HomeMy WebLinkAboutOrdinances - No. 1477ORDINANCE NO. 1477
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING AND REENACTING LODI MUNICIPAL CODE SECTIONS 2.44.070
THROUGH 2.44.110 RELATING TO THE PERSONNEL BOARD OF REVIEW.
BE IT ORDAINED BY THE LOO1 CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 2.44, Article 11, Sections
2.44.070 through 2.44.110 relating to the Personnel Board of Review are
hereby repealed and reenacted as follows:
2.44.070. Composition of Board - Vacancies.
The Personnel Board of Review created under this Article shall
consist of three members to be appointed by the City Council.
Vacancies on the Personnel Board, from whatsoever cause, shall be
filled by appointment by the City Council. Two of the three members
shall constitute a quorum and may conduct business.
2.44.080. Terms.
The Personnel Board appointed and sworn in on January 18, 1990
shall, no later than June 1, 1990, choose by lots one member whose term
shall expire on January 17, 1991, one member whose term shall expire on
January 17, 1992, and one member whose term shall expire on January 17,
1993. Thereafter, at the expiration of the terms so determined,
successors shall be appointed for terms of three years.
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2.44.090. Qualifications of Members.
The members of the Personnel Board shall be qualified electors of
the City and shall serve without compensation. No person shall be
appointed to the Board who holds any position with the City nor shall
any member while a member of the Board be eligible for appointment to
any position with the City.
2.44.100. Hearing of Appeals.
A. As provided in this Article, by rule adopted hereunder or by
memoranda of understanding between the City and employees' bargaining
units, the Board shall hear appeals by any person in the classified
service relative to any situation involving the employee's status or
conditions of employment, including disciplinary matters.
B. Unless provisions to the contrary contained in any memoranda
of understanding or pertinent law require otherwise, the findings and
actions of the Board are deemed advisory only to the appointing
authority. If memoranda of understanding or law provide differently,
then such findings or actions shall be deemed final action by the City,
and reviewable under administrative mandamus provisions of State law.
2.44.110. Powers of the Board.
A. In any proceeding or hearing before the Board, it shall have
the power to compel the attendance of witnesses and the production of
documents or other evidence, to examine witnesses under oath, to
regulate conduct of proceedings before the Board and to issue subpoenas
in the name of the City. A subpoena issued hereunder shall be served
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by the Police Department and failure to appear may subject the
subpoenaed party to prosecution or other sanctions in the manner set
forth in law for failure to appear before the City Council in response
to a subpoena issued by the City Council.
B. Each member of the Board may administer oaths to witnesses.
Willful failure or refusal of a witness to take the oath or affirmation
may be treated as a contempt.
2.44.120. Procedural Rules.
The Board shall, with the concurrence and approval of the City
Council, adopt procedural guidelines for the conduct of hearings by the
Board.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this 21st day of March
JOHN R. SNIDER
Mayor
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Attest:
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ALICE M. REIMC
City Clerk
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State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No.1477 was introduced at a regular meeting of the City
Council of the City of Lodi held March 7, 1990 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held March 21, 1990 by the following vote:
Ayes :
Noes : Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
Council Members - Hinchman, Olson, Pinkerton, Reid
and Snider (Mayor)
I further certify that Ordinance No. 1477 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to Form
City Attorney
ORD1477/ txta. Olv