HomeMy Public PortalAboutOrd. 0609
ORDINANCE NO. 609
AN ORDINANCE OF THE CITY OF LYNWOOD REPEALING
ORDINANCES NUMBERED 229, 530, AND 427,AND ES-
TABLISHING A PERSONNEL SYSTEM TO INCLUDE ALL
EMPLOYEES OF THE CITY EXCEPT THOSE SPECIFI-
CALLY EXCLUDED.
The people of the City of Lynwood do herebyy ordain as
follows:
SECTION 1. ADOPTION OF PERSONNEL SYSTEM TO INCLUDE ALL
CLASSIFIED EMPLOYEES. In order to combine into one uniform Personnel
System all of the employees who heretofore have been under two dif-
ferent systems, the following personnel system is hereby adopted.
SECTION 2. PERSONNEL OFFICER. The City Manager shall be
ex-officio Personnel Officer, With the approval of the City Council,
the City Manager may delegate any of the duties and powers conferred
upon him as Personnel Officer under this ordinance to any other officer
or employee of the City. The Personnel Officer shall:
(a) Attend all meetings of the Personnel Board and
serve as its secretary, '
(b) Administer all the provisions of this ordinance and
of the personnel rules not specifically reserved to
the Council or the Personnel Board.
(c) Prepare and recommend to the Council revisions and
amendments to the personnel rules, The City Attorney
shall approve the legality of such revisions and
amendments prior to their submission to the Council,
(d) Under the direction of the Council, prepare a position
classification plan, including class specifications,
and revisions of the plan. The plan, and any re-
visions thereof, shall become effective upon approval
by the Council.
(e) Under the direction of the Council, prepare a plan
of compensation, and revisions thereof, covering all
classifications in the competitive service. The
plan and any revisions thereof shall become effective
upon approval by the Council.
SECTION 3, •PERSONNEL BOARD. There is hereby created a
Personnel Board to consist of five members, to be appointed by the
Council.
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The first Board to be appointed shall, at its first meeting,
so classify its members by lot that one shall serve for a term which
shall expire May 15, 1955, one shall serve for a term which shall
expire May 15, 1956, one shall serve for a term which shall expire
May 15, 1957, and two shall serve for a term which shall expire
May 15, 1958. At the expiration of each of the terms so provided for,
a successor shall be appointed by the Counoil for a term of four years.
Annually, on or before May 15, the Board shall elect from among its
members a chairman to serve for one year.
Vacancies on the Board shall be filled by appointment by the
Council for the unexpired term. Each member shall serve until his
successor is appointed and qualified, A majority vote of the Council
shall be required to appoint a member of the Personnel Board, but a
four-fifths vote shall be necessary to remove any member of the Per-
sonnel Board from office prior to the expiration of his term.
Members of the Personnel Board shall be electors of and have
resided in the City for the year preceding appointment and must main-
tain residence in the City of Lynwood during the term of appointment.
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No person shall be appointed to the Board who holds any salaried
public office or employment, nor shall any member, while on the
Board or for a period of one year after his term has expired, be
eligible for appointment or election to any office or employment of
the City.
SECTION 4. DUTIES OF THE PERSONNEL BOARD. The Personnel
Board shall determine the order of business for the conduct of its
meetings, and shall meet regularly if so required by the rules, or on
call of the Chairman or three members of the Board.. Three members of
the Board shall constitute a quorum for the transaction of business.
