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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. -1- 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. ;ar~ 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, -2- (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. -3- (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 -~- 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 -5- 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. _6_ 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- -7- 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 -8- 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, -y- (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. -10- 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 -11- 4 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. -12- ~' ~, 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. ~. TY L R C I -~' D .l