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ORDINANCE 5620 TR I I ORDINANCE NO. 562 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, CREATING A PERSONNEL MERIT SYSTEM FOR THE POLICE DEPARTMENT, THE FIRE DEPARTMENT AND OTHER DEPARTMENTS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. CREATION AND ESTABLISHMENT OF THE PER- SONNEL MERIT SYSTEM. (A). There is hereby created and established a Merit System for certain officers and members of the Fire Department, the Police Department and for other departments as may be designated from time to time by the City Council of the City of E1 Segundo. All full -time, regular and per- manent positions in the Police Department and Fire Department, except the Department Heads and clerical employees, are in- cluded in the Personnel Merit System and shall for the purpose of this ordinance be known as the Classified Service. (B). Department heads will while serving in that capacity retain their last previous rank in the classified service. (C). The present Police Chief whose previous rank was Captain (the highest rank then in use) is upgraded in the classified service to the rank of Deputy Chief. SECTION 2. PURPOSE. It is hereby the declared per- sonnel policy of the City that: (A). Employment in the City Government shall be based on merit and fitness, free of personal or political con- siderations. (B). Just and equitable incentives and conditions of employment shall be established and maintained to promote effi- ciency and economy in the operation of the City Government. (C). High morale shall be maintained by fair adminis- - 1 - .t.") c L-4190 tration of this ordinance and by every consideration of the rights and interests of employees consistent with the best interests of the public and the City. (D). Tenure of employees covered by this ordinance shall be subject to satisfactory performance of work, necessity of the performance of work, behavior consistent with the interests of the city, and the availability of funds. SECTION 3. PERSONNEL OFFICER. The City Manager shall be ex- officio Personnel Officer. With the approval of the Council, the City Manager may delegate any of the powers and duties con- ferred upon him as Personnel Officer under this ordinance to any other officer or employee of the City, provided that said other officer or employee is qualified by education and /or experience to perform such duties, or the City Manager may recommend that such powers and duties or any portion thereof be performed under contract as provided in Section 26 of this ordinance. The Per- sonnel Officer shall: (A). Attend the meetings of the Personnel Committee and serve as its Chairman. (B). Prepare and recommend to the City Manager Per- sonnel Rules. The City Attorney shall approve the legality of such rules prior to their submission to the City Council for its approval. Personnel Rules shall be adopted by resolution. Amendments to the rules shall be made in accordance with the above procedures. (C). Prepare or cause to be prepared a position classi- fication plan for those positions included under the Classified Service including class specifications. The allocation or re- allocation of any position to any existing class shall not be considered a revision of the plan. (D). The initial classification plan shall be revised from time to time as changing conditions require. Such revisions - 2 - 38 t9 inspection period. Not more than one hour will normally be allowed for answer booklet review during which time a represen- tative of the personnel officer shall be present to assure that no changes or marks of any kind are made by the candidate on his answer booklet or the keyed answer booklet. SECTION 10. EMPLOYMENT LISTS. (A). Priority for consideration for employment shall be given to the various employment lists in the following order: re- employment lists, promotional lists and open competitive lists. (B). The re- employment list for any position shall con- sist of the names of permanent employees who have been laid off, for lack of work or lack of funds, from a position in the same class or an equivalent class to that in which the vacancy exists. Such names shall be placed on the re- employment list in reverse order of layoff. Employees whose positions have been re- allocated to a lower class, but who have not been demoted for cause, shall also have their names placed on the re- employment list for the class from which their position was reallocated. (C). Promotional lists shall consist of the names of permanent employees who have been successful in a promotional examination for a higher class. (D). Open competitive lists shall consist of the names of persons not employed by the City who have been success- ful in an examination, or of employees of the City who have passed the examination but have not yet attained permanent status in their present class, or in the case where an examination has been desig- nated as open competitive only, the names of all passing candi- dates, whether permanent employees, non - permanent employee, or persons not employed by the City, shall be placed on the list in order of their scores. (E). Promotional lists and open competitive lists shall be created as a result of examination as provided herein. The names of probationary employees who are laid off for lack of work or lack of funds, may be restored to the same employment list from which the original appointment was made and in the same rank as when the original appointment was made. (F). When request for certification from an employ- ment list has been received, certification shall be made in con- formance with the following provisions: 1. If a re- employment list exists for the class, the highest name on such list shall be certified for each vacancy to be filled. Promotional and /or open employment lists shall not be certified if there are any names on the re- employment list for the class. 