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HomeMy WebLinkAboutOrdinance #1225 ORDINANCE NO. 1225 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING AR- TICLES, SECTIONS AND CHAPTER 15 THEREOF AND ADDING CHAPTER 18 AND ARTICLES AND SECTIONS THEREOF, RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM AS SET FORTH IN ARTICLE X OF THE HUNTINGTON BEACH CITY CHARTER ADOPTED FEBRUARY 10th, 1966. WHEREAS, Article X of the Charter of the City of Hunt- ington Beach, which became effective on February loth, 1966, requires the establishment of a Personnel System to provide for those appointive officers and employees of the City who shall be included in the System; and WHEREAS, said Article X of the Huntington Beach City Charter provides that such personnel system must be establish- ed within six months of the effective date of the Charter; NOW, THEREFORE, the City Council of the City of Hunting- ton Beach does ordain as follows : Section 1. That the following Chapter, Articles and Sections of the Huntington Beach Ordinance Code are hereby repealed: rticle 141 142 Section 1435.1 1435.2 1435.2.1 i435.3 1435 .3.1 1435 .4 1435 .5 1435.6 1436 1437 1441 (e) Article 145 146 Chapter 15 -1- Ord. No. 1225 Section 2. (a) That Article 143 and sections thereof a are hereby renumbered as Article 141. (b) That Article 144 and sections thereof are hereby renumbered as Article 142. Section 3. That Chapter 18 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : CHAPTER 18 PERSONNEL SYSTEM ARTICLE 181. GENERAL 182 . PERSONNEL BOARD 183 . COMPETITIVE SERVICE 184. POLITICAL ACTIVITIES-CITY EMPLOYEES 185 . SEVERA_BILITY Section 4. That the following sections are hereby added to Article 181 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE .181 GENERAL Section 1811. Adoption of personnel System: In order to establish 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; and to provide a reasonable degree of opportunity for qualified employees, the following personnel system is hereby adopted. Section 1812 . Personnel Officer: The City Administrator shall be the Personnel Officer and as Personnel Officer shall administer all the provisions of this ordinance and of the personnel rules not specifically reserved to the City Council or Personnel Board. Section 1812.1. The Personnel Officer may delegate any of the duties conferred upon him by this ordinance to any other officer or employee, or may recommend to the City Council that such duties be performed under contract by a qualified person or agency. . Section 1812.2 . The_: Personnel Officer shall prepare and recommend to the City Council Personnel Rules and revisions and amendments to such rules . -2- Ord. No. Section 5. That Article 182 is hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : ARTICLE 182 PERSONNEL BOARD Section 6. That the following sections are hereby added to Article 182 of the Huntington Beach Ordinance Code to read in words and figures , as follows : Section 1821. Personnel Board: There is hereby creat- ed a Personnel Board to consist of five (5) members, to be appointed by the City Council. Section 1821.1. The first Board to be appointed shall at its first meeting, so classify its members by lot that one shall serve for a term which shall ex- pire one year from date of appointment, one shall serve for a term which shall expire two years from date of appointment, one shall serve for a term which shall expire three years from date of appointment, and two shall serve for a term which shall expire four years from date of appointment. At the ex- piration of each of the terms so provided for, a successor shall be appointed by the City Council for a term of four years . The Personnel Board shall adopt rules of procedure and shall select a chairman from its members who shall act as presiding officer. Section 1821. 2. Vacancies on the Board shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until his successor is appoint- ed and qualified. Section 1821. 3. F6ur=dff'ii�mativ' e votes- of.�the' total--member- ship of the City Council shall be .required to appoint a mem- ber of the Personnel Board or to remove any member of the Personnel Board from office prior to the expiration of his term. Section 1821.4. Members of the Personnel Board shall be qualified electors of this City. No person shall be appointed to the Board who holds any sal- aried office or employment of the municipal corporation. Section 1822. Duties of the Personnel Board. The Per- sonnel Board shall determine the order of business for the conduct of its meetings and shall meet on the call of the Chairman or majority of the Board members. Ord. No. Section 1822.1 The function of the Board shall be as providey ,�Fe City 7arter to near .appea ,s submitted by any persoq 'pn in the service 'of `the ,City 'relative