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HomeMy WebLinkAboutReso 1949-1068 RESOLUTION NO. 1068 RESOLUTION SUBMITTING TO THE ELECTORATE AN ORDINANCE TO AMEND THE INITIATIVE CIVIL SERVICE ORDINANCE OF THE CITY OF CHULA VISTA THE CITY COUNCIL-OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That the following ordinance providing for the amendment of the existing Civil Service Ordinance of the City of Chula Vista, California, be submitted to the electors of said City at a special election to be held on the 8th day of November, 1949. -1- • J vrv� -.7:x i i7T V ap .. ORDINANCE Nb. 'fly AN ORDINANCE AMENDING AN INITIATIVE ORDI- NANCE OF THE CITY OF CHULA VISTA ENTITLED "AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE SELECTION, EMPLOYMENT, SUSPENSION, DISCHARGE, AND RE- TIREMENT OF APPOINTIVE OFFICERS AND EM- PLOYEES OF THE SAID CITY." THE PEOPLE OF THE CITY OF CHULA VISTA, DO ORDAIN AS FOLLOWS: SECTION 1. That Sections 1, 2 and 3 of the initiative ordinance of the City of Chula Vista entitled "An Ordinance of the City of Chula Vista, California, creating and establish- ing a Civil Service System for the Selection, Employment, Sus- pension, Discharge, and Retirement of Appointive Officers and Employees of the said City" be, and the same are hereby repeal- ed, and that new sections be hereby enacted to be numbered and to read as follows: "SECTION 1. ADOPTION OF CIVIL SERVICE SYSTEM. Pur- suant to the authority granted to the legislative body of any City within this State, by the provisions of the Statutes of 1935, Page 380, to adopt by ordinance a Civil Service System for the selection, employment, classification, ad- vancement, suspension, discharge and retirement of appointive officers and employee's, the following Civil Service System is hereby adopted for the City of Chula Vista, California." "SECTION 2. CLASSIFIED SERVICE. The Civil Service of the City of Chula Vista is hereby divided into the un- classified and the classified service as follows: " (a) The unclassified service shall include the following officers and positions: 1. All elective officers. 2. Administrative Officer, Finance Officer, City Attorney, City Judge, Librarian, and One Private Secretary to the Administrative Officer. 3. All members of boards and commissions. -1- • 4. Positions in any class or grade created for a special or temporary purpose, and which may exist for a period of not longer than ninety days in any one calendar year. 5. Persons employed to render professional, scientific, technical or expert service of an occasional and exceptional character. 6. Part-time employees paid 'on an hourly or per diem basis. "(b) The classified service shall comprise all positions not specifically included by this Section in the unclassified service." "SECTION 3. STATUS OF EMPLOYEES HOLDING POSITIONS AT EFFECTIVE DATE HEREOF. Any person holding a ,position or employment included in the Classified Service whop,. on the ..rots effective date o amending ordinance, shall have served con- tinuously in such position, or in some other position included in the Classified Service, for a period of six months immed- iately prior-to such effective date, shall automotically be granted regular status in the Classified Service in the position held on such effective date without preliminary examinations or other tests and shall thereafter be subject in all respects to the provisions of the Civil Service System provided for in this Ordinance. Any person holding such a position or employment who, on the effective date of this amending ordi- nance, shall have served in the Classified Service, for a period of less than six months immediately prior to such effective date, shall automatically be granted the status of a probationary appointee in the position held on such effective date without preliminary examinations or other tests and the length of his service in the position shall be credited to his probationary period as hereinafter provided for." SECTION 2. That said initiative ordinance be, and it is hereby, amended to add thereto two new sections to be numbered -2- and to read as follows: "SECTION 4A: CIVIL SERVICE COMMISSION. There shall be a Civil Service Commission consisting of three members to be appointed by the City Council from the qualified electors of' the City, none of whom shall hold my salaried City office or ' employment, nor, while a member of the Commission 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 to any City elective office. The members of the Civil Service Commission shall be nominated and appointed in :the following manner: One member shall be appointed by the City Council from a list of three persons to be nominated by election by the employees in the classified service; one member shall be appointed by the City Council directly, and the third shall be appointed by the City Council from a list of three persons nominated by the two thus appointed. The successor of any member of the Commission shall be nominated and appointed in the same manner as such member . was nominated and appointed. "The members of the Civil` Service Commission shall serve . without compensation, but may receive reimbursement for necessary traveling and other expenses when such expenditures are author- ized by the City Council. "The term of -the members of the Civil Service Commission shall be three years. Members shall hold office until their respective successors are appointed, but vacancies shall be filled without undue delay. The members first appointed shall so classify ,themselves by lot that on each succeeeding first day of July the term of one of their number shall expire. As soon as practicable upon the appointment of toe first commission and following the first day of July- of each year thereafter, -3- AIP the Civil Service Commission shall organize by electing one of its members to serve as chairman at the pleasure of the commission. All proceedings of said commission shall be open to the public and a majority vote of the entire member- ship of such commission shall be necessary for it to' take action. The Civil Service Commission shall have the same power as the City. Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. If a member of the Civil Service Com- mission absents himself from three regular meetings of such commission, unless by permission of such commission expressed in its official minutes, his office shall become vacant and shall be filled by a successor in the manner provided above." "SECTION 4B: POWERS AND DUTIES OF CIVIL SERVICE COMMISSION. "(a) The Civil Service Commission shall, after a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of Civil Service rules and regu- lations not in conflict with this Ordinance. Such rules shall provide for the following matters in addition to such others as the Civil Service, Commission may deem necessary, proper, or expedient to carry out the intent and purpose of this Ordinance. 1. The Classification of all positions in the Classified Service. 2. The selection, employment, advancement, sus- pension, demotion, discharge and retirement of all persons in the classified service. 3. The recruitment of applicants for City positions through public advertisement in- . viting applications and by the establish- ment, of lists according to the merit and fit- ness of the applicants, to be determined by free examinations in accordance with such rules. The holding of promotional examina- tions to fill vacancies where promotional examinations are practicable in the opinion of the Civil Service Commission. -4- 10/ 4. The certification of the three names standing highest on the eligible list to the appointing authority to fill a posi- tion in the classified service, unless the Civil Service Commission with the consent of the appointing power author- ' izes the certification of less than three names on an eligible list and in the , opinion of such commission and such ap- pointing power conditions warrant such action. 5. A probationary period of six months for all officers and employees in the classified service after original or promotional appointment during which the officer or em- ployee may be rejected at any time without the right of hearing before the Civil Service Commission; a person so rejected from a position to which he has been promoted to be reinstated to the position from which he was promoted,, unless he is dismissed from the service of the City in addition to the rejection, in which event 'he shall have the right of a hearing before the Civil Service Commission as to such order Of dismissal. "(b) The appointing authority, for disciplinary pur- poses only and without giving rise to a right of hearing be- for e the Civil Service Commission, may suspend without salary an officer or employee holding a position in the classified service for not more than thirty (30) . days in any one calendar year. "(c) Every officer and employee who has attained regular status in the classified service shall retain his office or employment so long as it exists under the same or a different title during good behavior. The appointing authority, how- ever, shall have power to demote, suspend or remove any such officer or employee from his position for misconduct, incom- petence, habitual intemperance, immoral conduct, insubordina- tion, repeated discourteous treatment of the public, conviction of a felony, inattention to duties, or for engaging in prohib- ited political activity but subject to the right of such officer or employee to a hearing before the Civil Service Commission in the manner set forth in this section. -5- t i• a*w "Such employee shall be entitled to receive, upon his request, at the office of the board or officer taking such action, not later than the second business day thereafter, a written statement in which shall be 'separately stated each of the charges against him upon which such suspension, demotion or removal is based, a copy of which statement shall be furnish- ed to the Civil Service Commission. He shall have ten days after receipt of such statement within which to file an answer to such statement of charges should he desire to do so. "The answer shall be filed in the office of the City Clerk and with. the Civil Service Commission. In his answer, or otherwise if no statement of charges' has been made avail- able to him as required, such employee may request a hearing by the Civil Service Commission to review such suspension, demotion or removal which shall be called and held as provided for in the rules and regulations. Hearings may be conducted informally and the rules of evidence need not apply. Such employee shall be given the opportunity at such hearing to be heard in person or by counsel. "The Civil Service Commission shall make written findings which shall state as to each charge whether or not such