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HomeMy WebLinkAboutNS-2034 - Amending Santa Ana Municipal Code by Adding Sections and Amending Sections Relating to Personnel MattersORDINANCE NO. NS- 2034 AN ORDINANCE OF TH~ CITY OF SANTA ANA AMMEING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 9-3.1, 9-4S.1, 9-67.1, 9-118.7 AND AMENDING SECTIONS 9-S, 9-6, 9-7, 9-8, 9-32, 9-33, 9-34, 9-35, 9-35.1, 9-36, 9-39, 9-40, 9-42, 9-43, 9-44, 9-45, 9-62, 9-63, 9-64, 9-66, 9-67, 9-68, 9-91 RELATING TO Pt~.S~ MATTERS 289 CITY COUNCIL OF ~ CITY OF SANTA ANA DOES ORDAIN AS FOLLOI~S: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 9-3.1, which said section reads as follows: Sec. 9-3.1. Policy against close relatives working together. The city council finds and determines that close relatives working together as city officers or employees is likely to result in problems of employee morale, inappropriate supervision, conflict of interest and public criticism. It is the policy of the city to avoid such problems in the government of the city caused by close relative working together. For purpose of this Chapter, a person shall be deemed a "close relative" of a city officer or employee if that person is related to such officer or employee by blood, adoption or marriage, exclusive of any such relationship which is collateral consanguinity more remote than the fourth degree. SECTION 2: That Section 9-5 of the Santa ]ina Municipal Code is hereby amended to read as follows: Sec. 9-5. Disqualification of applicants. The director of personnel may reject any application, refuse to examine an applicant, disqualify an applicant, remove his name from an eligible list, or refuse to certify any person on an eligible list if: (a) He is found to lack any of the requirements prescribed for the class or position; (b) He is so disabled as to be unable to perform all the duties of the position for which he is a candidate; (c) He is addicted to the use of narcotics or the habitual use of intoxicating liquors to excess; (d) He has been convicted of an infamous crime or other crime involving moral turpitude; 290 ORDINANCE NO. NS- 2034 Page 2 (e) (f) (g) (h) (i) (j) (k) (D (m) (n) (o) (p) (q) (r) (s) He has previously been dismissed from any public or private employment for any cause other than abolition of position or reduction in force; He has used, or attempted to use, political pressure or bribery to secure an advantage in connection with the application, examination, certification, or appointment; He has directly, or indirectly, obtained information regarding the examination to which, as an applicant, he was not entitled; He has failed to submit his application correctly, or within the prescribed time; He has taken part in the compilation, administration or correction of the examination; He has practiced, or attempted to practice, any deception or fraud in his application, or in securing his eligibility or appointment; On evidence that he cannot be located by postal authorities; On receipt of a written statement declining an appointment or stating that he wishes his name removed from the eligible list; If an offer of an appointment from the eligible list has been extended but not accepted; If he declines to reply to letters of inquiry or letters of appointment, or fails to respond to a notification of certification; If he does not report for duty, after appointment by the appointing authority; l~hen he has been appointed to the position for which he has applied; If he has not been selected for appointment after being certified from the eligible list four times; If, after examination by a designated physician, he does not meet the medical standards prescribed for the class for which he has applied; If he is a close relative of the-city manager or his assistants, if any. ORDINANC]~ NO. NS- 2034 Page 3 The personnel board may, upon~rritten request of applicant, review any action taken pursuant to the provisions of this section. The applicant shall have ten calendar days following notification of such action to file his written request for review in the offices of the personnel board. Such review shall normally occur at the next regularly scheduled meeting of the personnel board, unless the board determines that the matter requires earlier consideration. The decision of the personnel board in the review of such matters shall represent final appeal action. SECTION 3: That section 9-6 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 9-6. Rejection. ~henever an applicant is rejected, or his/her name removed from an eligible list per the provisions of ~ 9-5 and ~ 9-5.1, he/she will be notified by letter, stating the reason(s) therefor. SECTION 4: That section 9-7 of the Santa AnaMunicipal Code is hereby amended to read as follows: Sec. 9-7. Considering appeals from decision and ratings of qualification appraisal boards. The director of personnel shall consider appeals from decisions and ratings of qualification appraisal boards~ in the same manner and within the same periods of time as established for appeals of results of written examinations.