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Ord 0378-ORDINANCE OF THE TOWN OF LOS GATOS CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE SELECTION, EMPLOYMENT, CLASSIFICATION, ADVANCEMENT, SUSPENSION, DISCHARGE AND RETIREMENT OF APPOINTIVE OFFICERS AND EMPLOYEES OF SAID TOWNN 71 0 ORDINANCE NO. AN ORDINANCE OF THE TOWN OF LOS GATOS CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE SELECTION, EMPLOYMENT, CLASSIFICATION, ADVANCEMENT, SUSPENSION, DISCHARGE AND RETIREMENT OF APPOINTIVE OFFICERS AND EMPLOYEES OF SAID TOWN AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE TOWN COUNCIL OF THE TOWN OF LOS GA`1'OS DOES ORDAIN AS FOLLOWS: SECTION 1. ADOPTION OF PERSONNEL SYSTEM. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. Ordinance 244 of the Town of Los Gatos, adopted on the 20th day of January 1936, and all amendments thereto are hereby repealed except as regards to appointments made thereunder. The exceptions are set forth in the following sections. SECTION 2. PERSONNEL OFFICER. The Town Manager shall be ex officio. Personnel Officer. With the approval of the Council, the Town Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this ordinance.to any other officer or employee of the Town or may recommend that such powers and duties be performed under contract as provided in Section 20 of this ordinance. The Personnel Officer shall: (a) Attend all meetings of the Personnel Board. (b) Administer all the provisions of this ordinance and of the personnel rules not M specifically reserved to the Council or the Personnel Board. -1- SECTION 2 Contd. 0 (c) Prepare and recommend to the Council revisions and amendments to the personnel rules. The Town Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council. (d) Prepare a position classification plan, in- cluding class specifications, and revisions of the plan. -The plan, and any revision thereof, shall become effective upon approval by the Council. (e) Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan., and any revisions thereof, shall.become effective upon approval by the Council. SECTION 3. PERSONNEL BOARD. There is hereby created a Personnel Board to consist of three members, to be appointed by the Council. The appointments made by the Council to the Board of Review in accordance with Section 6 of Ordinance 244 of the Town of Los Gatos shall remain in effect as appointments to the Personnel Board. The three appointees to the former Board of Review shall now constitute the Personnel Board created by this,ordinance. 'vacancies on the Board shall be filled by appointment by the Council for the unexpired term. At the expiration of each of the terms so provided for, a successor shall be appointed by the Council for a term of six years. Each member shall serve until his successor is appointed and qualified. A majority vote of the Council shall be required to appoint a member of the Personnel Board, but a four-fifths vote shall be necessary to remove any member of the Personnel Board from y • SECTION 3 (Cont'd) SECTION 4. 0 office prior to the expiration of his term. Members, of the Personnel Board shall be residents of this Town. No person shall be appointed to the Board who holds any salaried public office or employment with the Town of Los Gatos, nor shall any member, while on the Board or for a period of one year after his term has expired, be eligible for appointment in the competitive service of the Town of Los Gatos. DUTIES OF THE PEaSONNEL BOARD. The Personnel Board shall determine the order of business for the conduct of its meetings and shall meet regularly if so required:by the rules, or on call of the chairman or two members of the Board. Two members of the Board shall constitute a quorum for the transaction of business. The functions of the Board shall be: (a) As provided by this ordinance and by the rules, to hear appeals submitted by any person in the competitive service relative to any disciplin- ary action, dismissal, demotion, or alleged violation of this ordinance or the personnel rules,and to certify its findings and recommenda- tions as provided in this ordinance. (b) In any investigation or hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attend- ance or production of evidence by subpoenas issued in the name of the Town and attested by the Town Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served and refusal of a person to attend or ; to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law. for failure to appear _3_ SECTION 4. (Cont d) (b) before the Council in response to a subpoena issued by the Council. Each member of the Personnel Board shall have the poorer to administer oaths to witnesses. (c) To publish,or post notices of tests for positions in the competitive service; to receive applications therefor; to conduct and grade tests; to certify to the appointing power a list of all persons eligible for appointment to the appropriate position in the competitive service, The Personnel Board shall cause the duties imposed upon it by this subdivision to be performed by the Town Manager in his capacity as Personnel Officer who, as to such duties, shall be subject only to the direction and control of the Personnel Board. (d) When requested by the Council, the Personnel Board shall hold hearings and.make recommenda- tions on any matter of personnel administration within the limits of the request of the Council. (e) The Personnel Board shall concern itself with any personnel matter brought to its attention by any member, of the competitive service or referred to it by the Personnel Officer. If in the opinion of the Personnel Board a recomm- endation is necessary, a report and recommenda- tion may be made to the Town Council. SECTION 5. COMPETITIVE SERVICE. The provisions of this ordinance shall apply to all offices, positions and employments in the service of the Town, except: (a) Elective-officers and their duly appointed deputies.. (b) Members of appointive boards, commissions and committees. SECTION 5 (Cont'l (e) Persons engaged under contract to supply expert, professional or technical services. (d) Volunteer Personnel:, such as volunteer firemen, who receive no regular compensation from the Town. (e) The Town. Manager; the Town Engineer; the Town Attorneys Tax and License Collector and Deputy Tax and License'Collector. SECTION 6. ADOPTION OF MULES. Personnel rules, prepared by the Personnel Officer subject to this ordinance and to " revision by the Council, shall be adopted, and may be amended