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Ordinance Number 70265= ORDINANCE NO. 70 AN ORDINANCE OF THE CITY OF SAN JUAN CAP- ISTRANO, ESTABLISHING A PERSONNEL SYSTEM. The Gity Council of the City of San Juan Capistrano does ordain as follows: SECTION 1. ADOPTION OF PERSONNEL SYSTEM. In order to establish an equitable and uniform procedure for dealing with per- sonnel 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 here- by adopted. SECTION 2. PERSONNEL OFFICER. The City Administrator shall be ex -officio personnel officer. With the ap- proval of the council, the City Administrator 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 or may recommend that such powers and duties be performed under contract as provided in Section 20, of this ordinance. The City Administrator as ex officio Personnel Officer, 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 specifications, 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 service. The plan, and any revisions thereof, shall become effective upon approval by the council. SECTION 3. PERSONNEL BOARD. There may be created a Personnel Board to consist of five members, to be appointed by the Council. Otherwise, the City Council shall act as the Personnel Board. Should the City Council initiate and establish such a Board, the first Board 269 to be appointed shall, at its first meeting, so classify its members by lot, that one shall serve until the following January 15th, one shall serve until the second following January 15th, one shall serve until the third following January 15th, and two shall serve until the fourth January 15th following their appointment. At the expiration of each of the terms so provided for, a successor shall be appointed by the Council for a term of four years. The Mayor shall designate the chairman of the first Board to be appointed, and annually thereafter, during the month of Jan- uary, the Board shall elect from among its members a chairman to serve for one year; Vacancies on the Board shall be filled by appointment by the Council for the unexpired term. Each member shall serve until his successor isappointedand qual- ified. A majority vote of the Council shall be required to appoint a member to the Personnel Board, but a four-fifths vote shall be necessary to remove any member of the Personnel Board from office prior to the expiration of his term. Members of the Personnel Board shall be registered voters of this city. 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 as required or hold Special meetings as pro- vided by the Government Code. Three members of the Board shall constitute a quorum for the transaction of business. The functions of the Board 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, dis- missal, 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 the Board, 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 the person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the Personnel Board shall have the power to administer oaths to witnesses. (c) To publish or post notices of examinations for positions in the competitive service; to receive applications therefor; to conduct and score examinations; to cer- tify to the appointing power a list of all persons eligible for the appointment in 270 the appropriate class in the competitive service. The Personnel Board shall cause the duties imposed upon it by this subdivision to be performed by the City Clerk except the duty to conduct and score examinations which shall be performed for the Personnel Board by the City Administrator unless the City Administrator shall cause the City Clerk to conduct and score examinations. (d) When requested by the Council or the City Administrator, the Personnel Board shall hold the hearings and make recommendations on any matter of personnel administration, within the limits of a request of the City Council or the City Administrator. SECTION 5. COMPETITIVE SERVICE. The provisions of this ordinance shall apply to all offices, positions and employments in the service of the City, except: (a) Elective officers, City Administrator, and heads of Departments. (b) Members of appointive boards, commissions and committees. (c) Persons engaged under contract to supply expert, professional or tech- nical 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 SECTION 6. ADOPTION OF RUIES. Personnel rules, prepared by the City Administrator 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 class- ification plan covering all positions in the competitive service, including employ- ment -standards and{:qualifications for each class. (b) Preparation, revision, and administration of a plan 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 employment. (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 271 making of temporary and emergency appointments. (f) Evaluation of employees 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, work- ing conditions and the development of employee morale, welfare, and training. (j) Suitable provision for orderly and equitable presentations to the City Administrator and to the City Council by 'employees relating to;general conditions of employment. (k) Content, maintenance, and use of personnel records and forms. 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 ascertained so far as practicable by competitive examin- ations. Examinations shall be used and conducted to aid in the selection of qual- ified employees, and shall consist of such recognized selection techniques as achievement and aptitude tests, and other written tests, personal interview, per- formance tests, evaluation of daily work performance, work sampler, or any combin- ation 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 compet- itive tests, a qualifying test or tests, and set minimum standards therefor. Appointments shall be made to the individual,departments by the head of the department in whom the power to make appointments is vested by law. Appointments, in any event, shall be subject to the approval of the City Council. When appointment is to be made to a vacancy in the competitive service, the City Clerk 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 employment lists, a temporary appointment may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established 2'72 within six months for any permanent position filled by temporary appointment. The City Administrator with the approval of 4/5 0£ the City Council, may extend the period for any temporary appointment to a temporary position for not more than thirty days, by any one action. When a position is to be filled by temporary appointment, or a temporary appointment is to be extended, the council shall dir- ect the City Clerk to record such action in the minutes of the meeting of the Coun- cil. 