~ Appeals of decisions and ratings of the qualification appraisal boards shall be considered solely for alleged irregularity or fraud in the conduct of the investigation or interview, or for alleged erroneous interpretation and application of the minimum qualifications prescribed for the classification. ~Cross reference - See ~ 9-39. · ~Cross reference - See ~ 9-42. SECTION S: That section 9-8 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 9-8. Medical examinations. Before appointment, individuals receiving job offers will be required to successfully pass a physical examination before a licensed physician. The standards for the physical examination shall be established prior to publication of the written announcement of the examination. The licensed physician mentioned in this section shall be one selected by the director of personnel, or a city physician if one is designated, and available, and the examination fee shall be paid by the city. ORDINANCE NO. NS- 2034 Page 4 A candidate for a promotional appointment to a classification which requires higher or more stringent medical standards than the classification from which the candidate seeks promotion shall be required to pass a medical examination prior to appointment. SECTION 6: That section 9-32 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 9-32. Announcement. Whenever an examination is to be given, the director of personnel shall give at least ten (10) working days' public notice in advance of the closing date for receipt of applications. Notices for open competitive examinations shall be posted on a bulletin board at the city hall, readily available to the public, in the office of the director of personnel, and in the departments where exist classifications for which examinations are being held, and in such other places as may attract qualified candidates. The notices will contain sufficient information relative to the examination to indicate to interested candidates the duties and prerequisites of the position, together with dates, salaries and benefits pertinent. Promotional examinations will be published by means of notices posted in the departments containing qualified candidates and in the office of the director of personnel. SECTION 7. That section 9-33 of the Santa Aha Municipal Cede is hereby amended to read as follows: Sec, 9-33. Applications. Applications to take examinations shall be submitted in the manner and/or on forms approved by the director of personnel. They must be postmarked or received in the office of the director of personnel prior to the hour and date establisbed in the examination annonnc ement. SECTION 8. That section 9-34 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 9-54. Scope. All examinations shall be free, competitive, and impartial, and shall be suitable to test fairly the relative capacities of the persons examined to discharge the duties of the positions to which they seek appointment. - - 293 ORDINANCE NO. NS-2034 Page S SECTION 9. That section 9-35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-35. Types. ~xaminations shall be assembled or unassembled and, further, they may be written or oral, or in the form of a practical demonstration of skills or any combination of these. Any investigation of education, experience, character, or identity, amd any test of knowledge, skill, ability, or physical or mental fitness which in the judgment of the city manager fairly tests the relative capacities of the applicants to perform the duties of the position to which they seek appointment, may be employed. SECTION 10. That section 9-35.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-55.1. Promotions. Vacancies in position of the higher classifications in the civil service of the city shall, as far as practicable, be filled by promotion of employees occupying positions of lower classifications having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher classification; provided that the city manager may hold examinations for positions of such higher classifications 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 examinations shall be subject to civil service rules and regulations. SECTION 11. That section 9-36 of the Santa Ana~iunicipal Code is hereby amended to read as follows: Sec. 9-56. Promotional. Promotions shall be based on competitive examination. The examinations shall be open, promotional, or both open and promotional. In each case of an examination for a higher classification, the city manager shall determine which positions in a lower classification are appropriate for advancement to the higher classification. If the number of employees considered eligible for promotion is less than three (5), the city manager may determine that an open or a combination of open and promotional examinations be held to create an eligible list. In the event that a combined open and promotional examination is to be held as provided herein, employees holding permanent status in any one of the classifications considered appropriate for advancement, and actually in the employment of the city at the time of the 294 ORDINANCE NO. NS- 2034 Page 6 examination, will be placed at the top of the eligible list if they have an overall examination grade of eighty per cent (80%) ormere, prior to inclusion of preferential credits. SECTION 12. That section 9-59 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 9-59. Qualification appraisal. In examinations where the director of personnel considers it appropriate, education, experience, and personal qualifications of the candidates shall be evaluated on the basis of interviews conducted by a board composed of persons known to be interested in the improvement of public administration and in the selection o£ efficient personnel according to merit system principles. In classifications requiring technical knowledge, at least one of the members of the board shall be technically familiar with the character of the work in the classification for which the applicant will be examined. The boards mentioned in this section shall consist of at least two (2) persons. Each member of the board will submit a report in writing on forms supplied by the director of personnel, and these reports will be made available to the appointing authority for those candidates who have been certified as eligible for appointment. The boards described in this section will be known as qualification appraisal boards.