from time to time, by resolution of the Council. The rules shall establish specific pro- cedures and regulations governing the following phases of the personnel system: (a) Preparation, installation, revision, and main- tenance of a position classification plan covering all positions in the competitive service, including employment standards and x qualifications for each class. (b) Preparation, revision, and administration of a plan of compensation` directly correlated with the position classification.plan, pro- viding a rate or range of pay for each class. (c) Public announcement of all tests and the acceptance of applications for employments (d) Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment. (e) Certification and appointment of persons from employment lists, and the making of temporary and emergency appointments. (f) Evaluation of employees during the probationary period. -5- SECTION 6. (Contrd) (g) Transfer, promotion, demotion, and reinstate- ment of employees in the competitive service. (h) Separation of employees from the Town service through lay-off, suspension, and dismissal. (1)' Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training, (J) Suitable provision for orderly and equitable presentations to the Personnel Officer and the Town Council by employees relating to general conditions of employment. (k) Content, maintenance, and use of personnel records and forms. SECTION 7. APPOINTMENTS. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained as far as practicable by competi- tive examinations. Examinations shall be used and conducted to aid in the selection techniques as achievement and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, or any combination of these, which will, in the opinion of the Personnel Officer, test fairly the qualifi.cati.ors of candidates. Physical and medical tests may be given as a pars, of any examination. In any examination the Personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. Appointments shall be madeby the Town Council, or by the Officer in whom the power to make appoint- ments is vested by law. -6- SECTION 7. (Conted) 0 When appointment is to be made to a vacancy in the competitive service, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list. In the absence of appropriate employment lists, a temporary appointment may be made by the appointing power of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment.` The Town Manager with the approval of 4/5 of the Town Council, may extend the period for any temporary appointment to a position for not more than thirty days, by any one action. When `a. position is to be filled by temporary appoint- ment, ora temporary,appointment'is to be extended, the Council shall direct the Town Clerk to record such action in the minutes of the meeting of the C ouncl l No special credit shall be allowed in meeting any qualification or in the giving of any test or the-establishment of any-employment or promotional. lists, for service rendered under a provisional appointment During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy maybe filled by the appointing power subject to the provisions of this ordinance and the personnel rules. SECTION 8. PROBATIONARY PERIOD. All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year. During.the probationary period, the employee:: may be rejected at any time without right of appeal or hearing. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from the Town service as provided in this ordinance and the rules. An employee in the competitive service promoted or transferred.to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred if, within one year after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this ordin- ance and the personnel rules for positions in the competitive service. SECTION 9. STATUS OF`PRESENT EMPLOYEES. Any person holding a position-included in the competitive service who, on the effective date of this ordinance, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this ordinance and the personnel rules. Any other persons holding positions in the competitive service shall be regarded as pro- bationers who are serving out the balance of their -8- SECTION 9. (Cont. 0 probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appoint- ment or employment. SECTION 10. APPOINTMENTS SUBJECT TO ORDINANCE. The Council and any officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this ordinance and the personnel rules. SECTION 11. SUSPENSION. Any person holding a position or employ- ment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power and without right of appeal, but such suspensions shall not exceed a total of thirty calendar days in any fiscal year. A department head not having power of appointment may make disciplinary suspensions in accordance with the rules. SECTION 12. BEQUEST FOR HEARING. Any permanent employee in the competitive service who has been demoted, dismissed, or reduced in pay,-,shall be entitled to request a written statement of the reasons for such action. Such a request must be made within three working days following the action, and he shall have three additional working days within which to answer the charges in writing. In the event the.-employee requests the statement and prepares his written answer, copies of both shall be filed with the Personnel Officer, who shall transmit them to the Personnel Board. Within ten days from the date of filing his answer to the written charges, or in the event such written charges have not been made avail- able to him within the time prescribed, then within ten days after action taken to demote, dismiss, or reduce the pay of the employee, he may file a -9 U SECTION 12. (Coot°d) 0 written demand with the Personnel' Officer requesting a hearing before the Personnel Board. The Personnel Board shall then investi- gate the case and conduct a hearing as provided in this ordinance and by the rules. The provisions of this Section shall not SECTION 13. apply to reductions in pay which are a part of a general plan to reduce-salaries and wages. BIGHT OF APPEAL. Any employee in the competitive service shall have the right to appeal to the Personnel Board relative to any disciplinary action, dismissal, demotion, or alleged violation of this ordinance or the personnel rules, except in instances where the right of appeal is pro- hibited,by this ordinances Thereupon, the Personnel Board shall make such investigation as it may deem necessary and within twenty days after the request for