HomeMy WebLinkAbout1988 MEMORANDUM
October 13, 1988
PERSONNEL COMMITTEE
FROM: MARY STRENN, ASSISTANT CITY MANAGER .
SUBJECT: PLANNING TECHNICIAN JOB SPECIFICATION
The attached revised job specification was approved by
the Miscellaneous Civil Service Board at its September
20th meeting.
Changes were made to the Planning Technician job
specification to create an Option I and an Option II
since:
I - Two departments - Planning and Community
Development will be utilizing the same job
specification.
2 - The duties for the position in Planning are
different from the duties in Community
Development.
There will be no change in salary as a result of this
action.
Usually a revision to a job specification would be
brought to the Personnel Committee along with many
other agenda items. There are not any other agenda
items, and the Community Development Division
Coordinator, George Gonzales, is anxious to fill a
vacancy. Therefore, the Chairman had agreed that we
could send this item to you for approval rather than
wait for other items.
With your approval, we would like to place this item
on the agenda for the next Council Meeting.
nmw/
CLASS TITLE: PLANNING TECHNICIAN 503
CLASS CHARACTERISTICS:
Under general supervision performs high level planning technician work
within the Planning Department or the Community Development Division.
Responsibilities include evaluating rezoning applications and
conditional use permits, processing tentative subdivision and parcel
maps, and responding to public inquiries; or implementation of the
citywide Home Improvement Loan Programs. The Planning Technician also
performs other work as required.
EXAMPLES OF DUTIES:
(OPTION I: PLANNING DEPARTMENT)
Updates base maps, zoning maps, block addressing maps, and land use
maps; processes architectural design submittals; processes tentative
subdivision and parcel maps; makes cost surveys relating to annexing
to the city; evaluates rezoning applications and conditional use
permits; prepares zoning maps; posts notices for public hearing on
individual properties; makes field trips to check application; handles
questions at the counter; works with other department employees
regarding planning matters.
(OPTION II: COMMUNITY DEVELOPMENT DIVISION)
Implements the citywide Home Improvement Loan Program; reviews
financial loan documents for adherence to guidelines, completeness,
and accuracy; monitors relocation procedures and payment, termite
reports, title reports and appraisals, etc; keeps accurate records and
other reports related to HUD monitoring's of the various programs;
prepares necessary correspondence and reports; develops and implements
a strategy of marketing of the various programs.
DESIRABLE MINIMUM QUALIFICATIONS:
Traininq and Experience: (Options I & II) The completion of two years
of college with course work emphasis in planning or a related field and
two years' experience in planning or public administration; or an
eqUivalent combination of training and experience which provides the
capabilities to perform the described duties.
Knowledqe, Abilities, and Skills: (Option I) Considerable knowledge of
planning concepts; good knowledge of drafting; go~d knowledge of
report writing; good knowledge of public.relations.
The ability to work in a wide variety of planning technician
applications; ability to precisely follow written and oral
instructions; ability to perform detailed work neatly and thoroughly;
ability to deal effectively with the public.
CLASS TITLE: PLANNING TECHNICIAN (COntinued) 503
Knowledge, Abilities, and Skills: (Option II)
Considerable knowledge of the principles and practices of Community
Development and planning; knowledge of the fiscal, social and economic ..
implications that are involved in Community Development and city planning;
knowledge of governmental organizations as they relate to planning;
knowledge of federal and state regulations; working knowledge of the
Community Development Block Grant Program. Knowledge of title, credit
evaluation, and general' construction process, desirable.
Ability to work effectively with the general public', especially with
low and moderate income clients, and the community ~agencies concerning
matters of community development and the relation to planning
functions; ability to present finding and conclusions clearly in
written form.
9/88
Approved by the Miscellaneous Civil Service Board: 9-20-88
Approved by the City Council:
MEMORANDUM
September 20, 1988
TO: PERSONNEL COMMITTEE
FROM: MARY STRENN,' ASSISTANT CITY MANAGER
SUBJECT: SEPARATION OF PROBATIONERS
Attached is the response from the Attorney's Office
to the question you asked at your meeting of
September 7th.
nmw/
MEMORANDUM
Seotember 12, 1988
TO: SUE WHITFIELD, Personnel Manager
FROM: BILL SLOCUMB, Demuty City Attorney~
SUBJECT- SEPARATION OF PROBATIONERS
ISSUE
I have been asked to mrovide an analysis of what hearing
procedures are required where a probationary employee who has
failed his probation alleges to have been the subject of
discrimination.
CONCLUSION
Where a probationer who has failed probation alleges himself
or herself to have been the object of discrimination, he or she
is entitled to a hearing before a City official who is empowered
to reverse the decision terminating the probationer. Further,
the City is under an affirmative duty to fully and effectively
investigate the allegation. At the conclusion of the
investigation the City official must make a determination as to
whether any discrimination existed and, if the official
determines discrimination did exist, the official must take steps
to effectively remedy the discrimination. Hence, this City
official must also be empowered to cause the discipline of the
discriminator.
DISCUSSION
California Government Code §12940 (a) defines unlawful
employment practices to include discrimination based upon race,
religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status or sex. Government
Code §12940 (i) also declares it unlawful...
"For an employer...to fail to take all reasonable steps
necessary to prevent discrimination and harassment from
occurring."
The Fair Employment and Housing Commission of the State of
California has been set ua as an administrative agency for the
enforcement of Government Code §§12940 etseq.. It has held that
employers are mandated to inform employees who complain of
discrimination of their rights and to fully investigate all such
complaints. This is because...
"Informing and invest;gating, fully in response to a specific
complaint are essential measures not only to resolve that
comcla~nt,, but ~='sc ~: deter future misconduct-', whe%her or
ncr (~is.or~m~na~-.3~ -.as in fac% occurred or
pecuiiar case. D.z£F v Rock~ve/t Znterna~,"on.ai
1987 CEB 11, 13.
The Fair Emoloyment and Housing Commission has held that, in
order for the emoloyer to avoid liability based upon
discrimination within the work place "...appropriate action must
be taken to remedy the victim's loss, if any, resulting from the
(discrimination)." Rockwell, supra, at 14.
Zn the context of the question posed, the City official must
determine the role played by discrimination in the decision not
to pass the employee's probation. Zf the role is substantial,
the City then needs to pass the employee into permanent status
and take remedial action against the harasser,
It should be noted that the California statutory scheme
analyzed above is based upon substantially similar Federal
legislation (Title VII) which may provide, along with the Civil
Rights Act, for attorney's fees against either the City or
harasser as well as punitive damages against the harasser alone,
cc: Mary Strenn, Assistant City Manager
Art Saalfield, City AttorneY
Opinion File
CITY MANAGER RECRUITMENT
STATUS REPORT
March 16, 1988
The Personnel Committee met to discuss the City Manager recruitment
on February 9, 1988 and on February 13, 1988, after the item was sent to
the Committee by the Council.
The Committee has been working on recommendations regarding:
· area of the recruitment (local, national)
· screening of applications
· interview formats
· expenses
The Committee also considered search firms that may be used in the
recruitment and has requested staff to submit additional firms for
evaluation.
This topic will also be discussed at the next Personnel Committee
meeting on Saturday, March 26, 1988.
MEMORANDUM
January 27, 1988
TO: PERSONNEL COMMITTEE
James H. Childs, Chair; Pat DeMond; Mark C. Salvaggio
SUBJECT: CITY MANAGER RECRUITMENT
The City Council has directed the Personnel Committee to recommend a
recruitment process for the City Manager position.
We have searched the files for background material on the last selection
process. Back in 1983, Bill Avery served as a recruiter and completed a
candidate profile, a citizens' screening committee reviewed resumes and
completed initial interviews, and the City Council did the final
interviews. A background check was completed on the Council selection for
City Manager.
Decisions have to be made on:
1) Will this be a national, regional or local search?
2) Who will handle recruitment (Personnel Division or consultant)?
3) Who will handle job and candidate profiles (Personnel Division or
consultant)?
4) Who will screen candidates to a final interview stage (Personnel
Division, consultant, citizens committee or Council)?
5) Will the entire Council conduct the final interviews?
6) What time frame is desirable?
7) What expenses will be paid (consultant, final candidates)?
MLS:jp
Attachment
Agreement No. 83-192
Honorable Mayor and City Council Members
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Following is a Letter of Agreement outlining work to be performed by
the firm of Keil & Avery in assisting in the recruitment of a City Manager
for the City of Bakersfield. It is mutually understood that the tasks
outlined are general in nature and that. the specific work to be performed
shall be subject to the direction of the City.
Keil & Avery shall:
1) Conduct City Review.
Develop a clear understanding of the City and organization through
Council and Department Head interviews; review of budget documents,
Council minutes, and newspaper articles; and application of knowledge
gained through the negotiations process.
2) Prepare a Candidate Profile.
Work with the Mayor, Council and staff to develop a candidate profile
listing desired traits and skills. Issues to be considered will
include:
a) Amount and type of previous experience
b) Management style (methods of dealing with the Council
and subomdinates)
c) Personality
d) Knowledge in key areas (i.e., redevelopment)
3) Compensation.
Assist the Council in outlining the compensation package to be
offered. In addition to the established salary level, the fringe benefit
package must be outlined, and questions regarding payment of relocation
costs and the possibility of an employment contract must be decided.
Page 2
4) Advertise Search.
a) Prepare and place advertisements in appropriate professional
journals.
b) Answer all'questions and requests for information regarding the
position.
c) Conduct an active program of identifying and soliciting
applications from outstanding individuals. This will be done
by contacting City Managers and other individuals throughout
the State as well as organizations such as the League of
California Cities and the International City Management
Association. Each individual identified will receive a
letter inviting application and a follow-up telephone
call.
5) Screening.
Conduct an initial screening to eliminate those candidates who
do not possess the minimum qualifications. Further screening, designed
to produce a recommended list of finalists for consideration, will be
conducted, utilizing some or all of the following techniques, as
appropriate.
Reference Checks
Supplemental Questionnaires
Interviews
Background Investigations
Review of Work Samples
6) Final Screening,
Work with a screening committee to develop an understanding as to the
candidate profile developed by the City Council. Present a recommended
list of 15-30 finalists (the number to be determined by the Council)
to the committee with a written report on each. A verbal summary
will be presented on other candidates. Assist the screening com-
mittee in recommending those candidates to be chosen for final
interview by the Council (estimate of 5-10).
7) Interviews.
Prepare interview booklets for the Council. Coordinate scheduling
of the interviews. ~
Page 3
8) Appointment.
Assist, on request, with final reference checks, compensation
negotiations, etc.
I will assume responsibility for the work to be performed by Keil &
Avery. Total cost for the project would be $7,100 for professional services,
plus reimbursement for direct expenses for advertisements, travel, clerical
time, long distance telephone coSts, postage, etc. One third of the fee
would be payable upon commencement of work, the remainder upon completion.
Please indicate your acceptance of this proposal by returning one signed
copy of this letter.
Sincerely/you~ Acce~Dted for the City
illiam ti. Avery ..\ Mary ~<. ~ell, Mayor
Keil & Avery // ~ City of~akersfield
4000 Moorpark Aye., ~te 118
San Jose, CA 9571~
¢IT ATTO~YNEY
F I NYd~/ ~
KEIL & A VERY
LABOR RELATIONS CONSULTANTS 4000 MOORPARK AVE., SUITE 118
SAN JOSE, CALIFORNIA 95117
(408) 241-e435
December 28, 1983
Mr. Richard Russell
Acting City Manager.
1501 Truxton Avenue
Bakersfield, CA 93307
Dear Richard:
On January 4, 1984 the Mayor and Council will be considering
a series of .questions regarding the City.Manager recruitment
process. The qUestions are:
1) Should the Council or a citizens screening
committee select the finalists for Council
interview?
2) How many semi-finalists should be presented
to the Council or screening committee?
3) How many finalists should the Council interview?
Dealing with the simpler issues first; The number of semi-
finalists has been generally described as recommended to be
between fifteen and thirty. I would suggest that this general
guideline be left in place with the actual number to be deter-
mined by review of the applications received, analysis of
those of approximately equal credentials, etc. The number of
finalists for Council interview should be specified, however.
Due to the inevitable number of last minute withdrawals, how-
ever, I would recommend' that at least seven individuals be
chosen for Council interview.
The question as to possible use of a screening committee must
also be decided. The advantages and disadvantages of a
screening committee are obvious, and will not be discussed
at length here. In essence, the Council must weigh
the benefits of increased citizen participation against the
loss of Council control in an area in which the Council, of
course, highly knowledgeable. If the Council does appoint a
screening committee I Would request that a relatively small
number of people who are familar with personnel issues be
appointed. My'concern is two fold: 1) Individuals chosen
must be able to interpret Council criteria in reviewing
applications 2) Strict confidentiality must be maintained.
This is easier, obviously, in smaller rather than larger
groups.
Mr. Richard Russell Page 2
December 28, 1983
Please let me know of the Councils' decisions.
Sin~ours,
William H. Avery
WHA/mh
KEIL & A VERY - 1
LABOR RELATIONS CONSULTANTS4000 MOORPARK AVE., SUITE 118
SAN JOSE, CALIFORNIA 95117
CITY ~IAI~.iAGEE,S OFFICE ~ (408) 241-8435
February 28, 1984
Honorable Mayor & Council Members
c/o Mr. Richard Russell Acting City Manager
City of Bakersfield
1501 Truxton
Bakersfield, CA 93307
Dear Mayor and Council:
As you know, the closing date for the City Manager position
has passed. A total of 80 resumes were received, including
a significant number of excellent candidates. So far, things
are going well.
Preliminary screening is well underway; as I personally inter-
viewed many of the top candidates prior to the closing date.
Screening to the twenty names to be submitted to the citizens
committee will be completed by March 6. We have arranged for
the screening committee to meet on March 9, a copy of the
letter sent to the screening committee is attached. The
names of the seven final candidates, therefore, should be
submitted to the Council early the following week. I would
suggest that the Council schedule its' interviews for a Friday
and/or Saturday, if possible. They should begin no sooner
than March 23, to allow for adequate notice.
Please call me if you have any questions, or if you require
any further information.
WHA/mh William H...Avery ~
.J
Enclosure
KEIL & A VERY
LABOR RELATIONS CONSULTANTS 400o MOORPARK AVE., SUITE 118'
SAN JOSE, CALIFORNIA 95117
(408) 241-8435
February 24, 1984
Mr. Jim Burke
2001 Oak St.
Bakersfield, CA 93301
Dear Mr. Burke:
Thank you for agreeing to serve on the screening committee
for the Bakersfield City Manager position. The importance
of this position to the City is obvious, your willingness
to assist is appreciated.
As you know, we have set 9:00 a.m. on March 9 for the
committee to meet. The meeting will be held in the City
Manager's conference room. I would expect the meeting to
last at least three hours. The City, of course, will be
providing'lunch. Per the Councils' instruction I.will be
submitting the resumes of and written reports,on a qroup of
twenty individuals for your' review. You will be asked to
select seven of the twenty for final interview by the
Mayor and City Council.
It is necessary that I mention a matter of.extreme importance
to the success of the selection process. Virtually all of
the applicants have applied with the express understanding
that their candidacy be kept confidential unless and until
they have been chosen by the City Council for the position.
Many of the applicants you will be reviewing were asked
by me to apply for the job; confidentiality was offered
as a part of these requests. Premature publicity about
candidacy for the job could seriously affect the employment
relationship with the individuals present jurisdiction.
Many candidates would wish to withdraw if we are not able
to maintain confidentiality.
If there is any question as to your willingness to adhear
to and/or the propriety of the confidentiality requirement
please call me prior to March 9.
Once again, thank you for your assistance in this important
process. I look' forward to meeting and working with you.
