HomeMy WebLinkAboutRES NO 10-92RESOLUTION NO. ~1 0 /9 ~
A RESOLUTION CALLING A SPECIAL
ELECTION FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORS OF THE
CITY AMENDMENTS TO THE CHARTER OF
THE CITY OF BAKERSFIELD AND
REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF KERN TO ORDER
CONSOLIDATION OF SAID ELECTION.
WHEREAS, a California Direct Primary Election will be
held on Tuesday, June 2, 1992; and
WHEREAS, the Council of the City of Bakersfield proposes
to submit Amendments to the Charter of the City of Bakersfield at
that Election; and
WHEREAS, the Council of the City of Bakersfield wishes
to consolidate said Special Election with the State of California
Direct Primary Election to be conducted by the County of Kern on
Tuesday, June 2, 1992.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. The Special Election is hereby called for the
purpose of submitting to the electors of the City Amendments to
the Charter of the City of Bakersfield and said Special Election
is hereby ordered consolidated with the State of California Direct
Primary Election to be conducted by the County of Kern on Tuesday,
June 2, 1992.
2. The proposed Amendments to the Charter of the City
of Bakersfield is to appear on the ballot as follows:
MEASURE "A"
Should Sections (185) 3., (186) 4.,
(199) 17., (202) 20., (211) 4., Yes
(216) 9., (217) 10(b)., (217b) 10b.,
(231) 11., (232) 12., and (233) 13.
of the Charter of the City of Bakers-
field be amended relating to suspensions
and removals of fire, miscellaneous and No
police civil service employees?
ORIGINAL
3. The sections of the Charter of the City of
Bakersfield to be amended are attached hereto as Exhibit "A" and
incorporated as though fully set forth.
4. The Board of Supervisors of the County of Kern is
hereby requested to make an order directing the County Clerk to
consolidate and conduct the Special Election for Amendments to the
Charter of the City of Bakersfield with the State of California
Direct Primary Election to be held on Tuesday, June 2, 1992.
5. The County Clerk is hereby authorized and requested
to canvass the returns of said Special Election and to certify such
canvass of the votes so cast, to the City Council.
6. The City Clerk is hereby authorized and directed to
certify the adoption of this resolution, transmit and file a copy
thereof to the County Clerk and to the Board of Supervisors of the
County of Kern.
7. The polls shall be open in all precincts in the City
from 7:00 a.m. to 8:00 p.m.
8. The City Clerk is hereby authorized and directed to
give all Notices and perform all advertising as required by law
and perform or cause to be performed all the duties and functions
required by law for revision of the Charter of the Bakersfield.
.......... o0o ..........
ORIGINAL
I HE~R~Y CERTIFYthat the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JAN 1 5 1992 , by the following
vote:
AYES; COUNCILMEMBERS EDWARDS -BeM~'N~, SMITH. BBUNNI. PETERSON, ,Mc3[,'~;.10,~',, SALVAGGIO
~'~C ~ S. COUNCILMEMBERS
A~BENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBERS
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED JAN 1 5 199~
CLARENCE E. MRSDEBS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI ~' /'
CITY ATTORNEY of the City~of
Bakersfield
LTC/meg
ELECTION\
CALLCONS.R-2
1/7/92
Attachment
Exhibit "A"
- 3 -
ORIGINAL
EXHIBIT "A"
PROPOSED AMENDMENT TO
THE CHARTER OF THE CITY OF BAKERSFIELD
FIRE DEPARTMENT
CIVIL SERVICE FOR THE FIRE DEPARTMENT:
Section (185) 3. The Civil Service Board shall formulate
rules and regulations governing the selection, promotion and
discipline of members of the Fire Department which rules shall,
to the extent deemed feasible by said Board, be consistent with
such rules of the other two Civil Service Boards and shall be
enforced consistently as to all members, officers and personnel
of the Fire Department. The Council may recommend amendment or
repeal of existing rules and adoption of new rules to said Board.
All officers shall belong to the classified service and shall be
appointed and promoted for no other grounds and for no other
reason tkat than their fitness for the position to be filled:
provided, however, that no member of the Fire Department shall be
eligible for promotion until he shall have served at least three
years in such Department and that in subsequent promotions the
member must have held the rank from which he is promoted at least
one (1) year. Promotions shall be made only to the next higher
grade in the service and no grade shall be skipped; provided,
however, that any member of the Fire Department, who has served
not less than three years in such Department, may be appointed
Chief of the Fire Department. All officers or members shall be
chosen or promoted by the City Manager, or his designee, whenever
a list of eligibles shall be furnished to the Civil Service
Board, from the three (3) highest standing candidates on the
list.
