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HomeMy WebLinkAboutRES NO 74-80 RESOLUTION ~:,'O. 7"4-80 RESCINDED AT SPECIAL MEETING OF 11-25-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIEI.,D CALLING A SPECIAL MUNiCiPAL ELECT_[ON FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CHARTER OF THE CITY OF BAKERSFIELDs. AND PROVIDING .FOR THE CONSOroIDATION OF SAID ELECTION WITH THE GENEP~L MUNiCiPAL ELECTION TO BE HELD ON MARCH '3, 1981. WHEREAS, by separate resolution of the Council, the General Municipal Election is also called for March 3, 1981, and it is desired to consolidate such election with the Special Municipal Election for the purFose of submitting to the electors of the City amendments to the Charter of the.City of Bakersfield; and WHEREAS, through said election hereby called, the CounCil of the. City of Bakersfield proposes to submit various amendments (including repeal of certain sections, to the Charter) in the manner set forth in Chapter 2, Division 2 of Title 4 (commencing with Section 34450) of the Government Code of the State of Ca!i~ornia, at a Special Municipal Election as aforesaid; and WHEREAS, the Charter amendments so proposed to be sub- mitted are as follows: I (MEASURE "A") A. That Section 2 of the Bakersfield City Charter be amended to read as follows: Boundaries of the City of Bakersfield Section 2. The boundaries of the City of Bakersfield shall be as established'from time to time by ordinance. B. That Section 3 of the Bakersfield City Charter be amended to read as fellows: Ward DiviSions Section 3. The City of ~akersfield shall be divided into seven political subdivisions which shall be knovm as wards and shall be established by ordinance and altered from time to time to reflect as nearly as possible equal population.. \ C. That Sections 4 throngh 10 of the City Charter, describ- ing each of the seven wards, be repealed. D. That Section 11.1 of the City Charter be amended to read as follows: 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 popu- lation 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. E. Measure "A~' as it shall appear. on 'the ballot is as follows: MEASURE "A" Shal~ Sections 2, 3, and 11.1 of the.City Charter be amended and Sections 4 through I1 be repealed to remove outdated boundary descrip- tions of the seven wards of the City and provide for establishment of such ward boundaries by ordinance, consistent with the Constitutio~ and California law? YES NO II (MEASURE "B") A. That Section 15 of the City Charter be amended to read as follows: Section '15. Term of Office Councilmen shall be elected for a term of four years and shall serve until their successors are elected or appointed and have qualified. B. That section 17 of the City Charter be amended to read as follows: .~ 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 intereste~ 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 in so far as necessary in the perfor- mance 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. That Section 19 of the City Charter be amended ~o read as Co follows: Meetings of the Council --I 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. Thereafter, the Council shall meet at such times as may be prescribed by ordinance or resolution. 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 no other subjects shall be there considered. All 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. .. D. That subsection (f) of SecLion 26 of the City Charter be amended to read as follows: ~ayor and.' Vice-Mayor of_Council (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. E. That Section. 20.1 of the City Charter, relating to the election of the first Mayor, be repealed. That Section 43 of the City Charter be amended to read as follows: 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 a~y such annexation has been accomplished, be deemed and construed to have been within the City. Appointive officers, police officers and 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 cOmmis-~ion 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. G. Measure "B" as it shall appear on the ballot is as follows: MEASURE "B" Shall Sections 15, 17, 19, 20(f) and 43 of the City Charter be amended and Section 20.1 repealed~ deleting the surplusage re].ating to the terms of the first City Council and Mayor to take office; to eliminate the unconstitu- tional residency requirement for election of Council members and Mayor; to provide for meetings of the Council at times set by ordinance; to add the Mayor as an efficer empowered to call special. meetings of the Council and to make U· S. citizenship eligibility requirements for City. officers and employees consistent with the Constitution? YES NO III (MEASURE "C") A. That Section 44 of the City Charter, relating to the oath of office, be repealed. B. That SectiOn 46 of the City Charter, relating to restric- tions upon officers by state law, be repealed. C. That Section 47 of the City Charter, relating to a day of rest each week,. be repealed. D. Measure "C" as it shall appear on the ballot is as follows: MEASURE "C" Shall Sections 44, 46 and 47 of the City Charter be repealed, deleting the oath of office which differs from the specific oath required by. the California Constitution; deleting the unnecessary provision regarding applicability of certain state statutes to officers of the City and deleting a provision relating to hours of work otherwise fully covered by law? YES NO IV (MEASURE,:D~,} .. A. That Section 54 of the City Charterz relating to the role of the