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.
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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
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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.