Ordinance - 556Ord. 1
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ORDINANCE NO. 55(E;
AN ORDINANCE ESTABLISHING A PERSONNEL SYSTEM FOR THE
CITY OF WEST COVINA AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES INCONSISTENT THEREWITH
The City Council of the City of West Covina does ordain as follows:
Section 1. Short Title
This ordinance shall be known as the "Personnel Ordinance". It shall
hereby repeal all ordinances and parts of ordinances inconsistent
herewith.
Section 2. Purpose
In order to establish an equitable, efficient, 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 and retained by the service of West Covina, the following Personnel
Sy -stem is hereby adopted:
Section 3. Personnel Officer
The City Manager shall be ex-officio Personnel Officer. With the
approval of the Council, the City Manager may delegate any of the powers
and duties conferred upon him as Personnel Officer under this ordinance
to any other officer or employee of the city, provided that said other
officer or employee is qualified by education and/or experience to perform
such duties, or the City Manager may recommend that such powers and duties
be performed under contract as provided in Section 21 of this ordinance.
The Personnel Officer shall:
(a) Attend the meetings of the Personnel Board and serve as its
secretary-
(b) Prepare and recommend to the Council as required, revisions and
amendments of the City's Personnel Rules. The City Attorney
shall approve the legality of such revisions and amendments prior
to their submission to the Council and the Personnel Board shall
review and may make any comment it deems appropriate regarding
such revisions and amendments, for the Council and the Personnel
Officer's consideration. Personnel Rules shall be adopted by
resolution.
( c ) Prepare a, position classification and salary plan, including
class specifications and revisions of the plan as required.
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• Such revisions shall be subject to such review by the Personnel
Board as it deems appropriate. The plan and any revisions
thereof shall become effective upon approval by the Council.
The allocation or reallocation of any position to any existing
class shall not be considered a revision of the plan and shall
not require council approval.
(d) Be responsible for administration of the following procedures
within the framework of this ordinance and the Classification
and Salary Resolution and the Personnel Rules:
i. The formulation of standards and qualifications for each
class of position.
ii. The public announcement of vacancies and examinations
and the acceptance of applications for employment.
iii. The preparation and conduct of examinations and the
establishment and use of employment lists containing
names of persons eligible for appointment.
iv. The certification and appointment of persons from
employment lists to fill vacancies and the making of
temporary and emergency appointments.
v. The evaluation of employees during probationary period
and periodically thereafter.
vi. The transfer, promotion, demotion and reinstatement of
employees in the competitive service.
vii. The allocation of positions to classes in the competitive
service, on the basis of duties, responsibilities and
requirements.
viii. The standardization of hours of work, attendance and
leave regulations, working conditions, and the develop-
ment of employees morale, welfare, training and safety.
• ix. The separation from service of employees through layoff,
suspension and dismissal.
x. The maintenance and use of necessary records and forms.
xi. The establishment and maintenance of suitable methods
for effective communication between employees and their
supervisors; between employees and the City Manager;
between employees and the Personnel Board; and between
employees and the Council, relating to conditions of
employment in the City service. The Personnel Board
shall review the above mentioned procedures as it deems
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• necessary and may make any co=ent it deems appropriate
for the Council's and the Personnel Officer's considera-
tion.
(e) Administer all other provisions of this ordinance, the
Classification and Salary Resolution, and the Personnel Rules
established which are not specifically reserved to the Council
or the Personnel Board.
Section I+. Personnel Board
(a) There is hereby created a Personnel Board to consist of five
members, to be appointed by the Council, except that, in the
• event that five persons meeting the qualifications and require-
ments as stipulated in Section 5, paragraph b, of this ordinance
are not available for appointment, the Council may by majority
vote authorize the functioning of the Board with less than five,
but no less than three members until such time as in the
Council's decision such additional qualified persons are available
for a.ppo intment .
(b) The first Board to be appointed shall so classify its members,
by lot, at its first meeting; one shall serve for a, term ending
June 30, 1958; one shall serve for a term ending'June 30, 1959;
one shall serve for a term ending June 30, 1960; and two shall
• serve for a, term ending June 30, 1961. At the expiration of each
of the terms so provided, a successor shall be appointed by the
Council for a term of four years with the exception as provided
above in this section.
( c ) Vacancies on the Board, from whatever cause, shall be filled
by appointment by the Council for the remainder of the unexpired
term.
(d) A majority vote of the Council shall be required to appoint a
Personnel Board Member, but a four -fifths vote of all the
members of the Council shall be required to remove any member
of the Board prior to the expiration of his term.
• (e) The Personnel Board shall elect a. chairman annually at its first
regular meeting.