2. If there are less than three qualified names on the promotional list, the appointing power may request additional highest one or two names to be certified from the open competitive list if such list exists. 3. If no re- employment or promotional lists exist, the Personnel Officer shall certify to the Department Head from the open competitive employment list as prescribed in Section 7B herein. 4. Except for re- employment lists, when all appropriate employment lists for a class contain a total of fewer than three names the Department Head may, with approval of the City Manager, make provisional appointments until additional names are secured through another examination. 5. No person shall be appointed to any Classified Service position unless that person has the qualifications for the position as set forth in the specifications for the class. (G). Employment lists shall expire at such time as the Personnel Officer shall determine, provided that: 1. Names shall remain on the re- employment list for a period of not less than three (3) years. 3A. L9 _J .; Olt 40"0 (B). An employee released during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is discharged for a reason, as provided in this ordinance and the Rules, which would have been sufficient to cause his discharge from his former position as well. In such case the employee shall be entitled to appeal his dismissal as provided in this ordinance. (C). An employee's status shall be considered per- manent upon completion of the probationary period only if the Department head reports to the Personnel Officer that the ser- vices of the employee have been satisfactory and that the employee is recommended for a permanent appointment. A favor- able or unfavorable report must be rendered on each employee upon completion of his probationary period. SECTION 13. CONDITIONS OF EMPLOYMENT. (A). The Personnel Officer shall have the right to require all employees to complete and submit any applications, agreements or statements pertinent to their employment. (B). The Personnel Officer shall have the right to require at the expense of the City a medical examination of any applicant for employment or new employees and in addition shall have the right to require periodic medical examinations for any or all employees in the Classified Service. (C). Reassignments, demotions or separations, at the request of the employee, shall be reviewed by and be subject to the approval of the Personnel Officer. SECTION 14. EMPLOYEE APPEALS FROM DISCIPLINARY ACTIONS. (A). Any permanent employee in the classified service who has been suspended, for a period of six (6) days or more, demoted, dismissed, or reduced in pay shall have a period of ten days following written notification in which to file an appeal - 12 - or answer the charges. 3S ". (B). The employee shall forthwith be given in said written notification a statement of the extent and nature of any disciplinary action and a full explanation of the reasons for the action including specific information as to time and place of incidents. (C). Each disciplinary action shall automatically be given administrative review by the City Manager, immediately after the written notification, and the City Manager may counter- mand the disciplinary action or modify the discipline imposed prior to any hearing as hereinafter provided. (D). Appeals and requests for hearings shall be filed with the City Manager and then immediately referred to the Los Angeles County Civil Service Commission or City Council as the case may be. (E). The Commission shall have the right to refuse to hold a hearing in any case in which the appellant fails to pre- sent sufficient grounds to warrant a hearing. (F). Procedures for all hearings to be conducted by the County shall be in accordance with the Rules of the Los Angeles County Civil Service Commission. DISCHARGE. SECTION 15. GROUNDS FOR DEMOTION, SUSPENSION AND (A). No person in the Classified Service shall be demoted, suspended or discharged from his position except for: 1. Inefficiency, misconduct, insubordination, disregard of orders. 2. Incompentency, incompatibility, dereliction of duty, malfeasance. 3. Drunkenness on duty. 4. Conviction of a felony. 5. Having a financial interest, directly or indirectly, in any contract, sale or transaction to which the City is a party. 6. Being privately engaged in other business, employment - 13 - 3 or other activities which occupy a substantial part of his time or attention which interfers with the performance of his duties. 7. Willful violation of any provisions of this ordinance or the Personnel Rules established thereunder. 8. Incapacity to perform duties satisfactorily due to insanity, or other mental or Physical disability. 9. Obtaining appointment or promotion through falsifica- tion, subterfuge or other illegal means. 