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HomeMy WebLinkAbout511 - Civil Service BoardL J u • L J • t ORDINANCE NO. 511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CREATING A CIVIL SERVICE BOARD, PROVIDING FOR THE MANNER AND METHOD OF APPOINTMENT, PROVID- ING FOR THE PLACING OF MEMBERS OF THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT UNDER CIVIL SERVICE. SECTION 1. CREATION AND ESTABLISHMENT OF CIVIL SERVICE. There is hereby created and established Civil Service for certain officers and members of the Fire Department and the Po- lice Department of the City of Newport Beach. All full time, reg- ular and permanent occupations or employment on the Police De- partment and Fire Department shall for the purpose of this or- dinance be known as Classified Service. SECTION 2. CREATION OF A CIVIL SERVICE BOARD. There is hereby created a Civil Service Board, consisting of three (3) members to be appointed by the City Council at its first regular meeting after the adoption of this ordinance. Each of the members shall be a person of good repute in his business, profession or occu- pation, and be known to be in sympathy with the merit system or Civil Service system in the public service, and with control of employment matters through a central personnel agency. No mem- ber shall hold any other city of- fice, and must be a bona fide resi- dent and elector in the City of Newport Beach. At the time of said appointment, the City Coun- cil shall designate one (1) of the citizens so appointed to serve a term which shall expire Decem- ber 31, 1941; one (1) of the citi- zens so appointed to serve for a term which shall expire Decem- ber 31, 1942, and one (1) of the citizens so appointed to serve for a term which shall expire Decem. ber 31, 1943. At the expiration of each of the terms so prodived for, • successor shall be appointed for • term of four (4) years. Any member of such commission may he removed from office for incom- petency, incompatibility, or derelic- tion of duty, or malfeasance in office, or other good cause, by the appointing power. Any decision of such Council shall be final. Vacancies of the Civil Service Board from whatever cause, shall be filled by the City Council for the ensuing or unexpired term. The Civil Service Board shall keep a record of its proceedings and transactions and shall provide rules and regulations for the keep- ing of service records of the Po- lice Department employees and the Fire Department employees and for the classification of such employees. Such rules and regula- tions shall have the force and ef- fect of law. SECTION 3. ORGANIZATION OF THE CIVIL SERVIC BOARD. Immediately after ap pointment, the Board shall organ- ize and shall elect one of its mem- bers as chairman. The Board shall appoint a chief examiner, who shall also act as Secretary of the Board. The Board may appoint such other subordinates as the City Council may by ordinance pre- scribe. Such Board shall hold meetings upon call of the Chair- man or any two members thereof, after at least three hours notice in writing served upon the mem- bers. SECTION 4. EXAMINATION FOR APPLICANTS. The Chief of each department shall, immediate- ly upon such department coming under this ordinance, file with the Civil Service Board an official list of all members of such depart- ment with the respective rank or grade held by each member. It shall be the duty of the Civil Service Board to hold examina- tions and to administer other suit. able tests to those desiring posi- tions or are applicants for appoint- ment or promotion in the classi- fied service of the Fire Depart ment and the Police Department, for the purpose of determining their fitness for such positions or their qualifications for such pru- motions, and, from the result of such examinations and tests, the Board shall prepare a list of eli- gibles for all positions in the classified service of the Fire De. partment and the Police Depart. ment. The City Council may con- tract with the legislative body or governing board of any other mu- nicipality or County within this state or with any State Depart- ment, as provided in Section 3, Chapter 48, Statutes of 1935. 6ECTION 5. INSPECTION OF EXAMINATION PAPERS. Ex- amination papers of the candidates are not subject to inspection by the public. Upon request any can- didate may inspect his own papers, including his application and the questions and his answers thereto, within six (6) days after the eli- gible list has been completed. Sai4 six days for review shall mean six days exclusive of holidays. If the candidate believes error has been made in his grading or in the credit given him, he may make application in writing to the Civil Service Board for a review of his answers; provided, however, that in such application he muss state specifically and particularly wherein he believes error has been made. The Civil Service Board shall immediately upon