The functions of the Board shall be:
(a) As provided by this ordinanoe and by the rules, to
hear appeals submitted by any perscn in the com-
petitive service relative to any disciplinary action,
dismissal, demotion, or alleged violation of this
ordinance or the pex°sonnel rules and to certify its
findings and recommendations as provided in this
ordinance,
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(b) In any investigation or hearing conducted by the
Board, it shall. have the power to examine witnesses
under oath and compel their attendance or production
of evidence by subpoena issued in the name of the
city and attested by the City Clerk. It shall be
the duty of the Chief of Police to cause all such
subpoenas to be served and refusal of a person to
attend or to testify in answer to such a subpoena
shall subject the person to prosecution in the same
manner set forth by law for failure to appear before
the Council in response to a subpoena issued by the
Council. Each member of the Personnel Board shall
have the power to administer oaths to witnesses,
(c) To publish or post notices of tests for positions in
the competitive service; to receive applications
therefor; to conduct and grade tests, to certify to the
appointing power a 13_st of all persons eligible for
appointment to the appropriate position in the com-
petitive service. The Personnel Board shall cause
the duties imposed upon it by this subdivision to be
performed by the Personnel Officer who, as to such
duties, shall be subject only to the direction and
control of the Personnel Board.
(d) When requested by the Gouncil, the Personnel Board
shall hold hearings and make recommendation on any
matter of personnel administration within the limits
of the request of 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, excepte
(a) Elective offices,
(b) Positions on appointive boards, commissions, and
committeeso
(c) Persons employed under contract to supply expert
professional, or technical services for a definite
period of time:
(d) Volunteer personnel, such as volunteer firemen, who
receive no regular compensation from the city.
(e) City Attorney and City Manager>
(f) Part-time crossing guards, intermittently employed
street department, employees; per diem, hourly, and
seasonal employees, reserve firemen and reserve
policemen;
SECTION 6, ADOPTION OF RULES. Personnel rules, prepared
by the Personnel Officer subject to this ordinance and to revision by
the Council, shall be adopted by resolution of the Ceuneil, establishing,
specific procedures and regulations governing the following phases of
the personnel system.
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(a) Preparation, installation, revision, and maintenance
of a position classification plan covering all
positions in the competitive servioe, including
minimum standards and qualifications for each class.
(b) Preparation, revision, and administration of a plan
of compensation directly correlated with the position
classification plan, providing a rate or range of pay
for each class.
(c) Public announcement of all tests and the acceptance
of applications for employments
(d) Preparation and conduct of tests and the establishment
and use of resulting employment lists containing names
of persons eligible for appointment,
(e) Certification and appointment of persons from employ-
ment lists, and the making of temporary and emergency
appointments,
(f) Transfer, promotion, demotion, and reinstatment of
employees in the competitive service.
(g) Separation of employees from the City Service through
lay-off, suspension, and dismissal.
(h) Standardization of hours of work, attendance and
leave regulations, vaorking conditions, conditions
under which said employees cr 2ssoe:iat.ions or groups
of said employees may solicit funds or sell tickets
for benefit shows or other entertainments other than
funds solicited for political purposes, and the
o development of employee morale, welfare, and training.
(i) Suitable provision for orderly and equitable presenta-
tions to the Council by employees relating to general.
conditions of employment,
(j) Content, maintenance, and use of personnel records
and formse
SECTION y_ ORGANIZATION OF FIRE DEPARTMENT. There is
hereby created a Fine Department which shall consist of a Chief of the
Fire Department and such captains, engineeers, fS.remen, inspectors, and
other employees as the City Gouncil may from time to time prescribe.
SECTION $o ORGANIZATION OF POLICE DEPARTMENT. There is
hereby created a Police Department which shall consist of a Chief of
the Police Department and such captains, lieutenants, sergeants, patrol-
men, motorcycle officers, and other employees of said department as the
City Council may from time to time prescribe.
SECTION ge APPOINTMENTS AND PROMOTIONS IN THE FIRE AND
POLICE DEPARTMENTS. Ail officers and other members of the Police and
Fire Departments shall be appointed and promoted on merit and fitness
except that no member of either of said departments shall be eligible
to promotion until he shall have served one year in such department
and in subsequent promotions he must have held the rank from vahioh
he was promoted at least one year. Promotion sha.11 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 promoted by the Chiefs
of the Fire and Police Departments, respectively, from the names
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of all per°sons on the appropriate certified employment or promotion-
al list furnished by the Personnel Officer in accordance with Section
11 of this ordinance. In the event of a vacancy in the positions of
either the chief of the Fire Department or of the Police Department,
the City Council shall fill said vacancy from the members of those
departments, respectively, and shall have the power to appoint such
successor without regard to how long said member has served in said
department or the position or rank that he is holding at the date of
his appointment.
