Civil Service Ordinance

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Civil Service Ordinance

Post by Warmonkey » Thu Jul 03, 2014 2:27 pm

Civil Service Ordinance


Author: Kenneth Harrison, J.D.

0000000000


ORDINANCE NO. 025-JS
An Ordinance to regulate the civil service and related matters.
    THE PEOPLE OF THE CITY OF LOS SANTOS
    DO ORDAIN AS FOLLOWS:

    Section 1. Definitions.
    • “Chief of Staff” refers to the Office of the Chief of Staff or a similar office, usually that of the Deputy Mayor, which is immediately subordinate to the Mayor and is responsible for the employment and human resources related affairs of the City.
    • “Employee” includes "members" and "officers" and refers to a person who is employed by the City government.
    Sec 2. Applicability.
    • (A) This Ordinance shall apply to all employees of the City except those specifically exempted in (B), or by law or ordinance.
    • (B) Each of the following positions shall be exempt from this Ordinance –
      • (i) All elected officers;
      • (ii) All the chief administrative officers of the City’s departments and their immediate deputies; and
      • (iii) All the senior positions in the Mayor’s Office, including the Chief of Staff or Deputy Mayor, Press Secretary and General Counsel.
    • (C) The members of the independent City agencies, that is the Los Santos Police Department and the Los Santos Fire Department, and the independent state agencies, that is the San Andreas Sheriff's Department and the San Andreas Department of Corrections, shall also be exempt from this Ordinance.
    Sec 3. Employees of acquired public utilities.
    • All persons employed in the operating service of any public utility acquired by the City, who have been so employed for at least one year immediately prior to the date of the acquisition, must be employed by the City in their respective positions to the extent practicable.
    Sec 4. Civil service rules.
    • (A) The Chief of Staff shall promulgate civil service rules to carry out the purposes of this Ordinance in accordance with applicable law.
    • (B) All rules and any changes to those rules shall be made in writing.
    • (C) The Chief of Staff shall give notice by publication in the City’s newsletter as circulated in the City of Los Santos of the place or places where the rules may be obtained, and the date when the rules shall go into effect.
    • (D) The civil service rules shall provide for, among other subjects, applications or examinations, leaves of absence, transfers, temporary appointments, disciplinary hearings, layoffs, and procedures for the review and appeal of determinations.
    Sec 5. Applications and examinations.
    • (A) Positions in the civil service shall be filled through competitive applications or examination as determined by the Chief of Staff in consultation with the relevant chief administrative officers.
    • (B) Applicants shall be subject to review of experience and character and may be disqualified if it is determined specified requirements are not met.
    • (C) No limitation or restriction whatsoever shall be imposed, except to the extent permitted by applicable state or federal law in the departments of fire and police, fixing a maximum age in excess of which persons shall be deprived from applying or taking examinations for or being employed in the civil service. The provisions this Ordinance regarding discrimination on the basis of age shall not prohibit fixing a maximum age in the departments of fire and police if otherwise authorized by this section.
    Sec 6. Promotions.
    • (A) The Chief of Staff shall by its rules provide for promotions in the civil service on the basis of ascertained merit and seniority in service, and shall provide, in all cases where it is practicable, that vacancies shall be filled by promotion.
    • (B) Promotions may be determined through examination.
    Sec 7. Temporary appointments.
    • (A) Appointment. To prevent stoppage of public business or to meet extraordinary exigencies, any appointing authority may make temporary appointments to positions in accordance with civil service rules that the Chief of Staff shall prescribe.
    • (B) Termination. Any temporary appointment shall terminate immediately when a regular appointment can be made, unless the Chief of Staff finds that for a specified period it is necessary that the temporary employee remain to orient or train the new regular appointee.
    Sec 8. Reassignments.
    • (A) The relevant chief administrative officer may reassign in consultation with the other chief administrative officer any employee under his or her department if such employee fulfills the requirements of employment in the relevant department.
    • (B) The Chief of Staff must consent to such reassignment.
    Sec 9. Discharge or suspensions.
    • (A) Discharge or suspension for cause. The Chief of Staff, or the chief administrative officer having the power of appointment shall have the power to suspend or discharge any officer, member or employee of the office or department.
    • (B) No person in the civil service shall be discharged or suspended except for reasonable cause, which shall be stated in writing by the Chief of Staff, or the chief administrative officer having the power to make such discharge or suspension.
    • (C) Statement of cause. The written statement of cause shall be filed in the City’s Employment and Human Resources Database (E&HRD) of the Chief of Staff, with certification that a copy has been served upon the person so discharged or suspended. Upon filing, the discharge or suspension shall take effect.