receipt of such application, proieed to examine the papers and grades. Any error ox injustice that may appear shall be corrected, and any change in the order of standing of applicants as a result thereof shall be made by the Civil Service Board within fourteen (14) days, after applica- tion is made to them for such re- view. Their decision shall be final. SECTION 6. NOTICE OF EX- AMINATIONS. Notice of time, place and general scope of every examination shall be posted by the Civil Service Board in a con- spicuous place, in its office, at the City Hall; at the office of the Chief of the Fire Department; and of the Police Department, not less than two weeks prior to such ex- amination. SECTION 7. SELECTION AND PROMOTION. The Civil Servic� Board shall formulate rules and regulations governing the selection and promotion of members of the Fire Department and Police De- partment. All officers and mem hers of the Fire Department and Police Department shall belong to the Classified Service and shall be, appointed and promoted from those who are fit for the position to be filled: All authorized and needed offi- cers or members shall be recom. mended to he chosen or promoted by the Chief of the Fire Depart- ment or the Police Department as the case may be, from the highest standing candidate on the eligible list furnished by the Civil Service Board. The cost of conducting the ex- aminations and other duties of the Civil Service and Trial Board shall be a charge against the general funds of the City. These costs shall be certified by the Civil Serv- ice Board and when so certified shall be paid by the City Council in the same manner as other charges against the City. SECTION 8. CREATION AND ESTABLISHMENT OF A TRIAL BOARD. There is hereby created, for the purpose of hearing and de- termining charges made against an officer or member of the Fire De- partment or Police Department, a board to be known as the Trial Board, which shall be composed of the members of the Civil Service Board. The verdict and judgment of the majority of the trial board shall be final. If the accused bo found guilty, said board shall re- port their findings and recommen- dations to the City Council. The City Council may dismiss such of- ficer or member from the service of the City or inflict such other punishment upon him as in the judgment of the City Council may be adequate; provided, however, that should an offices or member of the Fire Department or Police Department be found guilty of a charge of drunkenness on duty the City Council must dismiss him from the service of the City. If an officer or member of the Fire Department or Police Depart. ment be convicted of a felony or malfeasance in officc or be ad- judged insane, or absent himself from the City for more than thirty (30) days without leave granted by the Chief of his Department, the City Council shall, upon the recommendation of the Chief of the Department, declare his posi- tion or office vacant and the va- cancy shall be filled as heretofore provided. SECTION 9. POLITICAL OPIN- IONS OR RELIGIOITS BELIEF NOT TO BE CONSIDERED. No person in the Classified Service seeking admission thereto shall b� appointed, promoted, demoted o: discharged or in any way favored or discriminated against because of .political opinions or affiliations, or because of religious belief. No person holding an office or place in any department placed under a merit system or civil serv� ice system, pursuant to the pro- visions of this ordinance or of Chapter 48 of the Statutes of 1935, of the State of California, shall seek or accept election, nomination or appointment as an officer of a Political club or organization, or take an active part in any county or municipal political campaign, or serve as a member of a commit- tee of such club or organization of circle, or seek signatures to any petition provided for by any late, or act as a worker at the polls, of distribute badges or pamphlets, dodgers, or handbills of any kind favoring or opposing any candi- date for election, or for nomina- tion to a public office, whether county or municipal; provided, however, that nothing in this or- dinance shall be construed to pre- vent any such officer or employee from becoming or continuing to be a member of a political club o- organization, or from attendance at a political meeting, or from en- joying entire freedom from all in- terference in casting his vote or from seeking or accepting election or appointment to public office. Any wilful- violation hereof or violation through - culpable negli gence, shall be sufficient grounds - to authorize the discharge of any officer or employee. S E C T 10 N 10. PROBATION PERIOD. Appointments or promo- tions to employment or rank sha -1 be deemed temporary until a per - lod of probation not to exceed six (6) months has elapsed, and dur- r� �J L • 0 • 0 r� L_J ing such time such member shall be considered as acting, or