SECTION 10. APPOINTMENTS ANA PROMOTIONS OF EMPLOYEES IN
OTHER~DEPARTMENTS, Appointments. to vacant positions in the competi-
tive service other than in the Police and Fire Departments shall be
made in accordance with the personnel rules. Appointments and pro-
motions shall be based on merit and fitness to be ascertained so far
as practicable by competitive test: 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 testy personal inteview, perfor-
mance tests, evaluation of daily work performance, work sampler,
or any combination of these, which will, in the opinion of the Per-
sonnel Officer, test fairly the qualifications of candidates. Appoint-
ments shall be made by the Council., or by the officer in whom the
power to make appointments is vested by law.
SECTION 11. PROVISIONS APPLYTNG GENERALLY TO ALL POSITIONS
IN THE COMPETITIVE .SERVICE INCLiTDING FIRE AND POLICE PERSONNEL, When
appointment is to be made to a vacancy in the c^ampetitive service,
the Personnel Officer shall transmit to the appointing power the
names of all persons on the appropriate certified employment or pro-
motional list, in the order in which they appear on the list. In
filling vacancies in positions which are required by this ordinance
to be filled by promotion, the appointing authority shall appoint
a person appearing among the first three en the eligible list.
In the absence of appropriate employment lists, a temporary
appointment may be made by the appointing authority of a person
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meeting the minimum-training and experience qualifications for the
positiono An employment 11st shall be established within-six months
for any permanent position filled by temporary appointment, The
Council may, by afour-fifths vote, extend the period far any tempor-
ary appointment to a temporary position for not more than thirty days.
When a position is to be filled by temporary appointment,
or a temporary appointment is to be extended, the Council shall
direst the City Clerk to record-such action in the minutes of the
meeting of the Council.
No oredit shall be allowed in meeting any qualification
or in the giving of any test or the establishment of any employment
or promotional lists, for service rendered under a temporary appoint-
ment,
During the period of suspension of any employee, or pending.
final action on proceedings to review suspension, demotion, or dis-
missal of any employee, the vacancy may be filled by the appointing
authority only be temporary appointment.
SECTION 12. -VETERANSP PREFTaREAiCE. In certification for
appointment, in appointments, in reinstatement, in re-employment,
and in retention in the classified service, preference shall be given
to those ex-service men and women who have served on aotive duty
during a war a.s defined in Section 45083 of the Government Code, in
any bra.neh of the armed forees of the United States and who have
been separated therefrom under honorable conditions, and in all ex-
aminations to determine the qua.l.ifications of applicants for entrance
into the classified service, a minimum of five (5) points shall be
added to the earned ratings of said ex-service men and women, provided
any such person shall have first received an earned passing grade.
SECTION 13~ PROBATIONARY PERIOD, All regular appointments
including promotional appointments shall be for a probationary period
of six months, except that as to any class of position the rules may
provide for an extension of the period for not more than an addition-
al six months. During the probationary period, the employee may be
rejected at any time without right: .of appeal or hearing.
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An employee r~;jected during the probationary period from
a position-io which he has been promoted stsall be reinstated to the
position from which he was promoted, unless he is dismissed from
the city service as provided in this ordinance and the rules,
An employee in the oompetitive service promoted or trans-'
(erred to a position not included in the competitive service shall
be reinstated to the position from which he was promoted or trans-
ferred if, within six months after such proaa,e~tion or transfer, action
is taken to reject or dismiss him, unless he is discharged in the
manner provided in this ordinance and the personnel rules for posi-
tions in the competitive service.
SECTION 1sF. 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 posi-
tion, or in some other position in the competitive service, for a
period equal to the probationary period prescribed in the rules
fpr Psis class, shall assume regular status in the competitive service
in the position held on such effective date without qualifying test,
and shall thereafter be subject 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 probation r;sriod shall be com-
puted from the date-of appointment or -employment.
