Ordinance 3011CITY OF ALAMEDA ORDINANCE NO. 3011
New Series
AMENDING ORDINANCE NO. 2130, NEW SERIES, UPDATING THE
CIVIL SERVICE SYSTEM OF THE CITY OF ALAMEDA
T0 BE IT ORDAINED by the council of the city of Alameda that ordinance No.
zs 2130 N.S. regarding the administration of the civil Service System of the City of
g g y
Alameda is amended to read as follows:
2
0. Section 1 Purpose. It is the purpose of this ordinance to facilitate
competent and efficient administration of the government of the city of Alameda
through provision for making appointments based upon merit and fitness, and
provision for such security of tenure as is compatible with efficiency and discipline.
Section 2. civil Service Merit Principles. In accordance with Article
XIII of the city charter, this ordinance establishes a civil Service Merit System for
the city of Alameda. In order to assure effective personnel management
applicable to all categories of civil Service Employees, governing officials of the
City of Alameda will subscribe to the following civil Service Merit Principles.
Merit Principle No. 1:
Recruiting, selecting and advancing of employees on the basis of
their relative ability, knowledge, and skills, including open
competitive consideration of qualified applicants for initial
appointment.
Merit Principle No. 2:
Retaining employees on the adequacy of their performance,
correcting inadequate performance, separating employees whose
inadequate performance cannot be corrected.
Merit Principle No. 3:
Assuring fair treatment of applicants and employees in all aspects of
personnel administration without regard to race, religious creed,
color, national origin, ancestry, sex, age, disability, medical condition,
marital status or sexual orientation and with proper regard for their
privacy and other rights as afforded by lair.
Merit Principle No. 4;
Assuring that employees are protected against coercion for partisan
political purposes and are prohibited from using their official authority
for the purpose of interfering with or affecting the result of an election
or nomination of office.
Section 3. Board Meetings. The civil Service Board shall hold regular
meetings at such time and place as shall be designated by the Board. In addition,
the Board may hold special meetings upon call of the Chairman or any three
members of the Board. A notice of all regular meetings will be published at least
five days prior to the meeting. A vote of three members is required to take any
action. All motions receiving a tie vote will be continued on the agenda for the first
regular following meeting. The Human Resources Director, city of Alameda, shall
serve as the Executive secretary of the Board.
Section 4. Scope of the Civil service Program. The civil Service of
the City of Alameda shall consist of all positions of employment and offices
(hereinafter designated as positions) of or under jurisdictions of the City of
Alameda, except:
(a) All offices or positions exempted by the Charter of the City of
Alameda.
(b) The officers and /or members of all boards created by the
Charter or by the ordinance.
{c} Assistant city Manager, Deputy City Manager and all city
Department Meads that report to the City Manager.
(d) All uncompensated positions.
(e) All part -time or temporary positions.
(f) All personnel hired in conjunction with a State or Federally
funded program or other specially funded projects.
(g) All persons or agencies employed to render professional,
scientific or expert service of an occasional or exceptional
character usually on a contract basis for a designated period
of time.
Section 5. Exemption. At the request of the council as to any position
under its authority or under the authority of the city Manager, the Civil Service
Board shall have power to exempt from the Civil service of the city of Alameda
any position therein, such exemption to continue until revoked by the Civil Service
Board. Such exemption shall be made only when the position is of a confidential
nature, or when it is impossible to determine fitness by competitive examination.
Section 6. Implementation. The Civil Service System established by
this ordinance shall be implemented under such civil Service Rules governing
administration as adopted by the civil Service Board.
The Human Resources Director shall have the responsibility and authority
to implement the provisions of the ordinance, the civil Service Rules, and the
decisions of the Board.
Section 7. civil Service Rules. The civil Service Rules shall establish
regulations governing the civil Service System, including:
(a) Preparation, implementation, revision, and maintenance of a
position classification plan, including reclassification, class
specifications, employment standards and qualifications for each
class.
(b) Public announcement of examinations and acceptance of
applications for employment.
(c) Preparation and conduct of competitive examinations and the use
of the resulting eligibility lists.
(d) certification and appointment of persons from eligibility list, and
the making of temporary and emergency appointments.
(e) Evaluation of employee's performance.
(f) Transfer, promotion, demotion, reinstatement, separation, and
lay -off of employees in the civil Service.
(g) The granting of leaves of absence from positions in the civil
Service.
(h) Methods for appeal regarding disciplinary action of employee's
rights defined by the Civil Service ordinance.
Section 8. Discipline and A regular civil Service employee
may be dismissed, removed, demoted for disciplinary reasons, or suspended
without pay only when given advance notice in writing, of the proposed action.
The requirement of notification shall be waived whenever such a delay in action
could be harmful to the public or to other employees.
A regular Civil Service employee who has been fined in excess of one
month's salary or suspended without pay for more than thirty days may appeal to
the Civil Service Board. The Board will consider the request for a hearing, and will
hear the appeal under the provisions set forth in the Civil Service Mules.
Section 9. Board Powers and Actions. In addition to the powers
granted herein, the civil Service Board shall have the power to require assistance
from officers and employees of the City of Alameda, as may be necessary or
proper to carry out the duties imposed on the Board.
In the conduct of hearings, the Board may:
(a) Issue subpoenas requiring attendance of witnesses and
production of records, documents or other materials before it.
(b) Administer oaths and affirmations.
Section 10. Written Notice. Any written notice required to be given to
any employee by the provisions of this ordinance, unless herein otherwise
specifically provided, may be given either by personal service or by mail. In the
case of service by mail, the notice must be deposited with the United States Post
Office, in a sealed envelope, with postage prepaid, addressed to the person on
whom it is to be served, at the address in any notice given by him or at his last
known address, and if there is no last known address, then addressed to him at
the City of Alameda. Service by mail shall be deemed complete at the time of the
deposit with the Post office.
Section 11. Ri ht to contract for S ecial Services. Nothing in this
Ordinance shall be deemed to prevent the City of Alameda from contracting for
any type or category of service, including, but not limited to, special or technical
services related to personnel employment and administration.
Section 12. Severabilit If any clause, sentence, paragraph, or part of
this ordinance, or the application thereof to any person or circumstance, shall, for
any reason, be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder of this ordinance and
the application thereof to other persons or circumstances, but shall be confined in
its operation to the clause, sentence, paragraph, or part thereof, directly involved
in the controversy in which such judgment shall have been rendered and to the
person or circumstances involved.
Section 13. This ordinance may be cited as "TIDE CIVIL SERVICE
ORDINANCE OF THE CITY of ALAMEDA."
Section 14. This ordinance shall be in full force and effect from and after
the expiration of thirty (30) days from the date of its final passage.
Section 1 5. Upon the effective date of this ordinance, city of Alameda
Ordinance No. 2130 N.S., and all amendments and revisions thereto, relating o
es tablishing
stabli s ng and regulating the civil Service system of the city of Alameda, shall
be fully and completely repealed.
eliding 'c the ity council
Attes
Lara Weisiger, City Clerk
City of Alameda
1, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the council of the city of Alameda in a regular
meeting assembled on the 17 day of November, 2009 by the following vote to wit:
AYES: councilmernbers deHaan, Gilmore, Matarrese, Tam,
and Mayor Johnson 5.
NOES: None.
ABSENT: None.
ABSTENTIONS. None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said c ity this 18 th day of November, 2009.
Lara Weisiger, City Cler
City of Alameda