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Resolution 01109ENSOLUTION NO, 1109, hildiiiittithE A 820.18q8AL EWE AIMEDilim TES XliARTEE 28 THE Via 22 .LLIII,Laal AT TEN tiEVENAL EZEUTION TO BE HEIM IN BALD CITI MAkCE 8, 1,..)21, AXAOLVMD, iv ins Oanfoil of tkg Gity of Alameda. that at Mho general magiolpel elocti n t3 be held in said city on Tuesday, March 8, 1927, a charter amendment le sub- mitted to the qualified voters of the city in words and figures as follows: .1XO1OZITION That the charter of the City of Alameda te amended by adding a new article thereto, to be nuolbered AATI5LE XV, providing civil service regulations for officers and members of the police and fire departments of the city, said article to read as follows: 'ICE XV, Section 1. There shall Le a Civil Service Board in and for the Oity of Alameda, which board ahall consist of three members. Within thirty' days after the approval of this amendment by the state legislature, the city manager shall appoint, subject to confirmation by the council, one member of said board to serve pntil May 1, 1925; another member to serve until May 1, 1711, and a third member to serve until May 1, 1553. In the month of May, 1529, and every second year thereafter, one member shall be in like 0(00 appointed for a term of six years, to take the place of the member whose term shall. expire. The members of the Civil Service 8card shall serve without 03000 S.1- ti on, 11 a vacancy OCCUfs in the board, it shall be filled by appointment by the city manager, subject to confirmation by the council, for the un- expired term, Sec, 2. In cases of misconduct, inability or willful neglect in the performance of the duties of the office by any. member of the chord, such. member msy be removed from office by the city manager, subject to approval by. an affirmative vote of three ...members of the council, tut such member of the Civil Service. Board shall be given an opportunity to be heard in. his defense, and shall have the right to appear by counsel and to have process issuel . to compel the attendance of witkesses whe shall be required to give testimony if sach member of the Civil Service. Board so re jets. In such oases the hearings shall be public and a full and complete statement of the reasons for speh removal, if such member be removed, tcgether with the findlogs of fact az MEICIO by the council, shall be filed by the city clerk, and shall be and become a matter of public record. The board shall appoint one of its members to act as chairman. It 2hall also appoint a clerk to keep a. record of the proceedlnas of the board_ Sold officers shall serve without compensation. Sec. 3. The board shall classify all places of employment now ex- isting or hereafter crested in or under the pollee or fire departments. The places so classified by the board shall constitute the clzesified civil service of the city, and no appointment to any such place shall be made except according to the rules hereinafter mentioned. ?he board shall provide fer an eligible lint from which vacancies shall be filled, fcr a period of probation before empleyment is made permanent, and for promotion on the basis of merit, experience and record. courcil, whenever requested by the board, say by ordinanee confer upon the board each rights, duties end privileges other than those mentioned in this charter, as may be necessary to properly en- force and carry out the principles of civil service. See. 4- The -board shall make rules to carry out the purposes of this artihle, and for examinations, appointments and promotions. All rates and all changes therein shall be forthwith printed by the board for distribution. Sec. 5. All applicants for places in the police and fire departments shall be subjected to examination, which shall be public, competitive and free. The board shell hold such etami- nations whenever they deem necessary. Siich examinations shall be for the purpose of notermininp: the qualifications of applicants for positions, They shall be practical and shall fairly test the fitness of the persens examined t.) discharge the duties of the positions to which they seek to be appointed. Sec. 6. Whenever a position in the police ur fire departments is to be filled, the board shall certify to the city manager three times the number of persons having the highest standard on the eligible list for such position; Provided, that a less number may be certified then there is hot the required number 011 the eligible list, all persons not appointed shall he restored to their relative positions on the eligible list. All persons who have been on the eligible list for two years withpbt appointment sha la be removed therefrom. Sec. 7. l'he board shall provide for Promotion in tie police and fire departments on the basis of ascertained merit, seniority