SECTION 15. APPOINTMENTS SUBJECT TO ORDINANCE, The Council
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 paver, subject to
the provisions of this ordinance and the personnel rules.
SECTION 16. SUSPENSION. The Chiefs of the Fire and Police
Departments respectively, shall have authority to suspend any members
of his respective department for a period of three days without pay,
for violation of any rules or regulation of their respective depart-
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menus or for any other good cause, The City Council shall have
ex~lu.sive authority over disciplinary suspension of employees,
including those in the Firs= and Police Departments, in all other
respects, and any person k~olding a position or employment in 'the
competitive service shall be subject to disciplinary suspension
without pay by the Gouncil and without right of appeal, but such
suspension shall not exceed a total of thirty calendar days in
any fiscal year, A department head, except the Chiefs of the Fire
and Police Departments respectively, not having power of appoint-
went may make disciplinary suspensions in accordance with the rules.
SECTlON_17. FILING OF CHARGES, Any permanent employee
in the competitive service who has been demoted, dismissed, or re-
duced in pay, shall be entitled to request a written statement of
the reasons,flor such action. Such a request must be made within
three working days following the action and the power who demoted,
dismissed, or reduced the pay of said employee shall within ten (10)
days following said written request of said employee, file a written
statement of the reasons for such s.ction and serve a copy thereof
by registered mail, addressed to said employee at the address shown
on his personnel record. The employee shall have ten (10)days from
the date of the Service of said statement upon him within which to
answer the charges in writing. In the event the employee requests
the statement and prepares his written answer, copies of both shall
be filed with the Personnel Officer, who shall transmit them to the
Personnel Board. Within ten days (10) from the date of filing his
answer to the written charges, he may file a written demand with the
Personnel Officer requesting a hearing before the Personnel Board.
The Personnel Board shall then investigate the case and conduct a
hearing as provided in this ordinance and by the rules.
The provisions of this section shall net apply to reductions
in pay which a.re a part of a general plan to reduce salaries and wages.
SEOTION 18. RIGHT OF APPEAL, Any employee in the competitive
service shall. have the right to appeal to the Personnel Board relative
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to any diseiplinarg action, dismil, deanotion, or alleged violation
of this ordinance or the-personnel rules, except in instances where.
the right of appeal is prohibited by ttzis ordinanceo `T'hereupon, the
Board shall make such investigation as it may deem necessary and
wit:~iin twenty days after the request for hearing *rras filed, the Board
shall hold a hearing. Hearings may be infox°mally conducted and 'the
^ules of evidence need not apply, At any ouch hearing the employee
sk'aal be entitled to be represented by oounsel.,
`Within ten days after concluding the Hearings, the Personnel
Board shall make its findings and render its decision and said find-
ings and decision shall be entered in its minutes. Said decision
of the Personnel Board shall be finale
SECTION 19. ABOLITION 0:~ FOSITION. Whenever in the dis-
cretion of afour-fifths majority of the Council it has become neces-
sary, in the interest of economy or because the necessity for the
position or employment involved ne longer exists, to abolish a cer-
tain position or employment in the competitive service and lay off,
demote, or transfer the employee holding such position or employment,
it may take the necessary action without filing written charges and
without the•right of appeal. If within two years an appointment is
to be made to any position or employment in any existing or new class
having the same or substantially similar qualifications and duties
as the position abolished, the employee laid off, demoted, or trans-
ferred shall have the right to such appointment, unless he shall
file a waiver in writing with the Personnel Officer; or, if laid
off, he shall fail to report to the Personnel Officer within twenty
working days after notice is mailed to his last known address.
SECTION 20. INlPROPEH POLITICAL ACTIVITY, Any person hold-
ing an office or employment in the competitive service shall not:
(a) Seek or accept election, nomination, or appointment
as an officer of a political club or organization<
(b) Take an active part in a county or municipal political
campaign.
(c) Serve as a member of a committee of such club,
organization or circle,
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(d) Seek signatures to any petition provided for b~-any law.
