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HomeMy WebLinkAboutOrd 449-1960November' 27, 1959 March 3, 1960 - Rev. ORDINANCE NO. 449 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND RE-ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES. The City Council of the City of South San Francisco does ordain as follows: Section 1. REPEAL OF PRIOR ORDINANCES. Ordinance No. 216 of the City of South San Francisco entitled, "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO CREATING AND ESTABLISHING A PERSONNEL SYSTEM FOR SAID CITY", passed and adopted on the 15th day of December 1941 and any and all amendments to said ordinance are hereby repealed, together with any and all other ordinances, or parts of ordinances, inconsistent herewith. Section 2. ADOPTION OF PERSONNEL SYSTEM. In order to keep in force, as amended hereby, the personnel system presently existing for the City of South San Francisco and to establish and maintain an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following per- sonnel system is hereby adopted. Section 3. PERSONNEL OFFICER. The City Manager shall be ex-officio personnel officer. With the approval of the Council, the City Manager may delegate any of the powers and duties conferred upon him as personnel officer under this ordinance to any other officer or employee of the City, or may recommend that certain powers and duties be performed under contract as hereinafter provided. The City Manager as Personnel Officer shall: (a) Attend all meetings of the Personnel Board and serve as its secretary or, as hereinabove stated, delegate an employee of the City to a~nd all meetings of the Per- sonnel Board and serve as its secretary. 1. (b) Administer all the provisions of this ordinance and of the personnel rules not specifically reserved to the Council or the Personnel Board. (c) Prepare and recommend to the Council revisions and amendments to the Personnel Rules. (d) Prepare a position classification plan, including class specifications, and re- visions of the plan. The plan and any revisions thereof, shall become effective upon approval of the Council. (e) Prepare a plan of compensation, and revisions thereof, covering all classifica- tions in the competitive service. The plan and any revisions thereof shall become effective upon approval by the City Council. (f) Make recommendations as to appointments, promotions, demotions, discharge and any other matters concerning those in the competitive service. Section 4. PERSONNEL BOARD. There is hereby recreated a Personnel Board to consist of five members, to be appointed by the Council. The persons now serving as members of the Personnel Board of the City of South San Francisco pursuant to Ordinance No. 216 shall continue as members thereto, as recreated and re- established by this ordinance, and shall serve until such time as their.respective terms shall expire. At the expiration of the term of each of the members, successors shall be appointed by the City Council for a term of four years. The term of the members shall be so arranged that they are staggered, that is, they shall expire on different dates for the purpose of maintaining a con- tinuity at all times in the membership. Annually on or before the 30th day of January, the Board shall meet and elect a chairman from among its voting members. Vacancies on the Board shall be filled by appointment by a majority of the Council for the unexpired term. Each member shall serve until his successor is appointed and qualified. A vote of three Councilmen shall be required to appoint a member of the Personnel Board, and a vote of three Councilmen shall be neces- sary to remove any member of the Personnel Board from office prior to the expiration of his term. Should a member be absent 2o from three (3) successive regular meetings without excuse, the City Council may by majority vote declare the office vacant. Members of the personnel Board shall be qualified electors of the City of South San Francisco and shall be persons in sympathy with the merit principles of public employment. No person shall be appointed to the Board who holds any salaried public office or employment, nor shall any member, while on the Board or for a period of one (1) year after his term has expired, be eligible for appointment to a~y salaried office or employment in the service of the City other than to an office which is elective. Section 5. DUTIES OF THE PERSONNEL BOARD. The Person- nel Board shall determine the order of business for the conduct of its meetings, and shall meet regularly if so required by the rules, or on call of the Chairman or of three members of the Board. Three members of the Board shall constitute a quorum for the transaction of basin,ss. 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 competitive service relative to any disciplinary action, dismissal, demotion, grievance or alleged violation of this ordinance or the per- sonnel rules, and to certify its findings and recommendations as provided in this ordinance. (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 subpoenas issued in the name of the City and attested 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 or to testify in answer to such a subpoena shall subject the per- son 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 exam- inations for positions in the competitive service; to receive applications therefor; to conduct and score examinations; to certify to the appointing power a list of all persons eligible for appoint- ment to the appropriate position in the competitive service. The Personnel Board shall cause the duties imposed upon it by this subdivision to be performed by the Personnel Officer or person appointed by the Personnel Officer to perform any and all duties imposed upon him. (d) When requested by the City Council, City Manager, employees, or their representatives, the Personnel Board shall hold hearings and make recommendations on matters of personnel policies. (e) To act as an advisory board to the City Council on matters concerning personnel policies in the City, having authority to study and recommend regarding said policies and to hold open public hear- ings when general policy recommendations are to be determined. Section 6. COMPETITIVE SERVICE. Th~ following positions and offices are in the competitive service and the provisions of this ordinance or amendments thereto shall apply to them. The City Council may add positions