Loading...
Ordinance No. 177ORDINANCE NO 177 AN ORDINANCE OF THE CITY OF CYPRESS ESTABLISHING A PERSONNEL SYSTEM The City Council of the City of Cypress does ordain as follows' SECTION 1. 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 as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted SECTION 2. PERSONNEL OFFICER The City Manager shall be ex -officio personnel officer. With the approval of the Council, the City Manager may del- egrate 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 such powers and duties be performed under contract as provided in Section 20 of this Ordinance. The City Manager shall: a Attend all meetings of the Personnel Board and serve as its secretary 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. The City attorney shall approve the legality of such revisions and amendments prior to their submission to the council d. Prepare a position classification plan, including class specifi- cations, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the council. e. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive sery ice. The plan, and any revisions thereof, shall become effective upon approval by the council SECTION 3. PERSONNEL BOARD. There is hereby created a Personnel Board to consist of five members of the City Council. SECTION 4 DUTIES OF THE PERSONNEL BOARD The Personnel 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 three members of the Board Three members of the Board shall constitute a quorum for the transaction of business The functions of theBoard 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, or alleged violation of this ordinance or the personnel rules and to certify its findings and recommendations as provided in this ordinance b In any investigation or hearing conducted by theBoard, 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 to prosecution in the same manner set forth by law for failer to appear before the Council in response to a subpoena issued by theCouncil Each member of the Personnel Board shall have the power to administer oaths to witnesses Ordinance No 177 c To publish or post notices of tests for positions in the competitive service; to receive applications therefor; to conduct and grade tests, to certify to the appointing power a list of all persons eligible for appointment 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 who, as to such duties, shall be subject only to the direction and control of the Personnel Board SECTION 5 COMPETITIVE SERVICE The provisions of this Ordinance shall applyto 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 expert, professional or technical services, for a definite period of time d Volunteer personnel, such as volunteer firemen, who receive no regular compensation from the City e City Attorney f City Manager SECTION 6. ADOPTION OF RULES Personnel rules, prepared by theCity Manager subject to this ordinance and to revision by the Council should be adopted and may be amended from time to time, by resolution of the Council 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 administration of a plan of 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 employement d Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment e Certification and appointment of persons from employment lists, and the making of tempoary and emergency appointments f. Evaluation ofemployees during the probationary period 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 dismissal 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 City Manager and the Council by employees relating to general conditions of employment k. Content, maintenance and use of personnel records and forms. Ordinance No 177 SECTION 7 APPOINTMENTS. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules Appointments and promotions shall be based on merit and fitness to be asceertained so far as practicable 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 Officer, test fairly the qualifications of candidates Physical and medical tests may be given as a part of any examination. In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor Appointments shall be made by the Council, the City Manager, or by the officer in whom the power to make appointments is vested by law. When appointment is to be made to a vacancy in the competitive service, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list. In the absence of appropriate employement lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position An employment list shall be established within six months for any permanent position filled by provisional appointment The Council may, by a four-fifths vote, extend the period of any provisional appointment for not more than thirty days, by any one action 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 meeting of the Council No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a provisional appointment During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointing authority suject to the provisions of this ordinance and the personnel rules. SECTION 8 PROBATIONARY PERIOD All regulm appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six months During the probationary period, the employee may be rejected at any time without the right of appeal or hearing SECTION 9 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 continuously in such position, or in some other position in the competitive 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 personnel 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 10 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. Ordinance No 177 SECTION 11. APPOINTMENTS SUBJECT TO ORDINANCE. The Council, the City Manager and any other officer 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 12 SUSPENSION. Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power and without right of appeal, but such suspensions shall not exceed a total of thirty calendar days in any fiscal year. A department head not having the power of appointment may make disciplinary suspensions in accordance with the rules SECTION 13. REQUEST FOR HEARING 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 three working days following the action, and he shall have three 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 days from the date of filing his answer to the written charges, or in theevent such written charges have not been made available to him within the time prescribed, then within ten 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 Personnel Board The Personnel Board shall then investigate the 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 a part of a general plan to reduce salaries and wages. SECTION 14 RIGHT OF APPEAL Any employee in the competitive service shall have the right to appeal to the Personnel Board relative to any disciplinary action, dismissal, demotion, or alleged violation of this ordinance prohibited by this ordinance. Thereupon, the Board shall make such investigation as it may deem necessary and within twenty 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 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 or other official from whose action the appeal was taken 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 shall be final SECTION 15. 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 transfer an employee holding such position or employment without filing written charges and without the right of appeal Seciority 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 or any probationary or permanent employee For the purpose of determining order of lay off, total cumulative time shall include time served 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, require basically the same qualifications and duties and responsibilities or those of the class of positions from which lay off was made Names of persons laid off shall be placed upon re-employment lists in order of their competency, and shall remain on such lists for a period of two years unless re-employed sooner For re-employment purposes, competency of a person laid off shall be determined by the head of the department in which such person worked. (lrlinanra Mn 177 SECTION 16. 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 municipal political campaign. c. Service as a member of a committee of such club, organization or circle d. Act as a worker at the polls or distribute badges, pamphlets, dodgers, or handbills or any kind favoring or opposing any candidate for election or nomination to a city office SECTION 17. ACTIVITIES NOT AFFECTED This ordinance does not prevent any officer or employee from a Becoming or continuing to be a member 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 or appointment to a public office other than an elective office in the City of Cypress e. Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions f. 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 provisions of Section 16 or 17 is ground for discharge of any officer or employee. SECTION 18 DISCRIMINATION No person is 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 becuase of race or religious belief SECTION 19 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 purpose affecting his working conditions, from any person other than an officer or employee in the competitive service SECTION 20 RIGHT TO CONTRACT FOR SPECIAL SERVICE The City Manager shall consider and make recommendations to the City Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment of operation of the personnel system The council may contract with <'" qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this ordinance. a The preparation of personnel rules and subsequent revisions and amendment thereof 0rdinancP Tin 177 b The preparation of a position classification, and subsequent revisions and amendment thereof c The preparation of a plan of compensation, and subsequent revisions and amendment thereof d The preparation, conduct and grading of competitive tests e Special and technical services of advisory or informational character on matters relating to personnel administration SECTION 21. APPROPRIATION OF FUNDS. The Council shall appropriate such funds as are necessary to carry out the provisions of this ordinance SECTION 22. 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 23. 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 ordinance, and each section, subsection, 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 24. EFFECTIVE DATE PUBLICATION This Ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the Enterprise, a weekly newspaper of general circulation, published and circulated in theCity of Cypress, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED this 8th day of July, 1963 ATT T. F RNE S. PHILLIPS, CITY CLERK FRANK P NOE, MAYOR Ordinance No. 177