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HomeMy WebLinkAbout1975-05-20; City Council; 1179; CMC 2.44 adds - Personnel Board, 1 2 3 4 5 6 7 e 9 1c 11 12 12 0 14 2c 21 2% 22 24 25 26 27 20 l- u on ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.44, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 2.44.025, 2.44.026, 2.44.027 AND 2.44.095 TO PROVIDE FOR A PERSONNEL BOARD. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 2, Chapter 2.44 of the Carlsbad Municipal Code is amended by the addition of Sections 2.44.025, 2.44.026, 2.44.027 and 2.44.095 to read as follows: "2.44.025 Personnel Board. There is hereby created a Personnel Board to consist of five members to be appointed by the City Council. The first board to be appointed shall at its first meeting so classify its members by lot that one shall serve for a term which shall expire June 30, 1976, one shall serve for a term which shall expire June 30, 1977, one shall serve for a term which shall expire June 30, 1978 and two shall serve for a term which shall expire June 30, 1979. At the expiration of each of the terms so provided for, a successor shall be appointed by the City Council for a term of four years. rules of procedure and shall select a chairman from among its members who shall act as presiding officer. pointment by the City Council for the unexpired term. Each member shall serve until his successor is appointed and qualified. A majority vote of the City Council shall be required to appoint or remove a member of the Personnel Board. this city. No person shall be appointed to the Board who holds any salaried office, employment or appointive position with this city. the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the produc- tion of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested by the City Clerk. Each member of the Personnel Board shall have the power to administer oaths to witnesses. The Personnel Board shall adopt Vacancies on the Personnel Board shall be filled by ap- Members of the Personnel Board shall be a resident of The Personnel Board shall have the right of subpoena, 2.44.026 Appointment to the Personnel Board. All appoint ments to the Personnel Board shall be made in accordance with the procedure set out in this section. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 When a vacancy on the Personnel Board occurs, the City Manager shall nominate and solicit nominations for appointment to the Board from each formally recognized employee organization. The City Manager shall meet with an employee representative from each formally recognized employee organization and attempt to reach a unanimous agreement on a list of at least three names for each vacancy for submittal to the City Council. The City Council shall appoint from the agreed list. In the event agreement is not reached within thirty days from the date of the City Manager's solicitation of nominations, all nominations made and not eliminated by unanimous agreement between the City Manager and the employees' representatives shall be submitted to the City Council. The City Council shall appoint from the list of nominees. 2.44.027 Duties of the Personnel Board. The Personnel Board shall determine the order of business for the conduct of its meetings and shall meet on call of the chairman a majority of the members of the Board or the City Manager. members of the Board shall constitute a quorum for the transac- tion of business. shall hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination or alleged violation of this ordinance and shall hear grievances which have not been resolved to the employees' sstisfaction at the City Manager step. The Board shall certify its findings and recommendations as provided in the personnel system rules. Recommendations regarding grievances shall be advisory to the City Manager. Recommendations regarding appeals shall be advisory to the City Council. A majority of the The Board, as provided by this ordinance and by the rules, 2.44.095 Right of appeal. Any employee in the competi- tive service shall have the right to appeal to the Personnel Board any disciplinary action or alleged violation of this chapter or the rules and regulations adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules. All appeals shall be concluded as expeditiously as possible and in accordance with the require- ments and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. 2. 1 2 3 4 5 6 7 8 9 IC 11 12 1Z P 14 a 2c 21 2: 2: 24 2: 2t 2'; 21 t V r)C INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of May I 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 20th day of May , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and NOES: None Councilwoman Casler ABSENT: None I' ATTEST : (SEAL) 3.