Chapter 1.24
PERSONNEL SYSTEM*
Sections:
1.24.020 Unclassified and classified service.
1.24.045 Criminal conduct—Ineligibility for employment.
1.24.050 Civil service commission.
1.24.060 Secretary to commission.
1.24.070 Remuneration of the commission.
1.24.080 Term—Appointment of successor.
1.24.083 Disqualifying activity.
1.24.090 Election of chairperson of commission.
1.24.100 Duties of commission.
1.24.105 Departments, appointive officers and employees subject to civil service system.
1.24.120 Review of classification.
1.24.130 Examination of applicants.
1.24.140 Reduction in personnel.
1.24.160 Duties of personnel officer.
1.24.170 Discipline and removal.
1.24.010 Established.
Pursuant to the authority granted by Section 45000, et seq., of the Government Code of the state of California, the civil service system for the city of South Gate, California, is hereby continued as provided.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.020 Unclassified and classified service.
The civil service of the city shall be divided into the unclassified and the classified service. Each full time or regular part time position of the city shall be designated as either "classified" or "unclassified" pursuant to a classification plan adopted by the city council by written resolution.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.030 Merit principle.
With the exception of lateral transfers, all appointments and promotions to classified employment positions within the city shall be made according to merit and fitness to be ascertained by competitive examination.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.040 Age restrictions.
Minimum or maximum age limits for any examination for a position in the competitive service shall not be established and age shall not be a minimum qualification for any employment in the competitive service. Any person possessing all the minimum qualifications for a position is eligible to take any examination regardless of age, and neither the city council, personnel officer or appointing power shall adopt any rule prohibiting the employment of any person otherwise qualified solely because of age. This section shall be subject to the provisions of any applicable retirement system and does not require employment of any person in a particular city employment position after attaining the retirement age for that position as specified in the retirement system. This section shall not prevent the city council from fixing minimum or maximum age limits for the employment of police officers.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.045 Criminal conduct—Ineligibility for employment.
No person convicted (including pleas of guilty and nolo contendere) of a felony or a misdemeanor involving moral turpitude shall be eligible for employment by any department of the city; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, such as, but no limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction.
The chief administrative officer, assistant to the chief administrative officer, chief of police and city attorney are authorized to have access to the "State Summary Criminal History Information" as provided for in Section 11105 of the Penal Code of the state of California when it is required to assist such individual to fulfill employment responsibilities set forth in this section.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.050 Civil service commission.
There shall be a civil service commission consisting of five members. Each city council member shall be entitled to appoint one commissioner from among the qualified electors of the city. No commissioner shall hold public office with the city, be employed by the city or be an officer of any local, state or national partisan political group. Before taking office, each commissioner shall be confirmed by a majority vote of the city council.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.060 Secretary to commission.
There shall be a secretary provided for the commission who shall take such notes and perform such clerical assistance as the commission may require.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.070 Remuneration of the commission.
For attendance at the affairs of the commission, a commissioner shall be reimbursed for expenses at the rate of one hundred dollars per meeting.
(Ord. 2167 § 1, 5-25-04: Ord. 2128 § 2 (part), 10-23-03)
1.24.080 Term—Appointment of successor.
A. The term of office of a civil service commissioner shall commence upon confirmation by the city council and shall continue for the duration of the term of office of the appointing council member. If the appointing council member does not complete his or her original term of office because of death, recall election or resignation, the commissioner shall continue to serve until confirmation by the city council of a successor.
B. Notwithstanding the preceding, the term of office of any commissioner will automatically expire if the commissioner is absent from three consecutive regularly scheduled meetings.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.083 Disqualifying activity.
In the event that any commissioner files or permits a third person to file with the city clerk a notice indicating his or her candidacy for any elective office in the city of South Gate, the term of the commissioner shall automatically terminate.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.085 Removal from office.
Any commissioner may be removed at any time by a four-fifths vote of the entire city council. In the event a council member files a written request with the city manager for the removal of the commissioner he/she appointed to serve on the civil service commission, then the necessary vote to effectuate such removal shall be a three-fifths vote; however, one of the voting council members must be the council member who appointed the commissioner to serve on the civil service commission.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.090 Election of chairperson of commission.
At the first meeting of the commission held during the month of June each year, the commission shall elect a chairperson from among its duly appointed membership. If the person serving as chairperson of the commission ceases to serve as commissioner during his or her term of office, the commission shall appoint a new chairperson at its next regular meeting.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.100 Duties of commission.
The powers and duties of the civil service commission shall be the following:
A. The hearing of appeals submitted by any classified employee relative to any disciplinary action, change of classification, dismissal, suspension, demotion or alleged violation of this chapter;
B. The certification of findings and recommendations to the city council as provided in this chapter;
C. Any other duties or responsibilities delegated to it by the city council.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.105 Departments, appointive officers and employees subject to civil service system.
