HomeMy WebLinkAboutResolution No. 337111
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RESOLUTION N0. 3371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, LOS ANGELES COUNTY, CALIFORNIA, SUBMITTING
TO THE VOTERS OF SAID CITY AT THE NEXT GENERAL
MUNICIPAL ELECTION TO BE HELD ON APRIL it 1956,
NINE PROPOSITIONS PURPORTING TO AMEND CERTAIN
SECTIONS AND PARTS OF INITIATIVE CIVIL SERVICE
ORDINANCE OF THE CITY OF AZUSA ADOPTED APRIL 18,
1950.
WHEREAS,', the "Civil Service Study Committee" consisting of
two members of the City Council, two members of the Civil Service
Commission and two members of the City Employees Association,
have recommended that certain provisions of Initiative Ordinance
establishing a Civil Service System in the City of Azusa,
California, and which was approved by the voters of said City at
the General Municipal Election held April 11, 1950, and was there-
after on the 18th day of April, 1950, duly declared as passed
and adopted by the City Council of the City of Azusa, as the same
has been amended, be amended as in this Resolution set forth:
THEREFORE, the City Council of the City of Azusa does
resolve as follows:
That the following propositions to amend certain sections
of said Initiative Civil Service Ordinance be submitted to the
voters of the City of Azusa at the next General Municipal
Election to be held in said City on the lOthday of April, 1956,
for their adoption or rejection:
PROPOSITION 1. Shall that part of Section 2 of said Initiat-
ive Civil Service Ordinance of the City of Azusa, as amended,
and which now reads as follows, to wit:
"The members of the Personnel Board shall be residents
of the City of Azusa for a continuous period of at
least one year immediately preceding appointment to said
Board, shall be qualified electors of said City and shall
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1 serve without compensation. No person shall be
2 appointed to said Board who holds anysalaried public
3 office or employment nor shall any member, while a
4 member of the Board, or for a period of one year after
5 he has ceased for any reason to be a member,be eligible
6 for appointment to any classified position in the service
7 of the City"
8 be amended to read as follows:
9 "The members of the Personnel Board shall be residents
10 of the City of Azusa for a continuous period of at least
11 one year immediately preceding appointment to said Board,
12 shall be qualified electors of said City and shall serve
13 without compensation. No person shall be eligible to be
14 appointed to said Board who holds any salaried public
15 office or employment in the service of the City of Azusa,
16 nor shall any member, while a member of the Board or for
17 a period of one
year after he has ceased for any reason
18 to be a member, be eligible for appointment to any
19 classified position in the service of the City."
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21 PROPOSITION 2. Shall Section 5 of said Initiative Civil
22 Service Ordinance of the City of Azusa, which now reads as
23 follows, to wit:
24 "SECTION 5. CLASSIFIED SERVICE. The provisions of this
25 Ordinance shall apply to all
pp y appointed officers and
26 employees who are full time employees of the City of
27 Azusa except the City Attorney and City Judge>"
28 be amended to read as follows:
29 "SECTION 5. CLASSIFIED SERVICE. The provisions of this
30 Ordinance shall apply to all
pp y appointed officers and
31 employees who are full time employees of the City of
32 Asusa except the City Attorney or Assistant and
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City Manager (or other chief administrative officer)"
PROPOSITION 3. Shall subsection B of Section 6 of said
Initiative Civil Service Ordinance of the City of Azusa, which
now reads as follows, to wit:
(b) The formulation of minimum standards and qualifications for each class of position,
together with the salary to be attached to each position, provided however, that said stand-
ards and qualifications shall require that any applicants for any of the classes of positron
r shall (1) Be a qualified voter of the State of California in order to be eligible for examin-
ation for said competitive service (2) The minimum age for appointment as policeman or
fireman shall be twenty one (21 ) and the maximum age for such appointment shall be
thirty five (35), provided further, that said maximum age shall not apply to promotional
t examinations or appointments within the respective Departments (3) Provided further that
said minimum standards and qualifications shall not require that all applicants for said
competitive service be residents of the City The Board may from time to time, as the cir-
cumstances in their opinion warrant limit examinations and oppontments to residents of
the City, consideration being given that the most efficient employee is desired
The amended to read as follows:
"In addition to such other matters as may be necessary
and proper to carry out the intent and purposes of
this Ordinance, rules shall be formulated by the
Personnel Board, and shall be adopted by the Board
establishing specific procedures to govern the following
phases of the Personnel program:
(b) The formulation of minimum standards and quali-
fications for each class of positon, together with the
salary to be attached to each position, provided how-
ever, that said standards and qualifications shall re-
quire that any applicants for any of the classes of
position shall: (1) Be a qualified voter of the State
of California in order to be eligible for examination
for said competitive service,tExcept that this restriction
may be lifted when, in the opinion of the Personnel Board
and the City Council, it would operate to the detriment
of the City in recruiting adequate personnel '(2) The
minimum age for appointment as policeman or fireman shall
be twenty one (21) and the maximum age for such appoint-
ment shall be thirty five (35), provided further, that said
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maximum age shall not apply to promotional exam-
inations or appointments within the respective De-
partments (3) Provided further that said minimum
standards and qualifications shall not require that all
applicants for said competitive service be residents of
the City. The Board may from time to time, as the
circumstances in their opinion warrant limit exam-
inations and appointments to residents of the City,
consideration being given that the most efficient
employee is desired,"
PROPOSITION 4. Shall Paragraph 1 of Section 7 of said
Initiative Civil Service Ordinance of the City of Azusa, which
now reads as follows, to wit:
"SECTION 7. APPOINTMENTS. Appointments to vacant positions
In the competitive service shall be made in accordance
with the rules established hereunder and from employ-
ment lists resulting from competitive examination, or
by promotion, transfer, demotion or reinstatement.