* *Cross reference - See ] 9-7 SECTION 15. That section 9-40 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-40. Rating. The minimum grade or standard determining eligibility shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown on the application of the candidate or other verified information. Each section of the examination shall be graded independently. Weights of subjects shall aggregate to one hundred (100). Veterans' preference, and seniority shall not be considered subjects. The grade assigned each subject, or section, shall be multiplied by the weight assigned to that subject as determined and set forth in the examination announcement. The sum of the resulting products shall be divided by the total weights in all sections, one hundred (100), and the resulting quotient shall be the general average. ~[hen applicable, veterans' preference and seniority points shall be added to the general average and the resulting sum shall be used in determining the order in which the name of the candidate shall appear on the report of the examination and on the eligible list. Failure in one section or one subject ORDINANCE NO. NS-2034 Page 7 .295 may be grounds for declaring the applicant as having failed in the entire examination and as disqualifying for subsequent parts of an examination as shall be determined by the director of personnel. All applicants in the same examination shall be accorded uniform and equal treatment in all phases of the examination procedure. SECTION 14. That section 9-42 of the Santa Aha Municipal Cede is hereby amended to read as follows: Sec. 9-42. Error appeal. During the five (5) working days commencing with the first working day after a written test has been completed, a candidate may file with the director of personnel an appeal against any item of the test or any part of the test, citing the items or the parts against which the appeal is directed and the reasons for such an appeal.* An eligible list resulting from such test shall not thereafter be established until all the disputed items have been reviewed by the director of personnel and corrected if found to be wrong, or the appeal denied. Decisions of the director of personnel shall be subject to review by the city manager upon written request by the candidate filed with the director of personnel within five (S) working days of the decision. *Cross reference - See ~ 9-7 SECTION 15. That section 9-43 of the Santa AnaMunicipal Code is hereby amended to read as follows: Sec.9-43. Grading appeal. During the five (5) working days beginning with the day after notice of place~nt on the eligible list has been mailed, a candidate may file with the director of personnel a request to review the score assigned to each component of the examination. If the candidate believes an error has been made in any computation of his/her scores, including computation of score assigned to each examination component, determination of weighted scores, or in the s~mtming of weighted scores, he/she may make application, in writing, to the director of personnel for an adjustment of his/her score. However, in such application the candidate must state specifically and particularly wherein he/she believes error has been made. Any error that may appear shall be corrected and any change in the standing of candidates as a result thereof shall be made by the director of personnel within five (S) working days after the appeal period. All conclusions in connection with appeals shall be approved or disapproved by the city manager, and shall be subject to review by the personnel board upon written request by the candidate filed with the board within five (S) working days after the candidate has been notified of the decision of the city manager. -. 296 ORDINANCE NO. NS- 2034 Page 8 SECTION 16. That section 9-44 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-44. Records. Ail examinatiOn materials submitted by competitors are confidential records which may be open for inspection only for the purposes and under the conditions set forth in these rules and regulations. Applications and examination records shall be kept during the life of the eligible list. Examination materials and applications of certified candidates shall be open for inspection by the appointing authority to which the candidates have been certified, during such time as said materials are on file. SECTION 17. That section 9-45 of the Santa AnaMunicipal Code is hereby amended to read as follows: Sec. 9-45. Eligible lists. Upon completion of any examination, the city manager shall cause to be prepared and shall approve eligible lists with the persons who passed such examination being listed as follows: (a) For promotional only exams, candidates who passed such examination shall be listed on the promotional eligible list in relative order of the score received, from highest to lowest. (b) For open exams, candidates who passed such examination shall be placed on the open eligible list in three groups or bands, as follows: Band A: Candidates shall be placed in this band if their adjusted scores are equal to or higher than ninety percent (90.00%). Band B: Candidates shall be placed in this band if their adjusted scores are equal to or higher than eighty percent (80.00%) but