WHA/mh William'H. AveI
SCREENING COMMITTEE MEMBERS
Mr. Jim Burke, President (Councilman Payne)
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
(805) 327-9161
Hr. Tom Fallgatter (Councilman Childs)
Attorney
1430 Truxtuh Avenue, Suite 448
Bakersfield, CA 93301
(805) 324-9776
Dr. John J. Collins (Councilman Christensen)
5501 Wingfoot Drive
Bakersfield, CA 93306
(805) 871-4526
Mr. Jerry F. Stanners (Councilman Ratty)
Chief Executive Officer
Bakersfield Californian
1707 Eye Street
Bakersfield, CA 93301
(805) 395-7500
Mr. Milton Younger (Councilman Barton)
Attorney
1128 Truxtun Avenue
Bakersfield, CA 93301
(805) 324-6501
Mr. Rayburn S..Dezember (Councilman r~oore)
Chairman of the Board and President·
Central Pacific Corporation
5016 California Avenue
Bakersfield, CA 93309
(805) 861-5225
Mr. Ralph Prejean (Councilman Rockoff)
2850 Summit Circle
Bakersfield, CA 93306
(805) 871-5746
M EM'O RAN D UM
February 3, 1988
TO: PERSONNEL COMMITTEE
James H. Childs, Chair; Pat DeMond; Mark'C. Salva~io
FROM: MARY L. STRENN, ASSISTANT CITY MANAGER
SUBJECT: DRAFT COMMITTEE INTERIM REPORT
The attached draft interim committee report should be reviewed. Let me
know about any comments you may have. The report will be on the
--February 17 Council Agenda.
MLS:jp
Attachment -
cc: Sue Whitfield
Dale Hawley
* * DRAFT * *
PERSONNEL COMMITTEE
REPORT NO. 2-88
FEBRUARY 17, 1988
TO: HONORABLE. MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: INTERIM REPORT ON CIVIL SERVICE STUDY
The Personnel Committee met on February 2, 1988, to discuss the
draft report on the City's Civil Service System.
The Committee will continue to study the report. It will also be
meeting with community groups that have shown interest in the issue for the
purpose of getting input before final recommendations are presented to the
Council.
Respectfully submitted,
James H. Childs, Chair
Patricia DeMond
Mark C. Salvaggio
PERSONNEL COMMITTEE
REPORT NO. 10-88
June 22, 1988
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: CHARTER AMENDMENTS - INTERIM REPORT
The Personnel Committee has held several work sessions to review
the recommendations of the Charter Review Committee. On Monday,
June 20, 1988, some members of the Charter Review Committee met with the
Personnel Committee to discuss areas of consensus.
Presented tonight for Council review are proposed amendments to
the Charter. There are some issues that still are under review. The
number of controversial sections being considered for change has made it
difficult for the Personnel Committee to complete the task within just two
weeks.
It should be noted that the Personnel Committee and members of
the Charter Review Committee concur with most of the presented amendments;
however, the Charter'Review Committee still supports one Civil Service
Commission rather than three. Both Committees have discussed the placement
of the amendments on the November ballot, whether it should be a total
Charter amendment, separate measures for different sections but on the same
ballot, or phased in over several elections.
The Personnel Committee's final report will be on the July 6, 1988
agenda, but it is important for the Council to start the review of tile
presented Charter changes. Councilmembers are encouraged to provide
PERSONNEL COMMITTEE
REPORT NO. 10-88
Page 2
comments (on the changes and ballot placement) to the Personnel Committee
through the City Manager's Office. During the interim, the Personnel
Committee will conclude its review, and staff will meet with the unions to
discuss proposals which might require meet and confer.
Adoption by Council must be prior to, or on, August 3, 1988.
The Personnel Committee requests acceptance of this report.
Respectfully submitted,
James H. Childs, Chair
Patricia DeMond
Mark C. Salvaggio
Rpt.93 and 93A:jp
DRAFT
ARTICLE I.
Name of Boundaries
Name of City
Section 1. The inhabitants of the City Bakersfield, as its
limits now are, or may hereafter be established, shall be a body
politic and corporate, by name the City of Bakersfield, and as such
shall have perpetual succession.
Boundaries of City of Bakersfield
Section 2. The boundaries of the City Bakersfield shall be
established from time to time by ordinance. (Amended March 3,
1981).
NOTE: Those sections of the Charter marked with a double
asterisk (**) are under discussion. No suggested changes are
submitted for them at the current time.
~RT~CLE ~[.
Political Subdivisions
Ward Divisions
Section 3. The City of Bakersfield shall be divided into seven
political subdiVisions which shall be known as wards and shall be
established by ordinance and altered from time to time to reflect
as nearly as possible equal population (Amended March 3, 1981).
(Sections 4 through 10 were repealed on March 3, 1981).
Voting Precincts
Section 11. The Council shall establish voting precincts under
the provision of state law, but each shall be wholly in one ward,
nor shall the boundaries of a precinct be changed within twenty
days before election. (Amended April 19, 1935).
Altering Ward Boundaries
Section 11.1 In addition to the methods provided by State law
for alteration of City wards upon annexation of territory to the
City or otherwise, the Council shall, by ordinance, from time to
time alter the boundaries of the respective wards in order that
each ward shall contain, as nearly as possible, equal population
therein, based upon the latest Federal decennial census. The
Council may, by ordinance, from time to time alter the boundaries
of the respective wards in order that each ward shall contain, as
nearly as possible, equal population therein, based upon the
Federal mid-decade census. (Amended March 3, 1981).
ARTICLE III.
Legislative Department
Rights and Liabilities
Section 12. The City may use a corporate seal; may sue and be
sued; may acquire property in fee simple or lessor interest, by
estate, purchase, gift appropriation, devise, lease, lease with
privilege to purchase, for any municipal purpose; may sell, lease,
hold, manage and control such property; may make any and all rules
and regulations, to carry out all covenants or conditions of any
conveyance, deed, gift, bequest or lease; may acquire, construct,
own, lease, operate and regulate public utilities, may engage in
the manufacture, sale or distribution of any commodity generally
used by the inhabitants of the City of Bakersfield; may assess,
levy and collect taxes and provide penalties for non-payment
thereof, for general and special purposes, on alI subjects or
objects which the City may lawfully tax; may enforce the lien of
taxes and penalties against property, for taxes assessed and levied
thereon, bY sale thereof; may borrow money on the faith and credit
of the City, by sale of bonds or notes of the City; may appropriate
the money.of the City for all lawful purposes; may create, provide
for, construct, regulate, and maintain all things of the nature of
public works and improvements, hospitals, parks, playgrounds or
other places of amusement or entertainment, may for purposes of
regulation and revenue, license all persons, corporations and
associations engaged in any business, occupations and associations
engaged in any business, occupation, profession or trade: may
establish and maintain a free municipal employment office; may
define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, comfort, safety, convenience and
welfare of the inhabitants of the City, and may abate all nuisances
and causes thereof; may regulate the construction, height and
material used in all buildings, and the maintenance and occupancy
thereof; may regulate and control the use of the streets and other
public places; may create, establish, abolish and organize offices
other than those herein provided, and except as herein provided,
fix the salaries and compensations and hours of labor of all
officers and employees; may make and enforce local police, sanitary
and other regulations; and may pass such ordinances as may be
expedient for maintaining and promoting the peace, good government
and welfare of the City; the City shall have the power to make and
enforce all laws and regulations in respect to municipal affairs,
subject only to the restrictions and limitations provided in this
charter; provided, however, that nothing herein shall be construed
to prevent or restrict the City from exercising or consenting to,
and the City is hereby authorized to exercise, any and all rights,
powers and privileges heretofore or hereafter granted or prescribed
by general laws of the state, and the City shall have all powers
that now are, or hereafter may be granted to municipalities by the
constitution or laws of the State of California; and all such
powers, whether expressed or implied, shall be exercised and
enforced in the manner prescribed by this charter, or when not
prescribed herein, in such manner as shall be provided by ordinance
or resolution of the Council. The enumeration of particular powers
by this charter shall not be held or deemed to exclusive, but, in
addition to the powers enumerated herein, the city shall have, and
exercise all other powers, which, under the constitution and laws
of California, it would be competent for this charter specifically
to enumerate (Amended November 6, 1962).
Public Entertainment
Section 13. The City may appropriate money for any or all of
the following purposes: reception and entertainment of public
guests, assistance of public celebrations held by the City, largely
to aid or carry on the work of inducing immigration to the City;
and generally, for the purpose of advertising the City=, previded
(Deletion of the expenditure limitation is
suggested as such limitation appears arbitrary
and unnecessary.)
Legislative Powers of Council
Section 14. The legislative powers of the City except as
reserved to the people by this charter shall be vested in a Council
of seven members, one to be elected from each of the seven wards
of the City by the electors thereof, and a Mayor elected from the
city at large. The Mayor shall have the right to vote on all
matters when the vote of the Council results in a tie. (Amend
January 11, 1957).
Term of Of floe
Section 15. Councilmembers shall be elected for a term of four
(4) years and shall serve until their successors are elected or
appoint lifi
ed and have qua ed._,
be altered to cainci~ with the Conso!zdated Cenera!
.... ~A u=~ ~ 1981)
(Balance of text after ,,qualifled" in the
first sentence is unnecessary.)
Vacancies in Council
Section 16. Vacancies in the Council shall be filled in the
following manner, except when caused by recall election. If a
vacancy occurs in the Council at a time less than six months prior
to the,date of the next general election for the vacant council
seat, the Council shall fill the vacancy by appointment for the
remainder of the Unexpired term. If a vacancy occurs in the Council
at a time more than six months prior to the date of the next
general election for the vacant Council seat, a petition requesting
a special election may be filed with the Council. Such petition
must contain the signatures of qualified electors of the ward equal
in number to not less than twenty-five percent of the vote cast for
Councilmanic candidates of that ward at the last general election,
and the signatures thereto shall be verified and certified in the
same manner as provided for petitions for recall elections. If the
petition is valid the Council shall call a special election to fill
the vacancy, to be held not less than ninety days nor more than one
hundred eighty days following the certification of the petition to
the Council. In the event that a valid petition requesting a
special election is filed, the Council may within two weeks after
the petition is filed, make an interim appointment to fill the
vacancy, until the results of the election are certified. If no
~uc~a petition requesting~a special election is filed within two
four weeks after the vacancy occurs, the Council shall fill the
vacancy by appointment or by special election for the remainder of
the unexpired term. (Amended November 3, 1964).
(The increase to four weeks from two allows
more time for citizens to respond to vacancies
in their wards.)
Qualifications of councilmen
Section 17. Members of the Council and candidates thereof
shall be residents of the City and of the ward which they represent
or seek to represent and qualified electors at the time, nomination
papers are issued. Council members shall not hold any other public
office incompatible with their duties and shall not be, interested
in any contract, job, work or service of the municipality as such
interest is or may be, defined by California state law. No member
of the Council shall, except insofar as necessary in the
performance of the duties of his office directly or indirectly take
any part in the appointment, promotion or dismissal of any officer
or employee in the service of the 'City other than officers or
employees of the Council. (Amended March 3, 1981).
Salary of Councilmen
Section 18. The salaries of the councilmen first elected under
this charter shall be Fifty Five Hundred Dollars per month.
Thereafter the Council may by ordinance submitted to a referendum
at an municipal election, change the salary of members of the
Council.*
(* Increased to $100 per month, see Section 2.68.010.)
(Increase brings the salary of Council members
into alignment with other cities of similar
size and composition.)
Meetings of the Council.
Section 19. On the second regular meeting following the
General Municipal Election the newly elected and qualified Council
members shall assume the duties of their office. Any four Council
members or the Mayor may call special meetings of the Council upon
notice to each member. Such notice shall state the subjects to be
considered at the meeting, and any other subjects shall be there
considered. Ail meetings of the Council shall be public except
those meetings exempted by law from being open to the public, and
any citizen shall have access to the minutes and records thereof
at all reasonable times.
The Council shall determine its own rules and order of
business, appoint its own committees and shall keep a minute book
of its proceedings (Amended March 3, 1981).
Mayor and Vice-Mayor of Councll
Section 20. (a) Notwithstanding any other provision of this
charter to the contrary, the provisions of this section shall
10
govern as to the office of Mayor. The Mayor shall be elected by
the qualified electors of the City and shall hold his office four
years from and after the first Monday~ ~_.~- ~="--~ of January
subsequent to his election, and until his successor is elected and
qualified, unlesS sooner removed from office by recall or
otherwise. Tke mede cf ncminaticn an~ e!ecticn cf tkc Mayor shall
be as set fcrtk 4. ~ ckart~r fcr tke nemination and election of
~ ~~ .... ~ ..... ~ ~ ~" except =~ hereinafter
-~-~=~"~_~ prcvided. Except as otherwise provided by this
Charter or by ordinance hereafter enacted, the mode of nomination
and election of the Mayor shall be the same as set forth in the
Elections Code and Government Code of the State of California for
nomination and election of Councilmembers.
(b) The Mayor shall be the official head of the City for all
legislative policy and ceremonial purposes, and shall execute all
legal instruments and documents, and shall preside at all meetings
of the Council. The Mayor shall not be vested with administrative
authority. (~cnded..~ ~' ..... .~.._~~~ ~, ~.~)~. . and shall not in any way
interfere with the activities and authority of the City Manager,
nor shall the Mayor use the authority of that office to direct the
activities of any department head or any employee of any department
of the city. As one of the duties, the Mayor shall promote and
increase the economic and industrial base of the City, in
cooperation with any existing economic development agencies or
organizations. The Mayor shall not receive additional
11
compensation, from the City or from others, for the performance of
the duties outlined above, except for the regular salary paid to
the Mayor by the City.
On any and all legislative matters, the Mayor shall vote only
in case of a tie vote of the Council.
(c) The Mayor shall ~ .... ~ ..... ~ ~ ........ ~ ........... ~
...... ~ .... ~ ~ffici~nt!y discharge ~ ~utics ~ his cffic~ perform
the duties of the office of Mayor as set forth in this charter and~
as of the first day of the month following the effective date of
this amendment, shall receive an annual salary of six Twenty-Four
Thousand Dollars, payable in equal monthly installments, except as
hereinafter provided. At the beginning of each fiscal year, the
Council shall appropriate a sum of money not to exceed Fifteen
Hundr~ Dollars** for the reception and entertainment of public
guests by the Mayor.
(d) An office A suitably furnished office in the City Hall
shall be provided for the Mayor for the conduct of his official
duties. (Amended November 3, 1964). The Mayor shall also be
furnished a vehicle for his official duties.
(e) S~cr~taria! ..... ~ ska!! bt furnished tc tko Mayor frem
~utics. The Mayor shall be provided with a full-time position
providing secretarial and administrative services, the salary for
1_22
which shall be set by the Council, commensurate with the salaries
for other similar positions.
(f) The Mayor shall be a resident of the City and a qualified
elector at the time nomination papers are issued. In all other
respects, his qualifications shall be as set forth in Section 17
of this Charter. (Amended March 3, 1981).
(g) The office of Mayor shall be first in order of precedence
on the municipal ballot and shall be separately designated.
(h) Ail nominating petitions for the office of Mayor shall be
filed with the City Clerk within the time prescribed by ~
~""~ .......... .... , .... ~=~-- -~-z=-"~"- the California Elections Code qoverning
nomination for any elective office of cities.
(See comments corresponding to. Charter
Sections 68 and 69.)
(i) The form of declaration of candidacy, the nomination
petition and the requirements of certificate, shall be
1_/3
substantially the same required by this chzrter the California'
Elections Code for other elected officers of the City.
(See comments corresponding to Charter Section
69.)
(This subsection is restated as proposed
Section 67.1(a); recommend repeal of this
subsection.)
'v~(j) Following a general municipal election at the first
meeting and upon assuming the duties of the.office of Councilman,
each new Council shall elect one of its members Vice-Mayor of the
Council. (Amended November 3, 1964).
(1) During the temporary absence or disability of the Mayor,
the Vice-Mayor of Council shall act as Mayor pro tempore, without
pay, for a period not to exceed thirty consecutive days.
