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HomeMy WebLinkAboutOrd 216-1941r OP~ INAN CE NO. AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCIS0 0REATING AND ESTABLISHING A PERSONNEL SYSTEM FOR SAID CITY. The city council of the City of South San Francisco do ordain as follows: Section 1. Adoption of Personnel System. Pursuant to the authority granted to the legislative body of any city within the S~ate of California under the provisions of Chapter 4~, Statutes of 1935, and in order to establish an equitable and uniform pro- cedure for dealing with personnel matters through a department of personnel, and to place municipal employment on a merit basis so that the best qualified persons available shall be brought inl~o the service of the city, the following personnel system is hereby adopted. Section 2. Del~artment' of Personnel. There is hereby created a department of personnel which shall consist of a board of review an~ a personnel clerk. The board of review shall consist of three members to be appointe~ by the city council. The first board to be appointed .shall, at its first meet- ing, so classify its members by lot that one shall serve for a term which shall expire February 15, 194E, one shall serve for a term which shall eXPire February 15, 1944, and one shall serve for a term which shall expire February 15, 1946. At the expiration of each of the terms so provided for, a successor shall be appointed by the city council for a term of six years. Vacancies on the board of revi.ew, from whatever cause, shall be filled by appointment by tl counc, il for the unexpired term. h> boar fa Each member of t 11 serve ,~util his successor is appointed and qualifie~. ~four~Tifths vote of all the members of the city council shall b r ired to appoint a member to said board or to fill any vacancy th or to remove any member of said boar~ from office prior to the expiration of his term of office. -1- " The members of the board of review shall be qualified electors of said city and shall serve without compensation. No person shall be appointed to said board who holds any salaried public office or employment, nor shall any member, while a member of the boar~ or for a period of one year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the city or any city elective office. Section 5. Duties of the Board of Review. The board of review shall meet on call of the chairman or two members of the boar~. Two members of the board shall constitu~® a quorum for the transaction of business. The functions of the board shall be.: (a) As. provided' by this ordinance and by rule, to hear appeals submitte~ by any person in the competitive service relative to any situation connected with his employment status or condition of employment. (b) In any investigation or hearing conducted by the boar~, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the city and atteste~ by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served and refusal of a person to attend o.r to testify in answer to such a subpoena shall subject said person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the board of review shall have the power to administer oaths to witnesses. S~ction 4. Personnel Clerk. The city council shall appoint a personnel clerk whose duty it shall be to act in the capacity of clerk for the personnel system. The duties of the office of personnel clerk may be combine~ with those of any other office i~ the event~ the work involved does not warrant, in the discretion of the city council, the creation of a special position. The personnel clerk shall: (a) Attend all meetings of the board of review. (b) AdminLs~er all provisions of this ordinance end the rules established hereunder, not specifically reserved to the city council or the board of review. (~1 Under the direction of the city council te prepare rules, and' revisions and amendments thereof, for the con- sideration of said city council. (dm) Under the direction of thru city council to prepare a position classification plan and class specifications and revisions thereof, for the consideration of said city council. Section ~. Competitive Ssrvicm. The provisions of this ordinance shall apply to all offices, positioms and employments in the service of the city, including all persons employed in the public liabrary of said city, except: (al Elective Offices. Provided however, that, in the event the people of the city shall, at a general ~icipal elec- tion or special election held for that purpose, elect to change the status of any one or more electivm officers of the city to that of appointive officers, then at the expiration of the term of office of any such officer, the person holding the office at the time of the expiration of said term, providing that he shall have served in such position for a period of at least six months continuously, immediately prior to the expiration of said term of office, shall assume regular status in the competitive service without preliminary examination or working tests and shall thereafter be subject in all respects to the provisions of this ordinane®o (b) Positions on appointive boards, commissions and committees. (~1 Ail police officers whose compensation is not paid by said city. (d) The poun~master and any deputy poun~master. Offices, positions and employments not exempted above sh&ll constitute the competitive service of the city. Section 6. A~option of Rules. 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 formulate~, and shall be adopted by the city council establishing specific procedures to govern the following phases of the personnel program: (a) The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service. (b} The formulation of minimum standards and quali- fications of each class of position. (c) The public announcement of vacancies and examina- tions and the acceptance of applications for employment. (d~ The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment. (el The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments. (f) The evaluation of employees during the probationary period. (gl The transfer, promotion, demotion and reinstate- merit of employees in the ccmpetitive service. (h) The separation from the service of employees through lay-off, suspension, dismissal and for incapacity to perform required duties. (il The standardization ofhours of work, attend- ance and leave regulations, working conditions and the development of employee morale, welfare and training. (J) The maintenance and use of necessary records and forms. section ?. Appointments. Appointments to vacant positions in -4- the competitive service shall be made in accordance with the rules establishe~ hereunder and from employment lists resulting from competltiva examination, or by promotion, transfer, demotion or re- instatement. Appointments shall be made by the city council, or by the officer in whom the power to make appointments is veste~ by law. If appointment is to be made from employment or promotional lists, the names of persons willing to accept appoint- ment shall be certifie~ by the personnel clerk in the or, er in which they appear on the lists. The number of names certifie~ shall excee~ by two the number of vacancies to be fille~. 