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Ordinance 2130CITY OF ALAMEDA ORDINANCE NO 2130 New Series ADOPTING AN ORDINANCE REVISING THE CIVIL SERVICE SYSTEM OF THE CITY OF ALAMEDA AND REPEALING ORDINANCE NO. 642 N.S. AND ALL AMENDMENTS AND REVISIONS THERETO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALA14EDA that: Section 1 . Purpose It is the purpose of this ordinance to facilitate competent and efficient administration of the goverrunent 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 Prin ciple 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 Princiole 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, physical handicap, medical condition or marital status (except for job related requirements) and with proper regard for their privacy and constitu- tional rights as citizens. -1- 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 inter- fering 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 Personnel Officer, City of Alameda, shall serve as the Executive Secretary of the Board. Section 4. Scope of theCivil 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 jurisdiction 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) All City Department Heads, including, but not limited to, the City Attorney, Manager, Assistant City Manager, Public Works Director, City Engineer, Planning Director, Finance Director, City Clerk, Recreation and Parks Director., City Librarian, Fire Chief, Police Chief, Bureau of Electricity General Manager and Chief Engineer, Assistant General Manager, Engineering Manager, Operations Manager, Computer Services Manager, General Services Manager, Finance Manager, Commercial Manager, and any other similar Department Head positions. (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. -2- (g) All persons �j agencies employed to render profes- sional, scientific or expert service of an occasional or exceptional character -- usually on a contract basis for a designated period of time. Sec_ pion 5- any positi Exemption At the request of the Council as to on under its authority or under the authority Of the City Planaaer, 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 exemptions shall be made only when the P is of a confidential nature, or when it is impossible to determine fitness by competitive examination. Section 6 I plement mation The Civil service System established by this Ordina nce shall be implemented under such Civil Service Rules governing administration as adopted by the Civil Service Board. The Personnel Officer 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, includina- (a) Preparation, implementation, revision, and main- tenance 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 eligi- bility 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. Wz (h) Methods for appeal regarding disciplinary action of employee's rights defined by the Civil Service Ordinance. Section S Discipline and Appeal A permanent 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 notifica- tion shall be waived whenever such a delay in action could be harmful to the public or to other employees. A permanent 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 Rules. 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 . Writ 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 in the United States Post Office at Alameda, California, 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 be 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 in the Post Office. Section 11 Right to Contract for Special 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. ae Section 12 . Severability 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 circum- stances, 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 "THE CIVIL SERVICE ORDIN3ANCE 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. 1 Section 15 . Upon the effective date of this Ordinance, N : City of Alameda Ordinance No. 642 N.S., and all amendments and revisions thereto, relating to establishing and regulating the Civil Service System of the City of Alameda, shall be fully and completely repealed. a v Attest: Presiding Officer of the Council LL4arL City Clerk -5- 1, tine unaersignea, hereoy certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 17th of May, 1983, by the following vote to wit: AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. NOES: None. ABSENT:None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of May, 1983. City Clerk OT the UTV of Vmeda