Appointments shall be made by the Head of a Department
or by the officer in whom the power to make appoint-
ments is vested by law,"
be amended to read as follows:
"SECTION 7, APPOINTMENTS. Appointments to vacant
positions in the competitive service shall be made
(by the City Council or by Department Heads, subject
to the approval of the City Council, in accordance
with the rules established hereunder and from employ-
ment lists resulting from open competitive examination,
promotional examination, transfer, demotion or re-
instatement,"
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PROPOSITION 5. Shall that part of Section 7 embraced in
the third paragraph of said Section of said Initiative Civil
Service Ordinance of the City of Azusa which now reads as follows,
to wit:
"In the absence of appropriate employment lists, a
temporary appointment may be made by the appointing power
of a person meeting the minimum qualifications for the
position, provided, however, that an employment list
shall be established for such position within ninety
days. No person shall be employed by the City under
temporary appointment for a total of more than ninety
days in any fiscal year. In the event of an emergency,
the appointing power may appoint such persons as are
required to meet the situation, but such appointment
shall not exceed fifteen working days."
be amended to read as follows:
"In the absence of appropriate employment lists, a
temporary appointment may be made by the appointing
power of a person meeting the minimum qualifications
for the position, provided, however, that an employ-
ment list shall be established for such position
within ninety days. No person shall be employed by
the City under temporary appointment for a total of
more than ninety working days in any fiscal year. In
the event of an emergency, the appointing power may
appoint such persons as are required to meet the
situation, but such appointment shall not exceed fifteen
working days."
PROPOSITION 6. Shall that part of Section 7 of said
Initiative Civil Service Ordinance of the City of Azusa, being
paragraph 4 of said Section 7, and which now reads as follows:
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"Credit shall be allowed in the giving of any examination
or the establishment of any emnloyment or promotional
lists, for service rendered under a temporary appoint-
ment, provided, however, that time worked under a
temporary appointment shall not count towards the
completion of a probationary period."
be amended to read as follows:
"NO credit shal] be allowed in the giving of any
examination or the establishment of any employment
or promotional lists, for service rendered under
temporary appointment, and time worked under temporary
appointment shall not count towards completion of a
probationary period.11
Shall Section 7 of said Initiative Civil Service Ordinance
of the City of Azusa be further amended by adding thereto a
new paragraph as follows, to wit:
"In the absence of appropriate employement lists
and in the event that a cooperative training program
be established by a Resolution of the City Council,
temporary appointments of qualified students of a
Junior College or other specified educational
institutions may be made pursuant to the rules
established by the Personnel Board, said employment
to be for not anre than six consecutive months, and
the cumulative total employment of any person under
ouch cooperative training program shall not exceed
twenty-four months. No civil service right shall
accrue by virtue of such employment."
PROPOSITION,9. Shall all of Sections No. 10 and 11 of said
Initiative Civil Service Ordinance, which now rea.0 as follows,
to wit:
