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281 n-- ORDINANCE NO. 281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CITY OF GRAND TERRACE MUNICIPAL CODE BY RESCINDING THE CURRENT CHAPTER 2.24 (PERSONNEL SYSTEM) AND ADDING A NEW CHAPTER 2.24 (PERSONNEL SYSTEM) RELATING TO PERSONNEL ADMINISTRATION AND ESTABLISHING A PERSONNEL SYSTEM AND PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS WHEREAS, the City Council has recently adopted new personnel rules and regulations; and WHEREAS, it is necessary to revise the Personnel System section of the Municipal code in order to avoid duplication and to insure that the ordinance and the personnel rules and regulations work together harmoniously. NOW THEREFORE, THE CITY COUNCIL OF THE GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth f above in this Ordinance are true and correct. SECTON 2: The City Council hereby rescinds Chapter 2.24 (Personnel System) of Title 2 (Administration and Personnel) of the Grand Terrace Municipal Code in its entirety. SECTION 3: The City Council hereby amends Title 2 (Administration and Personnel) of the Grand Terrace Municipal Code with the addition of the following new Chapter 2.24 (Personnel System) as follows: CHAPTER 2.24—PERSONNEL SYSTEM 2.24.010—Adoption of personnet system. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. 1 ORDINANCE NO. 281 PAGE 1 OF 4 APRIL 28, 2015 f 2.24.020 -Applicability of chapter to all city officers and employees—Exceptions. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city except: A. Elective officers; B. The city manager and any assistants to the city manager; C. The city attorney and any assistant or deputy city attorneys; D. Members of appointive boards, commissions, and committees; E. All department directors; F. Persons engaged under contract to supply expert, professional, technical or any other services; G. Volunteer personnel; H. All council-appointed city officers; I. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; J. Limited-term contract employees; K. Employees, other than those listed elsewhere in this section, not regularly employed in permanent positions. "Regularly lemployed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1040) hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules; - L. Any position primarily funded under a state or federal employment program; M. Employees not included in the competitive service under this section shall serve at the pleasure of the appointing authority. 2.24.030—Personnel system administration. The Personnel Officer shall be responsible for the administration of the Personnel system. The Personnel Officer shall be the City Manager or the City Manager's designee. 2.24.040—Personnel rules generally. General rules for the administration of personnel shall be adopted and may be amended from time to time by resolution of the City Council. Such rules may be implemented through administrative procedures which are approved by the City Manager. 2.24.050—Authority to issue subpoenas in personnel matters. All administrative procedures relating to the City's personnel system shall include the power of issuing and enforcing legislative subpoenas for purposes of compelling the attendance of witnesses and/or the production of other evidence. The power to subpoena witnesses and evidence shall apply to all personnel proceedings regardless of whether such proceedings are established by a City ordinance, resolution, contract or collective bargaining agreement adopted } by the City Council. ORDINANCE NO. 281 PAGE 2 OF 4 APRIL 28, 2015 2.24.060—Position abolishment authorized when. Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists,'then the city council may abolish any position or employment in the city service and lay off, demote or transfer any employee holding such position or employment without filing written charges and without permitting the right of appeal in accordance with procedures defined in the personnel rules. This section shall not be interpreted as voiding restrictions and rules regarding employee rights in the case of disciplinary actions. 2.24.070—Right to contract for services. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the .City should contract for the performance of technical or administrative services in connection with the operation of the City. The City Council may contract with any qualified person or agency for the performance of any technical or administrative service. 2.24.080—Conflicting Provisions Repealed. All other ordinances, resolutions, and minute orders of the City of Grand Terrace, sections or sentences thereof, in conflict with this ordinance and any rules and regulations promulgated prior to the effective date of this Ordinance are hereby declared repealed. This provision does not apply to any ordinances and/or resolutions relating to the California Public Employees Retirement System SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional. SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the same manner required by law. This Ordinance shall become effective thirty(30) days from and after its passage. PASSED, APPROVED, and ADOPTED this 28th day of April, 2015. ATTEST: Darcy M a oe at Jac q e -i ar or City Cle c 1 ORDINANCE NO. 281 PAGE 3 OF 4 APRIL 28, 2015 Approved as to form: Richard L.Adams, II _.. .... ...... _. :City Attorney ... ... I, Pat Jacquez-Nares, City Clerk of the:City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting held on the-14th day:of April 2015, and: th. .. adopted at a regular meeting of:the City:Council.of the'City of Grand Terrace:held on.the 28.. . :: day:of April 2015,by:the following vote:: AYES: Council Members Mitchell, Wilson,Hussey, Mayor Pro Tern Robles;- ... ...... ...... ... ..... _... Mayor McNaboe NOES: :None ABSENT: None ABSTAIN: None .. ...... ..... ....... Pat: ac - a S . .....: City le _.. C rk ....... ... ... i ORDINANCE NO. 281 . . : PAGE 4 OF:4 APRIL 28- 2015 .