CIVIL SERVICE FOR THE FIRE DEPARTMENT:
Section (186) 4. It shall be the duty of the Civil
Service Board, or their designee, to hold examinations and to
administer other suitable tests to those desiring positions or
who are applicants for or who may have been recommended for
promotion in the classified service of the Fire Department for
the purpose of determining their fitness for such positions or
their qualifications for such promotions and, from the result of
such examinations and tests, the Board shall prepare a list of
eligibles for all positions in the classified service of the Fire
Department. No member of such Board shall sit as a member of the
ratings panel for any oral examination.
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ORIGINAL
SUSPENSIONS AND REMOVALS:
Sections (199) 17. The City Manager, or his designee, may,
upon recommendation of the Chief of the Fire Department, suspend
from duty, for cause, for a period not to exceed thirty days any
member of the Fire Department. In the event that any member of
the Fire Department be charged with any offense which, under the
rules of the Department, or in the judgment of the City Manager~
or his designee, justifies expulsion of such member from the
service of the City, the City Manager, or his designee,, shall
prepare or cause to be prepared written charges against the
accused,,such %;rittcn chargcu to bc filcd with thc Trial Board
hcrcin crcatcd. Copies of such charges shall be furnished to the
accused, who shall not less than ten (10) days after such
service, prepare his defense thereto. The accused may, at the
hearings of such charges, be represented by counsel and shall
have the right to compel the attendance of such witnesses as he
may desire to testify in his behalf.
LIMITATION OF EMPLOYMENT:
Section (202) 20. An officer and/or employee of the Fire
Department may engage in outside employment, business,
profession, occupation, trade or calling, only if it is
determined by the Fire Chief, or his designee, pursuant to
guidelines established in department rules and regulations, that
such outside employment, business, profession, occupation, trade
or calling will not interfere with the performance of his duty as
an officer and/or employee of the Fire Department, will not be
detrimental to the interests of the City and/or the Bakersfield
Fire Department, and will create neither a conflict of interest,
a potential conflict of interest, nor the appearance of a
conflict of interest. All officers and/or employees of the Fire
Department shall be available for duty at any time.
MISCELLANEOUS PERSONNEL
DUTIES OF THE CIVIL SERVICE BOARD:
Section (211) 4. The Civil Service Board shall, subject
to the approval of the City Council, formulate rules and
regulations governing selection, promotion, and discipline of
officers and employees of the City of Bakersfield, excepting
elective officers, the City Manager, the City Attorney, members
of the Police and Fire Departments, and members of all boards and
commissions, which rules shall, to the extent deemed feasible by
said Board, be consistent with such rules of the other two Civil
Service Boards. The Council may recommend amendment or repeal of
existing rules and adoption of new rules to said Board.
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ORIGINAL
It shall be the duty of the Civil Service Board, or their
designee, to hold examinations and to administer other suitable
tests to applicants for positions in the several departments
affected by this amendment for the purpose of determining their
fitness for such positions. No member of such Board shall sit as
a member of the ratings panel for any oral examination.
All officers and employees in the several departments
affected by this amendment, having gained valuable experience in
the course of their service for the City, shall receive a certain
added grade over applicants not in the employ of the City at the
time of the examination, such added grades to be fixed by the
Civil Service Board bcforc such cxamination for each year or
portion thereof such employee has had experience in a similar or
comparable position with the City of Bakersfield. Such added
grade shall not be allowed to applicants not attaining a passing
grade in the examination.
Examinations of all candidates shall be practical in their
character and shall relate to those matters only which will
fairly test the relative capacity and ability of the persons
examined to discharge the duties of the positions to which they
seek to be appointed or promoted. No questions in any
examination shall relate to political or religious opinions or
affiliations.
All subordinate officers and employees in the departments
shall be appointed by the head of the department in whic'~ the
vacancy occurs, with the approval of the City Manager.
