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HomeMy WebLinkAboutOrdinance #2377 ORDINANCE NO. 2377 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 2. 72. 050 THROUGH 2. 72.090 ; AND ADDING THERETO NEW SECTIONS 2. 72.050 THROUGH 2. 72. 090 ESTABLISHING A PERSONNEL COMMISSION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 2. 72. 050 through 2. 72. 090 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto Sections 2. 72. 050 through 2. 72.090 to read as follows : 2. 72. 050 Commission created. There is hereby created a personnel commission to consist of five (5) members. 2. 72. 060 Commission--Members--Terms. The members of the personnel commission shall be appointed by the city council from the electors of the city. No member shall hold any paid office or employment in the city government while serving on the com- mission or for one (1) year after ceasing to be a member. Members shall be subject to removal by motion of the city council, adopted by the affirmative votes of a majority of the total membership thereof. The members thereof shall serve for terms of four (4) years and until their respective successors are ap- pointed and qualified. The terms shall be staggered so that the number of terms expiring in any year shall not vary by more than one from the number of terms expiring in any other year. Such terms shall expire on June 30 of the appropriate year. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the unexpired term. The members of the personnel board who hold office as of the effec- tive date of this section shall continue to serve the terms for which they were appointed as members of the personnel commission. 2. 72. 070 Commission--Functions and duties . The personnel commission shall have the power and be required to : (a) Act in an advisory capacity to the city council and RCS :ahb 5/16/79 1. city administrator on personnel administration; (b) Make any investigation upon request of the city council concerning the administration of the personnel system and report its findings to the city council and city administrator; (c) Hear appeals on grievance matters for final decision except for such matters as may be submitted to final and binding arbitration; (d) Hear appeals from industrial disability retirement determinations made by the personnel director; (e) Hear appeals from decisions of the personnel director made pursuant to the employer-employee relations resolution; (f) Determine hearing procedures and select hearing officers and advisory arbitrators for hearings ; (g) Review impasse matters as provided in the employer- employee relations resolution; (h) Review charges alleging discrimination brought by employees or applicants for employment; and (i) Perform such other personnel duties and functions as may be prescribed by ordinance or resolution. 2. 72.080 Meetings--Chairperson. As soon as practicable following the first day of July of each year, the personnel commission shall elect one of its members to serve as chair- person of the commission. The city administrator shall designate a secretary for the personnel commission who need not be a member of such commission, and who shall keep a record of its proceedings and transactions. The personnel commission may prescribe its own rules and regu- lations subject to the approval of the city council. Copies of such rules shall be kept on file in the office of the city clerk where they shall be available for public inspection. 2.72.090 Oaths--Affirmations . Each member of the personnel commission and the secretary thereof shall have the power to administer oaths and affirmations in any investigation or pro- ceeding pending before such commission. SECTION 3. The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Municipal Code relating to the same subject 2. matter shall be construed as restatements and continuations and not as new enactments. The Personnel Commission shall suc- ceed to all the powers , rights and duties of the Personnel Board, and wherever there is a reference to the "Personnel Board" in ordinances , resolutions, agreements and other documents , it shall be deemed to read "Personnel Commission." SECTION 4. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach Independent , a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of June 1979. Mayor ! ATTEST: APPROVED AS TO FORM: i City Clerk City Attorney REVIEWED AND APPROVED: r ty Administrator 3. Ord. No. 2377 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 4th day of June 19 79 and was again read to said City Council at a regular meeting thereof held on the 18th day of June , 19 79 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California f, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Counci do he eby ce=tity that a synopsis of this ordinance has been published in the Huntington Beach lndep dent on p ,: 0 19 7 in accord ce with the City Charter of said City. ALIGIA M. WEN MORTH ... . ..... City Clerk Deputy City Cierk