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 ~he position, provide~, however, that an employment list shall be established for such position within ninety Rays. No person shall be employe~ by the city un, er temporary appointment for a total of more than ninety ~ays in any fiscal year. In the event of emergency, the appointing power may appoint such persons as are required to meet the situation, but such appointment shall not excee~ fifteen working days. No credit shall be allowe~ in the giving of any examination or the establishment of e~y employment or promotional lists, for ~.ervice rendere~ under a temporary appointment. The personnel clerk shall not establish any minimum or maximum age limits for any civil service examination. Age shall not be considered' to be a minimum quali- fication for any city employment in the qualified' service. Any person possessing all the minimum qualifications for the position shall be eligible to take any civil service examination, regardless of his age. Neither the city council nor the personnel clerk, nor any appoint- ing power shall adopt any rule, either written or unwritten, prohibit- ing the employment of any person in any city employment who is otherwise qualifie~ therefor, solely because of his age. -5- In the event that said city council shall determine that it is necessary to bring about a reduction in personnel for economy reasons, said city council shall be required to observe the seniority rule in putting into effect any such reduction in personnel. During the perio~ of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy created may be filled by the appointing power only by temporary appointment. Section 8. Probationary Period. Ail original and promotional appointments shall be for a probationary period of six months during which the employee may be rejected at any time without right of appeal or hearing in' any manner. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless charges are filed and he is discharged as provided in this ordinance and the rules. Any employee in the competitive, service promoted or trans- ferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or trans- ferred if within six months after such promotion or transfer action is taken to dismiss him, unless charges are filed and he is dis- charged in the manner Provided in this ordinance and the rules tablished hereunder for positions in the competitive service. Section 8~. Every officer and employee of the City of South San Francisco who is a member of the National Guar~ or Naval Nilitia or a member of a reserve corps or force in the Federal Military, Naval or Marine Service, or who is conscripted under any law of the United States, shall be entitled to absent himself from his duties or services while engage~ in the performance of ordere~ military or naval duty and while going to and returning from such duty. If he has been in the service of the City of South San Francisco for a period of less than one year prior to the date upon which his absence begins, no such officer or employee shall be subjected by any -6- person directly or indirectly by reason of such absence to any loss or diminution of vacation or holiday privilege or be prejudiced by reason of such absence with reference to promotion or continuance in office, employment, re-appointment to office or re-employment. During the absence of any such officeror employee, while engaged in the performance of ordered military or naval duty as a member of the National Guard, Naval Militia or reserve corps or force in the Federal Military, Naval or Marine. service, or as a conscript under any law of the Unite~ States, he shall receive his salary or compensation as such officer or employee if the period of such absence in any cal- endar year does not excee~ thirty days and if he has been in the serv- ice of the City of South San Francisco for a period not less than one year prior to the date upon which his absence begins. The provisions of this section shall apply to all officers and employees of the City of South San Francisco who voluntarily enlist in the National Guard~, Naval Militia or reserve corps or force of the Federal Military, Naval or Marine service and who are subject to any conscription or other draft law of the United States. The intention of this provision is to give such volunteers who are subject to conscrip- tion or draft when same is being enforce~, the same rights as other officers and employees of the city who belong to the National Guard, Naval Militia, or reserve, corps or force in the Federal Military, Naval or Marine service or are conscripte~ under any law of the Unite~ States. Section 9. Status of Present ~mployees. Any person holding a position or employment included in the competitive service who, on the effective date of this ordinance, shall have served continuously in such position, or in some other position include~ in the competi- tive service, for a period of at least six months i~mediately prior to such effective date, shall assume regular status in the competi- tive service in the position held on such effective date without pre- liminary examinatiom or working tests and shall thereafter be subject in all respects to the provisions of this ordinane®, -7- Any other persons holding positions or employments in the competitive service shall be regarded as holding their positions or employments as probationers who are serving out the balance' of their probationary' periods before obtaining regular status. Section lO. Powers of the City Council. The city council and any other officer in whom is vested by law the power to make trans- fers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power, subject to the provi- sions of this ordinance and the rules established hereunder, it being the intent and spirit of this ordinance to provide a fair and Just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public servieeo Any person holding a position or employment in the competi- tive service shall be subject to suspension without pay by the pointing power and without right of appeal, but such suspension shall not exceed a total