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HomeMy WebLinkAbout1977-06-07; City Council; 5094; CMC 2.44.025/026 amendmentCITY OF CARLSBAD AGENDA BILL NO. 5) Yfl DATE : June 7, 1977 DEPARTMENT: PERSONNEL Initial: C. Msr. AMENDMENT TO CARLSBAD MUNICIPAL CODE, Sections 2.44.025 and Sub j ect : 2.44.026. PERSONNEL BOARD APPOINTMENTS I Statement of the Matter At the time the Personnel Board of the city was created provisions were placed in the municipal code whereby nominations for appointment were solicited from each formally recognized employee association. The City Council had agreed to make appointments from that list. Subsequent to the adoption of this section of the municipal code the City Attorney has reyiewed-the laws and authority pertaining to appointments of city commissions, committees, boards and authorities. It is the opinion of the City Attorney that the appointment policy enacted for the Personnel Board is not consistent with the provisions of state law. This was stated in the attorney's report to the mayor and council members dated November 15, 1976. Accordingly it is recommended to the City Council that Sections 2.44.025 and 2.44.026 be amended to reflect the recommendations of the City Attorney. Exhibit 1. Ordinance No. /Ad/ . Recommendation JC Introduce Ordinance No. /Ab/ for first reading Counci 1 action 6-7-77 This matter was continued to the adjourned meeting of June 14, 1977. 6-44-77 6-21-77 Ordinance No. 1201 was given a second reading and adopted. Ohdinance No. 1201, revising procedures for the Personnel Board, was introduced for a first reading by title only. 1 '1 2 2 4 F Y E 7 € 9 1c 11 12 n u r- 18 19 21 22 -- 23 24 25 26 27 28 ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF SECTION 2.44.025 AND BY THE DELETION OF SECTION 2.44.026 TO REVISE PROCEDURES FOR APPOINTFENT TO TIIE PERSONNEL BOARD. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Chapter 2.44 of the Carlsbad Municipal Code is amended by the amendment of Section 2.44.025 to read as follows: "2.44.025 Personnel Board. There is created a Personnel Board to consist of five members, to be appointed by the Mayor, dith the approval of 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 to expire on June 30, 1976; me shall serve for a term to expire June 30, 1977.; one shall serve for a term to expire June 30, 1978; and two shall serve for a term to expire June 30, 1979. At the expiration of each 3f the terms so provided for, a successor shall be appointed by the Mayor with the approval of the City Council for a term of four years. The Personnel Board shall adopt rules of procedure and shall select a chairman from its members, who shall act as presiding officer. nent by the Mayor with the approval 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. Members of the Personnel Board shall be residents of this 2ity. salaried office, employment or appointive position with this City. power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power to require the production 3f evidence by subpoena. Subpoena shall be issued in the name of the City and attested by the City Clerk. administer oaths to witnesses." Vacancies on the Personnel Board shall be filled by appoint- No person shall be appointed to the board who holds any The Personnel Board shall have the right of subpoena, the Each member of the Personnel Board shall have the power to SECTION 2: Chapter 2.44 of the Carlsbad Municipal Code is amended by the deletion of Section 2.44.026. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the r .. 1 2 3 4 5 6 7 E 9 1c 11 19 20 -. 21 22 23 24 25 26 27 28 adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad , 1977 and thereafter. June City Council held on the day of PASSED AND ADOPTED at a meeting of said City Council held on the '21st day of June , 1977, by the following vote to wit: AYES : Councilmen Frazee, Lewis, Packard and Councilwoman Casler. NOES : None. ABSENT: Councilman Skotnicki . ATTEST : MARGARET E. AGZ&S,-City Clerk NORA K. GARDINER, Deputy city Clerk (SEAL 2.