hearing was filed, the Board shall hold a. hearing.. The hearing need not be conducted accord- ing to technical rules relating to evidence and witnesses. Within ten days after concluding the hearing, the Personnel Board shall certify its findings and recommendations to the Council, to any other official from whose action the appeal was taken, and to the employee affected The Council shall review the findings and recommendations of the Personnel Board and may then affirm, revoke, or modify the action taken, as in its judgement seems warranted, and the action taken shall be .final. SECTION 14. ABOLITION OF POSITION. Whenever in the judgement of the Council it becomes necessary in the interest of economy or because the necessity for -l©- SECTION 14. (Con) the position or employment involved no longer exists, the Council may abolish any position or employment in the competitive service and lay- off, demote or transfer an employee holding such position or employment without filing written charges and without the right of appeal. Seniority shall be observed in effecting such reduction in personnel and the order of lay-off shall be in the reverse order of total cumulative time served in the Town service upon the effective date of the lay-off. Icy-off shall. be made within classes of positions, and all pro- visional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee. For the purpose of determining order of lay- `s off, total cumulative time shall include time served on military leave of absence. The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classes which, in the !I opinion of the Personnel Officer require basically the same qualifications and duties and responsib- ilities as those of the class of positions from which lay-off was made. Names of persons laid'off shall be placed upon re-employment lists in order of their compe.t= ency, and shall remain on such lists for a period of two years unless re-employed sooner. For: re-employment purposes, competency of a person laid off shall be determined by the head of the department in which such person worked. -11- SECTION 1 5. IMPROPER POLITICAL ACTIVITY. Any person holding an office or employment in the competitive service shall not: (a) Seek or accept election, nomination, or appointment as an officer of a political club or organization, (b) Take an active part in a county or municipal political campaign. (c) Serve as a member of a committee of such club, organization or circle, (d) Seek signatures to any petition provided for by any law. (e) Act as a worker at the polls or distribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candid- ate for election or nomination to a county or Town office. SECTION 16. ACTIVITIES NOT AFFECTED. This ordinance does not prevent any officer or employee from: (a) Becoming or continuing to be a.member of a political club or organization. (b) Attendance at a political meeting. (c) Enjoying entire freedom from all inter- ference in casting his vote. (d) Seeking or accepting` election or appoint- ment to public office while on leave of absence. (e) Seeking signatures to ,any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions. (f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, if the activity is not carried on during hours of work, or when he is `dressed in the -12- i SECTION 16. (Cont'd). (f) uniform required in any department of the Town government. The violation of any provision of Sections 15 or 16 is ground for discharge of any officer or employee. SECTION 17. DISCRIMINATION. No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief. SECTION 18. SOLICITATION OF CONTRIBUTIONS. No officer, agent, clerk, or employee, under the government of the Town, and no candidate for any Town office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this ordinance. No officer or employee in the competitive service shall, directly or indirectly, solicit or receive, or be in any manner concerned in solicit- ing or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions, from any person other than an officer or employee in the competitive service. SECTION 19. RIGHT TO CONTRACT FOR SPECIAL SERVICE. The Personnel Officer shall consider and make recommOnda- tions to the Town Council regarding the extent to which the Town should contract for the performance of technical services in connection with the -13 SECTION 19. (Cont'd) establishment or operation of the personnel system. The Council may contract with any qualified preson or agency...for the performance of all or any of the following responsibilities and duties imposed by this ordinance; (a) The preparation of personnel rules and subsequent revisions and amendments thereto. (b) The;.preparation of a position classification plan, and subsequent revisions and amendments thereto. (c) The preparation of a plan of compensation, and subsequent revisions and amendments thereto. (d) The preparation, conduct and grading of competitive tests. (e) Special and technical services of advisory and informational character on matters relating to personnel administration, SECTION 20. APPROPRIATION OF FUNDS. The Town Council shall appropriate such funds as are necessary to carry out the provisions of this ordinance. SECTION 21. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the provisions of this ordinance shall be punishable by a fine of not more than 4500.00 or by im- prisonment for a period of not more than six months or by both such fine and im- prisonment. SECTION 22. SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining -14- SECTION 22. (Conttd) portions of this ordinance. The Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sub- divisions, sentences, clauses or phrases be de- clared unconstitutional. SECTION 23. EFFECTIVE DATE. PUBLICATION. This ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of fifteen days from the passage thereof shall be published at least once in The Los Gatos Daily Times, a daily newspaper of general circulation, published and circulated in the Town of Los Gatos, and thence- forth and thereafter the same shall be in full force and effect. The above and foregoing Ordinance was duly and regulsrly INTRODUCED at a continued regular meeting of the Town Council of the Town of Los Gatos held on the 25th day of April, 1955, and was thereafter at a regular meeting of the Town Council of the Town of Los Gatos held on the day of duly and regularly ADOPTED by the following vote: AYES : ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS NOES: ABSENT -15--