Loading...
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. 1 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. 2 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. 3 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