of thirty days in any fiscal year. Section ll. Filin~ of Ohar~es. Any officer or employee, in the competitive service' who has been demoted, dismissed or reduced in pay, shall be entitled to receive a written statement of the reasons for such action within three days, and he shall have three days' time thereafter within which to answer in writing thereto. A copy of such charges and answer shall be filed with the personnel clerk. In the event the officer or employee files an answer, a copy of such written charges and of such answer shall be transmitted by the personnel clerk to the board of reviem. Within ten days from the date of filing his answer to the writte~ charges, or in the event such written charges have not l~,een made available to him within the time prescribed, then within ten days after the action taken to ~emote, dismiss or reduce the pay of the officer or employee, he may file a written demand with the personnel clerk requesting a hearing before the board of review. The board shall then investigate the case and conduct a hearing as provided by Section 1E of this ordinance and by the rules. -8- The provisions of this section and of Section 12 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an ecnnomy measure or as part of a general curtailment, program. Section 12. Right of Appeal. Any officer or employee in the competitive service shall have the right to appeal to the boar~ of review relative to any situation affecting his employment status or conditions of employment, except in instances where the right of appeal is prohibited by this ordinance. Thereupon the board shall make such investigation as it may deem necessary and within twenty ~ays after the request for hearing was filed by the officer or employee, the board shall hold a hearing, at which time it shall hear evideneefor and against such officer or employee. Hearings may be informally conducte~ and the rules of evidence need not apply. Within ten days after concluding the hearing,the board of review shall certify its findings and recommendations to the city council or other official from whose action the appeal was taken. Said city council or other official may then take such action with respect to the officer or employee, against whom a charge has been filed, as such findings and recommendations may warrant. The find- ings and recommendation of the board of review and any action taken by the city council or other appointing power shall be final and con- elusive and shall not be reviewable in any court. Section 13. Abolition of Position. Whenever, in the Judgment of the city council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the city council may abolish any office, position or employment in the competitive service and discharge the officer or employee hold- ing such office, position or employment without filing written charges and without the right of appeal. The name of such an officer or employee so discharged shall be placed at the top of the appropriate employment list or lists, as provided by the rules. Section 14. Improper Political Activity. No person holding a position in the competitive service shall seek or accept election, nomination or appointment as an officer of a county or municipal political club or organization, or take an active par~ in, or make any contribution or donation to, any county or municipal political campaign, or serve as a member of a committee of such club or organi- zation or circle, er seek signatures to any petition provided for by any law, or acl~ as a worker at the polls, or distribute badges or pamphlets, dodgers, or handbills of any kin~ favoring or opposing any candidate for election, or for nomination to a public office, whether county or municipal; provided, however, that nothing in this ordinance shall be construe~ to prevent any such officer or employee from becoming or continuing ~o be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to a public office. ~y wilful violation thereof or violation through culpable negligence, shall be sufficient grounds to authorize the d'ischarge of any officer or employee. No person in the competitive service, or seeking admission thereto, shall be employed, promote~, ~emoteD or discharge~~, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief. Section 15. Solicitation of Contributions. No officer, agent, clerk or employee, under the government of the city shall, directly or indirectly, solicit or receive, or be in any manner concerned in s~liciting or receiving any assessment, subscription, contribution for political service, whether voluntary or involuntary, for any political purpose whatever, from any one on the eligible, lists or holding any position under the provisions of this ordinance° Section 16. Right to Contract for Special Service. The city council may contract with any competent agency for the performance by such agency of such technical service in connection with the es- -15- . · I tablishment of the personnel system or with its operation, as may be desired'. Said contract may include the delegation to such an agency of the responsibility for the performance of the duties here- in imposed upon the personnel clerk~but shall not include the dele- gation to such agency of the powers and duties herein vested in the city council. Section 17. Approlsriation of Funds. The city council shall appropriate such funds as are necessary to ~carry out the provisions of this Ordinance. Section 18. Penalty for Violation. Any person, firm or corpo- ration violating any of the provisions of this ordinance shall be deeme~ guilty of a misdemeanor an~, upon a conviction thereof, shall be punishable by a fine of not more than Three Hundred Dollars ($300.001, or by imprisonment in the city jail for a period of not more than three (3) months, or by both such fine and imprisonment. Section 19. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sen- tence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, ~dbdivisions, sentences, clauses or phrases be declared~ invalid. Section 20. This ordinance shall be publishe~ once in "The Enterprise", a weekly newspaper of general circulation, publishe~ circulated in sai~ City ef South San Francisco, within fifteen (15) days after its passage and shall take effect and be. in force upon the expiration of thirty (30) days after its adoption. -o-o-o-o- Introduced' this /~ day of ~ , 1941. Pasaed and adopted as an ordinance of the City of South San Francisco, at a regular meeting of the City Council of the City of -ll- . · I South San Francisco, this /~.~ay of ~~ , 1941, bY the following vote: Ab sent, Oo~c i linen ~_ Appr~ ~ayor of the City of South Attest :~ ~ .~ Fr~cisco. -12-