tempor- arily appointed or promoted. Suc- cessive temporary appointments shall not be allowed. In the event of promotion to higher rank and at any time within six months thereafter, the appointee may be reduced by the Chief of the De- partment to the same rank that he had prior to such temporary ap- pointment, and in the event that said appointee shall not have held service in the classified service, he may be discharged by the Chief of the Department. Each Chief shall have power over his own de- partment members. SECTION 11. RIGHT OF TRIAL. The Chief of any department in Classified Service may file charg. es of misconduct, Insubordination or Inefficiency against any member of his respective department, with the Civil Service Board. Such charges shall be accompanied by his recommendation for discharge or disciplinary action. If recom- mended for discharge or reduction after expiration of the period of temporary employment In any po- sltlon, the employee so recommend- ed for discharge or reduction may demand a trial, whereupon he shall be tried as provided in Section 13 on Reduction, Suspension and Dis- charge. SECTION 12. LEAVE OF AB- SENCE. Any member who is call- ed or volunteers to serve In any branch of the service of the United States shall, upon his return, and with an honorable discharge, main- tain his priority rights within this ordinance, provided, however, that he shall make application for re- instatement within ninety (90) days after discharge from the service of the United States. Leave of absence for any pur- pose may be taken by written consent of the Civil Service Board, and temporary appointments may be made to fill such vacancies in the manner herein provided for permanent appointments. SECTION 13. REDUCTION, SUS- PENSION AND DISCHARGE. (a) No person in the Classified Civil Service shall be removed or discharged from his position or re- duced in rank except for ineffi. ciency, misconduct or insubordina- tion. Whenever the Chief of any department under Civil Service shall determine that discharge, re- duction in rank or disciplinary ac- tion should be taken against any member of his department, and 'f he determines that such member should be discharged, he may sus- pend such member from active duty, and shall, upon so determ- ining or upon so suspending any member, immediately file charges with the Civil Service Board, set- ting forth In detail the grounds for such suspension, disciplinary action or reduction In rank or position, together with his recommendation thereon. Such charges shall be in writing and a copy thereof served upon the member so charged. Such member so charged shall have the right to file an answer to such charges within five (5) days from the date of service upon him of a copy thereof, which ans- wer shall be filed with the Civil Service Board, and with the Chief who filed such charges. The Civil Service Board shall thereupon set said matter for hearing not less than five nor more than ten days after the filing of the answer to the charges. If the member who Is charged by the Chief of his de- partment fails to file an answer within five days to the charges filed by the Chief of the depart- ment, the charges shall be deemed to be admitted, and the recommen- datlon of the Chief accompanying such charges shall take effect, and the suspension of such mem- ber shall become a permanent dis- charge as of the date of the or- iginal suspension. If the member so charged files an answer within the five days, then the Civil Service Board shall convene as a "Trial Board" as provided In Section 8 hereof, and shall inquire into the charges made by the Chief of the department, and may make such inquiry in such a manner as It deems best by ex party investlga- tlon by the Board or any commit- tee thereof, but said Board shall hold a meeting as herein above provided, at which time such mem- ber so charged and the Chief of the department shall be permitted to make such showing as they may desire before said trial board. The member so charged and the Chief of the Department may, at the hearing of such charges, be represented by Counsel and shall have the right to produce such witnesses as he may desire to testify in his behalf. The Chair- man of the Board shall have the right to issue subpoenas and com- pel the attendance of witnesses. After such hearing the trial board shall determine whether or not such charges or any part thereof are true, and if they de- termine that none of the charges are true, the said member shall be reinstated and restored to duty, and shall be entitled to receive compensation during the period of his suspension, and pending such hearing and reinstatement. If the Trial Board shall determine that such charges or any of them are true, they shall make their find- ings in accordance therewith, and shall recommend such disciplinary action as they may deem proper under the circumstances and find. ings. If such