Thereafter, said Mayor pro tempore shall receive per diem pay to
be deducted and based upon the monthly installments of compensation
provided for the Mayor until, duly qualified Mayor shall again
resume his official duties, at which time he shall again receive
his monthly installments, or his pro rata share
thereof, as the case may be. (Amended November 3, 1964)..
14
(m) If a vacancy shall occur in the office of Mayor, the Council
shall appoint a person, who may or may not be a member of the
Council to fill such vacancy for the unexpired term, within
fifteen days of the time that the Council shall be notified of such
vacancy. In the event a member of the Council is appointed to fill
such vacancy, the resulting vacancy on said Council shall be filled
in accordance with Section 16 of charter.
(Duties, salary and changes in the structure
of the Mayor,s Office reflect the Committee,s
attempts to definethe Mayor,s role within the
City and to adequately recompense the
individual for those duties performed. Prior
subsection (j) is now covered in Section
(Section 20.1 was repealed on March 3, 1981).
Legislative Procedure
Section 21. The Council shall be the judge of the election of
its members. A majority of all members shall be a quorum to do
business; a number less than a majority may adjourn from day to
day and compel the attendance of absent members in such manner and
under such penalties as may be prescribed by ordinance. The
affirmative vote of a majority of the members of the Council shall
be necessary to adopt an ordinance or resolution. Whenever the vote
of the Council on an ordinance or resolution results in a three-
to-three vote, the Mayor may vote to break such tie. The vote upon
the passage of all ordinances and upon the adoption of such
1--5
resolutions as the Council by its rules prescribe, shall be taken
by "yeas" and "nays" and entered upon the journal. (Amended
November 3, 1964).
(Gives the Mayor authority to vote in three-
to-three ties of Counoil as it is ourrently
constituted.)
Ordinance Enactment
Section 22. Each proposed ordinance or resolution shall be
in written form and shall contain but one subject which shall be
stated in the title; but general appropriation ordinances may
contain the various subjects and accounts for which moneys are to
be appropriated. The enacting clause of all ordinances passed by
the Council shall be, "Be it ordained by the Council of the City
of Bakersfield as follows:". The enacting clause of all ordinances
submitted by the initiative shall be, "Be it ordained by the People
of Bakersfield as follows:".
Emergency Ordinances
Section 23. Ail ordinances shall be in effect from and after
thirty days .from the date of their passage except as otherwise
provided in this charter. The Council may. by a two-thirds vote of
the members present, pass emergency ordinances to take effect at
the time indicated therein. (Amended April 21, 1941).
Definition of Emergency Ordinance
16
Section 24. An emergency ordinance is an ordinance for the~
immediate preservation of the public health, peace, property or
safety, or providing for the daily operation of a municipal
department, in which the emergency is set forth in the preamble
thereto. Ordinances appropriating money may be passed as emergency
measures, but no ordinance making a grant for a franchise or other
special privilege, or regulating the rate be charged for its
services by any public utility shall ever be so passed. (Amended
April 21, 1941).
(Sections 25 - 32 repealed November 3, 1964).
Conflicting Ordinances
Section 33. Delete. Section deals obliquely with
initiative and referendum, matters fully covered by
State election laws.
Off-Street Vehlcular Parking
Section 33.1. Delete. See Section 33.2 below.
Powers of The Council
Section 33.2. Delete. Sections 33.1 and 33.2 relate to
parking facillties and revenues and provide no greater
authority than is provided in Section 12 and in State
law.
Revenue Bonds
17
Section 33.3. Delete entire section and replace with the
followlng= Revenue bonds may be authorized and issued by the
City Council to finance the acquisition, Construction and
improvement of, including the reconstruction, replacement,
extension, repair, betterment and equipment for, any revenue
producing improvement, building, system, plant, works, facility or
undertaking (the "enterprise") used for any public purpose, in such
form and upon such conditions determined by resolution of the City
Council~ provided such revenue bonds shall be payable exclusively
from the revenues derived from said enterprise or specific portions
thereof as may be allocated and pledqed to the payment of such
revenue bonds. The City Council may also issue refundinq revenue
bonds in such form and upon such terms and conditions determined
by resolution of the City Council. The provisions of this section
constitute full and complete authority for the issuance of revenue
bonds and refundinq revenue bonds and no other procedure, consent,
approval, order or election shall be required.
Revenue bonds issued pursuant to this section shall not be
taken into consideration in determininq the bonded indebtednes~
which the City is authorized to incur pursuant to vote of th~
electors, as limited by the Charter or the laws of the State of
California.
(The above section reflects changes
recommended by the cityts bond counsel and is
designed to provide the City with the full
flexibility allowed under State law.)
18
~RT~CLE ~V.
Officers and Employees
Officers Appointed by the Council
Section 34. The Council shall appoint the following officers:
1. The City Manager, who may or may not be a resident of the
City at the time of his appointment, and whose term of office shall
be at the pleasure of the Council.
2. Attorney.**
3. The Council may appoint such other officers as may be
created by ordinance. (Amended November 3, 1964).
City Manager
Section 35. The City Manager shall have general supervision
and direction of the administrative operation of the city
government.
Duties of Manager
Section 36. The duties of the Manager are:
19
1. To see that all the laws and ordinances are faithfully
enforced by the heads of the departments;
2. To attend all meetings of the Council at which his
attendance may be required by that body;
3. To recommend for adoption to the Council such measures as
he may deem necessary or expedient;
4. To keep the Council fully advised of the financial
condition of the municipality and its future needs;
5. To prepare and submit to the auditor a tentative budget
for the next fiscal year;
6. To appoint and remove, except as herein otherwise provided,
all officers and subordinate officers and employees of the
Department, in both the classified and unclassified service; all
appointments to be upon merit and fitness alone;
7. To exercise control over all other departments and
divisions that may be hereafter created by the Council, and
assigned to his management, not in conflict with the provisions of
this charter;
2Q
8. To investigate all complaints, in regard to the service'
maintained by any and all public utilities in the City, andto take
such proceedings as may be necessary to correct the abuse, if any.
Salary of the Manager
Section 37, The city Manager shall receive such salary as may
be fixed by the Council and before entering Upon the duties of his
office he shall take the official oath required by this article.
Removal of City Manager
Section 37.5. The City Manager may be removed from office by
the affirmative votes of four members of the Council. After such
removal and not later than thirty days thereafter, he may request
and secure within such time, a Public hearing before the Council
to speak in his own behalf. (Adopted November 3, 1964).
Heads of Departments
Section 38. The ~ .... ~g ~ ..... ~ ~ ..... ~ by thu
~"~__= Manager: Except as otherwise provided in this Charter, the
City Manager shall appoint all officers of the City.
!. Pc!ice Chief
2. Fire Chief
~. Au~itor-Contro!!er
5. City Clerk
2_11
P!~-nning Director
............... g Ins
Auditorium ~an~gcr
Duties of Appointive Officers
Section 39. The Council shall define the duties of appointive
officers, where not otherwise provided for in this charter, and
where practicable, the duties of two or more officers may be
performed by the same person.
Auditor
Section 40. The duties of the Auditor shall be: To certify to
the Treasurer the amount due to the City, from any source, and the
Treasurer shall not receive such money unless such certificate
shall have been presented and filed, showing the amount, from what
source the indebtedness has arisen, and to what fund it should be
apportioned; to keep a complete set of books, showing the balance
of money in the treasury, and the amount charged against each
officer or employee; to prepare, countersign and deliver, from time
to time, as may be required, to the proper officer, agent or
employee, all licenses and receipts, charging such officer, agent
or employee therewith, and taking his receipt therefor; to draw and
2--2
sign all warrants upon the Treasurer for.the payment of any demand
against the City, when allowed by the Council, or proper board or
officer. No warrant shall be drawn, except upon a written demand,
as afOresaid which shall be filed and kept in the office of the
Auditor, with the date of filing, when allowed, and the name of the
person holding the original demand against the City. He shall, upon
the death or removal or expiration of the term of any officer
handling any funds of the City, or being charged with any such
funds, examine the accounts of such officer or employee, and report
the result of his examination to the Manager. (Amended April 21,
1941) .
Authority and Power of City Clerk and Deputy City Clerks
Section 40 1/2. The City Clerk and Deguty City Clerks are
authorized and empowered to administer official oaths to the
various city officers, and to administer oaths to witnesses in
hearings before the Council or any municipal Trial Board or
Commission, and they are further authorized and empowered to issue
subpoenas for witnesses to be used 'at any of said hearings.
(Amended April 21, 1941).
Examination of Records
Section 41. The City Council shall employ, at the beginning
of each fiscal year, a certified public accountant who shall,
without notice, examine the books, records, and reports of the
23
Auditor and of all other officers and employees who receive or
disburse city money, and of such other officers and departments as
the Council may direct. Reports of such examination, in triplicate,
shall be made and one each thereof shall be filed with the Clerk,
Auditor and Attorney. Any officer, clerk or employee who shall
refuse to give all required assistance and information to such
accountant or submit to him for examination such books, papers and
records of his office as may be required, shall forfeit his office.
(Amended November 3, 1964).
Uniform Accounts and Reports
Section 42. The Council shall prescribe the uniform forms and
accounts, which shall be observed by all officers and departments
of the City which receive or disburse moneys. Whenever an act shall
be passed by the state legislature calling for uniform municipal
reports, the City authorities shall be governed thereby.
Qualifications of officers and Employees
Section 43. Except as otherwise, specified in this Charter,
the qualifications of officers and employees of the City shall be
as follows: Each elective officer must be a citizen of the United
States, of the State of California and of the City of Bakersfield.
Residence within the limits of any territory which has been or may
hereafter become annexed to the City of Bakersfield shall after any
such annexation has been accomplished, be deemed and construed to
have been within the City. Appointive officers, police officers and
24
all members of any board or commission authorized by this Charter
and the City Council must be .citizens of the United States,
provided that each member of any board or commission must also be
a resident of the City at the time of appointment. Residence
requirements for all other officers and employees of the City shall
be as established by the City Council. (Amended March 3, 1981).
(Section 44 was repealed on March 3, 1981).
Bonds of Officers
Section 45. Ail officers, commissioners, heads of departments,
the City Manager, and any subordinates, dePuties or employees, as
may be required by the Council, shall'execute a good and sufficient
undertaking, in such sum as may be fixed by the Council, for the
faithful performance of their official duties, signed and executed
by two or more persons, or by any surety company authorized to do
business in the State of California.
(Sections 46 and 47 were repealed on March 3, 1981).
Temporary Employment
Section 47.1. Nothing contained in this charter is intended to
prevent the employment of persons for temporary services in the
several departments of the City; provided, however, that such
persons shall not be continued in service for a period of time
25
exceeding one hundred twenty working days in any one department in
any period of one year. (Added January 15, 1959).
ARTICLE V.
Finance and Taxation
The Fiscal Year
Section 48. The fiscal year of the City shall commence upon
the first day of July each year.
(The provisions of the State Constitution an4
State law cover this matter.)
Compliance with State Law
Section 50. The Council shall have power to avail itself by
ordinance of any law of the State of California now or hereafter
in for whereby assessments may be made by the assessor of the
county in which the City Bakersfield is situated, and taxes
collected by the tax collector of said county for and on behalf of.
the City of Bakersfield. Other provisions of this charter
concerning the assessment, levy and collection of taxes shall be
2--6
subject to the provisions of any such ordinance while the same
Shall be in force.
Department Estimates of Annual Requirements
Section 51. Delete. See Section 60 below.
Annual Estimate of City,s Requirements and Revenue
Section 52. Delete. See Section 60 below.
Annual Budget
Section 53. Delete. See Section 60 below.'
(Section 54 was repealed on March 3, 1981).
Annual Tax. Levy
Section 55. Delete. See section 60 below.
(Section 56 was repealed on March 3, 1981).
Bond Tax and Library Tax
Section 57. Delete. See Section 60 below.
Cash Basis Fund
Section 58. Delete. See Section 60 below.
27
Tax Liens
Section 59. Ail taxes assessed, together with any percentage
and penalties imposed for delinquency and the cost of collection,
shall constitute liens on the property assessed; every tax upon
the personal property shall be a lien upon the real property o£
the owner thereof. The liens, provided for in this article, shall
attach as of the first Monday in March of each year, and may be
enforced by action in any court' of competent jurisdiction to
foreclose such liens, or by a sale of the property affected and
the execution and delivery of all necessary certifications and
deeds therefor, under such regulations as may be prescribed by
ordinance. (Amended April 21, 1941).
Disposition of Money Collected
Section 60. Sections 51, 52, 53, 55, 57, 58, and 60
give the City no authority not provided in State law,
nor do they deal with matters that could not be
adequately dealt with by ordinance. Deletion of these
sections should be considered.
ARTICLE VI.
Department of Public Welfare
(Repealed January 15, 1959).
2--8
ARTICLE VII.
Elections
(See comments corresponding to Charter Section
74. This section is a meaningless
duplication; recommend its repeal.)
Date of General Municipal Election
Section 67. A general municipal election for the election of
members of the Council, and for such other purposes as the Council
may prescribe, shall be held in the City of Bakersfield on the
first Tuesday after the first Monday in November of each
odd-numbered year, except as otherwise provided by ordinance of
the Council *~ ~;n~;;~ ,,,;~ ~ ~ .... 1;;=~; ~ ..... 1 District
and School ~ ...... ;"g Board E!cction. The person having the highest
number of votes given for each office shall be elected. The elected
members of. the Council shall hold office until their successors are
'elected or appointed and qualified.
(It is recommended that, with the deletion
indicated, this section be retained.)
29
Election of Mayor
Section 67.1. (a) The nominating and general municipal
elections for the office of Mayor shall be held concurrently with
the State primary and general elections, respectively.
(b) Should any candidate for the office of Mayor receive more
than one-half of the total votes cast for that office at the
nominating election, such candidate shall be deemed elected;
otherwise, the names of the two candidates receiving the most votes
shall be placed on the ballot for such office at the following
general municipal election.
;~*;~ ,~-~; .~ ~ ~o~) Ail nominating petitions for
the office of Councilmember shall be filed with the City Clerk in
accordance with the requirements of the California Elections Code
provisions qoverning nominatiOn for elective offices of cities.
(ELECTIONS CODE SECTION 22836:
3O
Candidates may be nominated for any of
the elective offices of the City in the manner
following:
Not earlier than the 89th day nor later
than 12 o'clock noon on the 68th day before a
municipal election, the voters may nominate
candidates for election by signing a
nomination paper. Each candidate shall be
proposed by not less than 20 nor more than 30
voters in a city of 1,000 persons or more, and
not less than five nor more than 10 voters in
a city of less than 1,000 persons, but only
one candidate may be named in any one
nomination paper. No voter may sign more than
one nomination paper for the same office,'and
in the event he does so, his signature shall
count only on the first nomination paper filed
which contains his signature. Nomination
papers subsequently filed and containing his
signature shall be considered as though his
signature does not appear thereon. Each seat
on the governing body is a separate office.
Any person registered to vote at the election
may circulate a nomination paper. Where there
are full terms and short terms to be filled,
the term shall be specified in the nomination
paper.
2283?= Nomination paper signatures
The signatures to each nomination paper
shallb e appended on the same sheet of paper,
and each signer shall add the date of his
signing and his place of residence, giving the
street and number, if any, otherwise such
designation of his place of residence as will
enable its location to be readily ascertained.
22838: Affidavit
Every nomination paper shall have annexed
an affidavit of the person who circulated it
to the effect that he saw written all the
signatures appended thereto and knows that
they are the signatures of the persons whose
names they purport to be.
22839= Verified statement of
acceptance
Each nomination paper shall be
accompanied by a verified statement of the
31
candidate that he will accept the nomination,
and will also accept the office in the event
of his election. Such statement shall contain
a blank space wherein the candidate shall be
required to fill in his name in the manner in
which he wishes to have under his name on the
ballot, which designation shall conform to one
of the designations permitted under the
provisions of this code relating to the forms
of ballots generally.