All officers, subordinate officers and employees in the
several departments affected by this amendment shall be chosen
from a list of eligibles furnished by the Civil Service Board to
the appointivc powcr Department Head, or his /her designee, and
shall contain the names of all candidates who attained a passing
grade in the examination, in the order of their relative
standing. If, in the opinion of the Civil Service Board, any of
said candidates become ineligible, the Civil Service Board shall
strike his name from the list and advise the appointivc powcr
Department Head or his/her designee of such action. The
appointment must be made from the three highest standing
candidates on the eligible list at the time of appointment. Any
person carried on the eligible list for a period of one (1) year,
unless extended by the Commission, without being appointed or
promoted shall be dropped from said eligible list and shall not
be eligible for appointment or promotion without re-examination.
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ORIGINAL
SUSPENSION AND REMOVALS:
Section (216) 9. Thc authority having thc appointivc
powcr, as providcd for by thc City Chartcr The Department Head or
his/her designee, may suspend from duty for cause for a period
not to exceed thirty (30) days in any one instance, any officer
or employee affected by this amendment. Any officer or employee
suspended shall receive no salary or wages for such suspension
period.
When, in the opinion of the authority having thc appointivc
p$;;cr Department Head or his/her designee, any officer or
employee affected by this amendment acts, or fails to act in such
a way as to justify his rcmoval or diDchargc /her de~otion,
suspension or dismissal on any of the grounds mentioned in this
article, the appointivc powcr Department Head or his/her designee
shall suspend such officer or employee and declare his intention
in writing to file charges against such officer or employee
seeking dischargc demotion, suspension or dismissal, s'ack
dcclaration to bc filcd at oncc with thc Civil Scrvicc Board.
Such charges must be in writing and shall be prepared or caused
to be prepared by the authority having thc appointivc powcr, and
shall bc filcd with thc Civil Ecrvicc Board and thc City Managcr
Department Head or his/her designee. A copy of such charges
shall be served on the accused, who shall within ten (10) days
after such service, file his answer to said charges in writing
with the Civil Ecrvicc Board, thc City Managcr and thc authority
having thc appointivc powcr Department Head or his/her designee.
Failure to answer said charges within ten (10) days time shall be
held to be an admission of the charges by the accused and a
waiving of hearing; whereupon the Civil Service Board shall find
the accused guilty as charged and he shall be rcmovcd and
dischargcd demoted, suspended or dismissed from the City of
Bakersfield as of the date of his suspension by the appointivc
pc~:cr Department Head or his/her designee.
No officer or employee who has successfully completed the
applicable period of probation shall be removed or discharged
from the service of the City of Bakersfield except for cause,
upon written charges, and after an opportunity to be heard in his
own defense.
Demotion, rcmoval or dischargc suspension or dismissal may
be upon any of the following grounds: incompetency, habitual
intemperance, immoral conduct, dishonesty, inattention to duties,
drunkenness on duty, insubordination, or anything sufficiently
irregular to justify rcmsval suspension, demotion or dischargc
dismissal in the opinion of the appointivc powcr Department Head
or his/her designee.
4
ORIGINAL
CREATION AND ESTABLISI~MENT OF TRIAL BOARD:
Section (217) 10. (b) If the accused shall answer said
charge within the allotted time, he shall be given five (5) days
notice of the time and place of hearing of said charges, and the
accused may, at the hearing of such charges, be represented by
counsel and shall have the right to compel the attendance of such
witnesses as he may desire to testify in his behalf. If the
accused be found guilty by the Trial Board, and in its opinion
the charges are of such a character as to warrant dismissal the
discipline, it shall so advise the appointivc powcr and said
appointivc powcr Department Head or his/her designee, who shall
then dismiss or dischargc demote, s~sDend or dismiss the officer
or employee whose guilt has been so established and determined.
If the Trial Board shall find that the accused be guilty as
charge but that the charges do not warrant dismissal, it shall
have the power to inflict such other punishment upon the accused
as in its judgment shall be adequate; provided, however, that
should an officer or employee affected by this amendment be
convicted of a felony, or malfeasance in office, or be adjudged
insane, the position shall be declared vacant by the authority
having thc appointivc po~;cr Department Head or his/her designee
and the vacancy shall be filc~ filled as herein provided.