less than ninety percent (90.00%). Band C: Candidates shall be placed in this band if their adjusted scores are equal to or higher than seventy percent (70.00%) but less than eighty percent (80.00%). ~ithin each band, names of candidates shall be listed in alphabetical order. (c) For combination open and promotional exams, promotional candidates who passed such examination shall be placed on the promotional eligible list if they achieve the minimum required score, as provided in ~ 9-36. ORDINANCE NO. NS-2034 ~ ~j 7 Page 9 SECTION 18. That the Santa Arm Municipal Code is hereby amended by adding a section, to be numbered 9-45.1, which said section reads as follows: Sec. 9-45.1. Same--Duration. Such eligible lists shall remain in effect for the time period listed below, unless within such period the City Manager, or such person under the City Managerhaving charge of personnel administration, shall not be able to certify for appointment the number of persons required under the provisions of this chapter: (a) Eligible lists for classifications designated as management by action of the City Council shall be in effect for six months. (b) Eligible lists for classifications designated as "local police/fire safety" members of the Public Employees Retirement System shall be in effect for two years. Eligible lists for classifications which are designated as both management and safety members shall be in effect for two years. (c) Eligible lists for all classifications which are not included in (a) or (b) above shall normally be in effect for one year, but may be extended for a period of six (6) full months with the approval of the City Manager. The City Manager may also grant a maximum of one additional six (6) month extension. SECTION 19. That section 9-62 of the Santa Arm Municipal Code is hereby amended to read as follows: Sec. 9-62. Same--Consolidation. Two (2) eligible lists of the same type (open or promotional) for the same classification may be consolidated by the director of personnel by placing eligibles from an old list on a new list in accordance with the procedures outlines in ~ 9-45. The names on the resulting (consolidated) list shall be certified in accordance with the procedures outlined in ~ 9-66. SECTION 20. That section 9-63 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-63. Method of filling. Vacancies in the competitive service shall be filled by re-e~ployment, transfer, demotion, reinstatement, from an eligible list if available, or by a temporary appointment for not longer than one hundred eighty (180) calendar days as specified in the charter. _. 298 ORDINANCE NO. NS-2034 Page 10 SECTION 21. That section 9-64 of the Santa And Municipal Code is hereby amended to read as follows: Sec. 9-64. Appointment, precedence of lists. Appointments shall be made in the following order of precedence: (1) From re-employment lists (2) By transfer in the same classification from another department (3) From reappointment lists (4) From promotional eligible lists ($) From open eligible lists (6) By temporary or emergency appointment. SECTION 22. That section 9-66 of the Santa Aria Municipal Code is hereby amended to read as follows: Sec. 9-66. Same--Procedure. Upon receipt of the request from an appointing authority, the director of personnel shall certify, to the appointing authority, names in accordance with the following: (1) (z) If a re-employment list exists for the classification, one name for each vacancy. If no re-employment list exists, names shall be certified as follows: {a) For promotional only appointments, the names of the three (3) highest candidates on the promotional eligible list. The number of names to be certified from an active promotional list shall be two more than the number of appointments to be made. (b) For open appointments, the number of names to be certified from the open eligible list shall be at least four {4) more names than the number of appointments to be made. For a single vacancy, when the number of candidates in the highest band (Band A) is less than five (S), the appointing authority may request the certification of the next lower band (Band B). When the number of candidates in Bands A and B is less than five (5), the appointing authority may request certification of Band C. --299 OKOIN~CE NO. NS- 2034 Page 11 SECTION 23. That section 9-67 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 9-67. Appointments. In the case of a promotional only appointment, the appointing authority may appoint, of the candidates certified, whichever one in his/her opinion is best qualified for such position. In the case of an open appointment, the appointing authority may appoint from the band or bands certified, whichever candidate in his/her opinion is best qualified for such position. No candidate may be certified more than four (4) times from any eligible list resulting from any one examination. If no eligible list for the classification exists, or if an existing list for the classification contains less than the required number of candidates who are eligible and available for appointment, the city manager, or such person under the city manager having charge of personnel administration, shall so notify the appointing authority who may select from the existing candidates, or after requesting a new recruitment, may make a temporary appointment to the vacancy. After making the selection, the appointing authority shall inform the director of personnel of the candidate appointed, the date that person will assume the duties of the position and the applicable rate of pay. After verification