22841= Form of nomination paper and affidavit
The nomination papers and affidavits
shall be substantlall¥ in the followlng form=
(See attachment)
Section 69. The petition for nomination shall consist cf not
form in accordance ~-:ith thc prcvigicng cf the E!ecticns Code cf
(Repeal; covered by proposed language of
amended Section 68.)
certificatec of the above character.
32
(Repeal. COvered by Elections Code.)
(ELECTION CODE SECTION:
22842= Issuance and 'distribution of forms
Ail forms required for nomination and
election to all municipal offices shall be
furnished only by the city clerk during
regular business hours. &t the time of
issuance of those forms the city clerk shall
type in the forms the name of the candidate
and the office for which he is a candidate,
shall imprint a stamp which reads "Official
Filing Form,,, and shall affix his signature.
&t the time nomination papers are issued to a
candidate the city clerk shall imprint the
date. The forms shall be distributed without
charge to all candidates applying for them.
to ';otc
(ELECTIONS CODE SECTION 22836 and 22841.)
obtained the "-ignature of the elector, is net himself entitled
~T~,~ ~ I ~A %
(Repeal; covered by Elections Code.)
(ELECTIONS CODE SECTION:
27035: Qualifications to circulate or sign
recall petition
Only registered voters of the electoral
jurisdiction of the officer sought to be
recalled are qualifled to circulate or sign a
recall petition for that officer.)
34
(There is no Elections Code provision for
· naming elections~ it is recommended, however,
that the naming of elections be accomplished
by ordinance.)
Procedure for Holding Munlcipal Elections
· Section 74. Unless otherwise provided for by this Charter or
ordinance hereafter enacted, all elections shall be held in
accordance with the provisions of the Elections Code and the
Government Code of the State of California, = .......... = .......... =--
~ as the Same now exists or may hereafter be amended.
(This section should be retained.)
(This section is covered by Charter Section
74, above~ repeal.)
(Prior Sections 72-97 repealed November 3, 1964).
35
ARTICLE VIII.
Judicial Department
(Sections 98 - 107 Repealed January 15. 1959).
ARTICLE IX.
Public Utilities
Ownership
Section 108. It is hereby declared to be the purpose and
intention of the people of the City of Bakersfield that such public
utilities as shall be deemed best for the interest of the people
shall be acquired by purchase, condemnation or construction, and
owned and operated by the City.
(Section 109 was repealed on March 3, 1981).
Plan Submitted to Elector
Section 110. The Council shall, upon petition of qualified
registered electors equal in number to not less than thirty-five
per centum of the votes cast at the last municipal election at
which all qualified registered electors were entitled to vote,
submit as separate questions, by ordinance, to the qualified
registered electors of the city, at any special election at which
36
all qualified registered electors are entitled to vote, a plan for
the acquisition of one or more public utilities and its adoption
and the issuance of bonds of the city for the payment therefor.
(Amended April 21, 1941).
Estimate of Cost
Section 111. Before submitting for adoption any plan for the
construction and establishment of a public utility, the Council
shall cause to be ascertained and made an estimate of the cost at
which such public utility can be constructed or acquired.
Contents of Ordinance Calling Election
Section 112. The ordinance calling such election shall contain
a statement of the plan proposed for the acquisition of such public
utility or utilities, naming the same, the estimated cost or'price
thereof, and shall otherwise conform to the provisions of this
charter governing the calling and holding of elections for the
incurring of bonded indebtedness, and the law for holding of
elections therefor.
Operation
Section 113. In the event the city should acquire one or more
public utilities, the operation of the same shall be under the
supervision of the City Manager.
Transit Authority
(Sections 113.1 thru 113.8 repealed September 28, 1965).
37
(Sections 113.9 and 113.10 were repealed on March 3, 1981).
Property Rights of City Inalienable
Section 114. The rights of the City in and to its public
buildings, streets, highways, public parks and all other public
places owned or controlled, except as otherwise provided in this
charter, are hereby declared inalienable and no franchise, permit
or privilege granted shall be construed as carrying the right to
cut, trim, break or destroy any shade, ornamental, or other tree on
or in the parking space of any street or public park.
Franchises
Section 115. No person, firm or corporation shall exercise
any franchise right or privilege mentioned in this article within
the city except insofar as he or it may be entitled to do so by
authority of the Constitution of the State of California and
statutes or other laws, unless he or it shall have obtained a grant
therefor in accordance with the provisions of this Charter.
Any franchise in existence at the time of the adoption'of this
section shall remain in effect until the expiration of its term.
(Amended November 3, 1964).
Exclusive Franchise for Collection an4 Disposal of Rubbish and
Garbage
3__~
Section 115 1/2. The City Council may, after advertising for
bids in the official newspaper of the City of Bakersfield for five
consecutive days, award to the highest responsible bidder an
exclusive franchise, permit or privilege, for a term not to exceed
ten years, to collect and dispose of all rubbish and garbage that
may accumulate within said City. (Amended April
6, 1931).
Authority to Grant Franchises
Section 116. The city Council is empowered to grant by
ordinance a franchise to any person, firm or corporation, whether
operating under an existing franchise or not, to furnish the city
and its inhabitants with transportation, communication, Cable
Antenna Television Service, terminal facilities, light, heat, gas,
water, storage of any other public utility or service, or to use
the public streets, ways, alleys or places for the operation of
plants, works or equipment for the furnishing thereof or traversing
any portion of the city, for the transmittal or conveyance of any
-such service elsewhere. The City Council may provide, by ordinance,
additional terms and conditions of such franchise not inconsistent
with this Charter.
Nothing in this Charter shall apply to the city or any
department thereof, when furnishing any such utility or service.
(Amended November 3, 1964).
39
Franchises for Distribution Facilities for Gas Electricity and
Water
Section 117. In addition to the authority to grant franchises
contained elsewhere in this Charter, the City Council may grant a
franchise to any person, firm or corporation, whether operating
under an existing franchise or not, to use, or to construct and
use, poles, wires, conduits, and appurtenances for transmitting and
distributing electricity for all purposes, or to use, or to lay and
use, pipes and appurtenances for transmitting and distributing gas
for any and all purposes, or to lay and use pipes, ditches, flumes,
conduits and appurtenances for transmitting and distributing water
for any and all purposes, under, along, across, or upon the public
streets, ways, alleys, and places within the municipality, upon
such terms and conditions as are provided in an act of the
Legislature of the State of California, designated therein and
commonly known as the "Franchise Act of 1937" and as the said act
may hereafter be amended.
The enumeration of a particular act of the State of California
shall not be held to be a limitation on the authority of the city
Council to grant franchises pursuant to any other law of the State
of California as they now exist or may hereafter exist. (Amended
November 3, 1964).
Resolution of Intention-Notice and Public Hearing
Section 118. Before granting any franchise, the City Council
shall pass a resolution declaring its intention to grant the same,
4--0
stating the name of the proposed grantee, the character of the
franchise, and the terms and conditions upon which it is proposed
to be granted. Such resolution shall fix and set forth the day,
hour and place when and where any persons having any interest
therein or any objection to the granting thereof may appear before
the City Council and be heard thereon. It shall direct the City
Clerk to publish said resolution at least once within fifteen days
of the passage thereof, in the official newspaper. The time fixed
for such hearing shall not be less than twenty nor more than sixty
days after the passage of said resolution. At the time set for
the hearing the City Council shall proceed to hear and pass upon
all protests and its decision thereon shall be final and
conclusive. Thereafter, it may grant, or deny, the franchise,
subject to the right of referendum of the people.
If the City Council shall determine that changes should be
made ih the terms and conditions upon which the franchise is
proposed to be granted, a new resolution of intention shall be
adopted and like proceedings had thereon. (Amended November 3,
1964).
Term of Franchise
Section 119. Every franchise shall state the term for which
it is granted, which unless it be indeterminate as provided for
herein shall not exceed fifty years.
41
A franchise grant may be indeterminate which may provide that
it shall endure in full force and effect until the same, With the
consent of the Public Utilities Commission of the State of
California, shall be voluntarily surrendered, br abandoned by its
possessor or until the State of California, or some municipal or
public corporation, thereunto duly authorized by law, shall
purchase by voluntary agreement or shall condemn and take under
the power of eminent domain, all property actually used and useful
in the exercise of such franchise, or until the franchise shall be
forfeited for noncompliance with its terms by the possessor
thereof. (Amended November 3, 1964).
Grant to be in Lieu of &11 Other Franchises
Section 120. Any franchise granted by the City with respect
to any given utility or service shall be in lieu of all other
franchises, rights or privileges owned by the grantee, or by an
successor of the grantee to any right under such franchise, for
the rendering of such utility or service within the limits of the
City as they now or may hereafter exist, except any franchise
derived under Section 19 of Article XI of the Constitution of
California as said section existed prior to the amendment thereof
adopted October 10, 1911. The acceptance of an franchise,
hereunder, shall operate as an abandonment with the exception of
said constitutional franchise, of all such franchise rights and
privileges.within the limits of. the City as such limits shall at
42
any time exist, in lieu of which such franchise shall be granted.
Any franchise granted hereunder shall not become effective
until written acceptance thereof shall have been filed by the
grantee thereof with the City Clerk. Such acceptance shall be filed
within thirty days after the adoption of the ordinance granting the
franchise or any extension thereof granted by the City Council and
when so filed, such acceptance shall constitute a continuing
agreement of such grantee that if and when the City shall
thereafter annex, or consolidate territory, and all franchises,
rights and privileges owned by the grantee therein, except a
franchise derived under said constitutional provisions, shall
likewise be deemed to be abandoned within the limits of such
territory.
No grant of any franchise may be transferred or assigned by
the grantee without the prior consent of the City Council evidenced
by a duly adopted resolution approving the assignment or transfer
and unless the transferee or assignees thereof shall covenant and.
agree to perform and to be bound by each and all of the terms and
conditions imposed in the grant by this charter. (Amended November
3, 1964).
Duties of Grantees
Section 121. By its acceptance of any franchise here under,
or upon the renewal of any franchise, the grantee shall covenant
4_/3
and agree to perform and be bound by each and all of the terms and
conditions imposed in the grant, or by the ordinance granting the
franchise and shall further agree to:
(a) Comply with all lawful ordinances, rules and regulations
theretofore or thereafter adopted by~ the City Council in the
exercise · of its police power governing the construction,
maintenance and operation of its plants, works or equipment;
(b) Pay to the City on demand the cost of all repairs to
public property made necessary by any of the operations of the
grantee Under such franchise;
(c) Covenant and agree that the City, its agents, servants
and employees are to be free from liability and claims for damages
as the result of injury to any person or persons (including
grantee) or of injury to any property of any kind whatsoever or to
whomsoever belonging (including grantee) resulting from any
operations under such franchise so granted or renewed. Grantee
further covenants and agrees to indemnify and save harmless the
city from any and all lability arising out of any such injury.
Grantee shall, on the City's request, defend any suit asserting a
claim covered by this indemnity;
(d) Remove and relocate without expense to the city any
facilities installed, used and maintained under the franchise if
44
any when made necessary by any lawful change of grade, change in
the alignment or width of any public street, way, alley or place,
alley or easement, or construction of any subway or viaduct; and
(e) Pay to the City during the life of the franchise a
percentage, to be specified in the grant of the gross annual
receipts of the grantee arising from its operation under the
franchise within the limits of the City, ~and such other
compensation as the City Council may prescribe in the ordinance
granting the franchise. (Amended November 3, 1964).
Method of Granting Franchise
Section 122. The Council may grant a franchise without calling
for bids or may, in its discretion, advertise for bids for sale of
a franchise upon a basis, not in conflict with the provisionsof
this article, to be set out in the advertisement for bids. (Amended
November 3 1964).
Examination of Company,s Books
Section 123. Ail ordinances granting franchises under this
article, shall provide that the city shall have the right, at all
reasonable times, to examine all the books, vouchers, records and
other papers, of all holders exercising or enjoying any franchise
under this article. Refusal to produce the same at any reasonable
time for examination, by the Clerk, accOuntant, or other agents
45
appointed by the Council, shall work a forfeiture of the said
franchise. (Amended November 3, 1964).
Annual Report of Company
Section 124. Except as otherwise specifically Provided for
in this article, or in the ordinance granting a franchise, every
holder, or operator, of any business under a franchise granted
under this article, shall file annually with the City Clerk, on
such date as shall be fixed by the Council, a report for the
preceding year. Such report shall be in writing, .verified by the
affidavit of such person, or persons or officer of.the corporation,
as the Council shall direct and shall contain a statement, in such
form and details as shall from time to time be prescribed by the
Council, of all the gross receipts arising from all the business
under said franchise, within the city, for the year immediately
preceding such report. Such report shall contain such further
information as may be required by the Council concerning the
character and amount of business done under said franchise, and the
amount of receipts and expenses connected therewith, and also an
itemized account of the money expended under said franchise, for
new construction, repairs and betterments during the year.. The
Council shall have the power to call for special report, at any
time covering any specific period. (Amended November 3, 1964).
Franchise Record Book
4--6
Section 125. The Council shall provide and cause to be kept
in the office of the City Clerk a franchise record, indexed, and
of proper form, in which shall be transcribed accurate and correct
copies of all franchises granted by the City, the names of the
grantees, and thereafter the name .of any assignee or lessee
thereof. (Amended November 3, 1964).
Payment of Gross Receipts
Section 126. The stipulated percentage of gross receipts
provided in this charter or said ordinance to be paid for the use
and enjoyment of any franchise as set forth in the ordinance
granting such franchise shall be paid annually by holders thereof,
at the time of filing the annual report provided for in this
charter or ordinance. Failure to pay such percentage shall work a
forfeiture of the franchise. (Amended November 3, 1964).
Purchase or Condemnation by City
Section 127. No franchise grant shall in any way or to any
extent impair or affect the right of the City now or hereafter
conferred upon it by law to require the property of the grants
thereof either by purchase or through the exercise of the right of
eminent domain, and nothing herein contained shall be construed to
contract away or to modify or to abridge either for a term or in
perpetuity the City's right of eminent domain with respect to any
public utility. (Amended November 3, 1964).
4_/7
Forfeiture
Section 128. In the event that a grantee or assignee of any
franchise granted pursuant to this charter shall cease to carry on
its operation under said franchise for a period of sixty days the
City Council may, by resolution, declare said franchise to be
forfeited. Such resolutions may further provide, at the option of
the City Council, that all works, installations and equipment which
have been placed or installed in, on or over public streets, ways,
alleys or places shall become the property of the City and all
right, title, and interest to said works, installations and
equipment shall vest in the City of Bakersfield. (Amended November
3, 1964).
Exercising Right Without Franchise
Section 129. The exercise by any person, firm or corporation
of any privilege for which franchise is required without first
procuring franchise, shall be a misdemeanor, punishable by a fine
of not more than Five Hundred Dollars or by imprisonment for not
more than six months in the County Jail or by both such fine and
imprisonment and each day that such violation continues shall
constitute a separate offense.
In addition to the penalty prescribed above any person, firm
or corporation exercising a franchise or privilege in violation of
this article shall be liable to the City of Bakersfield in the
48
amount of One Hundred Dollars for each and every day of such
violation. (Amended November 3, 1964).
Referendum on Franchise Ordinances
Section 130. Notwithstanding any provision in this Charter
to the contrary, if before any ordinance granting a franchise under
this article becomes effective, a petition signed by qualified
registered electors of the City. equal in number to twenty-five per
centum or more of the entire vote cast at the last municipal
election at which all qualified registered electors were entitled
to vote, protesting against the passage of such ordinance, be
presented to the Council, said ordinance shall thereupon be
suspended. The Council shall submit the ordinance to the qualified
registered electors of the City either at the next municipal
election at which all qualified registered electors are entitled
to vote or at a special election called for that purpose and such
ordinance shall not go into effect unless a majority of the
qualified registered electors voting on the same shall vote in
favor thereof. The provisions respecting the forms and conditions
of the petition and the mode of verification and certification and
filing, shall be the same, as is provided for initiative petitions
in Article III of this charter. The ballot to be used shall be
substantially as is provided in Article VII of this Charter, with
such modifications as may be required, said form of ballot to be
approved by the City Council. (Amended November 3, 1964).