10. Any other acts, or failures to act properly, which bring discredit upon the City service or otherwise cause the employee to be unfit for the responsibili- ties of his position. SECTION 16. REIMBURSEMENT FOR LOSS OF PAY. Reim- bursement for loss of pay due to disciplinary action which is subsequently revoked or modified shall be made to an employee, but only to the extent of such modification, if any. Any addi- tional salary or wages received from other employment performed during the normal work schedule period of the employee shall be deductable from any City compensation payable under this section. SECTION 17. LAYOFF PROCEDURE. No member shall be dis- missed because of the discontinuance of the particular office or position held by him, but employees dismissed because of curtail- ment of expenditures, reduction in force, and for like causes, shall be the last employee or employees, including temporary appointees, that have been appointed to the respective depart- ment, until such reductions necessary shall have been accomplished. Vacancies to be filled in the lowest class or rank, resulting from such removal, shall be filled from the last employee or employees that have been appointed to the next higher class or rank, and their places likewise filled under proper distribution has been accomplished; provided, further, that in the event said department - 14 - shall again be increased in numbers, said men dismissed, or reduced in class or rank, under the terms of section 10 (B) of this ordinance shall have the privilege of being re- employed before any new appointments to said department shall be made. Any layoffs in accordance with this Section shall not be sub- ject to appeal and hearing. Any wilful violation hereof or violation through culpable negligence, shall be sufficient ground to authorize the discharge of any officer or employee. SECTION 18. LEAVE OF ABSENCE: (A). Any member who is called to serve in any branch of the military service of the United States shall, upon his return, and with an honorable discharge, maintain his priority rights within this ordinance, and in accordance with the State Military and Veterans Code Section 395• (B). On recommendation of the Department head and approval of the City Manager, leave of absence without compensa- tion not to exceed one year for any purpose may be taken by written consent of the City Council, and temporary appointments may be made to fill such vacancies in the manner herein pro- vided for permanent appointments. Such leaves may be extended for not to exceed one additional year. SECTION 19. STATUS OF PRESENT EMPLOYEES. (A). Any person holding a position or employment included in the Classified Service who, on the effective date of this ordinance shall have served continuously in such posi- tion, or in some other position included in the Classified Service, for one year prior to inclusion in the Classified Ser- vice, shall assume regular status in the Classified Service in the position held on such effective date without qualifying examination or working tests, and shall thereafter be subject in all respects to the provisions of this ordinance, except those with the rating of detective and patrolman assigned to motorcycle duty, such assignments shall be made administratively - 15 - J and are not a part of the classified service. (B). Any other persons holding positions or employ- ment in the Classified Service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. SECTION 20. HIRING OF EXTRA EMPLOYEES. Department heads, with the approval and sanction of the City Manager, may during an emergency or during vacation periods, hire such extra employees as may be needed to properly conduct said departments, at a compensation to be fixed by the City Council. These extra employees may be selected from the employment list at the option of the heads of said departments. However, no extra employee shall be hired for a period in excess of one hundred eighty (180) calendar days or six (6) months in any fiscal year, and the hiring of extra employees as herein provided for, shall not in any way mean, or be construed to mean, that said extra employee shall be under probation as defined by Section 12 hereof. SECTION 21. AMENDMENTS OF THIS ORDINANCE. The City Council may from time to time by ordinance, add additional departments, appointive officers or employees of the City to the list originally designated in this ordinance creating a Merit System. SECTION 22. POLITICAL ACTIVITY. (A). No person holding an office or position in any department placed under the Personnel Merit System, pursuant to the provisions of this ordinance, with respect to any municipal political campaign, shall seek or accept election, nomination or appointment as an officer of a political club or organization, or serve as a member of a committee of such club or organization - 16 - 31IS3.1 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, ----- > suni_ce.. U_._. _GrBaaoa ... _--------- _---- _____ City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. -5.62 ......... I is a full, true and correct original of Ordinance No ...... 562 ----------- of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, CREATING A PERSONNEL MERIT SYSTEM FOR THE POLICE DEPARTMENT, THE FIRE DEPARTMENT AND OTHER DEPARTMENTS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the ..... llth .... day of ........... April, ......... 1950__, and that the same was so passed and adopted by the following vote: AYES: Councilmen _ _Baker_,_.Fredar_ick, --- Meachuk __and_________________________ - May-or_.- Benii.e l d;--------------------------------------------------- - - - - -- NOES: Councilmen .- None;------------------ - - - - -- ------------------------------------------------------ ABSENT: Councilman-- G- ordon.------------------------------------------ - - - - -- ----------------- - - - - -- I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No...5 -62 -__ was duly and regularly published according to law and the order of the City Council bi- of said City in the El Segundo Herald, � weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so pub- lished therein on the following date, to wit: _.._____ April _14,___1960. _______ ____ _________ City Clerk of the City of El Segundo, California. By-------------------------------------------------------------- (SEAL) Deputy. 3831 Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) ......Mer1On.. _�T SWCo"mb .. being first duly sworn, deposes and says: That S he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; thaPhe was, at, and during all of the time of the publication of the instrument hereunto attached the ............ ....... princ.i —Tr i-- -c12rk low of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, & newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by ;aid section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, pr ofessions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowied or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denoniln- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the Ordinance No. .......... .. .. . .. ... ................. .. ........_....................................................... ... of which the annexed Is I fs a printed copy as hereinabove stated, was published and printed in said news - paper at least ................. ... week ..... , by .................................. consecutive publication ......... commencing on the .......1.4.t h..day of ............................ A PT i 1........., A. D.19 60.., and ending on the .............14 t h... day of .................................. Apr.:U...... A. D. 19- -610..., and as often during said time as said newspaper was regu- larlyissued, to -wit: ..._ ..................................... ................. _..- ......... _ ............................................ .................................................... ....... A.. r. i1.... 14... 19. ��. ... ............................... Subscribed and sworn tq before me this ... , .... Q. dayof ......... .. .. ... ..............................I A. D. 19..6.. ....................... City clerk of the City of El Segundo, County of Los Angeles, Stabs of California. By................................................................. ............................... Deputy City Clerk of said City. 3,S 13 may consist of the addition, abolishment, consolidation, divi- sion or amendment of existing classes. (E). Be responsible for administration of the follow- ing procedures within the framework of this ordinance, the Classification and Salary Ordinance and the Personnel Rules: (1). The formulation of standards and qualifications for each class of position in the Classified Service. (2). The public announcement of vacancies and examinations and the acceptance of applications for employment. (3). The preparation and conduct of examinations and the establishment and use of employment lists contain- ing names of persons eligible for appointment. (4). The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments. (5). The evaluation of employees during probationary period and periodically thereafter. (6). The transfer from one department to another, promo- tion, demotion and reinstatement of employees. (7). The allocation of positions to classes on the basis of duties, responsibilities and requirements. (8). The standardization of hours of work, attendance and leave regulations, working conditions, and the de- velopment of employee morale, welfare, training and safety. (9). The separation from service of employees through lay- off, suspension and dismissal. (10). The maintenance and use of necessary records and forms. (11). The establishment and maintenance of suitable methods for effective communication between employees and their supervisors; between employees and the City Manager relating to conditions of employment in the City service. - 3 - 3RL pension period, shall have the right of appeal to the City Council. (B). The City shall contract with the Los Angeles County Civil Service Commission to hear appeals from dismissal, demotion, suspension for a period of six (6) days or longer where discharge is provided or reduction in pay not the result of cur- tailment of expenditures as referred to in Section 17. Follow- ing the giving of notice as specified in these rules, such cases shall be certified to the Los Angeles County Civil Service Com- mission for hearing and report of their findings. The decision of the County Civil Service Commission will be final in each case. The decisions and findings of the County Civil Service Commission will be subject to review of courts only. Hearings shall be con- ducted according to the Rules of the Los Angeles County Civil Ser- vice Commission4 as the same may be amended from time to time. SECTION 7. EXAMINATIONS. (A). All applicants for positions in the Classified Service shall be subject to an appraisal of their qualifications as provided herein. (B). Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. It shall be the policy of the Personnel Officer to encourage the general practice of promotion within the City ser- vice wherever in his view a sufficient number of fully qualified candidates are available and such policy will continue to contri- bute to a sound and efficiently operating City organization. (C). Honorably discharged veterans of the Armed Forces of the United States, as defined in the applicable statutes and regulations of the State of California pertaining to Veterans, preferences may be given five points, which shall be added to the earned total passing examination score in examinations for entry level positions in the classified service. The Personnel - 5 - 3q t Officer shall determine in advance of the publication of the ammouncement of an examination, whether Veterans' preference will be granted, and it shall be stated in the official announce- ment. No additional points shall be credited to any verteran's scores on any promotional examination. (D). The personnel officer shall review and recommend to the City Manager who in turn shall recommend to the City Council an appropriate examination plan and weights for each portion of the examination. For departments other than the Police and Fire Depart- ments, the plan may consist of any one or combination of the follow- ing techniques: 1. Written 2. Oral 3. Demonstration 4. Any evaluation of education, experience, or skills or physical fitness which fairly evaluates