HomeMy Public PortalAboutOrd. 0671ORDINANCE NOa '671
AIQ ORDINANCE OF THE CITY OF LYNW00D REPEALING
ORDINANCE N0. 609 AND ESTABLISHING .A PERSONNEL
SYSTEM TO INL'LUDE ALL EMPLOYEES OF THE CITY OF
LYNWOOD EXCEPT THOSE SPECIFIED.
The people of the City of Lynwood do hereby ordain as
follows:
SECTION 1: ADOPTION OF A UNIFORM PERSONNEL SYSTEM In order
to establish an equitable and uniform procedure for dealing with
personnel matters, and to place municipal employment on a basis of
merit so that the best qualified personnel available will be brought
into the service of the City, the following personnel system for the
City of Lynwood is hereby adoptedo
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 official rneetings and hearings of the Personnel
Board and serve as its secretary.
(b) Adm3.nister all the provisions of this ordinance and
of the personnel rules in acccrd-ance with the policies and directives
established by the Personnel Board,
(c) Under the direction of the City Council prepare the
following, all of which become effective after approval by the City
Council:
1. A position classification plan, together with any
revisions thereto,
2. A plan of compensation, together with any revisions
thereof, covering all positions in the classified
service.
3. Personnel Rules and Regulations subject to this ordinance
and approval of the Personnel Board, together with
amendments and revisions thereof. Such rules, amend-
ments and revisions shall have prior approval as to
legality by the City Attorney before adoption by
resolution of the City Councilo The resolution of the
City Council approving or amending the Personnel Rules
and Regulations shall have a first reading at a council
meeting and shall not be finally adopted until the next
regular council meeting or a subsequent regular council
meeting, Personnel Rules and Regulations shall
prescribe specific procedures and regulations governing
the following phases of the personnel system:
a. Public announcement of all tests and the acceptance
of applications for employmento
b. Preparation and conduct of tests and the establish-
ment and use of resulting employment lists con-
taining names of persons eligible for employment,
c. Certification and appointment of persons from
employment lists, and the making of temporary
and emergency appointments.
d. Transfer, promotion, demotion, and .reinstatement
of employees in the classified service.
e. Separation of employees from the city service
through lay-off, suspension, and dismissal.
f. Standardization of work hours, attendance and
leave regulations, and working conditions.
g. Conditions under which said employees or
assoc9_ations or groups of said employees may
solicit funds or sell tickets for any purpose,
including benefit shows or other entertainment.
h, Conditions under which funds may be solicited
for political purposes, the development of
employee morale, welfare and training,
i. Suitable provisions for orderly and equitable
presentations to the Board at informal hearings
by employees relating to general conditions of
employment,examinations, and any other such
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personnel matter
J• Such other matters as may be necessary or proper
in carrying out the intent and purposes of this
ordinance,
SECTION 3, PERSONNEL BOARDo There is hereby created a
Personnel Board to consist of five members, to be appointed by the
City Council,
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, 1959, one shall serve for a term which shall
expire May 15, 1860, one shall serve for a term which shall expire
May 15, 1961, and two shall serve for a term which shall expire
May 15, 1962. At the expiration of each of the terms so
a successor shall be a ~, Provided for,
ppointed by one Council for a term of four years,
Annually, on or before Isay 15th, 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, Eaeh 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 (4~5) vote shall be necessary to remove any member of the
Personnel 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
maintain residence in the City of Lynwood duri
ment, ng the term of appo.int_
No ,person shall be appointed to the Board who holds any salaried
Public office or employment, nor shall ar.
be eli Y member, while on the Board,
Bible 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 ofbusiness 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 businesso
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The functions of the Board shall be:
(a) As provided by this ordinance and by the rules, to
hear appeals submitted by any person in the classified service relative
to any appealable disciplinary action, dismissal, demotion, or alleged
violation of this ordinance or the personnel rules, except in those
instances where the right of appeal is prohibited by this ordinance, and
to certify its findings and recommendations as provided in this
ordinance, The Personnel Board may promulgate rules governing pre-trial
conferences and the time, manner and nature thereof, in personnel
hearings.
