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HomeMy Public PortalAboutOrd. 0530OF~.DibiADIGE N0. 530 AN ORDINANCE OF THE CITY OF LYtdW00D AI.4ETdDITdG ORDINANCE N0. 229 Or^ SAID CITY, 6dHSCH ORDIN- ANCE IS ENTITLED "AN ORDINATCE OF THE PEOPLE OF THE CITY OF LYDT4VOOD; COUN2'Y OF LOS ANGELES, STATE OF CALTFORNIA, CREATING A CIVIL SERVICE BOARD, PROVIDING FOR THE PJL4NNER AND METHOD OF APPOITdTMENT; PROVIDING FOR THE~PLACING OF 22iE A1E2J%BERS OF THE POLICE DEPARTMENT, AND THE FIRE DEPARTMENT UIQDER CIVIL SERVICE." The People of the City of Lynwood do hereby ordain as follows: SECTION 1: Section 1 of Ordinance No. 229 is amended to read as follows: "Section 1: The Civil Service Board shall be ,composed of five (5) qualified electors of the city. From and after the effective date of this ordinance, the Civil Service Board shall be composed of the same persons who then or thereafter constitute the Personnel Board of said city, pursuant to Ordinance No. X27 of said city; and the mem- bers of the Civil Service Board shall serve for the sane terms and hereafter shall be appointed in the same manner and at the same time as members of the Personnel Board. °The Civil Service Board shall be a separate board, pursuant to this ordinance, with the authority and subject to the limitations prescribed in this ordinance, but it is the intent hereof to have said board composed of the same persons as from time to time constitute the Personnel Board of said city under said Ordinance No. X27." SECTION 2: Section 2 of Ordinance No. 229 is amended to read as follows: "Section 2: The Secretary of the Personnel Board and the Personnel Officer of the Personnel Board shall be, respectively, the Secretary of the Civil Service Board and Personnel Officer pursuant to this ordinance, and shall, respectively, perform ssich duties as the Civil Service Board shall Prom time to time reeuire hereunder." -1- SECTION 3: Section 3 of Ordinance No 229 is amended to read as follows: nSection 3: The Civil Service Board shall formulate rules and regulations 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 Department and the Police Department shall be eligible for promotion until he shall have served one (1) year in such department and that in subse- quent promotions, the member must have held the rank from vahich 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 promoted by the Chief of the Fire Department and the Police Department whenever a list of eligibles shall be furnished by the Civil Service Board, Prom the three (3) highest standing candidates on the list; provided that in specific cases or by rules and regulations, the Civil Service Board may furnish an eligible list of qualified candidates less than three (3) in number. Acting appointments may also be made to any position in the classified service for a period of not to exceed one (1) year. Nothing herein contained shall be construed to affect Section 17 or Section 12 of Ordinance No. 229; and the City Council shall have the power to appoint a Chief of the Police Department from among the members of the Police Department of thatever rank and without Civil Service promotional exam- ination; and the City Council shall have the power to appoint a Chief of the Fire Department Prom among the members of the Fire Department of whatever rank and without Civil Service promotional examination. !'The cost of conducting examinations and other duties of the Civil Service Board shall be a cliarge against the general fund of the city. These costa shall be certified by the Civil Service Board and -2- t~;hen eo certified shall be paid by the City Council in the same manner as other charges against the City." SECTIODI 4: Section ~ of Ordinance No. 229 is amended to read_as follows: °Section 4: It shall be the duty of the Civil Service Board to hold examinationa~and to administer other suitable tests to those desiring positions or v.ho are applicants for or who may have been re- commended for promotion in the classified service of the Fire Depart- ment and the Police Department, for the purpose of determining their Pitness 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 one (1) year without being appointed or promoted shall be dropped from said eligible list and shall not be eligible for appointment.or promotion without reexamination." SECTIOIQ 5: Said Ordinan oe Pto. 229 is amended by adding a new section to be deai~nated Section 4a and to read as follows: pSection 4a: The City Council may contract with any compe- tent agency for the performance by such agency of technical services in connection with examinations for the selection and promotion of mem- bers of the Fire Department and Police Department. Said contract may include the delegation to such an agency responsibility for the per- formance of providing examinations for the selection of a list of eli- gibles for appointment to the Fire Department or the Police Department or for promotion within said departments. The Civil Service Board shall not be required to utilize the services of any such agency but may con- duct its own examinations and administer its ot~m testa as provided in Seotion 4- of Ordinance No. 229.