charge is sustained. Such commission shall also set forth in writing its conclusions and recommendations based upon such findings and within ten days after concluding the hearing, it shall certify its findings, conclusions and recommendations to the board -or officer from whose action the appeal was taken, and to the Chief Administrative Officer and City Council. If, with respect to a demotion, suspension or removal, the . Civil Service Commission shall conclude that the charges on which such action was based were not proved, or, although proved, were motivated by personal, racial, religious or political preju- dice, a recommendation by it of reinstatement without loss of -6- N. pay shall be binding upon the board or officer having appointive power and such board or officer shall forthwith order such reinstatement. Except as specified in the im- mediately preceding sentence, the recommendations of the Civil Service Commission shall be advisory only to the board or officer having appointive power. The findings and con- clusions of such Civil Service Commission and, except as modified in this paragraph, the decision of such board or officer with respect to such recommendations shall be final and conclusive and no appeal shall be taken therefrom. "Where an appeal is taken to the Civil Service Commission from an order of dismissal, the vacancy in the position shall be considered a temporary vacancy pending final action by the Civil Service Commission and the board or officer having appoint- ive power and may be filled only by a temporary appointment. "A reduction in pay shall be a demotion, under this sec- tion, unless it is a part of a plan to reduce salaries and wages in connection with a general economy or curtailment program. A failure to grant an increase to an individual, at a time when increases are granted generally as a part of a plan to in- crease salaries and wages throughout the City Service, shall likewise be a demotion. "(d) At least once every two years and at such times as the City Council may request, the Civ5il Service Commission shall make a study of compensation being paid for each class of position under the classified service, and of the hours of labor, sick leaves and vacations applicable to each such class, and shall report the results of such study to the City Council with such recommendations as it deems warranted. Such studies may include: Comparisons with rates of pay for comparable ser- vice' in commercial and industrial establishments and in other public employments; surveys of prevailing market rates, costs and standards of living, and of the city' s policies, finances -7- and means with respect to the classified service. SECTION 3. That Section 5 of said initiative ordinance be, and the same is hereby, repealed, and that a new section be enacted to be numbered and to read as follows: "SECTION 5: CONTRACT FOR PERFORMANCE OF ADMINISTRATIVE FUNCTIONS. The City Council may contract with the governing body of a City, or County within this State, or with a State Department or other public or private agency for the prepara- tion or conducting of examinations for positions in the City service or for the performance of any other personnel adminis- tration service." SECTION 4. That Section 12 of said initiative ordinance be, and the same is hereby, repealed. SECTION 5. This ordinance shall become effective on the tenth day after the City Council shall have canvassed and declared the result of an election at which the qualified electors of said City shall have approved a proposition to adopt this ordinance by a majority vote of the electors voting on such proposition. • -8- Iti iZ �... xA• t SECTION 2: The City Clerk is directed to cause the substance of said proposed ordinance to be printed on the ballots used in such election as follows: "Shall the initiative ordinance which created and established a civil service Yes system for the selection, employment, suspension, discharge, and retirement No of appointive officers and employees of f the City of Chula Vista be amended as provided for in Resolution No. /p 4g ,, adopted by the City Council of said. City on the 201-day of September, 1949 SECTION 3: The City Clerk is directed to publish this resolution - in the Chula Vista Star and to cause copies of the proposed ordinance to be printed and mailed in the envelope containing the sample ballot to each voter at least ten J10) days prior to the election. SECTION 4: The City Clerk is directed to do such further acts as may be necessary to cause said proposed ordinance to be submitted to vote of the electors at said election. ADOPTED, SIGNED AND APPROVED this 20th day of September, 1949. Mayor of the City of Chula Vista, California. ATTEST: City Clerk of t'""'" .47, mf Chula Vista, California. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) as. CITY. OF CHULA VISTA) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing reso- resolution was duly adopted by the City Council of said City by a vote of more than two-thirds of the members thereof and was approved by the Mayor of said City at an adjourned regular meeting of said City Council held on the 20th day of September, 1949, and that it was so adopted by the following vote: AYES: Councilmen Nashold, Kidder. Riesland. NOES: Councilmen none ABSENT: Councilmen Koester. Dyson. ipe. ok.c.,(4111KIK Al I 1:17 • C ty-C erk of t e ty of Chula Vista, California. •