to any suspension over 30 days , -dismissal or demotion and to cer- tify its findings and recommendations as provided in the Personnel Rules and Regulations. Sedtion 1822 '2. ' The Personnel Board, when requested by the City Council tt the City Administrator may investi- gate and make recommendations to the City Administrator and. to the City Council by means of presentation by, the City Ad- ministrator, -on any matter, of Personnel policy. Section 7. That Article 183 is hereby added to the Huntingt6n Beach Ordinance Code to read in words and figures , as follows : ARTICLE 183 COMPETITIV.8 'SERVICE Section 8. That the following sections are hereby added to -Article 183 of the Huntington Beach Ordinance Code, to read in words and figures., as follows : Section 1831. Competitive Service. The provisions of this Ordinance shall apply to all offices , positions and employments in the service of the City, except: (a ) Elective Officers. (b) Members of appointive boards , commissions , and committees. (c) Persons engaged under contract to supply ex- pert, professional, technical or other services. (d) Emergency employees who are hired to meet the - .- immediate requirements of an emergency. (e) Employees who are employed less than half time which is hereby defined as employees who are expected to be paid for less than 1040 hours in any one fiscal year. (f ) Temporary employees. 4. Ord. No. Section 1832. Adoption and Amendment of Rules . Per- sonnel Rules and Regulations shall be adopted and amended by resolutions of the City Codncil. The Rules and Regulations shall establish specific procedures and regulations governing the operation of the personnel system including: (a ) Preparation, installation, revision, and main- tenance of a position classification plan cov- ering all positions in the competitive service, including minimum employment standards and mini- mum qualifications for each class. (b) Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate of. range pay for each class . (c) Public announcement of all tests and acceptance of applications for employment. (d) Preparation and conduct of tests and the estab- lishment and use of resulting employment lists containing names of persons eligible for appoint- ment. (e) Certification and appointment of persons from employment lists , and the making of temporary and emergency appointments . (f) Evaluation of employees during the probationary period and prior to any merit increase of salary. I (g) Transfer, promotion, demotion, and disciplinary 1. 1 action of employees in the competitive service. (h) Separation of employees from the city service. (i ) Standardization of hours of work attendance, and leave regulations, working conditions and the development of morale, welfare, and train- ing. ( j ) The establishment of adequate personnel records. (k) The establishment of grievance and appeal pro- cedures. (1) Establishment of a probationary period. Ord. No. Section 1823. Appointments. Appointments to vacant positions, in the competitive service shall be made in accordance with the Personnel Rules and Regulations. Appointments and promotions shall be based:. on merit and fitness to be ascertained so far as practicable by competitive-examination. In any examination the Personnel Of- ficer may include, in addition to competitive tests , a qualifying test or tests, and set minimum standards therefor. Section 1834. Status of Present Probationary Employ- ee. Any person who on the effective date of this ordinance has not completed a probationary period shall complete such probationary period computing such period from the date of appointment. Section 1835. Demotion' Dismissal , Reduction in LM9 7u-spension: Any department head with -the approval Of the City Administr-ator shall have the right, for due cause, to demote, dismiss ' reduce in pay, or suspend without pay- for not more than thirty (30) working days , any permanent or probationary employee, in accordance with the Personnel Rules and Regulations. Section 1836. Right of Aopeal : Any employee in the competitive service shall have the right to appeal to the Personnel Board any suspension for more than thirty (30) working days, demotion, or removal except in those instances Where the right of appeal is specifically prohibited-by-this Ordinance or the Personnel Rules and Regulations. Section 1837. Discrimination: No person in the com- petitive service, or seeking admission thereto, shall be .em- ployed, promoted, demote-d' or discharged, or in any way favored or discriminated against because of political opinions or af- filiations or because of race, color, ancestry, national origin, or religious belief. Section 9. That Article 184 is hereby added to the Huntingt6n Beach Ordinance Code to read in words and figures , as follows :- ARTICLE- 184 POLITICAL ACTIVITIES-CITY EMPLOYEES Section 10. That the following sections are hereby added to-Arbicle 184 of the Huntington Beach Ordinance Code to read in words and figures' as follows : 6. Ord. No. Section 1841. Political Activities of City LiE�10 ees': This section applies to all officers'-and employees of the competitive service. Section 1841.1 Solicitation or receiLot of political contributions from other emj2loyees : An officer of employee of the City shall not, directly or indirectly, solicit or receive political funds or contribu- tions, knowingly, from other officers or employees of the City or from persons on the employment lists of the City Section 1841. 