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Ordinance No. 55610 ORDINANCE N0. 556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 18 OF THE CYPRESS CITY CODE RELATING TO THE ESTABLISHMENT OF A PERSONNEL SYSTEM. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 18 of the Code of the City of Cypress hereby is amended to read as follows: CHAPTER 18 PERSONNEL Section 18 -1. Purpose of chapter; 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 security for qualified employees, the personnel system set out in this chapter is adopted. Section 18 -2. Applicability of chapter. The provisions of this chapter shall apply to all offices, positions and employments in the service of the City, except the following: (a) Elective officers; (b) Members of appointive boards, commissions, and committees; (c) Persons engaged under contract to supply expert, professional or technical services; (d) Volunteer personnel (such as volunteer firemen); (e) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood, earthquake, or crime, which threatens life or property; (f) The City Manager; (g) The City Attorney; (h) Heads of departments; and (i) Assistants to the City Manager, whether executive or clerical, as designated by the City Manager. Section 18 -3. Personnel Officer - designated; delegation of powers and duties. The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon hint as personnel officer under this chapter to any other officer or employee of the City and may recommend that such powers and duties be performed under contract. 11 Section 18 -4. Same -- Powers and Duties. The Personnel Officer shall have the following powers and duties: (a) To attend all meetings of the City Council of which notice is given to the Personnel Officer that personnel matters are to be considered. (b) To adminster all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council; (c) To prepare and recommend to the City Council revisions and amend- ments to the personnel rules; (d) To prepare a position classification plan, including class speci- fications, and revisions of the plan, which plan, and any revisions thereof, shall become effective upon approval of the City Council; (e) To prepare a plan of compensation, and revisions thereof, cover- ing all classifications in the competitive service, which plan, and any revisions thereof, shall become effective upon approval by the City Council; and (f) To provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving of applications therefor, the conducting and grading of tests and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate posi- tion in the competitive service. Section 18 -5. Functions of City Council in personnel matters. The functions of the City Council regarding personnel matters shall be as follows: (a) As provided by this chapter and by the personnel rules, to hear appeals submitted by any person in the competitive service relative to any disciplinary action, and to certify its findings and recommendations as provided in the personnel rules; and (b) To investigate, hold hearings and take action on any matter of personnel policy. Section 18 -6. Adoption and scope of personnel rules. Personnel rules shall be adopted, and may be amended from time to time, by resolution of the City 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 compensa- tion 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 applica- tions for employment; (d) Preparation and conduct of tests and the establishment 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 provisional, temporary and emergency appointments; (f) Evaluation of employees during the probationary period; (g) Transfer, promotion, demotion, disciplinary action, layoff, and reinstatement of employees in the competitive service; - 2 - j ction 18 -6. Adoption and scope of personnel rules. (Continued) (h) Separation of employees from the City service through layoff, suspension and discharge. (i) Standardization of hours of work, attendance and leave regula- tions, working conditions and the development of employee morale, welfare and training; (j) Suitable provision for orderly and equitable presentations to the Personnel Officer and the City Council by employees relating to general conditions of employment; and (k) Content, maintenance and use of personnel records and forms. Any provisions of the personnel rules relating to attendance and leaves shall apply to the holders of full -time exempt positions. Moreover, the City Manager may, by written administrative policy, apply any provision or provi- sions of the personnel rules to any person or position otherwise exempted therefrom. Section 18 -7. Authority to make appointments, promotions, transfers, etc. The City Council, the City Manager and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstate- ments, layoffs and to suspend or discharge employees shall retain such power, subject to the provisions of this chapter and the personnel rules. Section 18 -8, Affirmative Action -- discrimination prohibited. No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged or in any way favored or discrim- inated against because of political opinions or affiliations, or because of race, color, ancestry, national origin, religious belief, sex or age. The Personnel Officer shall provide for the establishment of programs, including trainee programs designed to attract and utilize persons with minimal qualifications, but with poten- tial for development, to provide career development opportunities among members of such disadvantaged groups as handicapped persons, returning veterans, women, or other minority group representatives as may be designated by the Personnel Officer. Such programs may provide for regular appointment upon satisfactory completion of the training period and satisfactory completion of an open competitive examination. Section 18 -9. Improper political activity -- activities prohibited. No person holding an office or employment in the competitive service shall: (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) Serve as a member of a committee of such club, organization or circle; and (d) Act as a worker at the polls or distribute badges, pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or nomination to a City office. Section 18 -10. Same -- activities permitted. This chapter 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; (e) Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service or other work- ing conditions; and 13 Section 18 -10. Same -- activities permitted. (Continued) (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 provision of this section or the preceding section is ground for discharge of any officer or employee. Section 18 -11. Same -- solicitation of contributions, etc. 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 purpose whatsoever from anyone on the employment lists or holding any position under the provisions of this chapter. 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 2: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application hereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 25th day of August, 1975. ATTEST: /.�} CITY/CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OR ORANGE ) Lam"" Q. MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing ordinance was duly adopted at a regular meeting of the said City Council held on the 25th day of August , 1975; by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Sonju, and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo 4 LERK � THE C YrX 0 CITYt-C F CYPRESS