(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 Personnel Officer 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 classified service; to receive applications therefor; to conduct
and grade tests, to certify to the appointing power a list of all
persons eligible for appointment to the appropriate positions in the
classified 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) To make reconunendations to the Council for additions
or changes to the Personnel Bules.
(e) ~Tnen requested by the Council, the Personnel Board
shall hold hearings and make recommendations on any matter of personnel
administration within the limits of the request of the Council.
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SECTION 5. CLASSIFIED SERVICE. The provisions of this
ordinance shall apply to all offices, positions, and emplo;,mlent in the
service of the City except:
(a) Elective officeso
(b) Positions on appointive boards, commissions, and
conunittees.
(c) Persons employed under contract to supply expert
professional or technical services for a definite period of timed
(d) Volunteer personnel, such as vo7.unteer f'i.remen who
receive no regular compensation from the City.
(e) City Attos°ney and City Manager.
(f) Part-time crossing guards, per diem, hourly, and
seasonal employees, reserve firemen and reserve policemen.
SECTION 6. EXAMINATIONS.
(a) Conduct of: Appointments and promotions shall be based
on merit and fitness to be ascerta9.ned insofar as practicable by
competitive tests. 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,
other written tests, personal interview, performance tests, evaluation
of training and experience, work samples, or any combination of these
vrhich will, in the opinion of the Personnel Officer, fairly test the
qualifications of candidates.
Examinations for all department heads shall be promotional
unless the City Council determines by a four-fifths (4/5) vote of its
members that such examinations shall be open. When an examination
is declared open any .classified employee of the City of Lynwood shall
have five additional points added to his final score as credit for
service while in the employ of said City provided such classified
employee shall have first received an earned passing grade. Examina-
tions for line positions in the Police and Fire Departments and
field positions in the Street, Park, and Water Aepartments between
the entrance level and department head level shall be promotional
only with appointment limited to the top three (3) on the eligible
list. No classified employee shall be eligible for promotion to
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another rank or grade until he shall have held his present rank or
grade for a minimum period of one year. The rules may also designate
in each promotional examination the rank or grade eligible to take
such examination. All other exarnination.s, except those above specified,
shall be open unless it is determined by the Personnel Board that
such examinations will be promotional.
(b) Veterans' Credits: Any honorably discharged ex-service
man or woman who has served on active duty during a tear, as defined
in Section 45083 of the Government Code, and~or any campaign or
expedition for which..a campaign badge has been authorized, in any
branch of the armed forces of the United States, or a veteran's widow,
or a disabled veteran's taife, shall have points added to his earned
examination rating provided such person shall have first received an
earned passing grade. Points will be allowed only in examinations
for a position in the lowest grade in any class, as below set forth:
Five (5) points for any veteran vaho has served
on active duty a minimum of ninety (p0) days
and has participated in a war or campaign as
above defined.
Ten (10) points for any veteran who has established
the existence of a service connected disability.
Five (5) points for a veteran's widow or disabled
veterans wife, both as defined in the rules.
SECTION 7. ELIGIBLE LISTS,. ..CERTIFICATION, AND AFFOINTMENT,
(a) Eligible Lists: Eligible lists for any position shall
be, in the order of their priority,
1. Re-employment lists
2. Promotional lists
3. Original appointment lists.
Re-employment lists for any position shall consist of the
names of permanent employees who have been laid off for lack of work
or lack offunds. Re-employment shall be in reverse order of lay-off,
(last one laid off shall be first to be called, etc.). Promotional
and original appointment lists shall be created as a result of exam-
ination as provided in this ordinance and in the rules.
The names of probationary employees who were laid off for
lack of work or lack of funds shall be restored in reverse order of
lay-off to the same eligible list from which the original appointment
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cvas n.ade.
The classified service employee who resigned in good standing
may apply within one (1) year after resignation for reinstatement to
the current eligible list for the same classification from which his
original appointment was made. If reinstatement is recommended by
the appointing authority, the Board may order the name of the employee
restored to the appropriate eligible list.
(b) Certification: When an appointment is to be made to
a vacancy, the Personnel Officer shall submit to the appointing authority
the names of all qualified persons on the appropriate list or combina-
tion of lists in the order of their priority. The entire re-employment
list shall be used first, if such list exists.
