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1927-03-08 Charter Amendment1105. THE G =nEHAL , 1927" J"3S0LVED by the COIU1Cil of be said city to the qualified voterE of the municipal words and :igur PilO?OS ITION NO" sectiten (10)Article VII, beendedread as follows: ?RO?OSl?ION NO. .. , (9) to sixteen (16 r the preforential both inolusive. of Article of voting, berepeale AYES;La thamNeiss, Noble, ?raver andOtis , ( ). affixed the official seal E. VAtCOE City Clerk of the City of Alameda CityAlameda) . of Alameda, at the General of the ci t:\' f Alar, eda correct the Charter of 1927" passed 18th CityAlame dB." SUnMITTING PROPOSAL CrTY ALAMEDA SAID 01 iESOLVED, by of the City of Alameda, that at the general election to be held in said city on Tuesday, March 8, 1927, a charter amendment be mitted to the qualified voters of the city in words and figures as follows: PROPOSITION NO. That thereto, to be and members of follows: the charter of the City of Alameda be amended by adding a new arti cle numbered ARTICLE XV, providing civil service regulations for officers the police and fire departments of the city, said arti cle to read as ARTICLE XV. Section 1. There shall be a Civil Service Board in and for the City of Alameda, which board shall 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 until 1sy I, 1929; another member to serve until )'Iay 1, 1931, and a third member to serve until May I, 1933. In the month of 1sy, 1929, and every second year thereafter, one member shall be in like manner appointed for a term of six years, to take the place of the member whose term shall expire. The members of the Civil Service Board shall serve without compensa-tion. If a vacancy occurs 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 alW member of the board, such member may be removed from office by the city manager, subject to approval by an affirmative vote of thTee members of the conncil, but 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 issued to compel the attendance of witnesses who shall be required to give testimony if such member of the Civil Service Board so requests. In such cases the hearings shal be public and a full and complete statement of the reasons for such removal, if such member be removed, together with the findings of fact as made by the council, sha 11 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. shall also appoint a clerk to keep a record of the proceedings of the board. Said officers shall serve without compensation. Sec. 3. The board shall classify all places of employment now ex- isting or hereafter ceeated in or under the police or fire departments. The places so classified by the board shall constitute the classified civil service of the city, rnJ d no appointment to any such place shall be made except according to the rules hereinafter mentioned. The board shall provide for an eligible list from which vacancies shall be filled, for a period of probation before employment is made permanent, and for promotion on the basis of merit, experience and record. The conncil, whenever requested by the board, may bW ordinance confer upon the board such rights, duties and privileges other than those mentioned in this charter, as may be necessary to properly en- force and carry out the principles of civil service. Sec. 4. The board shall make rules to carry out the pnrposes of this article, and for examinations, appointments and promotions. All rul es and all changes therein shall be forthw i th 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, competi ti ve and free. The board shall hold such exami- nations whenever they deem necessary. Such examinations shall be for the purpose of determining the qualifications of applicants for posi tions. They shall be practical and shall fairly test the fitness of the persons examined to discharge the duties of the posi tions to which they seek to be appointed. Sec. 6.to be filled the number of list for such when there is Vmenever a position in the police or fire departments is the board shall certify to the city manager three times persons having the highest standard on the eligible position; provided, that a less number may be certified not the required number on the eligible list. All persons not appointed shall be restored to their relative positions on the eligible list. All persons who have been on the eligible list for two years without appointment shall be removed therefrom. Sec. 7. The board shall provide for promotion in the police and fire departments on the basis of ascertained merit, seniority in the service, and standing upon oompetitive examination; and shall provide in all cases where practi cable, that vacancies shall be filled by pro- motion from among such members of the next lower rank established by the board as submit themselves for such examination for promotion. The bOard shall certify to the city manager the names of no t more than three applicants having the highest rating for each promotion. Sec. 8. Appointments to the police or fire departments, when first made, shall be on probation of a character and for a period to be fixed by 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 during his pro- bationary period without, notice or hearing. Sec. 9. The provisions of this article shall apply to all of- ficers and 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 an d fire departments shall be subject to suspension, fll1e and also removal from office by the city manager in case of misconduct, discourtesy,discbedience, incompetency or failure to perform