recommendations do not cosist of a recommendation for discharge, the person charged and found guilty as herein pro- vided, shall be privileged to ac- cept such disciplinary action as recommended by the trial board, but if such recommendation shall be presented to the City Council of the City of Newport Beach, and the City Council shall take such action in the matter as in the judg. ment of such City Council shall be proper and adequate under the findings of the trial board. If such recommendation of the trial board is for disciplinary ac- tion, and the person charged and found guilty does not acquiesce or consent thereto, then such recom- mendation shall -be presented to the City Council. for its action as provided In Section 8 hereof. Verified written charges may be filed by any qualified elector of the city of Newport Beach with the Chief of any department, un- der such rules and regulations as may be prescribed by the Civil Service Board, and the truth of such charges shall be determined by the Chief of the department, and if he deems he may file charg. es with the Civil Service Board. (b) No member shall be dis- missed because of the discontinu- ance of the particular office or position held by him, but employ- ees dismissed because of curtail- ment of expenditures, reduction it, force, and for like causes, shall be the last employee or employees, including temporary appointees, that have been appointed to the Fire Department or Police De- partment, as the case may be, un- til such reductions necessary shall have been accomplished. Vacancies to be filled In the lowest rank, re- sulting from such removal, shall be filled from the last employee or employees that have been appoint- ed to the next higher rank, and their places likewise filled until proper distribution has been ac- complished; provided, further, that in the event the said department shall again be increased in num- bers, the said men dismissed, or reduced in rank, under the terms of this section, shall have the priv- ilege of being reinstated before any new appointments to said de- partment shall be made. SECTION 14. PRESENT IN- CUMBENTS TO BE QUALIFIED AND TO REMAIN ON PRES- ENT POSITIONS. To the end that there be no dls- ruption in the present service of the Fire Department and the Po- lice Department, and that no un- due hardship may be worked upon any member of said departments who shall have attained at the time of adoption of this ordinance a certain grade or rank in said de- partment, each present member of such departments shall be deemed to be in Classifid Service and cred- ited by the Civil Service Board with qualifications, both mental and physical, for entrance to the Classified Service of the Fire De- partment and / or Police Depart- ment, and the rank, grade or po- sition held by such members at the time of the adoption of this ordinance. SECTION 15. ORGANIZATION OF A FIRE DEPARTMENT. There is hereby created a F1re'De- partment which shall consist of a Chief of the Fire Department, As. sistant Chief, Fire Marshal, Cap- tains, Master- mechanics, Engi- neers, Auto- firemen, mechanics, firm alarm operators, Inspectors, Hosemen and Laddermen, and oth- er employees as the City Council may from time to time prescribe, as provided under Section 2 of Chapter 48 of Statutes of 1935. SECTION 16. QUALIFICA- TIONS FOR THE FIRE DEPART- MENT. Every appointee of the fire department at the time of appoint- ment shall not be less than twenty - one (21) years nor more than thirty -one (31) years of age, ex- cept that this qualification shall not affect the present members of the Paid -Call list who have been on the Paid -Call list of the Fire Department for more than five years-prior to the date that this ordinance shall go Into eftect. Every appointee, however, must possess the physical qualifications prescribed by the Civil Service Board (which shall not be inferior to those required for the recruits of the United States Army), and before his appointment must pass satisfactory examinations as may be prescribed by the Civil Service Board. Every appointee(nust he a bona fide resident and elector of the city of Newport Beach, for at least one year prior to the date of his appointment) m3d must have a high school education or its equivalent. SECTION 17. ELIGIBILITY AF- FECTED BY RECEIPT OF PEN- SION. No person holding an office or place in any department, placed under a merit system or civil serv- ice system, pursuant to the pro- visions of this ordinance or of Chapter 48 of the Statutes of 1935, shall he permitted to hold office or be classified under the pro- visions hereof if he shall be in receipt of a pension from any source whatever, including army, navy, federal, state, county or mu- nicipal government, in excess of $50.00 per month, and no person shall be eligible for appointment or promotion who shall be In receipt of a pension from any source what- ever, Including army, navy, federal, • LJ • • M • • • state, county or municipal govern- ment, in excess of $50.00 per month. SECTION 18. ELIGIBILITY AF- FECTED BY BEING ENGAGED IN ANOTHER BUSINESS. No person shall be classified under the terms hereof or be promoted or be eligible to hold office if he, at said time of classification, ap- pointment or holding of office, shall be engaged in any business or businesses which shall take any substantial part of his time or at- terition. SECTION 19. HIRING OF EXTRA MEN. The Chief of the Police Department or the Chief of the Fire Department, with the ap- proval and sanction of the City Council, may during an emergency or during vacation periods, hire such extra men as may be needed to properly conduct said depart- ments, at a compensation to be fixed by the City Council. These extra men may be selected from the eligible list at the option of the heads of said departments. However, no extra men shall be hired for a period in excess of one hundred fifty (150) days in any calendar year, and the hiring of extra men as herein provided for, shall not in any way mesa, or be construed to mean, that said extra men or any of them, shall he under probation or that their employment shall be deemed tem- porary as defined by Section 10 hereof. SECTION 20. CHIEF OF THE FIRE DEPARTMENT - The Chief of the Fire Department shall be appointed by the City Council from among the membership of the Newport Beach Fire Department, and after apointment shall be re- moved or reduced in rank at the pleasure of the City Council and without charges being filed and without hearing. The dismissal of the Chief of the Fire Department from office, except for cause, shall not accomplish his dismissal from the department, and, upon suca dismissal he shall be restored to the rank and grade held by him prior to his appointment as Chief of the Fire Department, however, the present Chief shall be reduced to the next lower rank below that of Assistant Chief. SECTION 21. POWERS AND DUTIES OF THE CHIEF OF THE FIRE DEPARTMENT. The Chief of the Fire Department shall, sub- ject to the approval of the City Council, have control, manage- ment and direction of all mem- bers of the Fire Department and all buildings, apparatus and equipment of such department as may be necessary in the lawful exercise of the functions of his office. He shall have full power to detail any officer or member of the Fire Department to such public service as may be neces- sary. He shall recommend to the Civil Service Board, members of the Fire Department for demo- tion, or dismissal, in accordance with Section 13 hereof, and also recommend to the City Council, applicants for appointment or pro- motion from the list of eligibles furnished by the Civil Service Board in accordance with Section 7 hereof. SECTION 22. VACANCIES IN FIRE DEPARTMENT. When a vacancy arises in the Fire De- partment above the grade of hoseman or ladderman, the Chief of the Fire Department may as- sign a member of the department from the next lower rank to fill the vacancy until such time as the absent member shall return to duty or the vacancy may be filled by appointment from the eligible ]let furnished by the Civil Serv- ice Board. The member so assigned shall , during his incumbency re- ceive the salary attached to the grade or position thus temporarily filled. SECTION 23. ORGANIZATION OF A POLICE DEPARTMENT. There is hereby created a Police Department which shall consist of members holding rank in the fol- lowing order, to -wit: Chief of the Police Department, Assistant Chief, Captains, Lieutenants, Lieu- tenants of detectives, detectives, Sergeants, Patrolmen, Motorcycle officers, Secretary, Matron, and other employees as the City Coun- cil may, from time to time pre- scribe, as provided under Section 2 of Chapter 48, Statutes of 1935. S E C T 10 N 24. QUALIFICA- TIONS OF THE POLICE DE. PARTMENT. Every appointee of the Police Department must have the same qualifications as set out in Section 16 of this Ordinance for appointees of the Fire Depart- ment, excepting the age limit, which shall be "ever appointee of the Police Department at the time of appointment shall not be less than twenty -one (21) years of age, nor more than thirty -six (36) years of age." SECTION 25. CHIEF OF THE POLICE DEPARTMENT, The Chief of the Police Department shall be appointed by the City Council from among the member- ship of the Newport Beach Police Department and after appoint- ment shall be removed or reduced In rank at the pleasure of the City Council without charges be- ing filed and without hearing. The dismissal of the Chief of the Po- lice Department from office, ex- cept for cause, shall not accom- plish his dismissal from the de- partment, and upon such dismissal he shall be restored to the rank and grade held by him prior to his appointment as Chief of the Po- lice Department, however, the present Chief shall be reduced to the rank of patrolman. SECTION 