    • (D) Application for hearing. Within five days of service of the written statement upon any person so discharged or suspended, the person may file a written application with the Chief of Staff in order to hold a hearing to investigate the grounds for the discharge or suspension. In the event that the person does not file an application, the Chief of Staff may, but is not required to, within 15 days after the filing of the written statement, determine to hold a hearing to investigate the grounds for the discharge or suspension.
    • (E) Reinstatement; restoration. If, after investigation and hearing as required by law is held, the Chief of Staff finds, in writing, that the grounds stated for the discharge or suspension were insufficient or were not sustained, the Chief of Staff shall order the person to be reinstated or restored to duty.
    • (F) With the consent of the appointing authority, the Chief of Staff may also reduce the length of the suspension, or may substitute suspension for discharge, if the Chief of Staff makes a written finding that such action is warranted. The order of the Chief of Staff with respect to the discharge or suspension shall be promptly certified to the appointing officer, and shall be final and conclusive.
    • (G) Compensation. If the Chief of Staff orders reinstatement or restoration to duty of a person who has been discharged or suspended, the person shall be entitled to receive compensation to the amount of $5,000 per week or part thereof absent as a result of the discharge or suspension.
    • (H) Change of disciplinary review. The Council may, by ordinance, provide for an alternative system for impartial review of employee discipline as set forth in (C) through (G) of this section, provided that such a system conforms with due process standards for a fair hearing, and provided there remains a process for review of employee discipline in which costs are borne by the City.
    • (I) Finality of order of suspension for lack of funds. The order of the Chief of Staff or any appointing officer suspending any person because of lack of funds or lack of work in the department shall be final, and shall not be subject to review, except such review as to determine whether a lack of funds exists.
    Sec 10. Resignations.
    • An employee wishing to resign shall do so in writing to both the relevant chief administrative officer and the Chief of Staff.
    Sec 10. Certification of employment.
    • The Chief of Staff shall not approve any compensation for services to any person performing the duties of a position in the civil service, unless the Chief of Staff has certified that the person has been employed in accordance with this Ordinance, or other law or ordinance, and the civil service rules.
    Sec 11. Employment upon consolidation or merger of government entities.
    • (A) Officers and employees of any governmental agency, municipality or any special assessment or other special district created under general laws, all or part of which may become part of the City through consolidation, merger, annexation or joint powers agreement, may upon Council approval of the consolidation, merger, annexation or joint powers agreement become employees of the City in a similar capacity as provided in this section.
    • (B) If the duties of any officer or employee of any municipality or any special assessment or other special district conflict with the duties of any officer of the City, then that officer or employee shall become an employee of the City in a position subordinate to the officer of the City.
    Sec 12. Use of independent contractors.
    • (A) Nothing in this Ordinance shall be deemed or construed as preventing the Council, or the relevant chief administrative officer in the case of those departments having control of their own revenues and funds, from entering into contracts for the performance of work when it is determined by the Council or the chief administrative officer that the work can be performed more economically or feasibly by independent contractors than by City employees.
    • (B) The authority of the Council set forth in this section may be delegated to departments and officers of the City under rules and procedures as the Council may prescribe.
    Sec 13. Military leave.
    • Every officer or employee who leaves his or her office or position to serve in the armed forces of the United States shall be entitled to a leave of absence and, upon returning to the service of the City, shall be entitled to restoration to the position to which he or she would have been entitled as if the leave had not occurred, subject to applicable state and federal law and as further provided by law or ordinance.
    Sec 14. Nondiscrimination.
    • In the employment of persons in the service of the City, there shall be no discrimination in selection or compensation or providing of benefits on account of race, religion, national origin, ancestry, sex, sexual orientation, age, disability, or marital status.
    Sec 15. Miscellaneous provisions.
    • (A) The rights of employees as defined by the Labor Relations Act of 2010 in relation to union organization and collective bargaining are recognized and confirmed by this Ordinance to apply to employees of the City. The right to strike or to be absent from the workplace without leave as contemplated in that Act does not apply to the employees of the City.
    • (B) The Government Directors Act of 2013 is hereby repealed in full and substituted by this Ordinance.
      I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Santos, at its meeting of 03 June 2014.
        LAOS MACEN, City Clerk

        By ___Laos Macen_____
        City Clerk
          Approved 03 June 2014
            By _Jonathan Schrader__
            Mayor
            Kenneth Harrison, Esq.
            Fmr. Assistant State Clerk
            San Andreas State Legislature
            Hon. Thomas Spencer
            Associate Justice (Ret.)
            Superior Court of San Andreas

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