in the ervice, and standins upon competitive examination; and Shell provide, in all cases where practicable, that vacancies shall be filled by pro- motion from among such members of the next lover rank established by the board as submit themselves for such examination for promotion. The board shall certify to the city manager the names of not more than three applicants having the highest rating for each promotion. hec. 3. Appointments to the police or fire departments, when first made, shall be on prebation of a character and for a peried to be fixed bT the rules of the Civil Service Board, providing that such probationary period shall not exceed one year. The city manager shall have the right to summarily discharge any person nring his pro- hationary period without notice or hearing. Sec. 9. The provisions of this article shall apply to all of- ficers alid members of the police and fire departments except the chiefs thereof'. All other officers and members in the departments at the time this article becomes effective shall have the right to retain their positions during good behavior and be entitled to all the rights, privileges and benefits herein provided. Sec< 10. All persons holding positions in the police and fire dbpartments shall be subject to suspension, fine and also removal from office by the city mannger in case of miscond:upt, discourtesy, disobedience, incompetency or failure to perform their duties or observe the roles and regulations of the departments, subject to appeal ef the aggrieved parties to the Civil Service Board as herein provided. Sec. 11. The chief of police or fire chief moy impose a fine of not to exceed One Hundred Dollars ( 100.00), er teiorarily suspend for a period not to exceed sixty (GO) days any officer or member of his department for any of the causes mentioned in the preceding section. In such case he shell immediately report the facts in writing to the city mainager and furnish a copy thereof to the subordinate cPficer or member affected, providing he requests a copy thereof. The pity manager shall, if demanded by such subordinate, hoar the evidence for and against him and shall thereupon affirm, modify or revoke the finn or suspension imposed by the chief of the respective departrent. Sec. 1. Any person ordered suspended, fined or discharged may, within five days from the makins of such order ty the city manager, appeal therefrom to the Civil 3ervice Board, vierich board shall thereupon Tully hear and determine the matter. The accused shall he entitled to appear pbrsonally and to represented by counsel at a public hearing if he demands the same. The decision of the Civil Service Board thereon shalj . be enforced 1 the city manager and shall be final and conclusive; provided, should it appear, in the opinion of the Civil Service Hoard, that the appeal is a friveloas one and without merit, said hoard, in the case of a fine or suspension, may increase the amount of the same or impose a further and additional penalty on account of such frivolous appeal. Sec. 13. Appointments to fill tekTorary• positions may be mode only with the majority consent of Inc board, and temporary appointmbnts so made shall lapse and become void at the end of a period al time not to expeed eight months. The city clerk is hereby directed to publish the foregoing proposed amendment once in the Alameda. Times-Star, a daily newspaper of general circulation published and circulated in said city; he shall also have copibs of said amendment printed in convenient pamphlet form, and shall, until the day fixed for the election upon said phenembat, ad- vertise in the foregbing newspaper ;a notice that such copies may be had 2t his office • aeon application therefor. He shall also print a pronbr end sufficient synopsis of said amendment upon the sample 'ballots and tbe official ballots to be used at said election, as requiped by law. 1, the undersigned, hereby certify that the foregoins Resolution NS duly and regalarly introduced and adopted by the council of the city Alameda in regalar adjourned meeting essemlled on the 24th day of January, 1927, by the following vote, to wit: AYES: Councilmen :Latham, Neisa, Noble, Traver and President Otis, NOES: None. ABSENT: None. IN TESTIMONY WEELIAXEP, 1 have hereunto set my hand and affixed the official seal of said city t 25th day of jalluary, 1927. W. E. VA.ROO.E, City Clerk of the City of Alameda. 1:Seal af the Citv of Alameda). I hereby ceStify that the foregoiEs is a full, true end correct copy o 'Resolution No 1109. Submitting a Brot:osal for emending the charter of the City of Alameda at the general election to be held in uald city B.larch 9, 1927', passed by the council hf the city of Alameda in regulor adjourned meeting on the 24th day of January, 1927. --City Cle.WM BEhe City of Alameda.