(f) The Council and each of its members are prohibited from inter-
fering or attempting to interfere directly or indirectly with the
performance of the Board's dutie-s'and.from obtaining or attempting
tb obtain directly or indirectly from any person any agreement
as to how he will.perform any of the duties of a Board Member.
Section 5. &ualifications of Personnel Board Members
(a) No person shall be appointed to, or serve on said Board who holds
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• any compensated public office in the City of West Covina, nor
shall any member of the Board, while on the Board, or for a
period of one year after he has ceased, for any reason, to be
a member of said Board, be eligible for appointment to any
employment or office in the service of the City.
(b) No person shall be appointed to the Personnel Board who is not
qualified, by knowledge of andexperience in the field of public
or business management, to exercise his functions in an enlightened
and proper manner. All Personnel Board members shall endeavor to
keep informed of modern principles and practices in municipal
personnel administration by periodic review of the literature of
• the field and by other appropriate means.
Section 6. Duties and powers of the Personnel Board
The functions of the Board shall be:
( a) to determine the order of business for the conduct of its
meetings, and to hold meetings regularly, and such special
meetings as are necessary, on call of the chairman or a majority
of members of the Board. A majority of the members of the Board
shall constitute a, quorum for the transaction of business.
(b) As provided by the ordinance and by the Personnel Rules, to
• receive and/or hear appeals submitted by any person in the
competitive service relative to any dismissal, demotion,
reduction in pay, or alleged violation of this ordinance or the
Classification and Salary Resolution, or the Personnel Rules
and to certify its findings and recommendations as provided in
this ordinance.
(c) As provided in this ordinance and the rules, to act in an
advisory capacity to the Council and the Personnel. Officer on
personnel matters in the City service.
(d) In any investigation 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
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 testify in answer to such subpoena shall subject
said person to prosecution, in the same manner set forth by law
for failure to appear before the City Council in response to a
subpoena issued by the City Council. Each member of the Personnel
Board shall have the power to administer oaths to witnesses.
(e) ' To continually review the recruitment and selection processes
for the competitive service, including the publishing or posting
• of test notice, the preparation and scoring of tests, and the
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certification of eligibles for appointment, and to make comments
and re commendations regarding such processes to the Personnel
Officer or the Council.
(f) When requested by the Council or the City Manager, the Personnel
Board shall hold hearings and make. recommendations, on .any other
matters of personnel administration, within the limits of the request
by the. Council or the City Manager.
• Section 7. Exempt Service
The provisions of this ordinance, the Classification and Salary Resolu-
tion and the Personnel Rule, shall apply to all offices, employments
and positions in the service of the,City except the following -
(a)
Elective offices
(b)
Members of appointive boards, commissions and committees
(c)
City Manager and Assistant City Manager
(d)
City Attorney
(e)
Director of Public Works
. (f)
Director of Finance
(g)
City Engineer
(h)
Administrative Assistant
(i)
Personnel Officer
(j)
City Manager's Secretary
(k)
Police -Chief
(1)
Fire Chief
(m)
Director of Planning
(n)
Administrative QEficer and Assistant Administrative Officer
(o)
Persons engaged under contract to supply expert, professional
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or technical services for a definite period of time
(la)
Volunteer personnel who receive no regular compensation from
the City
(q)
Limited Service Personnel
(r)
Any new position hereafter created of the department head,
assistant department head, or staff level if it is specified
as exempt by the City Council at the time of creation.
However, the provisions of this ordinance and the classification and salary
resolution pertaining to position classification, attendance, vacations,
and holidays shall apply to all full-time exempt positions. Further, the
provisions of Sections 17, 18, 19, and 24 shall apply to all full-time posi-
tions except elective office.
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Section 8. Appointments
(a) Appointments to vacant positions in the competitive service shall
be based on merit and fitness to be ascertained so far as practica-
ble by competitive examination. Appointments shall be made by
the City. Council, 'the City Manager, ok by the officer in -whom the
power to make appointments is vested by this ordinance.
(b) Vacant position in the competitive service may be filled only by
• appointment from an eligible list, provisional appointment,
transfer, reinstatement or demotion.
(c) When appointment is to be made to a vacancy in the competitive
service, the names of eligible persons willing to accept
appointment shall be transmitted by the Personnel Officer to the
appointing authority in the order in which they appear on the
lists and as provided in the Personnel Rules.
(d) ' The appointing authority shall be the City Council in the case of
appointments to the positions of City Manager and City Attorney
• and shall be the City Manager in all other cases as set forth in
Ordinance No. 432.
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• City Manager's Secretary, Police Chief, Fire Chief and
Director of Planning shall be by open competitive examination
of such content and procedure as recommended by the City
Manager and approved by the City Council.
(c) When appointment is to be made to a vacancy in the competitive
service, the names of eligible persons willing to accept
appointment shall be transmitted by the Personnel Officer to
the appointing authority in the order in which they appear on
the lists and as provided in the Personnel Rules.