City Council as a Board of Equalization~ be repealed. B. That Section 56 of the City Charter, relating to tax levy limit, be repealed. C...Meaure "D" as it shall appear On the ballot is as follows: MEASURE "D" Shall Sections 54 and 56 of the City Charter be repealed to make the annual equalization of YES real property assessments consistent with present law and practice under which the City transferred to the County of Kern the Council's duty to sit as a Board of Equalization and to make the authority of the Council to make a tax levy consistent with the constitutional amendment accomplished by NO Proposition 137 follows: V (MEASURE "E") That Section 68 of the City Charter be amended to read as Condition of Candidacy' Section 68. The candidate, not later than the first pre- sentation to the Clerk of his petition of nomination, and not earlier than thirty days before such presentation, shall file with the City Clerk a declaration of his candidacy, in a form specified by ordinance adopted by the City Council or, if no ordinance has been adopted by the City Council, in a form in accordance with the provisions.'0f'the E].ections Code of the State of California pertain- ing to Municipal Elections. B. That Section 69 of the City Charter be amended to read as follows: Form of Nomination Petition Section 69. The petition for' nomiria't. icn shall consist of not less than t~enty-five nor more than fifty individual certi- ficates, which shall be in a form specified by ordinance adopted by the City Council or, if no ordinance has been adopted by the City Council, in a form in accordance with the provisions of the Elections Code of the State of California pertaj. ning to Municipal Elections. CO follows: Measure "E" as it shall appear on the ballot is as MEASURE "E" Shall Sections 68 and 69 of the City Charter YES be amended to provide for declaration of candidacy and petition for nomination for elective office on forms specified by ordinance or the State Elections Code, thus deleting wordy forms contained in the NO Charter? VI (MEASURE "F") A. That Section 109 of the City Charter relating to control and fixing of rates of public 'utilities by the Railroad Commission, be repealed. B. That Section 113.9 of the City Charter, relating to appli- cability of Section 109 to public transportation facilities owned by the City, be repealed. ' C. That Section 113.10 of the City Charter, relating to incur- ring of bonded indebtedness to acquire or improve public transporta- tion facilities, be repealed. D. Measure "F" as it shall appear on the ballot is as follows; ~EASURE "F" Shall Sections 109, 113~9 and. ll3.10 of the City Charter be repealed to remove Unnecessary YES provisions relating to the jurisdiction of the Public Utilities Commission. and toincnrring of bonded indebtedness, subjects covered by NO state law? VII (MEASURE "G") A. That Section 142 of the City Charter, relating to hours and minimum wages, be repealed. B. That Section 144 of the City Charter, relating to employ- ment of citizens of the City, be repealed. .C. Meaure "G" as it appears on the ballot is as follows: MEASURE "G" Shall Sections 142 and 144 of the City Charter be repealed to eliminate provisions for mini.mum w~ges, limiting hours and conditions of employment for City employees, which have been pre-empted by federal and state.law? YES NO VIII (MEASURE "H") A. That'Article XI of the City Charter consisting of Sections 145 through 155, relating to the jurisdiction of the City over public schools, be repealed. B. That Measure "H" as it shall appear on the ballot is as follows: ~ MEASURE "H" Shall Article XI of the City Charter be repealed to remove obsolete provisions pertain- YES ing to the control and management by a City Board of Education over public schools in the Bakersfield School District; which are no longer NO under the jurisaiction of the City. IX (MEASURE "I") A. That Sections (183)1 through (242)22 of the City Charter, relating to the establishment of separate civil service commissions and civil service systems for each of the Fire Department, Miscel- laneous Departments and Police Departments, be repealed. B. That a new Article XIII be added to the City Charter to .read as follows: ARTICLE XIII CIVIL SERVICE FOR OFFICERS AND EMPLOYEES OF THE 'CITY OF BAKERSFIELD Employees Subject to Civil Service Section 1. There. is hereby created and established Civil Service for 'all offficers and employees of the City of Bakersfield, excepting elective officers, the City.Manager, and members of all boards, committees and commissions, which shall be known and desig- nated as "Civil Service for Officers and Employees of the City of Bakersfield." Civil Service Commission; Creation and Term of Office Section 2. There is hereby created, Subject to the pro- visions of this Article, a Civil Service Commission of the City of Bakersfield, which shall be composed of seven members, none of whom shall hold any other public office, place or position of employment with the City of Bakersfield and who shall be residents and electors of the City. Whenever the word "Commission" is used herein, it shall mean the Civil Service Commission. Each of the seven City 'Councilmembers shall appoint one person to serve as a member of such Commission for a term of four years, except for the term of the first Commission to take office after adoption and ratification of this Article. In the case of the first Cowmission to take office after the adoption and ratification of this Article~ three members shall hold office for two years and four