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HomeMy WebLinkAboutNS-1659EJC~ar 10/4/82 ORDINANCE NO. NS-1659 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 9-35.1, 9-37.1, 9-45, 9-118, 9-119; AMENDING SECTIONS 9-36, 9-67, 9-69, 9-90, 9-91, 9-118.1, 9-118.2, 9-118.4, AND REPEALING SECTION 9-118.7 RELA- TING TO PERSONNEL MATTERS; AND DECLARING THE OR- DINANCE TO BE EFFECTIVE ONLY IF PROPOSITION "S" IS ADOPTED BY THE VOTERS OF THE CITY ON NOVEMBER 2, 1982 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Santa Ana Municipal hereby'amended by adding a section, to be numbered which section reads as follows: Code is 9-35.1, Sec. 9-35.1. Promotions. Vacancies in positions of {he higher classes in the civil service of the city shall, as far as practicable, be filled by promotion of employees occupying positions of lower classes having duties and responsibilities which can reasonably be con- sidered as affording training and experience for the performance of the duties of the higher class; provided that the city manager, with the approval of the personnel board, may hold examinations for positions of such higher classes on the basis of open competitive examinations or both open and promotional competitive examinations in the manner provided in the civil service rules and regulations. Eligibility for promotional examination shall be subject to civil service rules and regulations. SECTION 2. That Section 9-36 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-36. Promotional. Promotions shall be based on competitive examination. The examinations shall be open, pro- motional, or both open and promotional. In each case of'an examination for a higher position, the ORDINANCE NO. NS-1659 PAGE TWO city manager shall determine which positions in a lower class are appropriate for advancement to the new position. If the number of employees considered eligible for promotion is less than three (3), the city manager may recommend to the board that open or a combination of open and pro- motional examinations be held to create an eligi- ble list. In the event that a combined open and promotional examination is to be held as provided herein, employees holding permanent status in one of the classes considered appropriate for advance- ment, and actually in the employment of the city at the time of the examination, will be placed at the top of the eligible list if they have an over-all examination grade of eighty per cent (80%) or more, prior to inclusion of preferen- tial credits. SECTION 3. That the Santa Ana Municipal hereby amended by adding a section, to be numbered which section reads as follows: Code is 9-37.1, Sec. 9-37.1. Veterans Credit. In all examinations for entrance into the civil service of the city, veterans who attain a passing grade shall be allowed an additional preferential credit of five per cent (5%), and disabled veterans obtaining a passing grade shall be allowed a preferential credit of ten per cent (10%), of the maximum possible grade for such exam- ination. The term "veteran" means a person who has served on active duty in the armed forces of the United States in time of war or armed interven- tion (and prior to the cessation of hostilities, as declared by the president or the congress of the United States) for a period of at least ninety (90) days and has received an honorable discharge or release from active duty. SECTION 4. That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 9-45, which section reads as follows: Sec. 9-45. Eligible List. Upon completion of any examination, the city ORDINANCE NO. NS-1659 PAGE THREE manager shall cause to be prepared and shall approve an eligible list with the persons who passed such examination being listed in relative order of the points they received, from highest to lowest. Such eligible list shall remain in effect for two (2) calendar years unless within such period the city manager, or such person under the city manager having charge of personnel administration, shall not be able to certify for appointment the number of persons required under the provisions of this chapter. SECTION 5. That section 9-67 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-67. Appointments. The appointing power may appoint, of the three (3) thus certified, whichever one in his opinion is best qualified for such position. No candidate may be certified more than four (4) times for any one class or classified position from an eligible list resulting from any one exam- ination. If no eligible list for the classifica- tion exists, or an existing list for the classifi- cation contains less than the required three (3) persons who are eligible and available for appoint- ment, the city manager, or such person under the city manager having charge of personnel administra- tion, shall so notify the appointing officer who may appoint one of the lesser number of persons, or may make a temporary appointment to the vacancy, at his discretion. After making his selection, the appointing power will inform the director of personnel of the one appointed and the date that person will enter upon his duties. The director of personnel will confirm the appointment after execution of the oath of office and of the loy- alty oath. After appointment and execution of the required oaths, the appointing authority shall enter the name of the employee on the employment rolls and notify the director of personnel of the applicable rates of pay. SECTION 6. That section 9-69 of the Santa Ana Municipal Code is hereby amended to read as follows: ORDINANCE NO. NS- 1659 PAGE FOUR Sec. 9-69. Filling by temporary appointment. Temporary appointmens may not be for a longer period than one hundred and eighty (180) calendar