° SECTIODI 6: Said Ordinance No. 229 is amended by adding a new section to be designated Section ~b and to read as follooas: 'Section 4b: In certification for appointment, in appoint- -3- ments, in reinstatement, in reemployment, and in retention in the classified service of the Police Department or the Fire Department of the City of Lynwood, permanent or temporary, preference shall be given to: "1. Those ex-servicemen and women kmo have served on active duty in any branch of the armed forces of the United States and who have been separated therefrom under honorable conditions and who have established the present existence of a service-connected disability or who are receiving compensation, disability retirement benefits or pen- sions by reason of public laws administered by the United States Vet- erans~ Administration, the War Department, or,the Ptavy Department; "2. The wives of such service-connected disabled ex-aervice- men, s~*hen such ex-servicemen have themselves been unable to qualify for any civil service appointment. "3, The unmarried widows of deceased ex-servicemen who served on active duty in any branch of the armed forces of the United States during any war or in any campaign or expedition, (for which a campaign badge has been authorized) and who were aeAarated therefrom under hon- orable conditions; ands "4~. Those ex-servicemen and women k~o have served on active duty in any branch of the armed forces of the United States during any war or in any campaign or expedition (for which a, campaign badge has been authorized) and have been separated therefrom under honorable conditions; "Yn all examinations to determine the qualifications of ap- plicanta for entrance into the classified service of either the Fire Department or the Police Department, ter, (ld) points shall be added to the earned ratings of those persona included under Section 4~b hereof, 1, 2, 3 hereof, and five (5) points shall be added to the earned ratings of those persons included under Section fib, 4 hereof, provided any such person included under Section 4b 1, 2, 3, and 4 hereof shall have first received an earned passing grade.° _!;._ SECTION Section 7 of Ordinance No 229 is amended to read as follows: "Section 7; Appointments to employment or promotions of rank shall not be complete until a period of probation of six (6) months has elapsed: Successive temporary appointments shall not be allowed. In the event of promotion to higher rank, the appointee may be reduced during his period of probation by the Chief of the Fire Department or the Chief of the Police Department, to the rank in the classified ser- vice of said departments from arhich he eras promoted, 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 either of said depart- ments. Each Chief shall only have power over his ovm department members, Notwithstanding the provisions of Section 6 of Ordinance No. 229, all appointees and. members of either the Fire Department or the Police De- partment who have been or are about to be employed or promoted must, prior to their employment or promotion, take such loyalty oath as the City Council may from time to time require:" SECTIOAt 8: Section 11 of Ordinance No. 229 is amended to read as follows: "qualifications: Every appointee of the :F ire Department at the time of appointment shall not be less than twenty-one (21) years of age. Every appointee, however, must possess the physical qualifica- tions 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 aatisfactory_examinations as may be pre- scribed by the Civil~Service Board. Every appointee must be a bona fide resident and elector of the City of Lynwood, County of Loa Angeles, State of California, unless such residence and elector requirement is waived or modified by the Civil Service Board.° SEGTIOAI 9: Section 15 of Ordinance No. 229 is amended to read as follows: "Section 15: Organization of Police Department. There is -5- .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 10: Section 20 of Ordinance No 229 is amended to read ae follows: "Section 20: The Chief of the Fire Department and the Chief of the Police Department shall have authority to suspend any member of his respective department for a period of three (3)•days without pay, for violation of any rule or regulation of their respective departments or for any other good cause. The City Council may, upon the recommenda- tion of the Chief of the Fire Department or the Chief of the Police De- partment, suspend from duty, for cause, for a period. of not•to exceed thirty (30) days without pay, or impose a fine of not to exceed one (1) month's pay upon any member of the Fire Department or the Police Depart- ment. In the event that any member of the Fire Department or the Police Department be charged with any offense which, under the rules of the Fire or Police Department or in the ,judgment of the Chief of either of said departments or in the 3udgment of the City Council ,justifies ex- pulsion of such member from tre service of the City or justifies the imposition of a penalty other than three (3) days or thirty (30) daya~ fine or suspension, as above provided, then and in such case, (among others) proceedings shall be had before the Trial Board in the manner provided in~Section 21 of Ordinance No. 229.° SECTION 11: Section 21 of Ordinance No. 229 is amended to read as follov~.*s: "Section 21: Trial Board. There. is hereby created a Trial Board which shall be composed of all the members of the Civil ,Service Board. The Trial Board shall have the po~ti*er to hear and determine any and ali charges made against any officer or employee of the Fire Department or Police Department; including the chiefs of said, depart- -6- menta. Any trial or hearing before the Trial Board shall be instituted by the filing of a verified complaint and answer as hereinafter provided. "Any member of the Fire Department or the Police Department tirho has been demoted or dismissed or who is charged with an offense which may result in his demotion or dismissal, (except a demotion or dismissal upon failure to satisfactorily complete a probationary period) shall be entitled, upon demand, to receive a verif ied wmitten statement of the reasons for such action within ten (10) days and he shall have ten (10) days' time thereafter within which to file a verified answer in writing. The original complaint and the ans~•rer thereto shall be filed with•the Secretary of the Ci~iL:Service Board, who shall:be Secre- tary of the 7"rial Board. The Civilo.Service Board shall investigate or cauae.to be=investigated the matter set forth in the complaint ,:and the answer .and shall, within thirty (30 )' days after the filing-.of..,the. answer, set the matter down for a hearingat a specified time and`place~: -_ ~•!!In any investigation or',hearing conducted by the~~Trial'Board, it shall'~have the power to examine witnesses under oath and:Compel-their attendance or the production of evidence before it by subpoena issued in thername of the City and attested;by the City Clerk. It~shall be the duty~of the Police Department to.