1 SECTION 10.
2
SECTION 10 POWERS OF THE CITY COUNCIL The City Council and any other
3 officer in whom is vested by law the power to make transfers, promotions, demotions, re-
mstatements, layoffs, and to suspend or dismiss employees, shall retain such power, subject
4 to the provisions of this Ordinance and the rules established hereunder, it being the intent
and spirit of this Ordinance to provide a fair and lust approach to municipal employment in
order that city employees may be selected and promoted on a merit basis, but in no sense
5 to impair the efficiency of the public service
Any person holding a position or employment in the competitive service shall be sub-
ject to suspension without pay by the appointing power and without right of appeal, but
6 such suspension shall not exceed a total of thirty days in any fiscal year
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8 SECTIOK 11,
9xUl1UN i i K1,M0VAL OR SUSPENSION OF 5MPLOYI:t
ployee in the competitive service shall retain his office or employment so long as it exists
under the some or a different title, during good behavior and shall not be suspended, fined,
10 demoted, removed, reduced in compensation as a punishment or otherwise penalized, except s'
a5 in this section provided
1 This section is subject, however, to every provision of the Constitution, and applicable
11 State statutes designating a general ground or general grounds of forfeiture of office or
employment, or imposing a criminal liability No person who shall have served the pro-
botionary period in a permanent office or employment as heremabove provided for shall
12 be removed therefrom or penalized therein except on signed written charges filed with the
Personnel -Board by the appointing officer or by any other person Such written charges
shall be specific as to time, place and circumstances, and he shall be afforded opportunity
13 to be heard in his own defense personally or by counsel Pending such hearing, the Board
and/or the appointing authority may suspend the accused for not more than thirty (30)
14 days, unless the hearing be delayed beyond that time by act of the accused A copy of the
charges and place of hearing shall be given the accused personally or shall be mailed to
him by registered mail at his last known address by the Personnel Clerk not later than ten
15 (10) days before the hearing If he fails to appear thereat without showing good cause
for such failure to appear, he may be dismissed without further proceedings If he appears
at the time and place set, the Personnel Board shall publicly hear the charges Within
16 ten (10) days after concluding said hearing the Personnel Board shall certify its findings to 4
the City Council that the accused was exonerated, reprimanded, fined, suspended rip_
mored or dismissed Such findings shall be final, provided, however, that the provisions of r
17 Section 3, sub -section (c) shall likewise apply to all cases hereunder
The Personnel Board shall hear and act on every signed written complaint, specific �y
18 �r s as to time, place and circumstance, filed against on officer or employee Any penalty herein Li}
provided for may be imposed for incompetence, habitual intemperance, immoral conduct,
insubordination, repeated discourteous treatment of the public, dishonesty, conviction of a
19 felony, inattention to duties, engaging in prohibited political activity, or other ground of
penalty or forfeiture specified by the Constitution
G The provisions of this Section shall not apply to reductions in pay which are part of a
20 general plan to reduce salaries and wages as an economy measure or as part of a general
curtailment program
Nothing herein shall restrict the right to make bonafide reductions in force or to
21 _ enact legislation requiring retirement for disability or age
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24 be deleted and omitted from said Initiative Civil Service
25 Ordinance, and the following Sections to be known as Sections
26 10 and 11, be substituted, and the said substitution to read
27 as follows:
28 "SECTION 10: POWERS OF THE CITY COUNCIL. The City Council
29 shall retain such power as is vested in it by law, subject
30 to the provisions of this Ordinance and the rules and
31 regulations adopted by the Personnel Board and approved
32 by the City Council. It is the intent and spirit of this
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Ordinance to provide a fair and gust approach to
municipal employment in order that City employees may
be selected, appointed, transferred, promoted, demoted,
reinstated, or laid off on a merit basis and/or
removed, dismissed, demoted, suspended, reprimanded
or disciplined only upon signed written chargee
that are filed, heard or determined and a finding
made as provided in this Ordinance, but in no
sense to impair the efficiency of the public service.
Any person, except a head of a department of city
government, in the competitive service shall be subject
to suspension without pay by the City Council not to
exceed ten (10) working days, with right of appea4,
resulting from signed written charges referred by the
City Council to a head of a department of city govern-
ment as provided in Section 11 hereof, whenever such
head of a department of City government so recommends
in writing such disciplinary action.
Further as a means of imposing disciplinary pun-
ishment of infractions of a minor nature the City
Council may direct the Personnel Board to prepare rules
and regulations whereby a head of a department of city
government may suspend an employee under his super-
vision without pay for a period not to exceed five (5)
working days. An employee shall have the right to
appeal under this particular sub -division of this
Section."
"SECTION 11. REMOVAL, DISAISSAL, FINE, DEMOTION,
SUSPENSION, REPRIMAND, OR OTHER WISE PENALIZING -AN OFFICER
OR EMPLOYEE. FILING AND REFERRAL OF SIGNED WRITTEN
CHARGES. HEARINGS AND OR INVESTIGATIONS TO BE CONDUCTED.
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EXONERATION OF CHARGES. CERTIFY FINDINGS. Every officer
and employee in the competitive service shall retain his
office or employment so long as it exists under the same
or a different title during good behavior and shall not be
removed, dismissed, fined, demoted, reprimanded, suspended,
reduced in compensation as a punishment or otherwise
penalized except as Drovlded in Section 10 hereof, and in
this Section. This Section as well as Section 10 hereof
is subject, however, to every provision of the
Consitiution of the United States and of the State of
California and applicable State Statutes designating
a general ground or general grounds of forfeiture of
office or emDloyement, or imposing a criminal liability.