days after the first day of such temporary appointment, nor may tem- porary appointments be made to any position a cumulative total of more than one hundred eighty (180) calendar days in one calendar year follow- ing the first (lst) day on which the position is filled by a temporary appointment. Such tempo- rary appointment will be terminated when an employment list is prepared for the position. Temporary appointments shall be processed by the director of personnel for record keeping purposes and to conform with personnel policies and regulations. SECTION 7. That section 9-90 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-90. Object of probationary period. The probationary period preceding permanent appointment to a position in the civil service is an intrinsic part of the examination process and shall be utilized for closely observing the em- ployee's work, for securing the effective ad- justment of a new employee to his position, and for eliminating any probationary employee whose performance or personal qualifications do not meet the required standards of work. When an employee has been retained continously in proba- tionary status for the required period, he shall achieve permanent status." SECTION 8. That section 9-91 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-91. Duration of probationary period. The probationary period shall be one year from the date of appointment from a reappointment or open eligible list and six (6) months from the date of appointment from a promotional eligible list; provided, however, that the probationary ORDINANCE NO. NS- 1659 PAGE FIVE period shall be one year, in all cases, f.rom the date of appointment to a position in that classi- fication of positions in the police department in which an employee initially becomes or, in the regular course of employment, will become author- ized to exercise the powers of a peace officer in other then a supervised training capacity. Ab- sences totaling fifteen (15) days or more during a probationary period shall extend the probation- ary period the total length of time of such ab- sences. During such probationary period the em- ployee may be rejected at any time without right of a hearing before the personnel board. An em- ployee 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 ser- vice of the city in addition to rejection, in which event he shall have the right of a hearing before the personnel board as to such order of dis- missal in the manner prescribed in this chapter. SECTION 9. That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 9-118, which section reads as follows: Sec. 9-118. Suspensions; demotions; dismissals. (a) Right to exercise the disciplinary and dismissal powers hereinafter provided is vested respectively in the officers of the city who have the power of appointment as to any position in the personnel system. (b) Any employee serving a probationary period in a position in the civil service shall be subject to suspension without pay for a period not to exceed ninety (90) days, demotion or dis- missal, and the employee so disciplined or dis- charged shall not have a right of appeal~ except that an employee who held permanent status in some other position or employment included within the civil service immediately prior to his appointnnt to probationary status shall not be discharged without written notice of charges, an opportunity to answer, a written decision as hereinafter pro- vided and right of appeal to the personnel board. ORDINANCE NO. NS-1659 PAGE SIX (c) Any employee, other than one serving a probationary period, holding a position in the civil service shall be subject to suspension with- out pay for a period not to exceed ninety (90) days, or to demotion, or to dismissal subject to a right to appeal to the personnel board in accordance with the procedures set forth in this article. However, such appeal shall not stay the imposition of sus- pension, demotion or dismissal following the written decision of the appointing authority. (d) Each or any of said actions relating to suspension, demotion, or dismissal may be taken by the officer having power of appointment to the posi- tion for reasonable and sufficient cause. (e) Each such employee shall have ten (10) days after receipt of the written decision of the appointing authority in which to file a notice re- questing a hearing before the personnel board. Such request for a hearing shall be filed with the di- rector of personnel. If a hearing is requested, the personnel board shall thereupon set a date for hear- ing the matter at its earliest convenience. Hearing procedures shall be informal, and the rules of evi- dence generally applicable to administrative pro- ceedings shall apply. Such employee shall have an opportunity at such hearing to be heard in person, or by counsel, and the right to subpoena witnesses. Except as otherwise provided by law, all hearings held under the provi- sions of this section shall be open to the public. (f) The personnel board shall make written findings which shall state as to each charge whether or not such charge is sustained. The personnel board shall also set forth in writing its conclusions and recommendations based upon such findings, and within ten (10) days after concluding the hearing, it shall certify its findings, conclusions, and recommendations to the officer from whose action the appeal was taken, and to the city manager and the city council. (g) If, with respect to a suspension, demotion, or dismissal, the personnel board shall conclude that ORDINANCE NO. NS- 1659 PAGE SEVEN the employee charged was not guilty of the act or omission resulting in such suspension, demotion, or dismissal, a recommendation by it