their duties or observe the rules and regulations of the departments, subject to appeal of the ag0rieved parties to the Civil Service Board as herei provided. Sec. 11. The chief of police or fire ohief may impose a fine of not to exceed One Hundred Dollars ($100.00), or temporarily suspend for a period not to exceed Sixty (60) days any officer or member of his department for any of the causes mentioned in the preceding section. In such case he shall immediately report the facts in writing to the ci ty manager and furnish a copy thereof to the subordinate officer or member affected, providing he requests a copy thereof. The city manager shall, if demanded by such subordinate, hear the evidence for and against him and shall thereupon affirm, modify or revoke the fine or sU13pension imposed by the chief of the respeoti ve department. Sec. 12. Any person ordered suspended, fined or discharged may, within five days from the making of such order by the city manager, appeal therefrom to the Civil Service Board, which board shall thereupon fully hear a1 d determine the matter. The accused shall be entitled to appear personally and be represented by counsel at a public hearing if he demands the same. The decision of the Civil Service Board thereon shall be enforced by the city manager and shall be final and conclusive; provided, should it appear, in the opinion of the Civil Service Board that the appeal is a frivolous one and without merit, said board, in the case of a fine or suspension, may increase the amount of the same or impose a further and addi tional penalty on account of such frivolous appeal. Sec. 13. Appointments to fill temporary posi tions may be made only with the majority consent of the board, and temporary appointments so made shall lapse and become void at the end of a period of time not to exceed 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 copies of said amendment printed in convenient pamphlet form, and shall, until the day fixed for the election upon said amendment, ad-vertise in the foregoing newspaper a notice that such copies may be had at his office upon application therefor. He shall also print a proper and sufficient synopsis of said amendment upon the sample ballots and the official ballots to be used at said ele ction, as required by law. , the i11dersigned, hereby certify that the foregoing :\esc1ution was duly and regularly introduced and adopted by the council of the ci ty of Alameda in regular ad j ourne d meeting assembled on the 24th day of January, 1927, by the following vote, to wit: AYES:Oouncilmen Latham, Neiss, Noble, Traver and President Otis (5) . NOES: None. ABSEIJT: None. IN TESTIMONY ,HEREOF, I have hereunto set my hand and affixed the official seal of said city this 25th day of January, 1927. W. E. VAROOE City Clerk of the City of Alameda. (Seal of the City of Alameda). I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 1109. Submitting a Prcposal for amending the charter of the Oity of Alameda at the general election to be held in said city March 1927", passed by the council of the city of Alameda in regular adjourned meeting on the 24th day of January, 1927. Oi ty ClerCity of Alameda. SOLUTION NO. l12S. RESOLUTION DECLARING RESULT OF ELECTION. REREAS, a general municipal election was held in the City of Alameda on Tuesday, March Sth, 1927, under and pursuant to the provisions of Article XI of the charter of sm d ci ty, to fill the offi ces of councilmen held by Al Latham and Clarence L. Traver, respect- ively, whose terms expire on April 19, 1927, AND WHEREAS, nominating petitions were duly filed and presented to the city clerk in the time, form and manner prescribed by the city charter, nominating William R. Calclltt, Al Latham, Paul S. Nellmann, W. B. O'Brien and Clarence L. Traver as members of the cow1cil, AND ViREREAS, said nominations Viere entered in a list, with the offices to be filled which list was certified to in the time, form and manner required by section 8, Article XI of the city charter, whereupon an election proclamation, stating the time of the election the offices to be filled, w1d the names of the candidates, signed by the mayor and attested by the city clerk, was duly and regularly published more than ten days before said election three times in the Alameda TimeStar, the official paper of said city, AND WHEREAS, all the ballots used for said election were prepared and arranged in form and contents as provided in section 9 of said Article XI, a sample ballot being mailed to eahh registered voter on or before February 24th, 1927, being more than ten days preced- ing said election, together with a copy of the propositions hereinafter mentioned AND WHEREAS, five propositions were submitted to the electors to be voted upon a t said election, which pr oposi tions were set forth in a separate column on the right side of said ballots in words and figures as follows: PROPOSITION NO. I. Shall Section 10, Article VII of the city charter be amended so as to provide that the board to try charges against mem-bers of the police 0 r fire departments shall consist of the mayor, police judge and city treasllrer, instead of the mayor police judge and city attorney? PROPOSITION NO. Shall the charter be amen ded so as to repeal the preferential system of voting? PROPOSITION NO. Shall the charter be amended so as to provide the pr oposed detailed civil service regulations for officers and members of the police and fire departmentsr PROPOSITION NO. Shall the proposed ordinance pro- viding for a pension retirement syetem for city employees be adopted7 PROPOSITION NO. Shall all the territory in Brooklyn Basin situated between the center line of the south channel and the center line of the north or Brooklyn channel, includ- ing Government Island, be exclllded from the corporate limits of the City of Al- ameda. .. .. .. .. .. ..o, .. .. .. .. . YES' .. ... ....... NO. .. .. .. .. .. .. .. .. .. .. .............. . YES' .. .. .. .. .. .. .. .. .. .. .. NO' ....... .................. . YES ...... ....... NO: ..... ........ .......... . YES' ...... ....... NO: .. .. .. .. .. .. .. .. .. .. ............. . YES. .... ... NO' .. ...... """ AND WHEREASthere were fifty-eight (58) election precincts provided for holding and conducting said general municipal election, said precincts being the same as those provided by the board of supervisors of Alameda County for holding state and county elections AND WHEaEASthe officers appointed to conduct said election were duly appointed and qualified, and all election supplies furnished and election booths provided for each precinct as required by law AND WHEREAS, said general municipal election was held and conducted, and the votes cast thereat received and canvassed and the returns thereo f ascertained determined and declared in the time, form and manner provided by law AND WHEREAS,the Council 0 f the City of Alamedathisits nextregular meeting following said election, having met and canvassed thereturns of thevotes cast thereat, now therefore IT IS HEREBY RESOLVED,determinedand declared and said cOlncil finds as follows: That said election in all respects and particulars washel d and conductedin time,form and manner provided by law and the charter ofsaid city; Tha t thevote cast in thedifferent precincts throughoutthe ci ty for allthe candidatesand also on saidquestions was as follows: CALCUTTNEUMANNO'BRIENTRAVER 2;1 1'7 4'7 '74 103 46 20 Total-21143471242532385119432616672341171893412124 GRAND TOTAL- 25853005161620182429 V() PROPOSITION #1.PROPOSITION #2.PROPOSITION #3.PROPOSITION #4.PROPOSITION #5. YESYESYESYESFORAGAINST 106 175 139 3'7 1'7 150 128 5'7129 3'7107 4'7150 129 1'7 159 145 2'7 5'7124 105 5'7104 120 100 2'7102 130 110 105 131 114 119 144 3'7 4'7 1'7 108 1;2 5'7'7312'7 112 10'7 '72119 4'71;3115 3'7 105 2'7 149 :35 5'7'70112 TOTAL -2403 2497253321152100 29012074 325'7229831636045 That the total vote castin so. id ci ty forthe ca ndi da te sfor the council was as follows: 1st Choice2nd Choice3rd ChoiceTotal Vote. WILLIAM R.CALCUTT2114::471242585 AL LATHA25323853005 PAUL S. NEMANN11943261616 W. B. O'BRIEN166'72341172018 CLARENCE L. TRAVER18934121242429 That thetotal votecast in saidcity on saidquestionswas asfollows: PROPOSITION NO. Shall Section 10, Article VII of the .. ....... .....0. city charter be amended so as to provide YES: 2403 .that the board to try charges against mem- bers of the police or fire departments1\ ....... ............ sha 11 consi st of the mayor, police judgeNO . 2497 .and city treasurerinstead 0 f the mayor police judge and city attorne .. ..... ..... ."'..."'.0... PROPOSITION NO.. YES' 2533' Shall the charter be amended so as to repeal the preferential sy stem of voting? .. ......... NO' 2115' .. .. . . . . .. .. .. . . . PROPOSITION NO. " .. . co . . . .. . .. . 0 .. Shall the charter be amended so as to provide the proposed detailed civil service regulations fo r officers and members of the police and fire departments? . YES . 2100' .. . . . .. . . . . oJ .. . , NO . 2901' ...... ....".... PROPOSITION NO. . $ . . . . . .. . . .. .. .. Shall the proposed ordinance pro- viding for a pension retirement sy stem for city employees be adopted? : YES : 207( . ".... ... ..... NO . 3257' " " .. . . . . . . .. .. . . PROPOS ITION NO. Shall all the territory in Brooklyn. . ......... .. Basin situated between the center line . YES . 2298'of the south channel and the center line. of the north or Brooklyn channel, includ- ............. ing Government Island, be excluded from NO . 3163'the corporate limits of the City of Al- !8meda r .. ""." .......... MID \mEREAS, said WILLIAM R. CALCUTT and AL LATHAM each received a majority of all votes cast of all choices for the office of councilmen, said WILLIAM R. CALCUTT and AL LATHAM are hereby declared elected respectively, as members of the city council of the City of Alameda, to hold their respective offices for a period of f01r years from and after eight o'clock p. m. of Monday, the 18th day of April, 1927, and until their successors are elected and qualified. AND WHEREAS, it is found that a majority of all votes No.2 aforestated to amend the city charter was in favor of the said charter amendment is hereby declared adopted, and the same force and effect upon its approval by the legislature. cast on Proposition adoption thereof shall go into full I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted: by the Council of the City 0 f Alameda in regular meeting assembled on the 15th day of March, 1927, by the following vote, to wit: AYES: Councilmen Latham, Neiss, Traver and President Otis, (4). iiOES: None. ABSENT: Councilman Noble, (1). IN TESTIMONY WHEREOF, I have hereunto set my he d and affixed the 0 ffic ial seal of said city this 16th day of March, 1927. w. E. VARCOE City Clerk of the City of Alameda. (Seal of the City of Alameda). I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 1128. Resolution Declaring Result of Election, passed by the Council of the City of Alameda in reg\llar meeting led on the 15th day of fisrch, 1927. ... City Clerk of the City of Alameda.