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HomeMy WebLinkAboutOrdinances - No. 474Lodi, California ORDINANCE NO. 474 AN ORDINANCE OF THE CITY OF LODI CREATING AND ESTABLISHING A PER- SONNEL SYSTJDI AND REPEALING OR- DINANCES N0.776 30. 305 The City) Council of the City of Lodi does ordain as follow. Section 1. ADOPTION OF PERSONNEL SYSTEM. Pursuant to the authority granted to the legislative body of any city within tht State of California under the provisions of Chapter 1, Division 5, Title 4, of the Government Code, and in order to establish an equitable and uniform procedure for dealing with personnel matters,and to place municipal employment on a merit basis so that the best qualified persons available shall be brought into service of the City, the following personnel system is hereby adopted, and the provisions of thiS ordinance shall apply to all offices, positions and employments, Sectipn 2. CLASSIFIED SERVICE. The classified service shall consist of all employees except: (a) Officers appointed by the City Council ( b) Department heads ( c) All part-time employees (d) Zmployees paid on an hourly or per diem basis and employees who do seasonal work, -1- . Section 3. STATUS OF PRESENT EMPLOYEES. Any person holding an office, position or employment included in the classified service who, on the effective date of this ordinance, shall have served continuously in such position for a period of at least six months immediately prior to such effective date, shall assume regular status in the classified service in the position held on such effective date without preliminary examination or work- ing tests and shall thereafter be subject in all respects to the provisions of this ordinance. Any other persons holding positions or employments in the classified service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before obtaining regular status. Section 4. APPOIXTIKG AUTHORITIES. The appointing auth- orities are the City Council, in the case of the City Manager, City Attorney, City Clerk and City Treasurer, the Library Board, in the case of Library employees, and the City Manager, for all other employees. These appointing authorities, in whom is vested by law the power to make appointments, transfers, promo- tions, demotions, reinstatements, lay-offs, and to suspend or ' dismiss employees, shall retain such power, subject to the pro- visions of this ordinance and the rules established hereunder, Section 5. CITY KANAGER. The City Manager shall: (a) Administer all provisions of this ordinance and the rules established hereunder not specifically reserved to other authorities. (b) Attend all meetings of the Personnel Board. -2- (.c) Formulate rules and regulations and amendments, to be approved by .resolution of' the City Council, establishing specific procedures to govern all phases of the personnel pro- gram, '. to include : The preparation, installation, revision and maintenance of a position classification plan. The preparation, installation, revision and maintenance of a salary and wage plan, The public ahnouncement of vachncies and examinations and the acceptance of applica- tions for employment. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment. The certifications and appointments of persons from ernptoyment lists to fill vacancies and the making of temporary and emergency appoint- ments * The evaluation of employees during the pro- ba-Lionary period. The transfer, promotion and demotion of employees The separation from the service of employees through lay-off, suspension, dismissal and for incapacity to perform required duties. The standardization of hours of work, atten- dance and leave regulations, working -3- conditions and the development of employee morale, welfare and training. (10) The maintenance and use of necessary records and forms, Section 6. PERSODIWEL BOARD OF REVIEM. There is hereby created a Personnel Board of Review which shall consist of three members to be appointed by the City Council. shall supersede the Board created under the provisions of Ordinance No. 276. Vacancies on the Personnel Board, from whatever cause, shall be filled by appointment by the City Council. This Board The first Board to be appoifited hereunder $ha11 at it& first meeting so classify its members by lot that one shall serve for a term which shall expire June 30, 1955, and two shall serve for a term which shall expire June 30, 1957. the expiration of the terms so determined, successors shall be appointed for a term of four years. At The members of the Personnel Board shall be qualified electors of said City and shall serve without compensation, . No person shall be appointed to said Board who holds any posi- tion with the City of Lodi, nor shall any member while a member of the Board be eligible for appointment to any position with the City of Lodi. Section 7. DUTIES OF THE PERSONNEL BOARD. As provided by this ordinance and by rule, the Board shall hear appeals submittec by any person in the classified service relative to any situ- ation connected with his employment status or condition of em- ployment, and shall submit a written statement of facts, -4- findings and recommendations to the appointing, authority from whose action or decision the appeal was made. tions shall be advisory only. of the Board and any action taken by the appointing authority shall be final and conclusive and shall not be reviewable in Such recommenda- The findings and recommendations any court, ' Section 8. POliER TO SUBPOENA WITNESSES. In any investiga- tion or hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoena issued in the name of the City. 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 testify in answer to such a subpoena shall subject said person to prosecution in the manrrer set forth by law for failure to appear before the City Council in response to a sub- poena issued by the City Council. Each member of the Personnel Board shall have the power to administer oaths to witnesses. Section 9, POLITICAL, RACIAL AND RELIGIOUS DISCRININATIOM. No person 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 opin- ions or affiliations or because of race or religious belief, Section 10, POLITICAL ACTIVITY. Any person holding an office or employment In any department placed by the legislative body under a merit system or civil service system 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 cotinty or municipal political campaign. -5- (c) Serve as a member of a committee of such club, organization or circle, (d) Seek signatures to any petition ppovided for by (e) 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 county or city office. This section does not prevent any officer or employee from: (a) i3ecoming or continuing to be a member of a politi- cal 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 public office. (e) Seeking signatures to any iriitiative 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 hand- bills 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 i~z the uniform required in any department of the City government, The practice of making gifts or rendering uncompensated service to any officer or employee of the City where such action could or might affect the donor's status in the City employment is prohibited. - 6- Section 11. PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guiity of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than #500,00 or by imprisonment in the City Jail for a period of not more than six months ar by both such fine and imprisonment. addition, violation of any provision herein contained by an employee of the City of Lodi shall be deemedto be sufficient grounds for discharge, suspension, fine, demotion or other disciplinary action. In Section 12, CONFLICTING PROVISIONS REPEALED. Ordinances Nos. 276, 305 and all sther ordinances and resolutions of the City of Lodi, sections, or sentences thereof, in conflict with this ordinance and any rules and regulations promulgated here- under are hereby declared repealed, Section 13. SEVEkABILITY. If any portion of this ordinance is for any reason held to be unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and every portior?. thereof irrespective of the fact, that any portion be declared unlawful or unconsitutional. Section L$,. EFFECTIVE CATE, This ordinance shall take . effect; on and after --.--- I, HENRY A. 'GLAVES, JR. , Clty Clerk of the City of Lodi and ex-officio Clerk of the City Council of said City, do hereby certify that the foregoing Ordinance No. 474 was introduced in regular meeting of said City Council held January 7, 1953, and was thereafter passed, adopted and ordered to print at a regular meeting of the City Council held January 21, 1953, by the following vote: AYES : Councilmen, Richey, Rinn, and Robinson NOES : Councilmen, None ABSEMT: Councilmen, Preszler ,and Haskell I FURTHER CERTIFY that Ordinance No. 474 was approved and signed by the lvlayor gro tern on the date of its passage and has been published pursuant to law. HENRY A. GLAVES , JR. City Clerk - -- ---- - - -- -- - - - --- - - - - - -- - --- - - LODI NEWS-SENTIlVEL - Publish one time, January 28, 1953 Furnish affidavit and 20 copies. H.A.G.