HomeMy WebLinkAboutOrdinance No. 2169 Some
ORDINANCE NO. 2169
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF AZUSA ADDING
SECTION 2. 35. 075 TO THE AZUSA
MUNICIPAL CODE RELATING TO PROCEDURES
FOR APPEAL OF PERSONNEL BOARD ACTIONS
TO THE CITY COUNCIL RELATED TO
DISCIPLINARY ACTIONS AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN
AS FOLLOWS :
SECTION 1. Section 2. 36. 075 is hereby added to the
Azusa Municipal Code to read as follows:
"Section 2. 36. 075. APPEAL TO THE CITY COUNCIL-PROCEDURES
An appeal to the City Council pursuant to
Section 2. 36. 070 shall be in accordance with
the following procedures:
A. The appeal may be made by either the affected
employee, or by the department head with the ap-
proval of the City Administrator.
B. An appeal to the City Council shall be
perfected by the filing with the City Clerk,
within ten (10) days after service of notice
of the Personnel Board' s action, of a written
letter of appeal.
C. As soon as possible after receipt of such
appeal, the City Clerk shall cause to be pre-
pared, at the expense of the appealing party,
a transcript of the Personnel Board' s proceedings,
which transcript shall be transmitted to the
City Council.
D. The department head and the affected
employee shall have the right to present
oral and written argument before the Council
in accordance with a schedule established by
the Council at the time it receives the
transcript of the hearing. In making its
determination, the City Council shall only
consider the testimony presented at the
hearing, documentary evidence received at
the hearing and the oral and written arguments
of the department head and affected employee.
The Council shall, by resolution, within
thirty (30) days of receipt of the transcript
of the hearing of the Personnel Board, affirm,
overrule or modify, in whole or in part, the
decision reached by the Personnel Board. The
decision of the City Council shall be final
and conclusive in all cases.
`,
E. Pursuant to Code of Civil Procedure
Section 1094. 6, any action to review the
decision of the Council and the Personnel
Board shall be commenced not later than
the ninetieth (90th) day after the date
the resolution setting forth the Council' s
decision is adopted. "
SECTION 2. The City Council of the City of Azusa finds
and declares that this Ordinance is declaratory of existing law
and establishes procedures to necessary implement the provisions
of the Civil Service Ordinance as passed by the qualified electors
of the City of Azusa at the General Municipal Election on April 11,
1950 and amended at the General Municipal Elections on April 13,
1954, April 10 , 1956 and November 2, 1982.
SECTION 3. The provisions of this ordinance shall apply
to all disciplinary actions pending as of the date of its adoption.
SECTION 4. The City Council of the City of Azusa hereby
declares this ordinance to be an urgency ordinance pursuant to the
provisions of Government Code Sections 3504. 5, 36934 and 36937 as
it is necessary for the immediate preservation of the public peace,
health, or safety and, therefore, shall take effect immediately
upon its adoption. The facts constituting the urgency of this
ordinance are that the current provisions of the Azusa Municipal
Code relating to procedures for the appeal of disciplinary actions
to the City Council are not adequate and an appeal to the City
Council from an action by the Personnel Board is pending. The
immediate implementation of this ordinance is necessary to make
its provisions applicable to the pending appeal and thereby preserve
and protect the rights of the affected employee and the rights of
the City.
SECTION 5. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published as
required by law.
APPROVED AND ADOPTED this 18th_lay of April
1983.
519-"11-
MAYOR
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2169 was
introduced and adopted at a regular meeting of the City Council
of the City of Azusa held on the 18th day of April, 1983, by the
following vote, to wit:
AYES : COUNCILMEMBERS : DECKER, HART, CRUZ, LATTA, MOSES
NOES : COUNCILMEMBERS : NONE
ABSENT: COUNCILMEMBERS : NONE
1
TY CL RK
Publish Azusa Herald: 4/27/83 -2-