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Home My WebLink About2008-04-08; City Council; 19390; Amendments to the Municipal CodeCITY OF CARLSBAD - AGENDA BILL AB# 19,390 MTG. 4/08/08 DEPT. Clerk AMENDMENTS TO CHAPTERS 2.08 AND 2.44 ^\c True /^ A mi OB A n Bfli i Aii^in A i f+t^r\cOr THE CARLSBAD MUNICIPAL CODE DEPT. HEAD X£S CITYATTY. ^ CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. NS-883 repealing Sections 2.44.025 and 2.44.027 and amending Sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. ITEM EXPLANATION: Ordinance No. NS-883 was introduced and first read at the City Council meeting held on April 1, 2008. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,383 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. NS-883. DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED jsr D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D nn EXHIBIT 1 1 ORDINANCE NO. NS-883 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING CHAPTERS 3 2.08 AND 2.44 OF TITLE 2 OF THE CARLSBAD 4 MUNICIPAL CODE TO BRING THEM INTO CONFORMANCE WITH THE VARIOUS MEMORANDA OF 5 UNDERSTANDING AND THE PERSONNEL RULES AND REGULATIONS. 6 7 The City Council of the City of Carlsbad, California, does ordain as follows: 8 SECTION 1: That Chapter 2.08 section 110 of the Carlsbad Municipal Code is 9 amended to read as follows: 10 2.08.110 Public access to meetings. 11 (a) All meetings of the city's boards, commissions and committees shall be open to the public. If any board or commission appoints a subcommittee, all meetings 12 of the subcommittee shall be open to the public. (b) Notwithstanding subsection (a) of this section, a board, commission or 13 committee may hold a closed session provided they first obtain a written opinion from the city attorney that the closed session is allowed under the provisions of the Brown 14 Act. (Ord. 1297 §1,1987) SECTION 2: That Chapter 2.44 section 025 of the Carlsbad Municipal Code is 16 repealed in its entirety: 17 2.44.025 Personnel Board. 18 There is created a personnel board to consist of five members to be appointed by the mayor with the approval of the city council. The first board to be appointed will, at its first meeting, so classify its members by lot, that one will serve for a term to expire 20 June 30, 1976, one will serve for a term to expire June 30, 1977, one will serve for a term to expire June 30, 1978, and two will serve for a term to expire June 30, 1979. At 21 the expiration of each of the terms so provided for, a successor will be appointed by the mayor with the approval of the city council for a term of four years. The personnel 22 board will adopt rules of procedure and will select a chairman from among its members, who will act as presiding officer. 23 Vacancies on the personnel board will be filled by appointment by the mayor with the approval of the city council for the unexpired term. Each member will serve until his/her successor is appointed and qualified. A majority vote of the city council will be 25 required to appoint or remove a member of the personnel board. Members of the personnel board will be residents of this city. No person will be 26 appointed to the board who holds any salaried office, employment or appointive position with this city. 27 The personnel board will have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power 28 1 to require the production of evidence by subpoena. Subpoenas will be issued in the name of the city an attested by the city clerk. 2 Each member of the personnel board will have the power to administer oaths to witnesses. (Ord. NS-793 §§ 5 (part), 7 (part), 2006; Ord. 1201 § 1, 1977: Ord. 1179 § 1 3 (part), 1975) 4 SECTION 3: That Chapter 2.44 section 027 of the Carlsbad Municipal Code is 5 repealed in its entirety: 6 2.44.027 Duties of the personnel board. 7 The personnel board will determine the order of business for the conduct of its meetings and will meet on call of the chairman, a majority of the members of the board ^ or the city manager. A majority of the members of the board will constitute a quorum for Q the transaction of business. The board, as provided by this chapter and by the personnel rules, will hear 10 appeals submitted by any person in the classified service relative to any disciplinary action, dismissal, demotion, charge of discrimination or alleged violation of this chapter 11 and will hear grievances which have not been resolved to the employees' satisfaction at the city manager (or his/her designee) step. The board will certify its findings and 12 recommendations as provided in the personnel system rules. Recommendations regarding grievances will be advisory to the city manager. Recommendations regarding 13 appeals will be advisory to the city council, or, if the city manager has been delegated final decision-making authority, then to the city manager. The personnel board will also hear and decide such other matters as the city 15 council may by resolution determine. (Ord NS-793 §§ 5 (part), 11, 2006; Ord. 1260 § 1, 1983; Ord. 1179§1 (part), 1975) 16 SECTION 4: That Chapter 2.44 section 095 of the Carlsbad Municipal Code is 17 amended to read as follows: 18 2.44.095 Right of appeal. Any employee in the classified service will have the right to appeal to a hearing 2Q officer any disciplinary action or alleged violation of this chapter or the personnel rules, except in those instances where the right of appeal is specifically prohibited by this 2i chapter or the personnel rules. (Ord. NS-793 §§ 5 (part), 15, 2006; Ord. 1179 § 1 (part), 1975) 22 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 23 adoption and the City Clerk shall certify the adoption of this ordinance and cause it to be 25 published at least once in a newspaper of general circulation in the City of Carlsbad 26 within fifteen days after its adoption. 27 28 3 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1st day of April, 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of April, 2008, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney ATTEST: