Loading...
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 -2- 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 -3- 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. -4- 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 -5- 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 -6- . ~ w~ ,-~..~ ~~_,~.~.~ ,..~,~,~ v.~x.r,.n.~~.,,...~.. 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 -7- ,..., ,.h.~„_....,,,~..~ , ..~...,. , , s~. ~,.~. 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 -8- 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 -9- 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, -10- .~-.. _..._..._... _., _............. ,w_..._,....... ...1.- .,,...... _.~_._.... .,, ..es w. ':r..,... s.as.^~..Fa~W.~.r"/u7.:..Sricn.;K 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 -11- 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