members shall hold office for four years, such members' term to coincide with the remainin9 term, at the time of adopti~ of this Article, lof the Councilmember making the appointment. At the expiration of each of the terms of the Commission members, successors shall be filled by the Council- member representing the ward of the original appointment. Vacancies on the Commission from whatever cause shall be filled for the remain- ing term in the same manner. No member may be appointed to the Commission for more than two (2) full terms. Members of the Civil Service Commission may be removed from office in the same manner as are elective officers of the City of Bakersfield or any member of such Commission may be removed by a majority of the City Council for incompetency, incompatibilty or dereliction of duty or malfeasance in office or other good cause provided no member of .the Commission shall be removed until charges have been preferred in writing, due notice given and a full hearing had before the City Council. Four members shallconstitute a quorum, and the votes of any four members of the Commission shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the Commission under or by virtue of the provisions'of the article. Appointment of Chairman and Secretary of the Civil Service Commission Section 3. Immediately after their appointment, the Commission shall elect one of its members chairman, to serve in such.capacity for one year, and shall. hold regular meetings at least once every sixty (60) days, and may hold such additional meetings as may be required in the discharge of their duties. The 10. City Manager shall provide a secretary for the Civil Service Con~mission who shall be respol~sible for pr~>viding clerical and secretarial services to the Conkmission. The secretary assigned to the Commission shall keep the records of tile Commission, preserve all reports made to. or by it, and perform such other duties as the Commission may prescribe. Du___ties of the Civil Service Coi~ission Section 4. It shall be the duty of the Civil Service Conm~ission: a. To formulate and adopt suitable rules and regulations, not inconsistent with this Article, which shall provide the manner in which examinations may be held and appointments, promotions,- transfers, reinstatements, demotions,. suspensions and d. ischarges shall be made for all Civil Service officers and employees of the City. The Commission shall also formulate rules and regul~ti0ns governing the procedure and conduct of trials for suspensions of.more than thirty (30) days, demotions and discharges of officers and employees affected by Civil Service. The Commission may adopt such other rules and regulations it may consider desirab3. e to further carry out the general purposes of this Article. Such rules and regulations may be changed from time tO time. b. To hold examinations and to administer other suitable tests to applicants for positions in the several departments affected by Civil Service for the purpose of determining their fitness for such positions. Examinations of all candidates shall relate to those matters which fairly determine the relative capacity and ability of the persons examined to discharge the duties of the positions to which they seek appointment or promotion. When, in the opinion of the appointive power, a medical examination is desirable as a prerequisite for employment,.he may require such examina- tion by a City physician. 11. A_~ointments Section 5. Whenever a position within a department affected-by this Article is to be filled, with the exception of department heads, and no eligibility list exists, the department head shall notify the Commission of that fact. Whenever a position of department head is to be filled, except City Attorney, the City Manager shall notify the Commission of that fact. All officers, except the City Attorney, subordinate officers and employees in the several departments affected by this Article shall be chosen from a list of eligibles furnished by the Commission to the appointive power after notification that a position is to be filled, and shall contain the names of all candidates who attained a passing grade in the examination, in the order of their relative standing. If, in the opinion of the Civil Service Commission, any' of said candidates become ineligible,or secured a position on the eligible list by fraud, concealment of facts, or violated any of the rules of the Commission, the Commission shall strike his name from the list and advise the appointive power of such action. The appointment must be made from the three (3) highest eligibles on the eligible list at the time of appointment. Any person carried on the elig~b!e list for a period of two (2) years without being appointed or promoted shall be dropped from said eligible list and shall not be eligible for appointment or promotion without re-examination. All officers affected by this Article shall be appointed by the authority having appointive power, as provided by the City Charter. All subordinate officers and employees in the several departments affected by this Article, except the City Attorney's Department, Sh~ll be appointed by the head of ~h~ department in which the vacancy occurs, with the approval of the City Manager. Appoint-. ment of subordinate cfficers a~d ~m~.