that the candidate has passed the required medical examination per ~ 9-8, and after verification of the execution of the oath of office, the director of personnel shall confirm the appointment. After confirmation of the appointment, the appointing authority shall enter the name of the employee on the employment rolls. SECTION 24: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 9-67.1, which said section reads as follows: Sec. 9-67.1. Exclusion of close relatives. If, in the opinion of an appointing authority, the appointment of a candidate to a position of employment under the jurisdiction of such appointing authority would result in a violation of the policy set forth in section 9-5.1, the appointing authority shall so notify the director of personnel, who shall exclude such candidate from the list of names certified to such appointing authority for such position. Any close relative of an appointing authority shall likewise be excluded from any list certified to such appointing authority. In the event a candidate is excluded pursuant to this section, the director of personnel shall certify to the appointing authority a list containing the names of all 300 ORDINANCE NO. NS- 2034 Page 12 candidates who would have appeared on such list if the excluded candidate had never been a candidate for the subject position of employment. A candidate who is excluded pursuant to this section shall not be considered as having been certified from an eligible list for purposes of sections 9-5 or 9-67. SECTION 25. That section 9-68 of the Santa Arm Municipal Code is hereby amended to read as follows: Sec. 9-68. Failure to appoint certified applicant. If upon certification, an eligible declines appointment or neglects to report to the appointing authority for interview, the appointing authority shall notify the director of personnel. The director of personnel shall remove any eligible from the list for neglect to report within five (5) working days after notice has been sent by mail to the address on file, unless said eligible provides an explanation satisfactory to the director of personnel. In the case of a promotional only appointment, after an eligible declines appointment and/or is removed from the eligible list, the director of personnel shall certify the next candidate on the list. In the case of an open appointment, after an eligible declines appointment and/or is removed from the list, if the band certified contains less than the required number of names, the director of personnel shall upon request of the appointing authority certify the next lower band. SECTION 26. That section 9-91 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 9-91. Duration of probationary period. The probationary period shall be twelve (12) consecutive months from the date of appointment from a reappointment, promotional, or open eligible list. Unpaid absences totaling fifteen (15) days or more during a probationary period shall extend the probationary period the total length of time of such absences. During such probationary period the employee may be rejected at any time without right of a hearing before the personnel board. An employee rejected during the probationary period from a position to which he/she has been promoted shall be reinstated to the position from which the employee was promoted, unless he/she is dismissed from the service of the city in addition to rejection, in which event he/she shall have the right of a hearing before the personnel board as to such order of dismissal in the manner prescribed in this chapter. ORDINANCE NO. NS- 2034 Page 13 SECTION 27. That the Santa Arm Municipal Code is hereby amended by adding a section, to be numbered 9-118.7, which said section reads as follows: Sec. 9-118.7. Reasonable and Su~£icient Cause. For purposes of section 1000 of the Charter o£ the City of Santa Ana, the term "reasonable and sufficient cause" for suspension, demotion or dismissal shall include, but not be limited by, each of the following causes: (a) Fraud in securing appointment. (b) Incompetency. (c) Inefficiency. (d) Inexcusable neglect of duty. (e) Insubordination. (f) Dishonesty. (g) Drunkenness on duty. (h) Intemperance. (i) Addiction to the use of controlled substances. (j) Unauthorized absence from duty. (k) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea o£ guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this subsectien. (1) Immorality. (m) Discourteous treatment of the public or other employees. (n) improper political activity. (o) Willful disobedience. (p) Misuse of City property. (q) Violation of any City departmental or Agency rule. (r) Violation of section 9-16 of the Santa Arm Municipal Code relating to outside employment. 30'{ ORDINANCE NO. NS- 2034 Page 14 (s) (t) Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the appointing authority or the City. Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, physical handicap, marital status, sex, or age, against the public or other employee(s) while acting in the capacity of a city employee. SECTION 28. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City 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 29. Neither the adoption of this ordinance 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 any of the provisions of such ordinance relating to the collection of any suchlicense 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 e£fect. ADOPTED this 2nd day of January 1990. Attest: ~l~eir~eo~' t~eUYcouncil ~'~ / Councilmembers: Young Nay Acosta Aye Griset Nay May Aye McGuigan Nay Norton Aye Pulido Aye Mayor City Att orne)~-~'