26. POWERS AND DUTIES OF THE CHIEF OF THE POLICE DEPARTMENT. The Chief of the Police Department shall, subject to the approval of the City Council, have control, management and direction of all members of the Police Department, and all buildings, apparatus, and equipment of such department, as may be necessary in the lawful exercise of the functions of his office. He shall have full power to detail any officer or member of the Police Department to such public service as may be necessary. He shall recommend to the Civil Service Board, members of the Police Department for demotion or dismissal, in accordance with Section 13 hereof, and also recom- mend to the City Council appli- cants for appointment or promo- tion from the list of eligibles fur- nished by the Civil Service Board in accordance with Section 7 here- of. SECTION 27, VACANCIES IN THE POLICE DEPARTMENT Whenever a vacancy In the Po- lice Department, above the grade of patrolman and motorcycle offi- cer, occurs, the Chief of the Police Department may assign a member of the Department from the next lower rank to fill the vacancy until such time as the absent member shall return to duty, or the vacancy may be filled by ap- pointment from the eligible list furnished by the Civil Service Board. The member m assigned shall, during his incumbency, re- ceive the salary attached to the grade or position thus temporarily filled. SECTION 28. EXTRA SERVICE. No officer or member of the Fire Department or Police De- partment shall, without the con- sent of their respective Chief or the City Council, accept any mon- ey, gratuity or compensation for any service he may render in line of duty as a member of that de- partment. 1 5 SECTION 29. CONSTITUTION- ALITY. If any section, subsection, clause, or phrase of this ordinance is for any reason held to be unconstitu- tional, such decision shall not af- fect the validity of the remaining sections of this ordinance. SECTION 30. PRIOR ORDI- NANCES. Any provisions or clauses of the several ordinances of the city of Newport Beach in conflict here- with are hereby expressly repealed. SECTION 31. GENDER. Whenever in this ordinance the masculine gender is used it shall be deemed to include the feminine gender. SECTION 32. FALSE MARK- ING, GRADING, ETC., PROHIB- ITED. No person shall, by himself or in cooperation with one or more persons, cheat, deceive, or ob- struct any person in respect of his right of examination or regis- tration according to the rules and regulations of this ordinance, or falsely mark, grade, estimate or report upon the examination of proper standing of any person examined, registered or certified pursuant to the provisions of this ordinance, or aid in so doing, or make any false representations concerning the same, or concern- ing the person examined. SECTION 33: AMENDMENTS OF THIS ORDINANCE. The City Council may from time to time, by ordinance, add additional de- partment, appointive officers or employees of the city to the list originally designated in this ordi- nance creating a system of Civil Service. The City Council, how- ever, shall not have the authority or power to withdraw any depart- ment or departments, appointive officers or employees from the op- eration of the system created by this ordinance, unless and until the withdrawal thereof shall have been submitted to the qualified electors of the city of Newport Beach at . special or regular municipal elec- tion held in said city, and shall have been approved by not less than a two - thirds vote of the elec- tors voting on such proposition. SECTION 34. VIOLATION. Any person who shall violate any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by a fine of not less than One Hun- dred Dollars ($100.00) or more than Three Hundred Dollars ($300.00) or by imprisonment in the City Jail of the city of New- port Beach or the County Jail of the County of Orange, for not long- er than three (3) months, or by both such fine and imprisonment. SECTION 35. - PUBLISHING. This ordinance shall be pub- lished once in the NEWPORT - BALBOA PRESS, a newspaper printed, published and circulated in the city of Newport Beach, and shall take affect and he in force thirty (30) days after its passage. The foregoing Ordinance was submitted to a vote of the voter. of the City of Newport Beach at a regular municipal election of said city held on the 14th day of April, 1942; that a majority of the voters voting on said ordinance voted in its favor and said ordi- nance thereupon became a valid and binding ordinance of the city of Newport Beach; that on Tues- day the 21st day of April, 1942, the vote on said ordinance was duly declared by the canvassing board of the City of Newport Beach, to- wit, the City Council thereof, and said ordinance thereupon was adopted and was so declared to have been adopted by the voters of the City of Newport Beach. ATTEST: FRANK L. RINEHART, City Clerk. Published April 23, 1942