or offices to the competitive ser- vice by amending this section by duly passing an ordinance so providing: Administrative, Clerical and Fiscal: City Attorney Police Dispatcher Clerk Senior Stereo-Clerk Senior Account Clerk Stenographer Clerk Account Clerk PBX Operator Eibrary: City Librarian Assistant Librarian Library Clerk Public Safety: Police Chief of Police Police Captain Police Sergeant Traffic & Parking Meter Officer Police Officer Parking Meter Collector & Repairman Fire 1F~ Chief Assistant Fire Chief Fire Captain - Training Officer Fire Captain Fireman Inspection and En~ineerinK: Chief Building Inspector Assistant Public Works Engineer Assistant Engineer Engineering As s is rant Assistant Building Inspector Engineering Draftsman Public Works Inspector 4. Public Works - Supervising: Public Works Superintendent Sanitation Superintendent Public Works Foreman AutomotiveMaintenance Supervisor Automotive Maintenance Mechanic Recreation and Parks - SupervisinR Recreation Supervisor Park Foreman Skilled, semi-skilled and unskilled Chief PLant Operator Heavy Equipment Operator Equipment Operator Plant Operator Maintenance Man Sweeper Operator Relief Plant Operator Chemist-Clerk Head Custodian Equipment Serviceman - Mechanic's Helper LabO~e~ Grounds_ma__n Gardener Custodian The following offices shall not be included in the competitive service: (a) Elective Officers (b) Members of appointive boards, commissions and co~ittees (c) Persons engaged under contract to supply expert, professional or technical ser- vices for a definite period of time (d) Volunteer personnel, such as volunteer firemen, who receive no regular compensa- tion from the City (e) City Manager, his secretary and assis- tants (f) Civil Defense Director and coordinator (g) Director of Public Works (h) Planning Director or Officer (i) Casual, seasonal or emergency employees in any office or department of the City, including, but not limited to, part-time crossing guards and intermittently employed street department employees (]) Hourly or per diem employees (k) Part-time employees (1) Volunteer personnel who receive no regular compensation from the City (m) Superintendent of Parks and Recreation (n) Humane Officer Section 7. ADOPTION OF RULES. Personnel rules subject to this ordinance shall be adopted and may be amended from time to time by resolution of the Council. Amendments may be recom- mended by the Personnel Board or City Manager. The rules shall establish specific procedures and regulations governing the following phases of the personnel system: (a) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class. (b) Preparation, revision, and adminis- tration of a compensation directly correlated with the position classification plan, providing a rate or range of pay for each class. (c) Public announcement of all tests and the acceptance of applications for employment. (d) Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment and promotion. (e) Certification and appointment of persons from employment lists and the making of provisional temporary and emergency appointments. (f) Evaluation of employees during the probationary period, including quarterly reports of performance during said period, and throughout time of employment. (g) Transfer, promotion, demotion, and reinstatement of employees in the competitive service. (h) Separation of employees from the City service through lay-off, suspension and dis- missal. (i) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training. (j) Suitable provision for orderly and equitable presentations to the Personnel Board, City Manager and the City Council by employees of matters relating to general conditions of employment. (k) Content, maintenance, and use of personnel records and forms. Section 8. APPOINTMENTS. Appointments to vacant posi- tions in the competitive service shall be made in accordance with ~he personnel r~es. Appointments and pro~cions shall be based on merit and fitness to be ascertained by competitive examinations. 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, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, or any combination of these, which will, in the opinion of the Personnel Board test fairly the qualifications of candidates. Physical, medical and agility tests may be given as a part of any entrance examination. Physical and medical examinations may be required on promotional appointments when related to the qualifications necessary to per- from the duties of the classification. In any recruitment examination the Personnel Board may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor. Appointment shall be made by the Council, or as provided by applicable State law, City ordinance, or rules and regulations. When recruitment or promotion appointment is to be made to a vacancy in the competitive service, the Personnel Board shall transmit to the appointing power the number of names that will ex- ceed by two (2) the number of vacancies to be filled. If insufficient names are available to meet this require- ment, then in the discretion of the appointing power permanent appointments may be made therefrom or temporary appointments may be made therefrom until additional eligibles can be certified after examination. In the absence of appropriate employment lists, a pro- visional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. Provisional appointment of department heads shall be made by the City Council. Provisional appointments to other positions shall be made by the City Manager. An employment list shall be established within six (6) months for any permanent position filled by provisional appointment. The Council may, by a four-fifths vote, extend the period for said list and provi- sional appointment for not more than thirty (30) days, by any one 7. action not to exceed three (3) such extensions. When a position is to be filled by provisional appointment, or a provisional appointment is to be extended, the Council shall direct the City Clerk to record such action in the minutes of the meetin~ of the Council. Credits shall be allowed on promotional appointments for length of time ins.trice in grade after completion of the proba- tionary period. The schedule of said credits shall be set forth in the Rules and Regulations and the applicant must obtain a pass- in~ grade on the examination before said credits shall be applied. During the period of suspension of an employee, or pend- in~ final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointin~ authority subject to the provisions of this ordinance and the personnel rules. Section 9. AGE LIHITS. No maximum oK~minimum age limits shall be prescribed or established for any civil service examina- tion, and age shall not be a minimum qualification for any employ- ment in the classified service, and no person, otherwise qualified, shall be denied employment in said service solely because of a~e; provided, however, that the City Council hereby reserves the right to fix minimum or maximum a~e limits for the employment of police- men or fireman. Section 10. PROBATIONARY PERIOD. All regular appoint- ments, includin~ promotional appointments, shall be for a proba- tionary period of not less than one (1) year, except that as to any class of position the rules may provide for an extension of the probationary period for not more than an additional three (3) months. In the case of every probationary employee within his department, each department head shall, durin~ the tenth (10th) month of the probationary period, file with the Personnel Officer a full and detailed written report concerning the performance and qualifications of such probationary employee. With respect to department heads who are themselves probationary employees, such report shall be submitted to the City Council by the City Manager. During the probationary period, the employee may be rejected at any time providing the appointing authority, City Manager or department head, where same is so authorized by this ordinance or the Rules and Regulations, files in writing with the Personnel Board his reasons for such action. The Personnel Board shall have the right to review the action and may render a decision, but such decision may not be binding on the appointing authority, City Manager or department head unless the Personnel Board a-aims the action was the result of religious, political or racial discrimination. Any employee rejected, during the pro- bationary period, from a position to which he has been promoted shall be reinstated to the position from which he was promoted, or to Qne of equal rank, unless charges are filed and he is dis- charged as provided in this ordinance and the Personnel Rules and Regulations as adopted hereunder. Any officer or employee in the competitive service who is promoted or transferred to a position not included in the com- petitive service shall be reinstated to the position from which he was promoted or transferred, or to one of equal rank, if, within one (1) year after such promotion or transfer, he fails to qualify and for that reason or for some other reason, he is dismissed, provided, of course, that he shall not otherwise have lost his former status in the promotional service, such as, through his discharge, following the filing of charges, in the manner provided for in this ordinance and the Personnel Rules and Regulations as established hereunder. Section 11. STATUS OF PRESENT EMPLOYEES. Any person holding a position included in the competitive service who, on the effective date of this ordinance, shall have served contin- uously in such position, or in some other position in the com- petitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this ordinance and the person- nel rules. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. Section 12. APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS. The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions. Section 13. APPOINTMENTS SUBJECT TO ORDINANCE. The Council, and any other board, commission, officer or employee in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this ordinance and the personnel rules. Section 14. SUSPENSION. Any person holding a position of employment in the competitive service shall be subject to disciplinary suspension without pay for a total of thirty (30) days in a fiscal year. The appointing authority, City Manager or department head shall deliver a copy of the Suspension Order to the employee and file a copy with the Personnel Board. The appoint- ing authority, City Manager and department head shall exercise the power of suspension as herein provided and further provided in the Rules and Regulations. Any employee may, upon being suspended, file an answer or objection to said action with the Personnel Board and said Board shall make an investigation, which shall in- clude an interview with the officer suspending the employee and the suspended employee, with or without a hearing as it deems nec- essary. The Board shall render a decision within a reasonable time after the hearing or investigation. The suspension action 10. taken sha[[ stand un[ess modified or revoked by the Board. Section 15. DISMISSAL. The appointing power, City Manager and department heads, with reypect to employees in their department, each except as limited herein or in the Rules and Regulations, shall have authority to dismiss a person in the competitive service for cause. The City Manager, before exer- cising the power of dismissal of dePartment heads, shall first obtain authorization from the City Council. Departmentheads, before exercising the power ~ dismissal, shall first obtain authorization from the City Manager. Section 16. FILING OF CHARGES AND BEQUEST FOR HEARING. The tenure of every employee holding a position in the competitive service shall be during good behaviour and proved fitness forthe position on the basis of duties and responsibilities, but any officer or employee may be removed or otherwise disciplined as provided by this ordinance and in the Rules and Regulations estab- lished hereunder and departmental rules adopted by the City Council. Any permanent employee in the competitive service who has been demoted, dismissed, or reduced in pay, shall be entitled to request a written statement of the reasons for such action. Such a request must be made within a period equivalent to ten (10) working days following the action, and he shall have ten (10) additional working days within which to answer the charges in writing. In the event the employee requests the statement and prepares his written answer, copies of both shall be filed with the Personnel Officer, who shall transmit them to the Personnel Board. Within ten (10) days from the date of filing his answer to the written charges, or in the event such written charges have not been made available to him within the time prescribed, then within ten (10) days after the action