30. Political Activity. A. Employees in the service of the City shall not: (1) Seek or accept election, nomination or appointment a5 an officer or a political club or political organization. II (2) Take an active part in a Los Angeles County or Temple City Municipal political campaign. (3) Act as political workers at the polls or distribute badges, pamphlets, dodgers or handbills of any kind favoring or oppos- ing any candidates for election or nomination to a county or city office. -13- 132 B, This section does not prevent any employee from: (1)' Becoming or continuing to be a member of a p litical club or organization. (2) Attendance at a political meeting. (3) Enjoying entire freedom from all interference in casting his vote. (4) Seeking or accepting election or appointment to public office other than an elective office in the City of Temple City. (5) Seeking signature to any initiative or referen- dum petition directly affecting his rates 'of pay, hours of work., retirement, civil service or other working conditions. (6) Distributing badges, pamphlets, dodgers, or handbills 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. SECTION 31. Solicitation of Contributions. No office.:,, or employee of the City, or any other person directly or inr;. :. ctly shall solicit or receive, or in any manner be conce °_,:_d in the soliciting or receiving, from anyone. on an eligible l�,t or employed in the service of the City any assessment, subf-ic.°iption, contribution or political service, for aiding or asei:,ting in the campaign for election, or ap- pointment to any political or official or other position in the City, either partisan or non - partisan. SECTION 32. Discrimination. No person in, the competitive service or seeking admission thereto shall be favored or discriminated against in his employ- ment because of political_ affiliations, race or religious beliefs. This ordinance shall be deemed to contain the language required by Sections 45050 and 45051 of the Government Code and Section 1940 and 1941 of Chapter 2 of the Labor Code subject to the exceptions contained in Sections 45052, 45053 and 45054 of the Government Code and Section 1944 of Chapter 2 of Labor Code. SECTION 33. Military Leave. Military leave with pay shall be granted in accordance with Section 395 of the Military and Veteran's Code. . SECTION 34. Jury Duty. No deductions shall be made from the salary of an em- ployee while on jury duty if he has waived or remitted to the City the fee for jury duty. If he has not so waived or remitted the jury fee, he shall be paid only for the time actually worked in his regular position. An employee accepted for jury duty shall immediately notify his department head in writing whether he waived or remits his jury fee to the City. SECTION 35, Repeal. All ordinances, or parts of ordinances, or resolutions., or parts of resolutions, in conflict herewith are hereby re- pealed. 14 133 SECTION 36. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance, for any reason, is held to be in- valid or unconstitutional, such invalidity or unconstitutional- ity shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being hereby expressly declared that this ordinance, and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be de- clared invalid or unconstitutional, SECTION 37. Effective Date. Publication. This ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the Temple City Times, a weekly newspaper of general circulation published and circulated in the City of Temple City, and thence- forth and thereafter the same shall be in full force and effect. PASSED and ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held this 27th da,y of November . 1961, by the following roll -call vote: AYES: Councilmen: Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: .. ouncilmen: None ABSENT: Councilmen: None ATTEST: C. X :°.- Clerk of the City of Tem City, California STATE OF CALIFORNIA COUNTY. OF LOS ANGELES -CITY OF TEMPLE CITY ss Mayor of the City of Temple City, California I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -51 was introduced at a regular meeting of the City Council held on November 14, 1961, and adopted at a regular meeting of the City Council held November 27, 1961, by the following roll call vote: AYES; Councilmen- Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen -None ABSENT: Councilmen -None Dated: November 27, 1961 Deputy City Clerk of th'e "City of 15 Temple City, California 134