(e) Act as a worker at the polls or distribute badges;
pamphlets, dodgers, or handbills of any kind favoring
®r opp®sing any candidate for election or norriination
to a counter .or_ city office.
SECTION 21. ACTIVITIES NOT Ap'FECTED, This ordinance does
not prevert any officer or employee from
(a) Becoming or a;ontinuing to be a member of a political
club or organization.
(b) Attendance at a political meeting.
(c) Enjoying entire freedom from all interferenoes in
casting his vote.
(d) Seeking or aocepting election or appointment to
public office while on leave of absence.
(e) Seeking signatures to any in~.tiative or referendum
petition directly affecting his rates of pay, hours
of work, retirement, civil service, or other working
conditionsn
(f) Distributing badges, pamphlets, dodgers, or handbills
or other participation in any campaign in conneotion
with such petition, if the activity is not carried
on during hours o.f work, or when he is dr?ssed in
the uniform required in any department of the city
government.
The violation of any provision of Sections 20, 21, or 22 is
ground for discharge of any officer or employee.
SECTION 22. DISCRIMINATION. No person in the competitive
service, or seeking admission thereto, shall be employed, promoted,
demoted or discharged., or in any way favored or discriminated agair..st
because of political•opin3.ons or. affiliations or because of race or
religious belief.
SECTION 23. SOLICITATION OE CONTRIBUTIONS. No officer,
agent, clerk, or employee, under the government of the city, and no
candidate for any city office shall, directly or indirectly, solicit
or receive, or be in any manner concerned in soliciting or receiving,
any assessment, subscription, contribution, or political service,
whether voluntary or involuntary, for any political purpose what-
soever, from anyone on the employment lists or holding any position
under the provisions of this ordinance.
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No officer or employee in the ec,mpet3tive service shall,
directly or indirectly; solicit or receive, ar be in any manner con-
cerned in soliciting or receiving, any assessment, subscription or
contribution, whether voluntar=,~ or involuntary, fo-r any purpose
affecting his working conditions, from an;~* person other than an officer
or employee in the competitive service.
SECTION 24. RIGHT TO fPONTRACT FOR SPECIAL SER.VTCE, The
Council may contract with any qualified person or agency for the
per-
farmance of such technical service as may be desired in the establish-
ment of operation of the personnel system. The contract may include
delegation to the person or agency so retained of all or a part ..
of the responsibilities and duties imposed in this ordinance upon
the Personnel Officer, including his duties under subdivision (c)
of Section 4, but shall not include the delegation of powers and
duties vested in the Council or Personnel Board,
SECTION 25. APPROPRIATION OP' FUNDS. The Council shall
appropriate such funds as are necessary to carry out the provisions
of this ordinance,
SECTION 26. PENALTY FOR VIOLATION. Any person, firm, or
corporation violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon a conviction thereof shall
be punishable by a fine of not more than $500,00 or by imprisonment
for a. period of not more than six anonths or by both such fine and
imprisonment.
SECTION 27. SEVERABTLTZ*y, :f:f any section, subsection, sub-
division, sentence, clause and phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance. The People of
the City of Lynwood hereby declare that they would have passed this
ordinance, and each section, subsection, subdivision, sentence, clause
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and phrase thereof, irrespective of the fact that arxy one or more
sections, subsections, subdivi'sinns,•sentences, clauses, or phrases
be declared unconstitutional
SECTION 28. REPEALD Ordinances 229. 530, and 427 and all
ordinances and parts of ordinances in conflict 'herewith are hereby
repealed.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES: ss.
CITY OF LYNWOOD )
I hereby certify that the above and foregoing Ordinance
was submitted to a vote of the qualified electors of the City of
Lynwood, California, pursuant to law, at a General Municipal
Election held in said City upon the 13th day of April, 1954, and.
that said Ordinance was adopted by more ,than a majority of the
qualified electors voting on said ordinance at said election, as
determined by the City Council of said City in canvassing the
votes of said election at its regular meeting held on April 20, 195+.
Dated this 20th day of April, 195.
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TY L R C I -~' D
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