~ic~ees iz~ the City Attorn~y's Department shall be made by the City Attorney. Probation Period Section 6o Appointment or promotion to employment or rank for positions affected by this Article shall not be deemed -complete until a perj.od of probation has been successfully com- pleted. Should appointee fail to complete the promotional proba- tion period, they shall be returned to their former permanent position. Other appointees who fail to successfully complete the probationary period shall be terminated. Police Department (safety personnel) at the entrance level shall serve a probationary period of eighteen (18) months. Fire Department (safety personnel) at the entrance level and manage- ment personnel shall serve a probationary period of twelve (12) months. All other probationary periods for both entrance and promotion shall be six (6) months. Suspensions and Removals Section 7. Except as otherwise provided in this Charter, an.officer or employee holding a permanent position affected by this Article may be suspended from duty for cause, without pay, by the appointing authority up to a maximum of thirty (30) days without a right of hearing before the Civil Service Commission. Any suspension from a permanent position in excess of the maximum thirty (30) days, or any demotion or dismissal from a permanent position for malfeasance, misconduct, incompetence, inefficiency, or for failure to perform the duties of his .position or to observe the established ~ules and regulations in 'relation thereto, or to cooperate reasonably with his superiors or fellow employees shall be subject to the right to a hearing before the Civil Service Commissionin the manner set forth herein. An officer or employee having the right to a hearing before the Civil Service Commission who is suspended, demoted or dismissed 13. shall be given in writing the reasons for his suspension, demotion or removal. He shall be allo~,ed ten ~16) days for answering the same in writing and may demand a public or closed hearing upon the charges before the Co~Lmission, such hearing to be held in accordance with procedures established therefor. The answer and demand must be filed with the Commission and the authority having the appointive power. Failure to answer the charges within ten (10) days shall be held an admission of the charges and a waiver of the hearing; whereupon the Commission shall find the accused guilty as charged, and' demote, remove, discharge or suspend the accused. Hearings may be conducted informally and the technical rules of evidence need not apply, but the officer or employee whose suspension, demotion or dismissal is sought may be heard in person, be permitted to be represented by counsel and to produce testimony in his own behalf. The Commission may employ a hearing officer to hear the appeal~ and, if so, the Commission shall not participate in the hearing. The Commission may also appoint a Hearing Officer to preside over the proceedings and to rule on the admissibility of evidence, but such Hearing Officer shall not participate in the decision' of the Commis- sion. The Commission may adopt further rules and regulations for the conduct of such hearings, not inconsistent with the provisions of this Article. The decision Of a majority of the Civil Service Commission, if they hear the appeal, or the 'appointed hearing officer, if he hears the appeal without the Co~ission~ shall be final. Any action or proceeding to determine the validity of the decision shall be commenced in a court of'competent jurisdiction within thirty (30) days after the date of mailing notice of the decision to the parties. Service of Charges Section 8. When a person is charged with absence from duty without leave or is charged with any other violation under this section, and such person cannot be.found in the City of Bakersfield, service of a copy of the charges against said accused' may be made by depositing a copy of such charges in the United States mail enclosed 14. in a pealed envelope, registered, with postage prepaid, addre. ssed to the accused at his last place of residence as the same is shown by the files of the department in which said accused was employed; and failure of the accused to receive such c6pies of charges, shall not affect the jurisdiction of the Civil Service Commission to proceed. Classification of Employees in Subordinate Positions Section 9. It shall be the duty of the Civil Service "Con~ission, when .requested to do so by'the City Manager or the department head to classify, and when necessary re-classify, in accordance with the duties of the department, all subordinate posi- tions in all departments affected by this Article. Lay Off or Demotion and Temporary Promotion Of Employees in Subordinate Positions Section 10. In any department affected by this' Article, 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 Qf a classification because of lack of work or shortage of funds. Lay offs and demotions shall be made according to seniority of service with the City of Bakersfield in the department or classi- fication affected.. The youngest man in point of seniority in each department or classification affected shall be the first man to be demoted or laid off. When two (2) 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 ~em6~d of the Civil Servi~e ratii~g'attained-priorto said lay o~f 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 15. by an officer or employee in a ~igher classification with greater seniority in the department. The subordinate officer or employe~ so displaced may in turn displace a man in a lower classification. A displaced or demoted subordinate officer or employee, while working in'a lower classification~ shall receive the rate of pay estab!ished for the lower classification, it being the intention