49
Franchise for Railroads Other Than Street Railroads
Section 131. Franchises may be granted by the Council for the
construction, maintenance and operation of railroads other than
street railroads along, upon, over, in, under or across any street
or streets, or other public places in the City, upon petition
therefor stating the character and purpose of the franchise and the
route to be traversed, but no action shall be taken upon any such
application or petition until thirty days after the same has been
filed. If within that time a petition is filed and signed by the
electors of the City, equal in number to ten per centum, or more~
of the entire vote cast at the last municipal election at which all
qualified registered electors were entitled to vote, praying that
the granting of said franchise be referred to a vote of the
electors of the electors of the city, said application'shall be so
referred. Franchise for railroad spurs or sidetracks may be granted
by the Council in the same manner, except that the same may be
revoked when the purpose for which granted shall cease. (Amended
March 21, 1941).
(Section 132 superseded by amended Section 117).
(Section 132 1/2 superseded by amended Section 130).
(Section 133 repealed January 15, 1959).
5O
ARTICLE X.
Public Work and Supplies
Form of Contracts
Section 134. Ail contracts shall be drawn under the
supervision of tile City Attorney. Ail contracts must be in
writing, executed in the name of the City of Bakersfield, by an
officer or officers authorized to sign the same. and must be
countersigned by the Auditor, who shall number and register the
same in a book kept for that purpose.
Progressive Payment of Contracts
Section 13 5. ~ ...... ~ ......... ; ~ ~ '
-------='= ........ -,° --~-,~. The Council shall by ordinance establish minimum
retention percentaqes which shall limit the amounts of progress
payments under all public works contracts; provided, however, that,
51
to the extent required by law, securities provided by the
contractor may be substituted in lieu of any such retention.
(This section limlts progress payments to 90%
of the value of the work done and materials
used, delivered, or subject to City control,
prohibits contract provisions allowing payment
of more than 90% of the contract price before
completion and acceptance of the work.
Section should be amended to Conform to
Government Code Section 4550 which requires
that securities be accepted in lieu of
retention of any portion of the contract price
and existing contracting practices.)
Public Work to be Done by Contract
Section 136. In the erection, improvement and repair of all
public buildings and works, and in furnishing any supplies and
materials for the same, or for any other use by the City, ~
of t';;--'~ ~l'%All~'~I~'I"%,P1 ~"~ ~Fh '~I11~"%F~F'~'~ F"~F'%'~ '~ ~'t,-~, 1'%11~ { ~ I ~r ~'.. 't-~'~ fo'-]].'
, ~ .................. respens u
........... = ............... newspaper, the C Council shall
establish, by ordinance, criteria includinq dollar amounts,
requirinq biddinq and award of a contract, if awarded, to the
52
lowest responsible bidder submitting a responsive bid. Whenever
the Council determines that work, supplies, equipment or materials
can only be reasonably obtained from one vendor because of
restricted availability of· such work, supplies, equipment or
materials, or because of the necessity to successfully integrate
such work, supplies, equipment or materials into an existing City
project or system, the Council may authorize award of a contract
for such work, supplies, equipment or materials without first
seeking bids therefor. Projects for the resurfacing, maintenance
or repair of streets, drains or sewers are e~ exempted from
the requirements of this paragraph, if the city Council determines
that such work can be performed more economically by a City
department.than by contracting for the doing of such work.
The city Council may in its discretion reject any and all bids
and readvertise for bids.
The City Council, after rejecting bids, or if no bids are
received, may declare and determine that, in its'opinion, based on
estimates supplied by the City Manager, the work in question may
be performed better or more economically by City employees or the
materials or equipment may be purchased more economically on the
open market, and after the adoption of a resolution to this effect
by mt !~a~t feur affirmative votes of a majority of the entire
Council, may proceed to have said work done in the manner stated,
without further observance of the provisions of this section. Such
contracts likewise may be let without advertising for bid if such
work or supplies or equipment shall be deemed by the City Council
53
to be of urgent necessity for the preservation of life, health, or
property, and shall be authorized by resolution passed by a~-3~=as~
five affirmative votes of a majority of the entire City Council and
containing a declaration of the facts constituting such urgency.
(Amended November 3, 1964).
(Dollar limitations were established in 1968
when the Consumer Price Index was 100 basis
points. The CPI currently exceeds 300 basis
points. Consideration should be given to
establishing limits by ordinance in order to
reflect current monetary values.)
Publishing Legal Notices
Section 137. Delete. See Section 138 below.
official Newspaper
Section 138. Delete Sections 137 and 138. The City
has not bid for publlcation services in recent memory.
Official newspaper no longer appears to be pertinent
due to growth of City and modern advertising and
communication methods.
Contract for?:Lighting
Section 139. No contract for lighting streets public
buildings, places or offices shall be made for a longer period than
one year, nor shall any contract to pay for electric light or any
· illumination material at a higher rate than the minimum price
charged to any other consumer be valid.
Collusion with Bidder
54
Section 140. Any officer of the city, or of any department
thereof, who shall aid or assist a bidder in securing a contract
to furnish labor material or supplies at a higher price than that
proposed by any other bidder or who shall favor one bidder over
another by giving or withholding information or who shall wilfully
mislead any bidder in regard to the character of the material or
supplies called for, or who shall knowingly accept materials or
supplies of a quality inferior to those called for by the contract,
or who shall knowingly certify to a greater amount of labor
performed than has actually been performed, or to the receipt of
a greater amount or a different kind of material or supplies than
has been actually received, shall be deemed guilty of malfeasance
and shall be removed from office.
Colluslon by Bid4er
Section 141. If the person to whom a contract has been awarded
has colluded with any other party or parties for the purpose of
preventing any other bid being made, the contract so awarded shall
be void.
(Section 142 was repealed on March 3, 1981).
Penalty for Violation
Section 143. Delete. Dimltations on personnel are
obsolete and have been preempted by State and Federal
labor regulations.
55
(Section 144 was repealed March 3, 1981).
(Article XI, consisting of Sections 145 thru I 55, were
repealed on March 3, 1981).
(Section 156 was repealed November 5, 1968).
Ex-Officio Library Board
Section 157. Repealed by electors of the City of Bakersfield,
April 8,1941.
ARTICLE XII.
Miscellaneous
56
(Sections 158, 159 and 160 are left over from
the initial adoption of the Charter and serve
no purpose now.)
State Law
Section 161. Whenever any municipal function or affair rises,
for which no provision is made by this charter or ordinances, the
law of the state applicable thereto shall govern. Any law of the
state applicable may be made the law of the city by ordinance.
5--7
Rules of Construction
Section 162. (a) The rules of construction and interpretation
and the definition of words and phrases provided by the Government
Code of the State of California, the civil Code of the State of
California, the Code of civil Procedure of California, shall be and
are hereby made the rules of construction and interpretation and
the definitions, for this Charter, except where otherwise provided
herein. (Amended November 3, 1964).
(b) Any section added or amended shall Supersede any
conflictinq provision of a previously existinq section.
(This subsection is presently the next to last
sentence Section 33.)
(c) If any section, subsection, clause or phrase of this
Charter is for any reason held to be unconstitutional, such
decision shall not affect the validity of any other section,
subsection, clause or phrase of this Charter.
(This subsection is presently Section 205.)
,Meanings of Wor4s
Section 163. The following words have, in this Charter the
signification attached to them in this connection, unless otherwise
apparent from context:
5--8
The word "elector" shall mean qualified registered electors
under the election law of California, and whose names are in the
current great register of the County of Kern, and who are entitled
to vote in the precinct or ward where they reside.
"Council" shall mean the Council of the City of Bakersfield,
as the governing body thereof.
"City" shall mean the City of Bakersfield.
"Whenever in this Charter either the masculine or feminine
gender is used, it shall be deemed to include the other."
Presentation of Papers and Petitions
Section 164. Papers and petitions addressed to the Council
shall be deemed presented when filed with the Clerk.
RELIEF AND PENSION FUND FOR
MEMBERS OF THE FIRE DEPARTMENT
OF THE CITY OF BAKERSFIELD
(Repealed November 5, 1968)
CIVIL BERVICE FOR THE FIRE
59
DEPARTMENT
Section (183) I. Within sixty (60) days after taking office,
City Council first selected after the ratification of this
amendment shall appoint as members of a Civil Service Board three
citizens of the City who shall otherwise have no connection with
the City government. At the time of said appointment the City
Council shall designate one of the citizens so appointed to serve
for a term which shall expire December 31, 1931, one for a term
which shall expire December 31, 1933, and one for a term which
shall expire December 31, 1935. At the expiration of each of the
terms so provided for, a successor shall be appointed for a term
of six years. Vacancies on the Civil Service Board from whatever
cause shall be filled by the city Council for the unexpired term.**
' · City
assigned by thc Beard.
(Delete, unnecessary in Charter.)
60
Section (185) 3. The Civil Service Board shall formulate rules
and regulations governing the selection~ a~4--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.** All officers and
me~ personnel, ..... ~ ~ ~ ~ ~ ~4~ n .... ~ shall
belong to the classified service and shall be appointed and
promoted for no other grounds and for no other reason that their
fitness for the position to be filled: provided, however, that no
member of the Fire Department shall be eligible for promotion until
he or she 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, whenever a list of eligible shall be furnished to the
Civil Service Board from the three (3) highest standing candidates
on the list.
(The initial addition addresses the
recommendations of the Ralph Andersen, Charter
Review Committee, and the PerSonnel Committee
reports regarding uniformity of rules.)
(The Fire Chief is in practice a member of the
classified service, though appointed without
examination as specified in Section 194. (The
6_11
other changes are for purposes of gender
neutrality! ) )
Section (186) 4. It shall be the duty of the Civil Service
Board 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.....~ ~ ............. r~---- v_~A~ ~._.. ~..v e!igiblo
---~ ........ r~ .............. promotion ';~ithout reexamination. No
member of such Board shall'sit as a member of the ratinqs panel for
any oral examination.
(Term of eligible lists should be governed by
rule adopted by the Board. Additional
language implements recommendations of Charter
Review Committee and Ralph Andersen report.)
(Delete as unnecessary. This section
addressed 1931 amendment to Charter.)
~ _~ ~, ..... person ................
belief.
(Delete as unnecessary, since covered by
federal and state law. This section is less
inclusive than other requirements of law and
may be misleading.)
Section (189) 7. Appointment or promotion to employment or
rank shall not be deemed complete until a period of probation not
to exceed six (6) months has elapsed. In event of promotion to
higher rank, the appointee may be reduced by the City Manager,
upon recommendation of the Chief of the Fire Department, to the
next lower rank :in the classified service of said' Department and
in the event that such appointee is in the lowest grade of the
classified service, such appointee may be discharged by the city
63
Manager, upon the recommendation of the Chief of the Fire
Department.
Section (190) 8. If discharged or reduced after expiration of
the period of probation, the employee so discharged or reduced may
demand a trial, whereupon he or she shall be tried as provided in
the section referring to Suspensions and Removals.
Section (191) 9. The City Manager, Chief of the Fire
Department or Civil Service Board in whom shall be vested removal
or disciplinary power shall be allowed full freedom ;~ kis er its
o__f action in such matters, it being the intent and spirit of this
amendment to provide a fair and honest approach to employment and
subsequent promotion in such Department but, in no sense, to
handicap or curtail the responsible administrative officer or
officers in securing efficient service.
(Delete section. Classifications change as
modern firefighting techniques and advances
64
are realized. Flexibility to respond to these
changes can be dealt with in rules.)
(& repeal of this section is recommended.
This section establishes age limits and
physical qualifications for fireflghter
positions.which are inconsistent with present
practices.)
Chief of the Fire Department
Section (194) 12. The Chief of the Fire Department shall be
appointed, without examination, by the City Manager from among the
membership of the Bakersfield Fire Department, and after
appointment shall be removed or reduced in rank only as provided
for other members of the classified service. The dismissal of the
Chief of the Fire Department from the office, by the City Manager,
shall not accomplish his or her dismissal from the Department, and
upon such dismissal he or sh~ shall be restored to the rank and
grade held by him prior to the appointment as Chief of the Fire
6--5
Department.
Deputy Chief of the Fire Department
Section (195) 13. In case of absence, disability or death of
the Chief of the Fire Department, the Deputy Chief of the Fire
Department shall assume charge of the Fire Department and shall be
vested with all of the powers of the Chief of the Fire Department
during the time he or she shall be in charge of' such Department.
.%_~_~i_~t~_nt Ch!~_f _~f th~_ Fir~_ De~_rtm~_nt
~ Deputy Chief cf thc ~-" Dcp~rtment ~ .... v~.. ~~=.~
(Delete. Position to be dealt with in rules.)
Powers and Duties of the Chief of the Fire Department
Section (197) 15. The Chief of the Fire Department shall,
subject to the approval of the City Manager, have control,
management and direction of all members of the Fire Departmentand
all buildings, apparatus and equipment of such Department in the
lawful exercise of the functions of b~ the office. He or she shall
have full power, to detail any officer or member of the Fire.
Department to such public service as may be necessary. He or she
shall recommend to the City Manager members of the Fire Department
6--6
for demotion or dismissal and may suspend from duty and prefer
charges against any officer or member.
Section (198) 16. When a vacancy arises in the Fire Department
above the grade of ~ firefighter, the Chief of the Fire
Department may, with the approval of the City Manager, 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 be filled by appointment from the eligible list
furnished by the Civil Service Board. The member so assigned shall,
during his or her incumbency receive the salary attached to the
grade or position thus temporarily filled.
Suspensions and Removals
Section (199) 17. The City Manager may upon the recommendation
of the Chief of the Fire Department, suspend from duty, for cause,
for a period not to exceed thirty days cr fin~ net t~ ~xc~c~ ene
~'~,.v..~ _ ..... ~_~ , 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 justifies expulsion of such member from the service
of the City, the City Manager shall prepare or cause to be prepared
written charges against the accused, such written charge to be
filed with the Trial Board herein created. Copies of such charges
shall be furnished to the accused, who shall not less than ten (10)
days after such service, prepare his or her defense thereto. The
67
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 or she may desire to testify in his or her behalf.
(Deletion necessary. Fine provision not
legally enforceable.)
Trial Board
Section (200) 18. There is hereby created, for the purpose of
hearing and determining charges made against an officer or member
of the Fire Department. a Board to be known as the Trial
Board, which shall be composed of the members of the Civil Service
Board, ~ ~' TM ........ ~ ~ ~ ~ ~ ~ TM .... ~ The
verdict and judgment of a majority of the Trial Board shall be
final. If the accused be found guilty, the Trial Board may dismiss
him or her from the service of the City or inflict such other
..... ~- as in the judgment of the Board shall be
punishment
adequate; provided, however, that should an officer or member of
the Fire Department be found guilty of a charge of drunkenness on
duty, the Trial Board must dismiss him or her from the service of
the city. If an officer or member of the Fire Department be
convicted of a felony or malfeasance in office, or be adjudged
insane, or absent himself or herself from the City for more than
~' '~ ten (10) workinq days without leave, the Trial Board
shall, upon the recommendation of the City Manager, declare his o__r
her position or office vacant and the vacancy shall be filled as
68
heretofore provided.
(The City Manager and Fire Chief having
initiated or approved the proposed
disciplinary action, their participation in
the Trial Board could taint the proceedings of
that Board. Reduces thirty days without leave
as excessive.)
Such vacatien shall be at ouch *~__..._ .... __ *~_.._ ~-~_..__~ ~_~ the Firo
(Delete as covered by Memorandum of
Understanding and by state law.)
69
condldct which is hereic er meritorious. The farm., er zmeunt of such
(Delete. Unnecessary.)
Limitation of Emp!oyment
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, 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. Under no circumstances shall
an officer and/or employee of the Fire Department be allowed to
70
engage in more than 312 hours per calendar year quarter in outside
employment,
business, profession, .trade or calling. All officers and/or
employees of the Fire Department shall be available for duty at
any time. (Amended November 8, 1983).
(Sections 203 and 204 repealed November 5, 1968).
(Delete. To be covered in revision to SeCtion
162.)
(Delete. Unnecessary. Relates to 19 31
amendment. )
(Delete. To be covered in revision to Section
72
C~VIL SERVICE FOR OFFICERS AND
EMPLOYEES IN THE M~SCELLANEOUS
DEPARTHENTS OF THE C~TY OF
BAKERSFIELD
(Amendment to the Charter of &pril 6, 1931)
Creation and Establlshment of Clvll Service
section (208) 1. There is hereby created and established Civil
Service for all officers and employees of the City of Bakersfield,
excepting elective officers, the City Manager, the Police Judge,
members of the Police and Fire Departments, and members of all
boards and commissions, which shall be known and designated as
"Civil Service for Officers and Employees in the Miscellaneous
Departments " ~a~-~ ~ ~ !94!) **
Appointment of civil Service Board (This section was amended in
1984--this is old language.)
Section (209) 2. Within thirty (30) days after the ratification of
this amendment by the Legislature of the State of California. the
City Council of the City of Bakersfield shall appoint as members
of a Civil Service Board, five (5) citizens of the City of
Bakersfield, who shall otherwise have no connection with the City
government. At the time of said appointment the City Council shall'
designate one of the citizens so appointed to serve for a term
which shall expire December 31, 1932, two for a term which shall
73
expire December 31, 1933, and two for a term which shall expire
December 31, 1934. At the expiration of each of the terms so
provided for, successors shall be appointed by the City Council for
a term of four (4) years. Vacancies on the Civil Service Board from
whatever cause shall be filled by the City Council for the
unexpired term. Members of the Civil Service Board may be removed
from office in the same manner as are elective officers of the City
of Bakersfield and not otherwise.**
..................................... secretary ~
.... ~ __ neeesszry te c~rry out tko functions ef s~!d ~e~rd er ef tho
(Delete. Unnecessary.)
Duties of civil Service Board
Section (211) 4. The Civil Service Board shall, subject to
the approval of the City Council, formulate rules and regulations
.governing procedure for the conduct of ex~minztions ef candidates
~v~~ ..... =v-~-~v.._~"~ mc selection, promotion, and discipline of officers
and employees of the City of Bakersfield, excepting elective
officers, the City Manager, the Pc!ice Judge City Attorney, members
of the Police and Fire Departments, and members of all boards and
74
commissions ~. ~.~1 C.~..~.~ 1)~:~.) ~-'1~:11 ~-,,)~4~.(- ~'~ (')~ :.~r:l
.(~.~ ~ ....... n .... +~..+~ which rules shall, to the extent deemed
feasible by said Board, be consistent with such rules of the other
two Civil Service Boards.**
(Revision conforms this section to Sections
185 and 223~ however, rules of this Board are
still subject to Council approval.)
It shall be the duty of the Civil Service Board to hold
examinations and to administer other suitable tests to applicants
for positions in the several departments affected by this ~mendment
for the purpose of determining their fitness for such positions.
No member of such Board shall sit as a member of the ratings pane]
for any oral examination.
Ail 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 before each examination, 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
75
be allowed to applicants not attaining a passing grade in the
examination.
Any head of a department may recommend a subordinate for
promotion, whereupon the Civil Service Board shall give said person
a suitable test to determine his fitness for such promotion. If
said person passes said test and is certified by the Civil Service
Board, the appointive power may appoint said person to said
position.
charactor and shall tm!ate to those matters only which will fairly
test the relative capacity =-~ =~(l~+y ~ +~ ............ ("~J to
(Delete. Covered by EEOC regulations an4 by
other state an4 fe4eral oonstralnts.)
Charter. All subordinate officers and employees in the me~=c=a~
departments =~=~+~ ~,, +~ ..... ~"+ shall be appointed by the
head of the department in which the vacancy occurs, with the
approval of the City Manager.
76
(Revls[ons are teohnical~ not substantive.)
...... ~-, ~ .................. = _~ ......... promoted bo
(Delete. Can be covered by rules.)
77
Position_- .~.!tho,_'t E.~.-_=!n-_t!_-n_-
thi~
rat;-g hold by thom at tho time of ratification of this amondmont.
(Delete. Obsolete. Relates to 1931
amendment. )
(Delete as unnecessary, since covered by
federal and state law. This section is less
inclusive than other requirements of law and
may be misleading.)
Probation Period
7--8
Section (214) 7. Appointment or promotion to employment or
rank shall not be deemed complete until a period of probation not
to exceed six (6) months has elapsed, s~id ~v ,~ ~+~ .... ~
~ ~~ ~ ~ ~...~ ~,, ,~n~ ..... ~ ~ .... not necessarily
continuous. Periods of any unpaid leave and periods of any paid
disability leave shall not count towards completion of the term of
probation. In the event of promotion to higher grade, the
appointee may be reduced by the head of the.department, during the
probation period, with the approval of the City Manager, and in
event that such appointee is in the lowest grade, such appointee
may be discharged by the head of the department affected, with the
approval of the City Manager. (Amended April 21, 1941).
(Deletes 150 working day provision, as it does
not reflect modern work week schedules, and
specifies that periods of unpaid leave do not
count towards completion of probation.)
Suspension and Removals
Section (216) 9. The authority having the appointive power,
as provided for by the City Charter, 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.
79
When, in the opinion of the authority having the appointive
power, any officer or employee affected by this amendment ccnducts
hims~!f acts or fails to ~act in such a way as to justify h~s
removal or discharge on any of the grOunds mentioned in this
article, the appointive power shall suspend such officer or
'employee and declare his or her intention in writing to file
charges against such officer or employee seeking his.discharge or
dismissal, such declaration to be filed at once with the Civil
Service Board. Such charges must be in writing and shall be
prepared or caused to be prepared by the authority having the
appointive power, and shall be filed with the Civil Service Board
and the City Manager. A copy of such charges shall be served on
the accused, who shall within ten (10) days after such service,
file ~ an answer to said charges in writing with the Civil
Service Board, the City Manager and the authority having the
appointive power. 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 or she shall be
removed and discharged from the City of Bakersfield as of the date
of kis suspension by the appointive power.
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
80
written charges, and after an opportunity to be heard in his or her
own defense.
Demotion, removal or discharge may be upon any of the
following grounds: incompetency habitual intemperance, immoral
conduct, dishonesty, inattention to duties, drunkenness onduty,
insubordination, or anything sufficiently irregular to justify
removal, demotion or discharge in the opinion of the appointive
power. ,~~ ~;1 ~ ~oA~%
under
--= ................................ urisdiction cf the ~;'';] .....
(Delete. Cover by rules.)
Creation and Establishment of Trial Board
81
Section (217) 10. (a) There is hereby created for the purpose
of hearing and determining charges made against any officer or
employee of the several departments affected by this amendment, 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 a majority of the Trial Board shall be final and conclusive.
(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, it shall so advise the
appointive power and said appointive power shall then dismiss or
discharge the officer or employee whose guilt has been so
established and determined. If the Trail Board shall find that the
accused be guilty as charged 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 the appointive power and the vacancy shall be
filled as herein provided. (Amended April 9, 1957).
82
Classification of Employees in Subordinate Positions
Section (217a) 10a. It shall be the duty of the Civil Service
Board when requested to do so by the City Council or City Manager,
to classify, and when necessary re-classify, in accordance with the
duties of the department, all subordinate positions in all
departments affected by this amendment consisting of ten (10) or
more employees in subordinate positions. Such classification or
re-classification must be prepared in writing and a copy thereof
submitted to the City .
Council for approval or rejection. The City Council shall fix the
date that such classification or re-classification shall take
effect. A copy of such recommended classification or
re-classification shall also be furnished by the Civil Service
Board to the City Manager and the head of the department affected.
(Amended April 21, 1941).
Lay Off or Demotion and Temporary Promotion of Employees in
Subordinate Positions
Section (217b) 10b. In any department
a4~ea~lme~ having ten (10) or more .employees in subordinate
positions, the authority having the appointive power, 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
83
in the department or classification affected. 'The young~st man in
~ ~ person with the least seniority in each department or
classification affected shall be the first ma~ person 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 ma~ person in a lower classification holding less seniority. A
displaced or demoted subordinate officer or employee while working
in a lower classification shall receive 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 the appointive power in departments affected by
this Amendmeht, 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
84
greatest amount of seniority. Such temporary promotions shall in
any case not exceed one hundred twenty (120) working days. ~
(Technical, non-substantive revisions.)
(Delete. Covered in revision to Section 163.)
Slnch decision shall not mffect *~_.._ validity ~_ *~.._ remaining
sections of this Amendment.
(Delete. Covered in revision to Section 162.)
(Delete, unnecessary. Relates to 1931
amendment. )
85
CIVIL SERVICE FOR THE POLICE
DEPARTMENT OF THE CITY OF
BAKERSFIELD
(Amendment to the Charter of April 6, 1931)
Appointment and Removal of Commissioners (This section was amended
in 1984--this is old language.)
Section (221) 1. Within sixty (60) days after the ratification
of amendment, the City Council shall appoint as members of a civil
Service Board three residents of the City to be known as Civil
Service Commissioners, who shall otherwise have no connection with
the City government. At the time of said appointment, the City
Council shall designate one of the citizens, so appointed, to serve
for a term which shall expire on December thirty-first of the
calendar year following appointment, one for a term which shall
expire on December thirty-first of the third calendar year
following said appointment, and one for a term which shall expire
December thirty-first of the fifth calendar year following said
appointment. At the expiration of each of the terms so provided for
and thereafter, a successor shall be appointed for a term of six
years. Vacancies on the Civil Service Board, from whatever cause,
86
shall be filled by the city Council by appointment of a successor
for the unexpired term.
A commissioner may be removed from office in the~same manner
as are elective officers of the City and not otherwise.
Classified Civil Service
Section (222) 2. The Commissioners shall classify, in
accordance with the duties of the Department, all positions in the
Police Department of the City. The Commissioners may grade and from
time to time may regrade the positions governed by any class in
accordance with salaries and duties, to the end that the like
salaries shall be paid for like duties. New positions when created
shall be classified, grade and filled in accordance with these
provisions. Before any new Position is created by the head
of the Police Department, he or she shall secure from the civil
Service Commission the proper designation of 'suCh position and the
title of such position shall correspond with the classification
adopted in accordance with the provisions of this section. Any
classification or grading may be amended or abolished by the
Commission and classes calling for similar qualifications may be
consolidated, but persons who have been appointed from any such
class shall retain any position lawfully held thereunder, so long
as such position is maintained, unless removed or otherwise
provided herein.**
S__7
Rules of Commissioners
Section (223) 3. The Commissioners shall m~ke formulate rules
to carry out the preposition~_ cf thi= article and for ey. aminatiens,
~; ~+;~ ~11l ~ ~ll ~111~ =n; .ll ~ ..... +~;..~sll ~ kept ;~
and regulations qoverninq the selection, promotion and disciplinn
of employees in the Department, which rules shall, to the extent.
deemed feasible by said Board, be consistent with such rules of thn
other two Civil Service Boards. All officers and personnel shall
belonq to the classified se~ice and shall be appointed and
promoted for no other grounds and for no other reason than their
fitness for the position to be filled.
(Amendment conforms this section to Section
~85.)
Examination of Applicants
Section (224) 4. Ail applicants for places on the Police
Department or for promotion, shall be subjected to examination,
which shall'be public, competitive, and free. Such examinations
shall be practical in their character, and shall relate to those
matters only which will fairly test the relative capacity of the
person examined to discharge the duties of the position to which
they seek to be appointed. No member of such Board shall sit as a
8--8
member of the ratings panel for any oral examination. Every
appointee to the Police Department., at the time of his appointment,
must pass the physical tests prescribed by the civil Service
(City physical tests, which are job related,
are not oomparable to Army tests.)
(Delete as unnecessary; covered by federal and
state regulations.)
(Delete. Cover by rules.)
89
(Delete. Cover by rules.)
standing highest ,,p~ ~ .... 4~ ~ ~ ~ ..... grade ~ .... h;~h
(Delete and cover by rules.)
9--0
&ppointments on Probation, Conditions of Discharge, Temporary
Appointments
Section (228) 8. The Chief of Police shall notify the
Commissioners of each position to be filled, separately, and shall
fill such positions by appointment of one of the persons certified
to him by the Commissioners therefore. £uch Each ~
appointee shall be on probation for a period to be fixed by the
rules of the Commissioners; such rules shall not fix such period
~. ..... ~.M in excess of one year. The Commissioners may strike
off names of candidates from the register of eligible candidates
if they have remained thereon more than one year. At or before the
expiration of the period of probation the Chief of Police may
discharge a candidate. ,,p ...... g-~g ~ · '
therefer te the Cem~issieners. If a candidate is not discharged at
or before the expiration of the period of probation his appointment
shall be deemed complete. To prevent the stoppage of public
business or to meet emergencies, including the absence of any
officer or member of the department, the Chief of Police may, with
the approval of the Commissioners, make temporary appointments to
remain in force not exceeding sixty days, and only until regular
appointments under the provisions of this article clan be made.
(Amended ~' ..... ~ 9 1~70)
(Delete. May call for more complete reason
than than failure to complete probationary
period to the satisfaction of the Chief.)
91
Appointment of Chief of Police
Section (229) 9. The Chief of Police shall be appointed by
the City Manager from among the members of the Bakersfield Police
Department from a list of three eligible candidates, which list
shall be furnished to the City Manager by the. COmmissioners not
later than forty days after a vacancy in the office of the Chief
of Police shall occur; after appointment the Chief of Police shall
be removed from office or reduced in rank only as provided in this
article.
In case of the removal, demotion, resignation, or death of
the Chief of Police, the City Manager may, with the approval of
the Commissioners, make a temporary appointment of Chief of Police,
said appointment to remain in force not exceeding sixty days, and
only until a regular appointment may be made under the
provisions of this article.
In case of the temporary absence or disability of the Chief
of Police, the City Manager shall appoint an Assistant Chief of
Police to become acting Chief of Police during the period of such
absence or disability. (Amended March 9, 1948).
Promotions: Qualifications for Promotion
Section (230) 10. The Commissioners shall provide for
promotion in the Department on the basis of ascertained merit and
standing vacancies shall be filled by promotion. All examination
92
for promotion shall be competitive among such members of the
Department, as established by the Commissioners, as desire to
submit themselves to such examination. The Commissioners shall
submit to the appointing power the names of not exceeding three
applicants having the highest rating for each promotion.
No member of the Police Department shall be eligible for
promotion to any position other than'that of Chief of Police until
he shall have had three years of experience as a regular paid peace
officer, one year of which must have been Served in the Bakersfield
Police Department immediately preceding the date of his promotion.
No member of the Police Department shall be eligible for promotion
to the position of Chief of Police.until he shall have had five
years experience as a regularly paid
peace officer, three years of which must have been served in the·
Bakersfield Police Department immediately preceding the date of
his promotion.
Removal, Demotion or Discharge-Members of 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
93
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. Charges against any member of the
Department shall be filed with the Civil Service Commission and a
copy of such charges shall be filed with the authority having the
appointive power.
A correct 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 appointive power.
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.
94
The order or decision of the Civil Service Commission upon
such hearing shall be final and shall forthwith be enforced by the
appointive power.
Service upon the accused of copies of charges, notice of
hearings and rehearings, and all other notices and papers in
proceedings for removal, demotion or discharge, shall be by
personal service, except when the accused cannot be found in the
City of Bakersfield or when he is charged with absence from duty
without leave, in which case service may be made by depositing a
copy of such charges, notices or papers in the United States mail,
enclosed in a sealed envelope, registered, with postage prepaid,
addressed to the accused at his last place of residence as the same
is shown by the files of the Police Department; and failure of the
accused to receive such copies of charges, notices or papers shall
not affect the jurisdiction of the Civil Service Commission to
proceed. (Amended March 9, 1948).