(d) The appointing authority shall be the City Council in the case
of appointments to the positions of City Manager and City Attorney
• and shall be the City Manager in the case of department heads
and administrative staff positions. The appointing authority for
positions below the department head level shall be that department
head. Appointments below the department head level shall be
with the approval of the City Manager.
(e) In the absence of appropriate employment lists, a provisional
appointment may be made by the appointing power of a person
meeting the qualifications for employment for the position. An
employment list shall be established within six months for any
permanent position filled by provisional appointment. No person
shall be employed by the City under provisional appointment for
• a total of more than six months in any fiscal year except that
the City Manager may with approval of four -fifths of the Council,
extend the period of any provisional appointment for not more
than thirty days by any one action.
No special credit shall be allowed in any examination or the
establishment of any employment or promotional lists, for
service rendered under a provisional appointment.
(f) Appointments to temporary, emergency and seasonal positions may
but need not be made from eligible lists and those appointed
shall not be in the Competitive Service. Appointments of this
type shall include temporary employment for the replacement of
• employees on leave of absence or vacation, emergency appointments
to meet emergencies which threaten life, property or the general
welfare of the city, or for work seasonal in nature.
(g) During the period of suspension of any employee, or pending
final action on proceedings to review the suspension, demotion
or dismissal of an employee, the vacancy created may be filled
by appointing authority only by temporary appointment.
Section q. Examinations
(a) All applicants for positions in the classified service shall be
subject to an appraisal of their qualifications as provided in
• the Personnel Rules.
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(b) Examinations may be specified by the Personnel Officer, with
40 the approval of the Personnel Board, as promotional only, as
open only, or as both open and promotional. It shall be the
policy of the Personnel Officer and the Personnel Board to
encourage the general practice of promotion within the City
service wherever in their view a sufficient number of fully
qualified candidates are available and such policy will continue
to contribute to a sound and efficiently operating City
organization.
(c) Honorably discharged veterans of the Armed Forces of the United
States, as defined in the applicable statutes and regulations of
• the State of California pertaining to veterans' preferences may
be given five per centum, or points, which shall be added to the
earned total passing examination score in examinations for
entrance into the classified service. No additional points shall
be credited to any veteran's scores on any promotional examination.
Section 10. Conditions of Employment
(a) The City shall have the right to require all employees to
complete and submit any applications, agreements, or statements
pertinent to their employment, as stipulated by decision of the
City Council.
• (b) The City shall have the right to require at the expense of the
City a physical examination of any applicant for employment or
new employee and in addition shall have the right to require
periodic medical examinations of any or all City employees.
Section 11. Probationary Period
(a) All original and promotional appointments shall be for a pro-
bationary period of not less than six months nor more than one
year. During the probation period the employee may be rejected
at any time without right of appeal or hearing.
(b) An employee rejected during the probationary period from a position
• to which he has been promoted shall be reinstated to the position
from which he was promoted, unless he is discharged for a reason,
as provided in this ordinance and the rules, which would have been
sufficient to cause his discharge from his former position as
well. In such case the employee shall be entitled to appeal his
dismissal as provided in this ordinance.
(c) Any employee in the competitive service promoted or transferred
to a position not included in the competitive service shall be
reinstated to the position from which he was promoted or trans-
ferred, if, within six months after such promotion or transfer
action is taken to reject or dismiss him, unless he is discharged
for cause as provided in paragraph (b) of this section and in the
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• manner provided in this ordinance and the rules established
for positions in the competitive service.
(d) An employee's status shall be considered permanent upon completion
of the probationary period only if the appointing authority re-
ports to the Personnel Officer that the services of the employee
have been satisfactory and that the employee is recommended for
a permanent appointment.
Section 12. Status of Present Lm 1p oyees
(a) Any person holding.a position or employment included in the
• competitive service who, on the effective date of this ordinance,
shall have service continuously in such position, or in some
other position included in the competitive service, for a period
equal to the probationary period prescribed in Section 10, and
the Personnel Rules for his class, shall assume regular status
in the competitive service In the position held on such effective
date without qualifying examination or working tests, and shall
thereafter be subject in all respects to the provisions of this
ordinance.
(b) Any other persons holding positions or employment in the
competitive 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.
The probationary period shall be computed from the date of
appointment or employment.
Section 13. Appeal Process
(a.) Any permanent employee in the competitive service who has been
suspended, demoted, dismissed, or reduced in pay, shall be
entitled to request and receive a written statement of reasons
for such action. He shall also be entitled, thereafter, to file
a written protest to such reasons and to request a hearing before
the Personnel Board, as provided in the Personnel Rules. The
Personnel Board shall within ten working days investigate the
• case and may grant a hearing as provided in the Rules and
Regulations.