of reinstatement without loss of pay shall be binding upon the appoint- ing authority, who forthwith shall order such reinstate- ment. In the event that the personnel board shall conclude that the employee was guilty of the act or omission resulting in such suspension, demo- tion, or dismissal but that the penalty was not warranted under the circumstances, the personnel board may review the severity and appropriateness of the punishment. A recommendation by it of a greater or lesser punishment or of reinstatement with or without loss of pay shall be binding upon the appointing authority, who forthwith shall order the same. If, with respect to a suspension, demotion or dismissal, the personnel board concludes that the employee was guilty of the act or omission re- sulting in such suspension, demotion or dismissal, and that such punishment was warranted, such deci- sion shall be final. (h) Vacancies created under this section may be filled by the appointing authority by tempo- rary appointment pending the completion of any pro- ceedings taken hereunder. (i) A reduction in pay shall be treated as a demotion under this section, unless the reduction in pay is part of a plan of reclassification of po- sitions or of a plan to reduce salaries and wages in connection with a general economy or curtailment program, or is the result of a finding by the appoint- ing authority that the employee's performance does not justify the continuance of a level of pay that is dependent upon meritorious service. A failure to grant an increase in pay at a time when an increase would otherwise have been granted as a part of a plan to increase salaries and wages throughout the city service shall not be treated as a demotion under this section. (j) The personnel board may adopt procedural rules to govern the conduct of its hearings. ORDINANCE NO. NS- 1659 PAGE EIGHT SECTION 10. That section 9-118.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-118.1. Procedural requirements prior to suspension, demotion or dismissal. No employee holding a position in the civil service who has served a probationary period for the position held by such employee shall be sub- ject to suspension, demotion or dismissal, unless prior thereto such employee has received: (1) Notice of the proposed action and of the grounds for such action; (2) A written copy of the charges, which charges shall be separately stated, and grounds for such charges; (3) A reasonable time, not to ex- ceed ten (10) days, unless the appointing authority authorizes a longer time, to answer the charges; (4) A written decision on the ans- wer at the earliest practicable date. Examination of witnesses, trial, or hearing is not required, but may be provided in the discre- tion of the appointing authority. Copies of the charges, the notice of the action, the answer, the reasons for and the order of removal or suspension without pay, and also the reasons for the actions taken shall be made a part of the records of the city, and, on request, shall be furnished to the individual affected and to the personnel board. SECTION 11. That section 9-118.2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-118.2. Notice of proposed adverse action. Except as provided in section 9-118.4, infra, an employee against whom disciplinary action is pending is entitled to reasonable advance written notice stating any and all reasons, specifically ORDINANCE NO. NS- 1659 PAGE NINE and in detail, for the proposed action. The material on which the notice is based and which is relied upon to support the reasons in that notice, including, but not limited to, statements of wit- nesses, documents, and investigative reports or ex- tracts therefrom, shall be assembled and made avail- able to the employee for his review and copying. The notice shall inform the employee when and where he may review such material. Material which cannot be'disclosed to the employee may not be used to support the reasons in the notice. SECTION 12. That section 9-118.4 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-118.4. Exceptions t6 the notice period and opportunity to answer. Advance written notice and opportunity to answer are not necessary in the case of suspension, dismissal or demotion of an employee for any rea- son other than those grounds for disciplinary action that are specified in section 9-118. SECTION 13. That the Santa Ana Municipal Code hereby amended by adding a section to be numbered 9-119, which section reads as follows: Sec. 9-119. Layoffs. Ail layoffs within the competitive service occasioned by the abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in number of employees in a given class shall be governed by seniority in service and performance. Reemployment shall be in the re- verse order of layoffs. SECTION 14. That section 9-118.7 of the Santa Ana Municipal Code is hereby repealed. SECTION 15. This ordinance shall be effective if, and only if, Proposition "S" is adopted by the voters of the City of Santa Ana at the special municipal election on November 2, 1982. SECTION 16. If any section, subsection,' sentence, ORDINANCE NO. NS-1659 PAGE TEN clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 17. Neither the adoption of this ordin- ance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were~committed prior to,the effective date hereof, nor be construed as affecting an~ of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. by the AYES: NOES: ABSENT: ADOPTED this following vote: COUNCILMEMBERS: COUNCI~MEMBERS: COUNCILMEMBERS 15th day of November , 1982 Acosta, Griset, Luxembourger, McGuigan, Markel, ~errato None ~ Bricken ATTEST '- GUY CLERK OF THE COUNCIL GORDON BRICKEN, ~' APPROVED AS TO FORM: CITY ATTORNEY