taken to demote, dismiss, or reduce the pay of the employee, he may file a written demand with the Personnel Officer requesting a hearing before the Per- sonnel Board. The Personnel Board shall then investigate the Il. case and conduct a hearing as provided in this ordinance and by the rules. The provisions of this section shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure, or as part of a general curtailment program, nor to !ay-offs when necessitated by in- clement weather or other adverse working conditions, shortage of work or funds, or material changes in duties or organization. The name of every employee so laid off shall be placed on the appropriate re-employment list or lists as provided in the Rules established hereunder and such lay-offs shall be without the right of hearing or appeal. Section 17. RIGHT OF APPEAL. Any employee in the com- petitive service shall have the right to appeal to the Personnel Board relative to any disciplinary action, dismissal, demotion, or alleged violation of this ordinance or the personnel rules; except in instances where the right of appeal is prohibited by this ordinance. Thereupon, the Board shall make such investi- gation as it may deem necessary and within ten (10) days after the request for hearing was filed, the Board shall hold a hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Within ten (10) days after concluding the hearing, the Personnel Board shall certify its findings and recommendations to the Council, to any other official from whose action the appeal was taken, and to the employee affected. The Council shall review the findings and recommendations of the Personnel Board and may then affirm, revoke, or modify the action taken, as in its judgment seems warranted, and the action taken ahall be final. Section 18. ABOLITION OF POSITION. Whenever in the judgment of the Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the Council may abolish any position or employment in the competitive service and lay-off, demote, or 12. transfer an employee holding such position or employment without filing written charges. Seniority shall be observed in effecting such reduction in personnel and the order of lay-off shall be in the reverse order of total cumulative time served in the City service upon the effective date of the lay-off. Lay-off shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee. For the purpose of determining order of lay-off, total cumulative time shall include time served with the City prior to the institution of the personnel system through the adoption of Ordinance No. 216 on December 15, 1941, and also all time served while on military leave of absence. The names of probationary and permanent employees laid off shall be placed upon re-employment lists for classes which, in the opinion of the Personnel Officer, required basically the same qualifications and duties and responsibilities m~ those of the class of positions from which l~F-off was made. Names of persons laid off shall be placed upon re- employment lists in order of their seniority and shall remain on such lists for a period of two (2) years unless re-employed sooner. Section 19. IMPROPER POLITICal ACTIVITY. Any person holding an office or employment in the competitive service shall not: (a) Seek or accept election, nomination, or appointment as an officer 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, organization or circle. (d) Seek signatures to any petition pro- vided for by any law. (e) Act as a worker at the polls or dis- tribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election or nomination to a county or city office. 13. Section 20. ACTIVITIES NOT AFFECTED. This ordinance does not prevent any officer or employee from: (a) Becoming or continuing to be a me~ber of a political club or organization. (b) Attendance at a political meeting. (c) Enjoying entire freedom from all interference in casting his vote. (d) Seeking or accepting election to public office while on leave of absence. (e) Accepting appointments to public office. (f) Seeking signature to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions. (g) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, if the activity .is not carried on during hours of work,,or when he is dressed in the uniform required in any department of the City government. The violation of any provision of Section 19 is grounds for discharge of any officer or employee. Section 21. DISCRIMINATION. No person in the competitive 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. Section 22. SOLICITATION OF CONTRIBUTIONS. No officer, agent, clerk, or employee, under the government of the City, and no candidate for any City office shall, directly or indirectly, solicit 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 in the competitive 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 pur- pose affecting his working conditions, from any person other than an officer or employee in the competitive service. 14. Section 23. RIGHT TO CONTRACT FOR SPECIAL SERVICE. The Council may contract with any qualified person or agency for the performance of such technical service 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 upon the Personnel Officer, including his duties under subdivision (c) of section 5, but shall not include the delegation of powers and duties vested in the Council or Personnel Board. Section 24. APPROPRIATION OF FUNDS. The Council shall appropriate such funds as are necessary to carry out the provisions of this ordinance. Section 25. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Section 26. SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordi- nance, and each section, 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 27. EFFECTIVE DATE. PUBLICATION. This ordi- nance shall take effect thirty (30) days after the date of its adoption and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Enterprise-Journal , a weekly newspaper of general circulation, published and circulated in the City of South San Francisco, and thenceforth and thereafter the same shall be in full force and effect. 15. Introduced this 7th day of March 19 60 . Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 21st day of March , 19 60 , by the following vote: AYES, COUNCILMEN Andrew Rocca, G. J. Rozzi, Emilio Cortesi, Leo J. Ryan and Patrick E. Ahem NOES, " None ABSENT, " No ne ky Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 21st day of March 16.