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 filed with the Civil Service 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
95
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 shall 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~a~absence from duty without leaveT and violation
of any Civil Service or departmental rule or requlation. ~
9--6
(Delete and cover by rules.)
Secretary of the Commission
Section (235) 15. The Commissioners shall from time to time
designate one of their members as Secretary ,~.~ u=~ ~
Section (236) 16. The Superintendent of the Bureau of
~--~ ................................................. position of
Superintendent of the Bureau of Identification.
(Delete. We have no Bureau of
I4entificatlon. ) .
9--7
Pre--ent .".e~_r_- of De~_rt-_ent
Section (237) 17. To the end that there be no disrupticn in
shall
(Delete. This section addressed 1931
amendment and is no longer necessary.)
(Section 238 repealed November 5, 1968).
Limitation of Employment
Section (239) 19. A peace officer employed by the Police
Department may engage in outside employment, business, profession,
occupation, trade or calling, only if it is determined by the Chief
of Police, 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 a police officer, will not be
detrimental to the interests of the City and/or the Bakersfield
98
Police Department and will create neither a conflict interest a
potential conflict of interest nor the appearance of a conflict of
interest. Under no Circumstances shall a peace officer be allow,
to engage in more than 20 hours per calendar week in .outside
employment, business, profession, occupation, trade or calling. All
peace officers shall be available for duty at any time. (Amended
November 8, 1983).
(Delete. Unnecessary.)
cf th~-s .... ~
(Delete. To be covere4 by revision to Section
~z.)
9__9
....... ~" repcz!cd.
(Delete. Unnecessary.)
) '/.[ .!:::.i:: \..: :; The nomination papers and affidavits shall be substantially in the following
,*: .... ' " We, the undersigned voters of the. of_ ·hereby
.~ *,~ ..... nominate for the office of
¢. ~... .:
:~.,: :[ , : ..., ,',.,
"~' ~' *' ' ~
.~4,"..~. .. ·. ~ :..:...
· "t.:~.:' ' *', : AFFIDAVIT OF CIRCULATOR .' '"'~5~:.~ ,.:
~i'.".~ '. · , being duly sworn deposes and says: That he circulated the '~}:~:: ,f'
· .t ,,)..: :; foregoing petition and saw all the signatures appended thereto and thai to
. ,.~::~:; ·. , the best of his knowledge and belief they are the signatures of the persons
.{:~.:.. .... whose names they purport to be. The signatures were obtained /~?~:'/ '"'
· ' ' between 19_ and 19_.
~:";" (Sigm~lurc of circulalt~r)
,p'~;: , Subscribed and sworn to before me the~ " ...... : ' ......
Notary Public in and for the Counly
.,'~ :":: "' being duly sworn, says that lm is the above-named nominee ......~.....~. ·
· .,?:, ". for lhe office of that he will accept lhe o~ce in lhe event og his ·
"[('?'' election, that he desires his name to appear on the ballot as follows: '?'"'{"',"
',. ~ :,'; ~:},',: . ,, ..
x ~,,'. and that he desires the following designation to appear on the ballot under
. '~' ;t'. . :,~,..~:;
. . ".~-.".'. ..... ,'W.' ' i ~'.
~,'' ..... (Print desired designation above.) ..~. "': :'
· ;' "" Subscribed and sworn to before me the day of 19_.
,~?.:; Notary Public in and for the County of
. .'. , . ....~ . , .
,;{,~t..' . · .>~*~ ...'.'...;' ..* .,. ., . .[.~,. · .... .. . ~ ... . . . .'-
.'~{~.,.~'.~ ... : .. ,. ,. ., ,..,x:, "*" ' /"'"':'*' "'"'"" '}.8 ;"'.~
.~..,.:. ..'.* . * .,. : ' ,. ,;,;. ,...';,.. ;.., '.~' :;.~ '%~' ~.?~.'. '~ ~ . ., ·
MEMORANDUM
May 27, 1988
TO: COUNCILMEMBER JAMES H. CHILDS
SUBJECT: PERSONNEL COMMITTEE
You had requested a list of pending items before the Personnel
Committee. Other than the final report back on the Civil Service
Study and the May 25, 1988 assignment of Charter Review Committee
recommendations, all items have been reported out of Committee.
As part of the budgetary process, the Personnel Committee will be
asked to review position reclassifications and temporary emploYee
title changes that are in the proposed budget. The Civil Service
Commissions will also need to review these.
A draft of the Civil Service Study report is available for review. It
includes a summary of comments from the twelve groups that made
presentations at the Saturday sessions.
MLS.alb
Attachment
· cc: Honorable Mayor and City Councilmembers
PERSONNEL COMMITTEE
1987 - 1988
REPORT NO. DATE SUBJECT
1-87 02/04/87 Nepotism
2-87 02/11/87 City Attorney's Audit
3-87 02/25/87 Nepotism
4-87 03/25/87 Building Inspector Job Specifications
5-87 03/25/87 Reclassification of Battalion Chief to
Hazardous Materials Coordinator
6-87 04/22/87 Administrative Aide Job Specification Revision
7-87 04/22/87 Graphics Technician Job Specifications
8-87 06/25/87 Reclassification of City Attorney Investigator
9-87 09/09/87 City Attorney Investigator
10-87 10/21/87 Identification of Arrested Persons
11-8/ 11/U4/8l Job Specifications t:or Administrative lech.
1-88 12/22/87 5 Reclassifications
3-88 02/02/88 Civil Engineer IV Reinstatement
02/02/88 City Manager Recruitment
4-88 02/02/88 Economic Development Director Recruitment
02/02/88 Civil Service Study
02/09/88 Civil Service Study
02/09/88 Economic Development Director Recruitment
2-88 02/09/88 City Manager Recruitment
02/13/88 Civil Service Study
03/26/88 Civil Service Study
5-88 04/09/88 Civil Service Study
7-88 04/13/88 Attorney's Office Reclassifications
6-88 04/13/88 City Manager Recruitment
05/28/88 Charter Review Committee Recommendations
8-88 05/28/88 Civil Service Study Pending
MEMORANDUM
March 30, 1988
TO: THE PERSONNEL COMMITTEE
James H. Childs, Chair; Patricia DeMond; Mark C. Salvaggio
SUBJECT: INTERIM REPORT ON CITY MANAGER RECRUITMENT
The attached draft of a Personnel Committee Report is being sent to you
for your review and/or comments.
MLS:jp
Attachment
cc: Dale Hawley
DRAFT REPORT
PERSONNEL COMMITTEE
REPORT NO. 6-88
April 13, 1988
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: INTERIM REPORT ON CITY MANAGER RECRUITMENT
The Personnel Committee met again on March 26, 1988, to discuss
the recruitment process for the City Manager position, and it was decided to
start interviewing executive search firms. Based upon proposals received,
either a statewide or a nationwide search for a new City Manager will be
initiated.
The Committee will provide a~full report including selection
recommendations on the executive search firm next month. This is an
interim report to keep the Council informed. No action is required.
Respectfully submitted,
James H. Childs, Chair
Patricia DeMond
Mark C. Salvaggio
RPT.78:jp
MEMORANDUM
March 21, 1988
TO: Budget and Finance Committee
FROM: Arthur J. Saalfield ~
City Attorney
SUBJECT: Budgeting for 1) Additional Litigation Attorney
2) Additional Secretary (Litigation)
3) Proposed 5% Salary Differential
for Litigation Secretary
Reclassification
The above-matters were referred to the Budget and Finance
Committee in implementation of the recommendations set forth in
Litigation Committee Report 1-88, accepted by the Council at its
meeting of March 16, 1988. The Committee was directed to report
back to the Council on this matter within one month.
I hope that, with the information in this memorandum, the
Committee will be comfortable with reporting back to the Council
on March 30, 1988, the date of the Committee's and the Council's
next meeting. Should you have questions about information con-
tained, or not contained, in this memorandum, please contact me
prior to Wednesday, March 30, 1988, and I will try to have answers
to your questions ready by the time we meet.
The salary and benefits costs to implement the proposals for the
three positions total $10,903 for the period of May 15 through
June 30, 1988. The breakdown is as follows:
Step 1
1) New Assistant City Attorney $ 7,593.00
Litigation position
2) New Litigation Secretary position $ 3,044.00
3) Reclassification of Secretary II
to Litigation Secty. (5% salary $ 266.00
adjustment to be competitive in
the local legal market)
Total salary & benefit costs -- $ 10,903.00
Memo to Budget & Finance Committee
March 21, 1988
Page 2
Related equipment costs are as follows:
Attorney (desk, chair, telephone, $ 2,780.00
bookcase, etc.)
Secretary (CPT, telephone, desk, $ 3,475.00
chair, etc.) '
Total equipment costs -- $ 6,255.00
Total salary & benefit costs.-- 10,903.00
Total costs to fund the positions
from 5/15 through 6/30/88 -- $17,158.00
For fiscal year 1988-89, such costs are as follows:
Attorney position $65,805.00
New Litigation Secretary position 26,381.00
Reclassification of Secty. II 2,307.00
to Litigation Secretary
Total -- $94,493.00
By account transfers using surpluses in different expenditure
accounts, the Office can cover the costs of implementing the three
changes for the final three pay-periods this year. '(It is likely
that we will not be able to fill'the attorney position by June 30th;
however, if we can, we do have the necessary funds.) Our proposed
budget for 1988-89 includes the annual salary and benefit costs
for the three changes.
Additional organizational changes in the City Attorney's~Office
will be presented to the Council in the near future. However, the
impact of AB 3300 requires action now on the Litigation Attorney
and Litigation Secretary matters.
A note on the scope of committee review:
-- The referrals to committee from Litigation Committee
Report No. 1-88 were carefully worded to avoid the Brown
Act problems which would result from consideration of a
single issue outside of a public meeting by a quorum or
more of the Council.
Memo to Budget & Finance Committee
March 21, 1988
Page 3
-- The Litigation Committee, consistent with City Manager's
Report No. 2-88, was asked to review and has reported to
the Council on the staffing issue.
-- The classification/reclassification issues have been referred
to the Personnel Committee. ~
-- The budget and financing issue~ have been referred to the
Budget and Finance Committee.
This is not to say that either the Personnel Committee or the
Budget and Finance Committee are precluded from discussing the
merits of the proposed staffing requests. However, should the
members of either wish to do so, I ask that I be informed of this
at least two days before the Committee's next meeting in order
that we may meet the Brown Act's 24-hour requirement for posting
of an agenda and may give required notice to the media (special
meeting rules).
Main Hurdman Report
KMG Main Hurdman filed its Management and Operation Audit Final
Report with the City almost two years ago (July 1986). That
report contained many recommendations, some of which are relevant
to reorganization plans yet to be presented to the Council. Those
relevant to the matters now being considered by the Committee are
as follows:
1. "...the office should consider reclassifying the Legal
Secretary II positions to Secretary II, to more
adequately reflect the skills necessary" (page 68).
Response: Such recommendation fails to take into
account the need to recruit and retain experienced
and qualified legal and litigation secretaries.
(The recommendation was implemented by the prior
City Manager.) A copy of Judge Wallace's letter,
attached to Litigation Committee Report No. 1-88,
is attached for ready reference and contrast to
Main Hurdman's recommendation.
2. "Maintain a ratio of attorneys to clerical staff of
2:1" (page viii).
Response: With the addition of one litigation attorney
and one litigation secretary, the Office will have eight
attorneys and four secretaries. A check with defense
firms has established a ratio of 1:1 prevailing in the
local legal community, with senior litigators each often
having their own paralegal in addition to a secretary.
Memo to Budget & Finance Committee
March 21, 1988
Page 4
3. "Attorney staff - future increases contingent upon
workload analysis to determine number and area of res-
ponsibility'' (page ix).
Response: For six months or more after submission of
the Final Report, each attorney in the Office maintained
a daily log of activities ahd time. Such logs have not
been audited, nor is such action proposed at this time.
The fast-track litigation system now in place in our
Superior Court, not the workload of staff more than one
year ago, should be the determining factor.
AJS/meg
M.BF1
Attachment
cc: J. Dale Hawley/
Mary Strennt/
Sue Whitfield
Don McGillivray
THE SUPERIOR COURT Anlllun E. WALLACE
OF' 'rile ~TA'rI[ OF' CALIFORNIA Judge
IN AND FOR
COUNTY OF KERN
BAKERSFIELD, CALIFORNI.&.9.1301 C O J~Y.
C11'¥ AT 1Clliltl_:'l"S 01:I:ICE
February 17, 1988
Mr. Ken Peterson, Chairman
Bakersfield City Council
Litigation Committee
1501Truxtun Avenue
Bakersfield, CA 93301 :
Re: Assembly Bill 3300
Dear Mr. Peterson:
Recent legislative changes have mandated that Kern County adopt
and implement a program to accelerate civil litigation.
i..~...) Before implementation of AB 3300 on January 1, 1988, civil cases
could take five years from complaint filing to trial. Tile AB
3300 goal is to try each case in less than one year. 'Tile
litigation process will be accelerated drastically and will, to a
great extent, compact the time within which lawyers and their
staff must function.
The result of AB 3300 will be to dramatically increase pressure
on tile courts, trial lawyers and upon tile staff of both. A
premium will be placed upon qualified clerical staff members with
respect to calendaring, knowledge of trial procedures,and
preparation and ability to help tile lawyers meet deadlines ill
order to prevent mandated monetary sanctions built into tile
system. ..
Very truly yours,
ARTIIUR E, WALLACE
Judge of tile Superior,Court
AEW:lm
MEMORANDUM
March 21,' 1988
TO: Personnel Committee
Arthur J. Saalfield ~
FROM: City Attorney L~.~
SUBJECT: Creation of Litigation S6~retary Classification and
Reclassification of a Secretary II Position in the
City Attorney's Office to Litigation Secretary
(Referral by Council from Litigation Committee Report
No. 1-88).
The above-referral was made by the Council on 3/16/88. The
Committee was directed to report back to the Council within one
month. This memorandum is submitted at this time to provide the
Committee with background material and to facilitate a Committee
report on this matter for the Council meeting of 3/30/88. I would
appreciate your questions concerning these matters before 3/26 so
that all information necessary for you to report back to the
Council on 3/'30 is available to you on 3/26/88.
This Office's request for creation of a Litigation Secretary clas-
sification and for reclassification of one Secretary II position
to Litigation Secretary is a single, but extremely important,
component in a general'reorganization of this Office which will be
proposed in the near future. The pressures of the fast-track
trial system in the Kern County Superior Court, combined with the
Office's pending case-load, require that this classification/
reclassification request be addressed at this time, rather than
as part of the general reorganization.~~.~,~.,
Attached is a draft of specifications for the classification of
Litigation Secretary. As is evident from the "Examples of Duties"
portion, the classification is specifically designed to perform
litigation-related duties. The stated "Desirable Minimum Qualifi-
cations'' include at least two years' experience as a secretary in
a law office with significant experience in calendaring, preparing
and filing pleadings and related documents.
Prior to mid-December 1987, this Office had a qualified litigation
secretary who had been with the Office for more than seven years
and had learned necessary litigation secretary skills on the job.
Memo to Personnel Committee
March 21, 1988
Page 2
When that secretary left the City to open her own business, I con-
tacted the City's Personnel Division and reviewed the qualifica-
tions of those on the Secretary list. Not one of the top 3
candidates, nor to my recollection any other person on such list,
had law office experience. More importantly, none had litigation
secretarial experience. Were we to fill the vacated permanent
position, we would have to select fram the Secretary list and pick
someone with none of the necessary experience. As noted in the
letter from the Honorable Arthur E. Wallace to Councilperson
Peterson, attached to Litigation Committee Report No. 1-88, as a
result of AB 3300, "a premium will be placed upon qualified cleri-
cal staff members with respect to calendaring, knowledge of trial
procedures and preparation and ability to help the lawyers meet
deadlines ...... "
It was in this context that I decided to and did hire as a tempo-
rary employee (six-month maximum) a qualified Litigation Secretary.