the relative capacities of the applicants. (E). The examination plan, for entrance or promotional, for the Police and Fire Departments shall consist of a written examination and one or more of the following: 1. Oral 2. Demonstration 3. Any evaluation of education, experience, or skills or any test of manual skills or physical fitness which fairly evaluates the relative capacities of the appli- cant. SECTION 8. NOTICE OF EXAMINATIONS. (A). Notice of time, place and general scope of every examination shall be posted by the Personnel Officer in a con- spicuous place. Such posting shall be not less than two weeks prior to such examination, at the City Hall, at the office of the appropriate Department, and at such other places as the Per- sonnel Officer deems appropriate. Z'M 3 2. Promotional and open - competitive lists shall have an expiration date of one year unless otherwise announced in the notice of examination. SECTION 11. APPOINTMENTS IN THE CLASSIFIED SERVICE. (A). Appointments and promotions to vacant positions in the Classified Service shall be based on merit and fitness to be ascertained insofar as practicable by competitive examination. Appointments and promotions shall be made by the City Manager upon recommendation of the various department heads. (B). When appointments and promotions are to be made to vacancies in the classified service, the names of the highest eligible persons willing to accept appointment shall be transmitted by the Personnel Officer to the department head in the order in which they appear on the list as follows: For one vacancy the names of three (3), for two or secondary vacancies the names of five (5), for each additional or each subsequent vacancy, three (3) additional names shall be submitted and appointment shall be limited to any of these eligible persons. (C). In the absence of appropriate employment lists, a provisional appointment may be made of a person meeting the qualifications established for the classification. Any employ- ment list shall be established within 6 months, for any perman- ent position filled by provisional appointment. No person shall be employed by the City under provisional appointment for a total of more than 6 months in any fiscal year except that the City Manager may with approval of the City Council extend the period of any provisional appointment for not more than thirty days by any one action. (D). No special credit shall be allowed in any exami- nation or the establishment of any employment or promotional lists, for service rendered under a provisional appointment. (E). Appointments to temporary, emergency and seasonal - 10 - positions may but need not be made from eligible lists and those appointed shall not be in the Classified Service. Appointments of this type shall include temporary employment for the replacement of employees on leave of absence other than military leave, or vacation, emergency appointments to meet emergencies which threaten life, property or the general welfare of the City, or for work seasonal in nature. (F). During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy created may be filled only by temporary appointment. (G). Transfer: With the approval of the City Manager, an employee may be transferred by the department head from one position to another position in the same class or a comparable class at the same salary level. If such transfer involves a change from the jurisdiction in the Classified Service of one department head to that of another in the Classified Service, both must consent thereto before the action shall be considered effective. Transfers shall not serve to effect in any way the status, rights and privileges of an employee under this ordinance. (H). Reinstatement: The department head may, with the approval of the City Manager, reinstate to a vacant position any person who has resigned in good standing to a position in a class or equivalent class in which he had acquired status in the Classi- fied Service, provided that such reinstatement is accomplished within one (1) year of the date of resignation. A reinstatement may, at the discretion of the department head, take precedence over any employment list except a re- employment list. SECTION 12. PROBATIONARY PERIOD. (A). All original and promotional appointments shall be for a probationary period of one year. During the probation period the employee may be rejected by the appointing authority at any time without right of appeal or hearing. - 11 - or circle, or seek signatures except where it pertains to this ordinance, or act as a worker at the polls, or distri- bute badges or pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election, or for nomi- nation to municipal office; provided, however, that nothing in this ordinance shall be construed to prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a politi- cal meeting, or from enjoying entire freedom from all inter- ference in casting his vote. SECTION 23. SOLICITATION OF CONTRIBUTIONS. No officer or employee of the City, or any other per- son, directly or indirectly shall solicit or receive, from any- one on an eligible list or employed in the service of the City any assessment, subscription, contribution, or political ser- vice, for aiding or assisting in the campaign for election, or appointment to any political or official position in the service of the City, or for any political purpose whatever. SECTION 24. DISCRIMINATION. No person in the competitive service or seeking admis- sion thereto shall in any way be favored or discriminated against in his employment because of political affiliations, race, or religious belief. SECTION 25. APPROPRIATION OF FUNDS. The City Council shall appropriate such funds as are necessary to carry out the provisions of this ordinance. SECTION 26. RIGHT TO CONTRACT FOR SPECIAL SERVICE. The City Manager shall consider and make recommendations to the Council regarding the extent to which the City should con- tract for the performance of technical services in connection with the development and administration of any phase of the personnel program and the Council may contract for the performance of such - 17 - services with any qualified person or agency. SECTION 27. WORDS, DEFINITION AND SIGNIFICANCE. Words used in this ordinance in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular includes the plural, and the plural the singular; writing in- cludes printing and typewriting; and the word "employee" in- cludes appointive officers; the present tense includes the future as well as the present. SECTION 28. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance for any reason is held by a court to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any section, subsection, sentence, clause, or phrase should be held to be unconstitutional or in- valid. SECTION 29. PENALTY FOR VIOLATION. Any person, firm or corporation charged with the administration of this ordinance who is guilty of violating any of the provisions of this ordinance, shall be guilty of a mis- demeanor and upon a conviction thereof shall be punishable by a fine of not more than $500.00 or by impris onment in the City Jail or County Jail for a period of not more than six months, or by both such fine and imprisonment. SECTION 30. EFFECTIVE DATE. This ordinance shall take effect on the llthh day of May. 1960 (which is at least thirty days after the date of its adoption), and prior to the expiration of fifteen days from the passage thereof, shall be published at least once in the E1 Segundo Herald a bi -weekly of y news a er p p general circulation, published and circulated in the City of E1 Segundo and thenceforth and thereafter the same shall be in full force and effect. Passed, approved and adopted this .28th day of March It 1960. ATTEST: City Clerk (SEAL) Mayor of the City o gundo, Calif orni" - 19 - 3.S 13 may consist of the addition, abolishment, consolidation, divi- sion or amendment of existing classes. (E). Be responsible for administration of the follow- ing procedures within the framework of this ordinance, the Classification and Salary Ordinance and the Personnel Rules: (1). The formulation of standards and qualifications for each class of position in the Classified Service. (2). The public announcement of vacancies and examinations and the acceptance of applications for employment. (3). The preparation and conduct of examinations and the establishment and use of employment lists contain- ing names of persons eligible for appointment. (4). The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments. (5). The evaluation of employees during probationary period and periodically thereafter. (6). The transfer from one department to another, promo- tion, demotion and reinstatement of employees. (7). The allocation of positions to classes on the basis of duties, responsibilities and requirements. (8). The standardization of hours of work, attendance and leave regulations, working conditions, and the de- velopment of employee morale, welfare, training and safety. (9). The separation from service of employees through lay- off, suspension and dismissal. (10). The maintenance and use of necessary records and forms. (11). The establishment and maintenance of suitable methods for effective communication between employees and their supervisors; between employees and the City Manager relating to conditions of employment in the City service. - 3 - (F). Administer all other provisions of this ordi- nance, the Classification and Salary Ordinance, and the Per- sonnel Rules established which are not specifically reserved to the Council. SECTION 4. PERSONNEL COMMITTEE. (A). There is hereby created a Personnel Committee which shall consist of the Personnel Officer (City Manager) who shall be Chairman, the Chiefs of the Police and Fire Departments and four additional members who shall be regular employees in the classified service and shall be elected at large by the em- ployees in the classified service except that no more than two shall be elected from the same department. (B). An election for the four classified service mem- bers shall be held within 30 days of the date of adoption of this ordinance. In the election, each employee shall have one vote. The four candidates receiving the highest number of votes shall be appointed except as provided in Section 4A. The term of office of the classified service members shall be one year. Succeeding elections shall be held not less than 30 days prior to the expiration of the term. Vacancies shall be filled by majority vote of the Personnel Committee from among the employees of the classified service except as provided in Section 4A. SECTION 5. FUNCTION OF PERSONNEL COMMITTEE. The function of the Committee shall be: To meet periodically for the purpose of reviewing the provisions of this ordinance and as a result of these studies recommend, if they so desire, changes, deletions, additions or other amendments to this ordinance. This Committee will ter- minate when and if this ordinance is approved by a vote of the people. SECTION 6. HEARING OF APPEALS. (A). Employees who are suspended for six working days or longer, where discharge is not provided at the end of the sus- -4- e Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) ...... Mz r ion_. ll?ewe o.mb .................. being first duly sworn, deposes and says: That S he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; thaphe was, at, and during all of the time of the publication of the instrument hereunto attached the ............ .......pr n.PAWn.l -- c1erk 30M. of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, pr ofessions, trades, callings, race; or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, eallings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page... numbered .......... .................................................... ........ _............................................................................................................................................... hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; -that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will 5 �2ar from an inspection of the said annexed instru- ment; that the Ordinance No. of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least .................I ... week by .................................. consecutive publication ......... commencing on the .........LAVIoday of .......................... .Apra 1•---....., A. D.1960 , and ending on the .............14th.!... day of .],. .................. ................Apr.:...... A. D. 19- -60..., and as often during said time as said newspaper was regn- larlyissued, to- wit: ...- ..................................... ................. _. ......................................................... .................................................... A ..r..... ...... 9 60 ........................... ....................................................... _... ............................---......._......... ............................... ............. ........................................................................................................................................... .............................................. ............ ............ ................................................................................... .................................... .......................... Subscribed and sworn tq before me this ... ,1....Q.- ... dayof ......... .. .. ... ..............................I A. D. 194 ... clerk of- the City of El Segundo, County of Los Angeles, Stsbe of California. By..................................................................... ............................... Deputy City Clerk of said City. 3S31L 38 pension period, shall have the right of appeal to the City Council. (B). The City shall contract with the Los Angeles County Civil Service Commission to hear appeals from dismissal, demotion, suspension for a period of six (6) days or longer where discharge is provided or reduction in pay not the result of cur- tailment of expenditures as referred to in Section 17. Follow- ing the giving of notice as specified in these rules, such cases shall be certified to the Los Angeles County Civil Service Com- mission for hearing and report of their findings. The decision of the County Civil Service Commission will be final in each case. The decisions and findings of the County Civil Service Commission will be subject to review of courts only. Hearings shall be con- ducted according to the Rules of the Los Angeles County Civil Ser- vice Commission4 as the same may be amended from time to time. SECTION 7. EXAMINATIONS. (A). All applicants for positions in the Classified Service shall be subject to an appraisal of their qualifications as provided herein. (B). Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. It shall be the policy of the Personnel Officer to encourage the general practice of promotion within the City ser- vice wherever in his view a sufficient number of fully qualified candidates are available and such policy will continue to contri- bute to a sound and efficiently operating City organization. (C). Honorably discharged veterans of the Armed Forces of the United States, as defined in the applicable statutes and regulations of the State of California pertaining to Veterans, preferences may be given five points, which shall be added to the earned total passing examination score in examinations for entry level positions in the classified service. The Personnel - 5 - (B). An announcement of time, place and general scope of promotional examinations shall be posted by the Per- sonnel Officer in such places as specified in Section 8 -A, not less than 30 days prior to posting of "Notice of Examinations" at the end of which 30 day period, the plan for examination will be submitted to the City Council for approval. SECTION 9. INSPECTION OF EXAMINATION PAPERS. (A). Examination papers of the candidates are not subject to inspection by the public. Upon request any candidate may inspect his own papers, including his application and the questions and answers thereto except for copyrighted or standard- ized tests for entrance classes. (B). Inspection of a keyed copy of the examination question booklet, which is for the purpose of requesting a re- view of such items as the candidate may believe are incorrectly or improperly keyed, will be allowed for the five working days immediately following an examination. The inspection time allowed a candidate will not exceed one -half the amount of the time originally allowed to answer the questions during the adminis- tration of the examination. During key inspection a representa- tive of the personnel office will be present to assure that the candidate takes no notes of any kind regarding any test materials. The candidate may protest any item or group of items or the whole test on the basis of either inappropriateness or inaccuracy. All protests shall be resolved and answered before the completion of the final scoring. (C). Inspection of a candidate's answer booklet, which is for the purpose of detecting whether any clerical or other error has been made in the scoring of the booklet, shall be allowed for a thirty -day calendar period immediately following the notification to the dandidate of examination results. Candi- dates are not allowed to review the question booklet during this - 7 -