(c) Appointing Authority: The appointing authority shall
be the City Manager acting jointly with the City Council in the case
of department heads. The appointing authority in the case of positions
belova the department head level shall be the department heads, acting
jointly with the City Manager.
(d) Appointments: The appointing authority shall make
appointments to authorized positions in accordance with the provisions
of this ordinance. The appointing authority shall notify the Personnel
Officer of each appointment.
The two types of appointments which shall be made in the
classified service are probationary and permanent. Appointments made
outside the classified service shall be set forth in the rules.
Temporary appointments may be made when no eligible list
exists as provided by the rules,
Probationary Appointments: Employees appointed from
original appointment eligible lists or from promotional eligible lists
shall be appointed for a per5.od of probation. The period of probation
shall be at least six (6) months but may be extended to one (1) year,
as provided in the rules, The vaork and conduct of probationary
employees will be subject to close scrutiny and evaluation by the
appointing authority. The appointing autYior9.ty may dismiss the
probationary employee at any time, with or without cause, during the
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probationary period. Such dismissal shall not be subject to review or
appeal. If he is not thus discharged during the period of probation,
his appointment shall be deemed complete. An employee dismissed from
a probationary appointment who, immediately pr=ior to receiving such
appointment, held appointment to another position in the classified
service, shall be returned to the previously held position, unless
dismissed for cause.
SECTION 8. STATUS OF PRESEDIT ENIPLOYTES: Any person holding
a position included in the classified service who, on the effective
date of this ordinance, shall have served continuously in such position,
or in some other gosition in the classified service, for a period
equal to the probationary period prescribed in the rules for his class,
shall assume regular status in the classified service in the position
held on such effective date vaithout qualifying test, and shall there-
after be subject in all respects to the provisions of this ordinance
and the personnel rules.
Any other persons holding positions in the classified
service shall be regarded as probationers who are serving out the
balance of their probationary periods as prescribed in the rules
before obta9.ning regular status. The probation period. shall be computed
from the date of appointment or employment.
SECTION g. DISCIPLINARY ACTIONS:
(a) Cause for Disciplinary Actions: Persons in whom is
vested appointing authority shall have the right of removal, d.ernotion,
and suspension of employees, subject only to the employee's right
of appeal as herein provided.
All persons holding positions in the classified service shall
be subject to susgensi.on without pay, demotion, reduction in compensa-
tion, or dismissal from office or employment, for misconduct, Insubordina-
tion, incompetency, inefficiency, failure to perform duties, falsifying
an oath, or failure to observe the rules of the department or the Board,
or for other ,just cause.
(b) Statement of Reasons: The appointing authority who
suspends without pay, demotes, or reduces in compensation or removes
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from office or employment any employee, must within five (5) days
after taking such action, file a varitten statement of h5_s reasons
therefor with the Board and the City Managers A copy of such statement
shall also be made available to the employee affected. The provisions
of this section shall not apply to reductions in pay which are a part
of a general plan to reduce salaries and wages,
SECTION 10. RIGHT OF APPEAL. Any employee in the classified
service shall have the right to appeal to the Personnel Board relative
to any disciplinary action, demotion, reduction in compensation,
suspension, or dismissal from office or employment except in those
instances where right of appeal is prohibited _n this ordinanceo
(a) The procedure for filing and perfecting an appeal shall
be prescribed in the rules and after an appeal has been filed and
perfected as so prescribed, the Board shall ;make such investigation
as it may deem necessary within the time prescribed by the rules.
Within thirty (30) days after the request for hearing was filed, the
Board shall hold a hearing and take such action as it deems appropriate.
If the action taken aga:i_nst an employee is reversed or modified by
the Board, the employee may be compensated for all or part of the time
lost as determined by the Board. Hearings shall be informally con-
ducted and the rules of evidence need not apply.
Within ten (10} days after concluding the hearing, the
Personnel Board shall make its findings and render its decision, and
said findings and decision shall be entered in the minutes of the
Personnel Board. The decision of the Board shall be final.