that all sub- ordinate officers or employees be paid ihe'.rate of pay established for the work or position assigned to them. The authority having the appointive power in departments affected by this Article, where the volume of work makes it necessary may temporarily promote any subordinate officer or employee to the next highest classification. Such temporary promotions shall in any case not exceed one hundred twenty (120) working days° Limitation of Employment Section 11. Employees of the City of Bakersfield shall not follow any other profession, trade, calline or business that will jeopardize or impair the performance of their duties. The heads of City departments shall define the limits for outside employment' and will be responsible for their enforcement. Present Incumbents to be Qualified and to Remain on Present' Positions Without Examination Section 12. To the end there be no disruption in the. present service, and that no undue hardship may be worked upon any officer or employee affected by this Article who shall have attained a certain position or rating.as a result of continuous and faithful service, all officers and employees affected by this Article shall be credited by the Civil Service Commission with a qualifying mark, bot~ mental and physical, to 'the position or-r~t~hg i~eld by them at the time of ratification of -this' Article. All rules and regulations for each department and/or .classification in existence at the time of adoption of this 16. ArtiCle shall remain effective until rules and recfu]ations are adopted by the Civil Service Commission pursuant to this Article. C0nstitutionalitl Section 13. If any. section, subsection, clause or phrase of this Article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this Article. Repeal of Conflicting Provisions Section 14. Any provision, section, clause or phrase of the Charter of the City of Bakersfield in conflict herewith is expressly repealed. C. Measure "I" as it shall appear on the ballot is as follows: MEASURE "I" Shall Sections (183)1 .through (242)22 of the City Charter be repealed and amended by adoption of a new Article XIII, to eliminate the separate, existing civil service commis- sions and provisions for civil service for the City Fire Department, Miscelleneous Departments and Police Department and to provide in lieu thereof for the creation of a single.civil service commission and provisions for civil service for all officers and employees of the City of Bakersfield excepting elective officers, the City Manager and members of boards, committees and commissions? YES NO NOW, THEREFORE, BE IT RESOLVED by the Council of the City ~6f~B~ker~'~l~ a~ follows: ................. ,I ~ 1. That a Special Municipal Election is hereby called to be held in the City Of Bakersfield on Tuesday, the 3d day of March, 1981, for the purpose of submitting to the electors ~f said City 17. the hereinbefore specified repeals and amendments to the City Charter. , "to 2. That the above-stated measures, "A" through "I, repeal and amend the various sections and articles 0fthe Charter of the City of Bakersfield are hereby submitted for placement on the ballot in proper form to be used at said election 3. That the election .hereby called, to-wit, the Special Municipal Election for the purpose of submitting to the electors of the City of Bakersfield the above-specified repeals and amendments to the City Charter is hereby consolidated with the General Munici- pal Election of members of the City Council from Wards 1, 3, 4 and 7 in the City of Bakersfield (referred to as the "General Municipal Election"), each scheduled to be held on Tuesday, March 3, 1981, respectively, in all precincts established in Wards 1, 3, 4 and 7. 4. That the County Clerk is requested to conduct the elections and is requested to provide within the territory affected by this order of consolidation, the election precincts, polling places and voting booths, which shall, in every case, be the same and there shall be only one set of election officers in each of the precincts for the Special Municipal Election hereby called and the General Municipal Election to be held on the same day, and that the offices in Wards 1, 3, 4 and 7 in the City of Bakersfield and the candidates th'erefor be set forth in each ballot to be used at said General Municipal Election insofar as the same is held within said territory affected by said order of consolidation. 5. .The County Clerk is hereby further authorized and requested to canvass the returns of said Special Municipal Election and said General Municipal Election with respect'to the votes cast in the City and to the votes cast for the offices of Councilman in Wards 1, 3, 4 and 7 of the City of Bakersfield' in said territory affected by the consolidation herein and to certify such canvass of the' votes so cast to this Council. 18. 6.- The City Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a co~y thereof so certified tc the County Clerk of Kern County. 7. That the polls shall be open in all precincts in the City from 7 A. M, 't0 8 P. M. 8. That the City Clerk shall give all notices and per- form all advertising as required by law and perform or cause to be performed all the duties and functions required. -o0o 19. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 19th day of November, 1980, by the following vote: AYES: COUNCILMEN /~,RTON, CHRISTENSEN, MEANS, MILLER, pAYNE, RATTY, STRO~NG ASSTAINING: COUi,4CILt~E-N: AS . C CLERK and Ex Officio Clerk of Council of the City of Bakersfield APPROVED as to form: the