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 subject to the provisions of this ordinance and the personnel rules. SECTION 8. PROBATIONARY PERIOD. All regular 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 right of appeal or hearing. 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 dismissed from the city service as provided in this ordinance and the rules. An 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 transferred if, within six months after such promotion k or transfer, action is taken to reject or dismiss him, unless he is discharged in the matter provided in this ordinance and the personnel rules for positions in the competitive service. 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 273 status in the competitive service in the position held on such effective date with- out 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 attendanpe and leaves shall apply to the incumbents of full-time exempt positions. SECTION 11. APPOINTMENTS SUBJECT TO ORDINANCE. The Council, 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 with- out right of appeal, but such suspension shall not exceed a total of thirty calendar days in any fiscal year. A department head not having power of appointment may make disciplinary suspensions in accordance with the personnel rules. SECTION 13. REQUEST FOR HEARING. Any permanent employee in the competitive service who has been demoted, dis- missed, 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 ten (10) days following the action, and he shall have five (5) additional 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 City Administrator, who shall transmit thea to the Personnel Board. Within ten days from the date of filing his answer to the written charges, or in the event 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 274 as provided in this ordinance and by the personnel 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 any decision of the Personnel Board to the City Council relative to any disciplinary action, dismissal, demotion, or alleged violation of this ordinance or the per- sonnel rules; except in instances where the right of appeal is prohibited by this ordinance. Thereupon, the City Council shall make such investigation as it may deem necessary and within twenty days after the request for hearing was filed, the City Council shall hold a hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The City Council shall review the findings and recommendations of the Personnel Board and consider evidences submitted to it by the appellant, and may then affirm, revoke, or modify the action taken, as in its judgment seems warranted, and the action of the City Council 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 compet- itive service and layoff, demote or transfer an employee holding such position or employment without filing written charges and without the right of appeal. Seniority 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 bi laid off prior to the lay-off of 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 position from which lay-off was made. Names of persons laid off shawl be placed upon re-employment lists in order 275 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. SECTION 16. IMPROPER POLITICAL ACTIVITY. Any person holding an office or employment in the competitive service shall not engage in any political activity which shall interfere with his duties of em- ployment. Further, he shall not become a member of any organization which advo- cates the overthrow of the government by force or violence. The violation of any provision of Section 16 is ground for discharge of any officer or employee. SECTION 17, LOYALTY OATH. All prospective employees shall, prior to appointment or employment, be re- quired to take the same loyalty oath as required of elective officials of the City. SECTION 18. DISCRIMINATION 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 race or religious belief, except activity in any organization advocating the overthrow of the government by force or violence. SECTION 19. 30LICITATION 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, subscrip- tion, 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 Administrator shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance 276 of technical services in connection with the establishment or operation of the per- sonnel system. The Council may contract with any 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 amend- ments thereof. (b) The preparation of a position classification plan, and subsequent revis- ions and amendments thereof. (c) The preparation of a plan of compensation, and subsequent revisions and amendments 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 may apprdpriate such funds as are necessary to carry out the pro- visions of this ordinance. SECTION 22. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this ord- inance shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be punishable by a fine of not more than $$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 effect the validity of the remaining portions of this ordinance. The Council here- by declares that it would have passed this ordinance, and each section, subsection, t subdivision, sentence, clause or 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 pub- lished at least once in the Coastline Dispatch; a weekly newspaper of general circulation, published and circulated in the City of San Juan Capistrano and thenceforth and thereafter the same shall be in full force and effect. Adopted and approved this 3rd day of June, 1963. Mayor of the City of San Juan Capistrano ATTEST: City Clerk of the City of San Juan Capistrano 2'77 State of California ) ; County of Orange ) as. City of San Juan Capistrano) I, ERNEST A. THOMPSON, City Clerk -Administrator of the City of San Juan Capis- trano, California, do hereby certify that the attached and foregoing Ordinance was duly and regularly adopted by the said City Council at an adjourned meeting thereof held on the 3rd day of June, 1963, and passed by a majority vote of said Council. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of June, 1963• AYES: Councilmen: Buchheim, Cliff, Durnford, Bathgate, NOES: Councilmen: Olivares ABSENT: Councilmen: None City Clerk of the City of San Juan Capistrano (SEAL)