Extensions on hearing dates may be granted by the Board
with such limitations as are stipulated in the rules and regulations,
SECTION 11. ABOLITION OF POSITION: Whenever in the
discretion of a four-fifths (4~5) majority of the Council it has
become necessary, in the interest of economy or because the necessity
for the position or employment involved no longer dxists, to abolish
a certain position or emplo;,~ment in the classified service and lay off,
demote, or transfer the employee holding such position or employment,
it may take the necessary action without filing statement of reasons
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and m*ithout 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
transferred shall have the right to such appointment, unless he shall
file a waiver in writing vaith the Personnel Officer; or, if laid off,
he shall fail to report to the Personnel Officer ti^rithin twenty working
days after notice is mailed via registered mail to his last known
place of residence. Such former employee shall have the right of appeal
if not accepted for reappointment, or if not duly notified.
SECTION 12. IMPROPER POLITICAL ACTIV"1TY. Any person holding
an office or employment in the classified service shall not:
(a) Seek or accept election, nomination, or appointment as
an officet'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, organiza-
tion or circle.
(d) Seek signatures to any petition provided for by any law.
(e) Act as a worker at the polls or distribute badges,'
pamphlets, dodgers, or handbills of any kind favoring or opposing any
candidate for election or nomination to a county or city office.
SECTION 13 ACTIVITIES NOT AFFECTED. This ordinance does
rot prevent any officer o.r employee from:
(a) Becoming or continuing to be a member oP a political
club or organizationo
(b) Attendance at a political meetingo
(c) Enjoying entire freedom from all interferences in
casting his vote.
(d) Seeking or accepting election or appointment to public
office while on leave of absence,
(e) Seeking signatures to any initiative or referendum
petition directly affecting his .rates of pay, hours of work, retirement,
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civil service, or other working conditions,
(f) Distributing badges, pamphlets, dodgers, or handbills
or other part3.cipatinn in any campaign in connection vaith such petition,
if the activity 9.s not carried on during hours of work, or when he
is dressed in the uniform required in any department of the city
government.
SECTION 14, DISCRIMINATION: No person in the classified
service, or seeking admission thereto, shall be employed, promoted,
demoted or discharged, or in any way favored or discriminated against
because of political opinions or affiliations or because of race or
religious belief.
The violation of any provision of Sections 12, 13, 14, and
15 is grounds for discharge of any officer or employee.
SECTION 15. SOLICITATION OF CONTRIBUTIONS. No officer,
agent, cleric, or employee, under the government of the city, and no
candidate for any city office shall, directly o.r indirectly, sols.cit
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 whatsoever,
from anyone on the employment lists or holding any position under the
provisions of this ordinance,
No officer or. employee i.n the classified service shall,
directly or indirectly, solicit or receive, or be in any manner
concerned in soliciting or receiving, any assessment, subscription or
contribution, whether voluntary or involuntary, for any purpose
affecting his working conditions, from any person other than an officer
or employee in the classified service.
SECTION 16e RIGHT TO CORTTRACT FOR SPECIAL SERVICE: The
Personnel Board may request the City Council to contract with any
qualified person or agency for the performance of such technical
services as may be desired in the establishment or 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 on the Personnel Officer, including Yiis duties under
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subdivision (c) of Section 4.
The contract may also include delegation to the person or
agency so retained, of the powers and duties vested in the Personnel
Board as set forth under subdivisions (a) and (b) of Section 4,
SECTION 17. APPROPRIATION OF FUNDS. The Council shall
appropriate such funds as are necessary to carry out the provisions
of this ordinance.
SECTION 18. PENALTX FOR VIOLATION, Any person, firm or
corporation violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be punishable by a fine of not more than $500.00 or by imprisonr,~ent
for a period of not moz'e than six months or by both such fine and.
imprisonment.
SECTION 19. SEVERABILITY, If any section, subsection,
subdivision, sentence, clause and phrase of this ordinance is for any
reason held to be unconstituta.onal, 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
and phrase thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, or phrases
be declared unconstitutional.
SECTION 20. REPEAL. Ordinance No, 609 and all ordinances
and parts of ordinances in conflict herewith are hereby repealed.
STATE OF CALIFORNIA )
CGUNTY 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., Cal iforni_a, pursuant to law, at a General Municipal
Election held in said. city upon the 8th day of April, 1g58, 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 canvassia~g the
votes of said. election at its regular meeting held. on April 3.5, 1958.
Dated. this 16th day of