(b) The provisions of this section shall not apply to reductions in
pay which are part of a general plan to reduce salaries and wages
as an economy measure.
Section 14. Hearings and Findings
(a) Personnel Board hearings need not be conducted according to
technical rules relating to evidence and witnesses.
(b) The Personnel Board shall certify copies of its finding and
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• recommendations to the City Manager, the Personnel Officer, and
other officials from whose action the appeal was made, and to the
appellant employee. The official from whose action the appeal
was made shall then review such findings and recommendations with
the City Manager and upon approval of the City Manager, shall then
affirm, revolve or'modify the original action taken. Such affirmation_.
revocation or modification taken shall then be final.
Section 15. Grievance Procedure
There shall be established in the Personnel Rules a definitive procedure
whereby any permanent employee in the competitive service may be enabled to
secure proper hearing, through prescribed methods, relative to any alleged
. grievance he may have pertaining to an unfair or improper aspect of his
employment situation, or any alleged violation of this ordinance, the
Classification and Salary Resolution and the Personnel Rules; except in
instances where the right of appeal is prohibited by this ordinance.
Section 16. Creation and Abolishment of Positions
(a) The Council shall have authority to create and/or abolish
positions in the City Service.
(b) The incumbent of an abolished position may be laid -off, transferred;
or demoted as provided in the Personnel Rules. Such action shall
• not be subject to the appeal process.
Section 17- Political Activity Prohibited
Employees in the Service of the City shall not:
(a) Seek or accept election, nomination, or appointment as an officer
of a political club or political organization.
(b) Take an active part in a Los Angeles county or West Covina
municipal political campaign.
(c) Serve as members of a committee of such club, organization, or
• c irc le .
(d) Seek signatures to any petition provided for by any law.
(e) Act as workers at the pools or distribute badges, pamphlets,
dodgers, or handbills or any kind favoring or opposing any
candidates for election or nomination to a county or city office.
This Section does not prevent any employee from:
(a) Becoming or continuing to be a member of a political club or
organization.
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(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 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.
Section 18. Solicitation of Contributions
No officer or employee of the. City, or any other person directly or
indirectly shall solicit or receive, or in any manner be concerned in
soliciting or receiving, from anyone on an eligible list or employed
in the Service of the City any assessment, subscription, contribution,
or political service, for aiding or assisting in the campaign for election,
or appointment to any political or official or other position in the City,
. either partisan or non -partisan.
Section 19.. - Discrimination
No person in the competitive service or seeking admission thereto shall
be favored or discriminated against in his employment because of political
affiliations, race, or religious beliefs.
This ordinance shall be deemed to contain the language required by
Sections 45050 and 45051 of the Government- Code subject to the exceptions
contained in Sections 45052, 45053 and 45054 of the Government Code.
• Section 20. Appropriation of Funds
The City Council shall appropriate such funds as are necessary to .carry
out the provisions of this ordinance.
Section 21. - Right to Contract for Special Service
The City Manager shall consider and make recommendations to the Council
regarding the extent to which the City should contract for the performance
of technical services in connection with the development and administration
of any phase of the personnel program and the Council may contract for the
• performance of such services with any qualified person or agency.
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Section .22. Words, Definition and Significance
Words used in this Ordinance in the present tense include the future
as well as the present, words used in the masculine gender include the
feminine and neuter; the singular includes the plural, and the plural
the singular; writing includes printing and typewriting, and the word
"employee" includes appointive officers.
Section 23. Severability
If any section, sub -section, sentence, clause,orphrase of this
Ordinance for any reason is held by a court to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have
passed this Ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any section, sub -section,
sentence, clause, or phrase should be held to be unconstitutional or
invalid.
Section 24. Penalty for Violation
Any person, firm or corporation violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon a conviction thereof
shall be punishable by a fine of not more than $500. 00 or by imprisonment
in the City Jail or County Jail for a period of not more than six months,
or by both such fine and imprisonment.
Section 25. Effective. Date
This ordinance shall take effect on i.., JAN 2 2 1955
• (which is at least 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 West Covina Tribune, a weekly newspaper of general
circulation, published and circulated in the City of West Covina, and thence-
forth and thereafter the same shall be in full force and effect.
• PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 1957.
Jallies W. Kay
M.yor, City of West ovina,
alifornia.
ATTEST:
to
Robert Flotten, City Clerk
I HEREBY CERTIFY that the foregoing ordinance was adopted at a
regular meeting of the City Council of the City of West Covina
held on the 23rd day of December, 1957, by the affirmative vote
of at least three Councilmen, to wit:
AYES: Councilmen Barnes,
NOES: None
ABSENT: None
Brown, Mottinger, Pittenger, Mayor Kay
Robert F otten, City Clerk
of the City of,.We5,t,. Covina,
California