The provisions of this chapter and the civil service rules and regulations adopted pursuant to this chapter shall apply to all offices, positions and employees in the city, except:
A. Elective offices;
B. Positions on appointive boards, commissions and committees;
C. Persons under contract to supply expert, professional or technical services;
D. Volunteer personnel who receive no regular compensation from the city;
E. Part-time employees (such as crossing guards); per diem, hourly and seasonal employees;
F. Building official;
G. City librarian;
H. City manager;
I. Director of community services;
J. Director of economic development;
K. Director of personnel;
L. Housing manager;
M. Director of public works;
N. Director of parks and recreation;
O. Director of finance;
P. Fire chief;
Q. Police chief;
R. Deputy city manager;
S. Director of government affairs;
T. Government affairs manager;
U. Any position designated as unclassified pursuant to the classification plan adopted by the city council;
V. All of those transitional positions authorized by motion of the city council, which are funded in whole or in part by the federal government pursuant to Public Law 92-302 entitled the "Comprehensive Employment Training Act of 1973" and pursuant to amendments and extensions thereof.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.110 Classification plan.
There shall be a classification plan adopted by the city council. The classification plan shall be composed of a class specification and class title for each type of position, sufficiently distinct from other positions as to warrant separate definition.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.120 Review of classification.
The personnel officer shall make such periodic reviews of classifications as are necessary and recommend changes.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.130 Examination of applicants.
Examination shall be made of all applicants for positions in the service of the city and shall be practical and relate to those matters which fairly test the relative capacity of the applicants to discharge the duties of the position to which they seek to be appointed.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.140 Reduction in personnel.
If the city council determines that a reduction in personnel is necessary for economic reasons, it shall observe the seniority rule in putting the reduction into effect.
(Ord. 2128 § (part), 10-23-03)
1.24.150 Personnel officer.
The city manager, or his or her appointee, shall act as the personnel officer for the city, subject to the provisions of this chapter, and such rules and regulations as are adopted by resolution of the council.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.160 Duties of personnel officer.
The personnel officer shall have the responsibility of making effective the purposes of this chapter and, in addition to other responsibilities; it shall be his or her duty or the duty of his or her delegated subordinate to:
A. Attend all meetings of the civil service commission;
B. Administer all provisions of this chapter and regulations established hereunder not specifically reserved to the civil service commission or the city council;
C. Establish and keep a roster of all officials and employees in the classified service and all personnel records;
D. Recommend a plan for the classification of positions to the city council. After the adoption of such classification, he or she shall allocate and reallocate the various positions according to the respective classes to which they belong under the direction of the city council;
E. Prepare and recommend a set of rules and regulations for the administration of the civil service system, which rules and regulations may be revised or amended from time to time as the occasion demands by the city council. The city council may make such alterations, modifications or amendments thereto as are consistent with the purpose of this chapter. Rules and regulations shall be adopted by resolution of the city council; and
F. Recommend to the city council sound personnel practices or plans consistent with the intent of this chapter.
(Ord. 2128 § 2 (part), 10-23-03)
1.24.170 Discipline and removal.
A. An employee serving a probationary period in an office, position or employment of the city shall be subject to removal without right of appeal.
B. A classified employee, other than one serving a probationary period, shall be subject to suspension without pay for a period of not exceeding thirty days in any one calendar year, or to demotion or removal from his or her position, or to a reduction in salary, or any combination of the above, for misconduct, incompetence, inattention to duty, insubordination or failure to observe rules or regulations applicable to his or her work unit.
C. Upon request, an employee subject to discipline as described above shall be entitled to receive from the official taking such action a written statement of the charges(s) and supporting information on which the disciplinary action is based within two business days. A copy of the statement shall be furnished the personnel officer. The employee shall have ten calendar days after the receipt of such statement of charges, or following the effective date of the action to suspend, demote, or dismiss within which to file an appeal of the charge(s) or action.
D. The appeal shall be filed in the office of the city clerk and with the personnel officer. The appeal may request a hearing by the civil service commission to review the disciplinary action. Hearings shall be called by the chairperson of the commission and shall be conducted in conformance with the published civil service rules adopted by the city council. The civil service commission shall make written findings as to whether each charge is founded. Such findings shall be final unless the city council on its own motion reviews the findings and reverses or modifies the ruling of the commission. The commission shall certify its findings to the city council within ten calendar days after the completion of the hearing.
E. If the civil service commission after a public hearing finds that the charge against the employee is unfounded, or that the disciplinary action is unjust, the commission shall make a recommendation as to how to restore the employee’s status and loss of pay, as appropriate. Any such recommendation shall be binding upon the appointing powers other than the city council. No appeal may be taken on such findings except by the city council, who may, after public hearing thereon, reverse, modify or approve the action of the civil service commission and take such other action as it may deem proper.
(Ord. 2128 § 2 (part), 10-23-03)