~cause all such subpoenas~to be served: and, refusal of a person to attend or to testify in ,answer=to such subpoenas.ahall subject such person to prosecution in the .same manner set forth by law for failure to appear before the City Council .in re- spoizse to a subpoena issued by the City Council. Each member of the ' Trial Board shall have the power to administer oaths to witnesses. "The decision of a majority of the Trial Board shall be in writing and shall be final. If the accused is found. guilty by a majority, the Trial Board may dismiss him from the service of the City or may in- flict such other punishment upon him as in the ,judgment of the Trial hoard may be adequate, provided, ho4rever, that should an officer or an employee of the Fire Department or Police Department be found guilty of a charge of drunkenness on duty, the Trial Board must dismiss him -7- from the service of the City: If an officer or a member of the Fire Department or the Police Department is convicted of a felony or mal- feasance in office, or is adjudged insane or absent himself from the Gity for more than thirty (30) days vaithout leave, the Trial Board shall, upon recommendation of the~Chief of the_Department declare his position or office vacant and the vacancy shall be filled as provided in Ordin- ante No, 229: "The accused in any such hearing shall be em it"led to be represented by counsel and shall be entitled to subpoenas as above pro- vided. The Trial Board may also adopt reasonable rules and regulations for the conduct of hearings, trials, and punishments pursuant to this ordinane~." SECTIODI 12: Section 25 of Ordinance No. 229 is amended to read as follows: "Section 25: Except in case of emergency (as determined by the Chief of the Police Department) the officers and members of the Police Department shall work eight (8) hours in every twenty-four (24') hours, such eight (8) hours to be designated by the Chief of the Police Department. During any time of emergency they shall iM1*ork as directed by the Chief of the Police Department. The officers and members of the Pollee Department shall be allooaed two (2) days off in every seven (7) consecutive days. In the event officers and employees of the City of Lynwood (other than in the Police Department and Fire Department) are~reauired to work more or less than forty (40) hours in each week, the City Council may provide a similar schedule for officers and members of the Police Department to the end that all officers and employees of the City of Lynwood, insofar as practicable and in .the discretion of the City Council, are subject to the same hours of employment. !'Each member of the Police Department and Fire Department shall be entitled to one working day sick leave, with pay, for each month of his e~ployment, to commence the first month after the comple- tion of any such employee's original six months' probationary period: Earned sick leave is computed on a continuous basis and may be accumu- lated to a maximum of thirty (30) working days. In the event of an ex- -a- tended illness of any member of the Fire or Police Department of long tenure (as determined by the Civil Service Board) the Civil Service Board may, upon application of any such member, extend sick leave be- yon~drthe maximum thirty (30) working~~day accumulation allowed. In such cases, the Civil Service Board shall only act after a complete review, of such member's personnel records and shall note in any order granting extension of sick leave with pay beyond the thirty:(30) day maximums the reason for such extension and~the duration of such exten- aion. ~ - ~ - 'Any and all sick leave must have been actually taken and must have been certified to in writing by a o_ualified physician; if of more than three (3) working days' duration. "As to all persons who are: members. of the Police or Fire De- partments on Tday 1, 1950, and who at«said time are not serging-their original probationary period, accumulated sick leave hereunder shall be computed Prom the time of their original permanent employment. "Members of the Fire and Police Departments who, on May 1, 1950, are on their original probationary period, shall begin to•accumu- late earned sick leave following the completion of said original pro- bationary period in the manner hereinbefore set forth. "If, in the future, additional sick leave privileges-s or~ad- ditional privileges in lieu of sick'~leave, are extended to employees of the city other than members of the Police Department or Fire Department, the City Council may grant similar privileges to members of the Police Department and Fire Department, to the end that so far as practicable, the same regulations, shall govern all city employees, "The Civil Service Board shall formulate rules and regulations for adjusting the sick leave herein provided for the members of the Fire Department to the end that notVaithstanding the platoon system now pre- vailing in said Fire Department, sick leave for members of the Fire De- partment shall not entitle them to more actual time off for sick leave with pay than is allowed to members of the Police Department, it being the intent of this ordinance that members of the Fire Department and Police Department shall en3oy the same sick leave privileges as may from time to time prevail." <. STATE OF CALIFORNIA ) COUNTY 0: LOS AidGELE5: ss, CITY OF LYNV700D ) 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 11th day of April, n 19 and that said Ordina.rce was adopted by more than a majority of the qualified electors ~*otirg 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 18, 1950. Dated this 18th day of April, 1950. Q~"~F~r~ CIc~`'- TY CLE SAL Cs~~LYi~tSrI00D