LAY OFF OR DEMOTION AND T~IPORARY PR(~K)TION OF ~(PLOYEES IN
SUBOl~DINATE POSITIONS:
Section (217b) 10b. In any department, thc authority having
thc appointivc powcr the Department Head or his/her designee,
with the approval of the City Manager, may reduce by lay off or
demotion the personnel of a department or of a classification
because of lack of work or shortage of funds. Lay offs and
demotions shall be made according to seniority of service with
the City of Bakersfield in the department or classification
affected. The youngest man in point of seniority in each
department or classification affected shall be the first man to
be demoted or laid off. When two or more employees have the same
seniority rating, the employee who attained the highest grade in
the examination for the position held at the time of lay off or
demotion shall be deemed to have greater seniority. Lay off or
demotion referred to in this section shall not deprive the
employee so laid off or demoted of the Civil Service rating
attained prior to said lay off or demotion and such employee
shall be returned to service in order of seniority. This section
is intended to make possible the displacement of a subordinate
officer or employee in any classification by an officer or
employee in a higher classification with greater seniority in the
department. The subordinate officer or employee so displaced may
in turn displace a man in a lower classification holding less
seniority. A displaced or demoted subordinate officer or
employee while working in a lower classification shall receive
5
ORiGiNAL
the rate of pay established for the lower classification, it
being the intention that all subordinate officers or employees be
paid the rate of pay established for the work or position
assigned to them. The authority having thc appointivc
Department Head or his/her designee in departments affected by
the Amendment, where the volume of work makes it necessary, may
temporarily promote any subordinate officer or employee to the
next highest classification. The subordinate officer or employee
to be so promoted shall be the person in the classification
having the greatest amount of seniority. Such temporary
promotions shall in any case not exceed one hundred twenty (120)
working days.
POLICE DEPARTMENT
REMOVAL, DEMOTION OR DISCHARGE - MEMBERS OF THE DEPARTMENT:
Section (231) 11. No person employed in the Police
Department who has successfully completed the applicable period
of probation shall be removed, demoted or discharged, except for
cause, upon written charges, and after an opportunity to be heard
in his own defense. Pending the hearing of such charges against
members of the Department, with the exception of the Chief of
Police, the Chief of Police may suspend the person so accused;
but suspension in any case shall not be valid for more than
thirty days upon any charge unless the hearing thereon shall be
delayed beyond such time by the act of the person so accused.
Chargcs against any mcmbcr of thc Dcpartmcnt shall bc filed ~ith
the Civil Ecrvicc Commission and A copy of such charges shall be
filed with the authority having t~c appointivc powcr Chief of
Police or his designee.
A corrective copy of such charges shall be served upon the
accused, who shall within ten (10) days after such service, file
a written answer thereto. Failure to answer said charges within
ten (10) days time shall be held to be an admission of the
charges by the accused and a waiver of hearing; whereupon, the
civil Service commission shall find the accused guilty as charged
and he shall be removed and discharged from the Department as of
the date of his suspension by the appointivc powcr Chief of
Police or his designee.
If the accused shall answer said charges within the allotted
time, he shall be given five (5) days notice of the time and
place of hearing of said charges. The accused, at the hearing of
such charges, which may be private or public at the option of the
accused, shall have the right to be represented by counsel, to
submit evidence in his behalf, and to compel the attendance of
such witnesses as he may desire to testify in his behalf. A
public hearing is waived unless demanded by the accused in his
written answer.
6
ORIGINAl.
The order or decision of the Civil Service Commission upon
such hearing shall be final and shall forthwith be enforced by
the appointivc powcr. Chief of Police or his designee.
REMOVAL, DEMOTION OR DISCHARGE OF CHIEF OF POLICE:
Section (232) 12. The Chief of Police shall not be
removed, suspended, demoted or discharged except for cause upon
written charges filcd with thc Civil Ecrvicc Commission and after
an opportunity to be heard in his own defense at a public or
private hearing. Pending the hearing of such charges, the City
Manager may suspend the Chief of Police so accused, but such
suspension shall not be valid for more than thirty days. The
order or decision of the Civil Service Commission after a public
hearing shall be final.
SUSPENSION; CAUSES OF SUSPENSION OR REMOVAL:
Section (233) 13. The Chief of Police or other authorized
officers of the Department may, subject to the rules of the
Department for disciplinary purposes, suspend a subordinate for a
period not exceeding thirty days and such suspension skall may
carry with it the loss of salary for the period of suspension.
Removal, suspension, demotion or discharge may be upon any of the
following grounds: Incompetency, habitual intemperance, immoral
conduct, dishonesty, inattention to duties, drunkenness on duty,
insubordination, absence from duty without leave, and violation
of any Civil Service or departmental rule or regulation.
LTC:gp
CHARTER.CHC
7
ORIGINAL