Bottom-line: If this Office is going to have to hire permanent
litigation secretarial help from a list for Secretary, litigation
attorneys will have to be increasingly responsible for the details
of calendaring and attending to court deadlines, tasks more effi-
ciently assignable to qualified litigation secretaries, and such
attorneys will have less available time to attend to their primary
responsibilities. Creation of a Litigation Secretary classifica-
tion is essential to efficient and effective use of our litigation
attorneys.
Recommendation: I request that the Committee recommend to the
Council that the Council support creation of a Litigation
Secretary classification and the reclassification of one Secretary
II position in the City Attorney's Office to Litigation Secretary,
and that the Council refer these matters to the Civil Service
Board for Miscellaneous Departments for their approval.
A note on the scope of committee review:
-- The referrals to committee from Litigation Committee
Report No. 1-88 were carefully worded to avoid the Brown
Act problems which would result from consideration of a
single issue outside of a public meeting by a quorum or
more of the Council.
-- The Litigation Committee, consistent with City Manager's
Report No. 2-88, was asked to review and has reported to
the Council on the staffing issue.
Memo to Personnel Committee
March 21, 1988
Page 3
-- The classification/reclassification issues have been referred
to the Personnel Committee.
-- The budget and financing issues have been referred to the
Budget and Finance Committee.
This is not to say that either the Personnel Committee or the
Budget and Finance Committee are precluded from discussing the
merits of the proposed staffing requests. However, should the
members of either wish to do so, I ask that I be informed of this
at least two days before the Committee's next meeting in order
that we may meet the Brown Act's 24-hour requirement for posting
of an agenda and may give required notice to the media (special
meeting rules).
Main Hurdman Repor~
KMG Main ~urdman filed its Management and Operation Audit Final
Report with the City almost two years ago (July 1986). That
report contained many recommendations, some of which are relevant
to reorganization plans yet to be presented to the Council. Those
relevant to the matters now being considered by the Committee are
as follows:
1. "...the office should consider reclassifying the Legal
Secretary II positions to Secretary II, to more
adequately reflect the skills necessary" (page 68).
Response: Such recommendation fails to take into
account the need to recruit and retain experienced
and qualified legal and litigation secretaries.
(The recommendation was implemented by the prior
City Manager.) A copy of Judge Wallace's letter,
attached to Litigation Committee Report No. 1-88,
is attached for ready reference and contrast~to
Main Hurdman's recommendation.
2. "Maintain a ratio of attorneys to clerical staff of
2:1" (page viii).
Response: With the addition of one litigation attorney
and one litigation secretary, the Office will have eight
attorneys and four secretaries. A check with defense
firms has established a ratio of 1:1 prevailing in the
local legal community, with senior litigators each often
having their own paralegal in addition to a secretary.
Memo to Personnel Committee
March 21, 1988
Page 4
3. "Attorney staff - future increases contingent upon
workload analysis to determine number and area of res-
ponsibility'' (page ix).
Response: For six months o~ more after submission of
the Final Report, each attorney in the Office maintained
a daily log of activities and time. Such logs have not
been audited, nor is such action proposed at this time.
The fast-track litigation system now in place in our
Superior Court, not the workload of staff more than one
year ago, should be the determining factor.
AJS/meg
M.PERS1
Attachment
cc: J. Dale Hawley
Mary Strenn V
Sue Whitfield
Don McGillivray
CLASS TITLE: 'LITIGATION SECRETARY
CLASS CHARACTERISTICS:
Is familiar with and, with minimal supervision by an attorney,
drafts complaints, answers, demurrers, pleadings and law and
motion documents, and performs other complex clerical and secre-
tarial work involving considerable knowledge of legal and court
procedures; transcribes dictaphone tapes rapidly and accurately,
maintains calendar of filing deadlines and keeps attorneys
apprised of same; performs other work as required.
EXAMPLES OF DUTIES:
Preparation of full range of documents related to litigation;
assists attorneys in less complicated and less technical research,
document control and analysis for litigation;, remains currently
informed on filing and serving time limits; calendars appointments;
cou~t appearances and document preparation and filing deadlines
for attorneys; keeps attorneys apprised of filing time limits;
assists in the maintenance of documents, correspondence and liti-
gation files; receives visitors and telephone calls and deals with
routille u[~ice matters independently; composes letters,
memoranda and official documents; files and indexes various stan-
dard, legal and litigation records and documents; maintains
confidential files; prepares claim and expense vouchers.
DESIRABLE MINIMUM QUALIFICATIONS:
Training and_~x_perience: Graduation~from high school or attain-
ment of a satisfactory score on a G.E.D. test, including or
supplemented by secretarial or business school training, and four
years of secretarial experience, including two years experience
handling primarily litigation-related secretarial duties in a law
office.
Knowledge, Abilities and Skills: Considerable knowledge of busi-
ness English and legal terminology; considerable knowledge of
legal forms, methods and procedures; experience in preparation of
all commonly used pleading forms and documents; knowledge of, and
recent experience in complying with, statutory deadlines for
responding to and/or filing pleading documents; considerable
experience in operating word processing equipment; familiarity
with typical law office procedures.
CLASS TITLE: LITIGATION SECRETARY
Page 2
Ability to draft typical pleadings and other legal documents;
ability to communicate effectively with attorneys; ability to
organize time and adjust priorities in response to external
pressures; a high degree of general secretarial aptitude and
intelligence.
Salary: $
Approved by the City Council:
AJS/meg
LITCLASS1
3/21/88
~~,,~'~..~ THE SUPERIOR COURT AnTHUn ~. WALLACE
COPY
Telol)hO~te 1005) 8GI-2431
CITY ~ T I O~t~E Y'S OI~I~ICE
February 17, 1988
Mr. Ken Peterson, Chairman
Bakersfield City council
Litigation Committee
City llall
1501Truxtun Avenue
Bakersfield, CA 93301
Re: Assembly Bill 3300
Dear Mr. Peterson:
Recent legislative changes have mandated that Kern County adopt
and implement a program to accelerate civil litigation.
(....'i Before implementation of AB 3300 on January 1, 1988, civil cases
could take five years from complaint filing to trial. The AB
3300 goal ts to try each case tn less than one year. The
litigation process will be accelerated drastically and will, to a
great extent, compact the time within which lawyers and their
staff must function.
The result of AB 3300 will be to dramatically increase pressure
on the courts, trial lawyers and upon the staff of both. A
premium will be placed upon qualified clerical staff members with
respect to calendaring, knowledge of trial procedures,and
preparation and ability to help the lawyers meet deadlines in
order to prevent mandated monetary sanctions built into .the
system.
Very truly yours,
ARTItUR E. WALLACE
Judge of the Superior Court
AEW:lm
MEMORANDUM
March 21, 1988
TO: Personnel Committee
Arthur J. Saalfield '//~'~
FROM: City Attorney ~j./-~
SUBJECT: Creation of Litigation S~retary Classification and
Reclassification of a Secretary II Position in the
City Attorney's Office to Litigation Secretary
(Referral by Council from Litigation Committee Report
No. 1-88).
The above-referral was made by the Council on.3/16/88. The
Committee was directed to report back to the Council within one
month. This memorandum is submitted at this time to provide the
Committee with background material and to facilitate a Committee
report on this matter for the Council meeting of 3/30/88. I would
appreciate your questions concerning these matters before 3/26 so
that all information necessary for you to report back to the
Council on 3/30 is available to you on 3/26/88.
This Office's request for creation of a Litigation Secretary clas-
sification and for reclassification of one Secretary II position
to Litigation S~cretary is a single, but extremely important,
component in a general~reorganization of this Office which will be
proposed in the near future. 'The pressures of the fast-track
trial system in the Kern County Superior Court, combined with the
Office's pending case-load, require that this classification/
reclassification request be addressed at this time, rather than
as part of the general reorganization. ~
Attached is a draft of specifications for the classification of
Litigation Secretary. 'As is evident from the "Examples of Duties"
portion, the classification is specifically designed to perform
litigation-related duties. The stated "Desirable Minimum Qualifi-
cations" include at least two years' experience as a secretary in
a law office with significant experience in calendaring, preparing
and filing pleadings and related documents.
Prior to mid-December 1987, this Office had a qualified litigation
secretary who had been with the Office for more than seven years
and had learned necessary litigation secretary skills on the job.
~M~mo to Personnel Committee
March 21, 1988
Page 2
When that secretary left the City to open her own business, I con-
tacted the City's Personnel Division and reviewed the qualifica-
tions of those on the Secretary list. Not one of the top 3
candidates, nor to my recollection any other person on such list,
had law office experience. More importantly, none had litigation
secretarial experience. Were we to fill the vacated permanent
position, we would have to select fram the Secretary list and pick
someone with none of the necessary experience. As noted in the
letter from the Honorable Arthur E. Wallace to Councilperson
Peterson, attached to Litigation Committee Report No. 1-88, as a
result of AB 3300, "a premium will be placed upon qualified cleri-
cal staff members with respect to calendaring, knowledge of trial
procedures and preparation and ability to help the lawyers meet
deadlines ...... "
It was in this context that I decided'to"and did hire as a tempo-
rary employee (six-month maximum) a qualified Litigation Secretary.
Bottom-line: If this Office is going to have to hire permanent
litigation secretarial help from a list for Secretary, litigation
attorneys will have to be increasingly responsible for the details
of calendaring and attending to court deadlines, tasks more effi-
ciently assignable to qualified litigation secretaries, and such
attorneys will have less available time to attend to their primary
responsibilities. Creation of a Litigation Secretary classifica-
tion is essential to efficient and effective use of our litigation
attorneys.
Recommendation: I request that the Committee recommend to the
Council that the Council support creation 'of a Litigation
Secretary classification and the reclassification of one Secretary
II position in the City Attorney's Office to Litigation Secretary,
and that the Council refer these matters to the Civil Service
Board for Miscellaneous Departments for their approval.
A note on the scope of committee review:
-- The referrals to committee from Litigation Committee
Report No. 1-88 were carefully worded to avoid the Brown
Act problems which would result from consideration of a
single issue outside of a public meeting by a quorum or
more of the Council.
-- The Litigation Committee, consistent with City Manager's
Report No. 2-88, was asked to review and has reported to
the Council on the staffing issue.
~IMemo to Personnel Committee
''March 21, 1988
Page 3
-- The classification/reclassification issues have been referred
to the Personnel Committee.
-- The budget and financing issues have been referred to the
Budget and Finance Committee. ·
This is not to say that either the Personnel Committee or the
Budget and Finance Committee are precluded from discussing the
merits of the proposed staffing requests. However, should the
members of either wish to do so, I ask that I be informed of this
at least two days before the Committee's next meeting in order
that we may meet the Brown Act's 24-hour requirement for posting
of an agenda and.may give required notice to the media (special
meeting rules).
Main Hurdman Report
KMG Main Hurdman filed its Management and Operation Audit Final
Report with the City almost two years ago (July 1986). That
report contained many recommendations, some of which are relevant
to reorganization plans yet to be presented to the Council. Those
relevant to the matters now being considered by the Committee are
as follows:
1. "...the office should consider reclassifying the Legal
Secretary II positions to Secretary II, to more
adequately reflect the skills necessary" (page 68).
Response: Such recommendation fails to take into
account the need to recruit and retain experienced
and qualified legal and litigation secretaries.
(The recommendation was implemented by the prior
City Manager.) A copy of Judge Wallace's letter,
attached to Litigation Committee Report No. 1-88,
is attached for ready reference and contrast to
Main Hurdman's recommendation.
2. "Maintain a ratio of attorneys to clerical staff of
2:1" (page viii).
Response: With the addition of one litigation attorney
and one litigation secretary, the Office will have eight
attorneys and four secretaries. A check with defense
firms has established a ratio of 1:1 prevailing in the
local legal community, with senior litigators each often
having their own paralegal in addition to a secretary.
Memo to Personnel Committee
'March 21, 1988
Page 4
3. "Attorney staff - future increases contingent upon
workload'analysis to determine number and area of res-
ponsibility'' (page ix).
Response: For six months ok more after submission of
the Final Report, each attorney in the Office maintained
a daily log of activities and time. Such logs have not
been audited, nor is such action proposed at this time.
The fast-track litigation system now in place in our
Superior Court, not the workload of staff more than one
year ago, should be the determining factor.
AJS/meg
M.PERS1
Attachment
cc: J. Dale Hawley
Mary StrennL/
Sue Whitfield
Don McGillivray
CLASS TITLE: 'LITIGATION SECRETARY
CLASS CHARACTERISTICS:
Is familiar with and, with minimal supervision by an attorney,
drafts complaints, answers, demurrers, pleadings and law and
motion documents, and performs other complex clerical and secre-
tarial work involving considerable knowledge of legal and court
procedures; transcribes dictaphone tapes rapidly and accurately,
maintains calendar of filing deadlines and keeps attorneys
apprised of same; performs other work as required.
EXAMPLES OF DUTIES:
Preparation of full range of documents related to litigation;
assists attorneys in less complicated and less technical research,
document control and analysis for litigation; remains curr~ently
informed on filing and serving time limits; calendars appointments;
court appearances and document preparation and filing deadlines
for attorneys; keeps attorneys apprised of filing time limits;
assists in the maintenance of documents, correspondence and liti-
gation files; receives visitors and telephone calls and deals with
routine office matters independently; composes letters, reports,
memoranda and official documents; files and indexes various stan-
dard, legal and litigation records and documents; maintains
confidential files; prepares claim and expense vouchers.
DESIRABLE MINIMUM QUALIFICATIONS:
Training and Experience: Graduation.from high school or attain-
ment of a satisfactory score on a G.E.D. test, including or
supplemented by secretarial or business school training, and four
'years of secretarial experience, including two years experience
handling primarily litigation-related secretarial duties in a law
office.
Knowledge, Abilities and Skills: Considerable knowledge of busi-
ness English and legal terminology; considerable knowledge of
legal forms, methods and procedures; experience in preparation of~
all commonly used pleading forms and documents; knowledge of, and
recent experience in complying with, statutory deadlines for
responding to and/or filing pleading documents; considerable
experience in operating word processing equipment; familiarity
with typical law office procedures.
CLASS TITLE: LITIGATION SECRETARY
Page 2
Ability to draft typical pleadings and other legal documents;
ability to communicate effectively with attorneys; ability to
organize time and adjust priorities in response to external
pressures; a high degree of general secretarial aptitude and
intelligence.
Salary: $
Approved by the City Council:
AJS/meg
LITCLASSi
3/21/88
-,~'~-'~-~,~..~ T H E $ U P E: R I O R C O U R T ~R~HUR E. WALLACE
OF THE ~ATE OF CALIFORNIA Judge
IN AND FOR THE
~ . COUN~ OF KERN
~" ", BAKERSFIELD, CALIFORHI~-9330'I COPY
· I
Telol)ho,o (OOG) 861-2431
Cli'T A [ I O~r~E ~'S OFFICE
February 17, 1988
Mr. Ken Peterson, Chairman ~
Bakersfield City Council
Litigation Committee
City Ilall
1501Truxtun Avenue
Bakersfield, CA 93301
Re: Assembly Bill 3300
Dear Hr. Peterson:
Recent legislative changes have mandated that Kern County adopt
and Implement a program to accelerate civil litigation.
Before implementation of AB 3300 on January 1, 1988, civil cases
could take five years from complaint filing to trial. Tile AB
3300 goal ts to try each case tn less than one year. The
litigation process will be accelerated drastically and will, to a
great extent, compact the time within which lawyers and their
staff must function.
The result of AB 3300 will be to dramatically increase pressure
on the courts, trial lawyers and upon the staff of both. A
premium will be placed upon qualified clerical staff members with
respect to calendaring, knowledge of trial procedures-and
preparation and ability to help the lawyers meet deadlines in
order to prevent mandated monetary sanctions built into the
system.
Very truly yours,
ARTHUR E. WALLACE
Judge of the Superior Court
AEW:lm