2 Use of place occupied for government- al purposes to make or give notice Of political contribution: Section 1841. 2.1 Every officer or employee of the City shall prohibit the entry into any place under his control, occupied and used for the gov- ernmental purposes of the City, of any person, for the pur- pose of therein maklhg, or giving notice of any political assessment, subscription, or contribution. Section 1841.2. 2. DiY in any such place described in subsection (1) of this sec- tion for the purpose of th6rein making, demanding, or giving notice of any political assessment, subscription, or contrib- ution. Section 1841. 2.2. This section shall not apply to any auditorium or other place used for the conduct of public or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental pur- poses of said City. Section 1841.3. Use or threat to use political auth- ority or influence. No one who holds, or who is seeking election or appointment to any of- fice or employment in the City shall, directly or indirectly, use, promise, threaten or attempt to use, any office, author- ity or influence, whether then possessed or merely anticipat- ed, to confer upon secure for any person, or to aid or ob- struct any person in securing or to prevent any person from securing any position, nomination, confirmation, promotion, change in compensation or position, within the City, upon consideration or condition that the vote or political influ- ence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer or party or upon any other corrupt,,condition or consideration. Section -1841.4 Political -activity while in uniform:_ No officer or employee of the CI.ty shall participate in political activities of any kind while ' he is in uniform. 7- Ord. No . 1225 Section .1841.5 . Par.ticipation in campaign for--office in the ..City or in recall election by employee in non-exempt position. No officer or employee whose position is not exempt from the operation of the personnel system of the City shall take an active part in any campaign for or against .any candidate, except himself, for an officer of such City, or for or against any ballot measure relating to the recall of any elected official of the City. Section 11. That Article 185 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 185 SEVERABILITY Section 1851. Severability: If any section, sub- section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or of the Personnel Rules and Regula- tions, or any part thereof, is, for any reason, held to be unconstitutional, such decision shall not affect the validi- ty of the remaining portions thereof. The City Council hereby declares that it w uld have passed this Ordinance and the Personnel Rules and Regulations, and each section, sub- section, subdivision, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sec- tions, subsections, subdivisions, paragraphs, sentences, clauses; or phrases be declared unconstitutional. Section 12. The City Clerk shall certify to the pas- sage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. . PASSED AND ADOPTED by the City Council° of the City of Huntington Beach, California, this 5th day of July, 1966. Z�t ., Mayor ATTEST_ �- -; APPROVA AS TO 0 City P."erk Cl t orne -8- Ord. No . STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , PAUL C . JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20 day of June , 19 66 , and was again read to said City Council at a regular meeting thereof held on the 5 day of July , 19 66 , and was passed and adopted by the affirmative vote of more than. a majority of all the members of said City Council . AYES : Councilmen: Coen, Bartlett, Green, Shipley, Kaufman., Stewart NOES : Councilmen: None ABSENT : Councilmen: Gisler I, PAUL C. JO,ILS, :.t ='i CLERK of the City cli Beach: and e,: orricio �;ie►,-' of the City d•i) heresy certify that City Clerk and ex-officio Clerk this ordigance has been published 4.of the City Council of the City it the Hunting-con each News On of Huntington Beach, California / 19-�� accorda with the City Charter Of s t;ity. - - ! C-*- � :.. GG — City Clerk i ----------- ` ����ClDeputy City C erk