No person who shall have served the Drobationary
period in a permanent office or employment as hereinabove
provided for shall be removed therefrom or penalized in
any manner, except upon signed written charges filed with
the City Council either by head of a department of
city government, or by any other person. Sucli written
charges shall be specific as to time, place and
circumstances,
Upon receipt of such chargee the City Council may
refer the said charges to the Personnel Board for a
hearing as provided for herein, or it may refer such
written charges, except if filed by a head of a depart—
ment of city government, to the head of a department of
city government for an investigation and a recommendation.
The head of a department of city govern..ent shall make
an investiaation of such charges. He may recommend in
writing that disciplinary action be taken under the
Drovisions of Section 10 of this Ordinance, or recommend
that the Personnel Board conduct a hearing. Such accused
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officer or employee shall be afforded any opportunity
to be heard in his own defense personnaly or by counsel.
In event signed written charges are referred to
the Personnel Board for a hearing, the City Council
may, pending such hearing, suspend the accused officer
or employee for not more than thirty (30) days,
unless any hearing be delayed beyond that time by
act of the accused. A copy of the charges and place of
hearing shall be given the accused personally or shall
be mailed to him by registered mail at his last known
address by the Personnel Clerk not later than ten (10)
days before any hearing. Hearings shall be commenced
before the expiration of thirty (30) days from the
date such charges are referred by the City Council
to the Personnel Board.
The provisions of Sections 54950 and 54958
inclusive of the Government Code of California, as
now applicable or may hereafter be amended, shall
apply to the kind of hearings to be held under this
Section or under Section 10 of this Ordinance.
If the accused officer or employee fails to
appear at any hearing without showing good cause
for such failure to appear, he may be reprimanded,
fined, demoted, dismissed, removed, reduced in
compensation, or otherwise penalized without further
proceedings. If he appmrs at the time and place
set for any hearing the Personnel Board shall hear
the charge.
After concluding any hearing the Personnel Board
within ten (10) days shall certify its findings to
the City Council that the accused was exonerated,
reprimanded, fined, demoted, removed, dismissed, reduced
in compensation or otherwise penalized and except for
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bad faith or lack of evidence such findings shall be
final. In such event of bad faith or lack of evidence,
the City Council shall be the final review board to
whom an officer or employee may appeal under this
Section; the City Council's decision shall then be
final."
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PROPOSITION NO. -8-► Shall Section 15 of Initiative Civil
Service Ordinance of the City of Azusa which now reads as
follows, to wit:
"SECTION 15. RIGHT TO CONTRACT FOR SPECIAL SERVICE.
The Council may contract with some competent State or
County agency for the performance by such agency for
such technical service in connection with the establish—
ment of the personnel system or with its operations,
as may be necessary for:
1. The public advertising of all examinations.
2. To provide and maintain eligibility lists for the
various positions in the competitive service.
3. The holding of open, free competitive examinations
and the administering of other suitable tests to
fairly test the relative capacity of the persons
examined to discharge the duties of the position to
which they seek to be appointed."
be amended to read as follows:
"SECTION 15. RIFHT TO CONTRACT FOR SPECIAL SERVICE.
The Council may contract with some competent agency for
the performance by such agency for such technical service
in connection with the establishment of the personnel
system or with its operations, as may be necessary for:
1. The public ad=vertising of all exam nations.
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2. To provide and maintain eligihility lists for the
various positions in the competitive service.
3. The holding of open, free competitive examinations
and the administering of other suitable tests to
fairly test the relative capacity of the persons
examined to discharge the duties of the position to
which they seek to be apnointed.n
BE IT FURTHER RESOLVED, that this Resolution containing the
propositions to be voted upon at the next General Municipal
Election in the City of Azusa be placed on the ballot for said
election and the City Clerk is hereby direc5ed to cause the abnvP
measures and propositions to be printed and nublinhed and to mail
a copy thereof, enclosed in an envelope with a sample ballot, to
each voter at least 10 days prior to the General Municipal
Election to be held on the 127 day of April, 1956.
BE IT FURTHER RESOLVED that the Mayor shall sign this
Resolution and the City Clerk shall attest the same apd certify
to the passage and adoption thereof.
Mayor of the City of Azusa
ATTEST:
- C-ITVy Clerk of the City of Azusa
//
Passed, approved and adopted this 6th day of February 1956,
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the City Council of the City of Azusa at a
regular meeting of said Council of said City, held in the regular
Council Chambers of said City Council in said City, February 6..
_ , 1956, and that the Fame was passed 15y the following
vote of the Council:
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AYES: Councilmen: Fawcett, Ortuno, Romero, Memmesheimer
NOES: Councilman Johnson
ABSENT: None
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ty Clerk of the City of Azusa