HomeMy WebLinkAboutMC-14751
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ORDINANCE NO. MC -1475
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.04 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE "HUMAN
RESOURCES DEPARTMENT," TO ESTABLISH A PERSONNEL SYSTEM
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, pursuant to the old Charter, the make-up of the classified and
unclassified service was determined in the Charter, Section 248; and
WHEREAS, the new Charter at Section 508 calls for the establishment of a Personnel
System to be administered by the Human Resources Department; and
WHEREAS, existing provisions of the City's Municipal Code are inconsistent with
the new Charter and require revision.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.04 of the San Bernardino Municipal Code is hereby repealed
and replaced as follows:
Chapter 2.04
PERSONNEL SYSTEM
Sections:
2.04.010 Personnel System Established
2.04.020 Classified Service
2.19.030 Unclassified Service
2.04.010 Personnel System Established
A personnel system is established for the selection, employment, advancement,
discipline and compensation of all appointive officers and employees. This system shall be
implemented under conditions of competitive merit, political neutrality and equal opportunity,
pursuant to this code, rules adopted by Resolution of the City Council, and such subordinate
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1 rules as are not in conflict therewith which may be adopted by the appointing authority or its
2 designee. Except as otherwise provided in the Charter or in this Municipal Code, the
3 Personnel System shall be administered by the Department of Human Resources. The City
4 Council shall have the power to establish classifications and pay ranges for all employees of
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the City, including those in the Water Department and the Library.
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7 2.04.020 Classified Service
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Classified service includes all regular full-time employees not specifically included in
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10 the unclassified service within the San Bernardino Municipal Code. All City employees in the
11 Classified Service, including those in the Water Department and the Library shall be subject
12 to the City's adopted personnel rules.
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14 2.04.030 Unclassified Service
15 Unclassified service includes those positions associated with part-time employment,
16 temporary employment, seasonal employment and the following officers and employees:
17 1. Elected officials;
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2. Any position appointed by the Mayor and City Council including the City
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20 Manager, City Clerk and City Attorney;
21 3. Any persons appointed as deputies or assistants of elected or appointed
22 officers, regardless of job title or to whom they report;
23 4. Any persons appointed as Assistant City Manager, Deputies or other
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Assistants of the City Manager;
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26 5. Any persons appointed as heads of departments or heads of department
27 divisions;
28 6. One assistant for each department and one assistant for the City Manager;
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7. Any persons appointed to a board or commission.
All employees not included in the classified service of the City under this chapter shall
serve at the will and pleasure of the appointing authority. They may be appointed, controlled,
ordered and directed by the appointing authority in any manner which is in compliance with
applicable law, and may be disciplined or removed from city employment by the appointing
authority without proof of cause or other justification and without the right of appeal. Elected
officials and persons appointed by the City Council to City boards, commissions or
committees shall serve in accordance with applicable state and local laws, including this code,
and may only be removed from office in accordance with such laws. Part-time, seasonal and
temporary employees shall be provided only those benefits mandated by applicable Federal,
State and/or local laws, rules or regulations.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
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SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.04 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE "HUMAN
RESOURCES DEPARTMENT" TO ESTABLISH A PERSONNEL SYSTEM
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7t' day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
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Y-65
0
X
ABSTAIN ABSENT
Georgeann f4 anna, CMC,(City Clerk
The foregoing Ordinance is hereby approved this 70' day of March 2018.
6eej Lqy
R. Carey Das, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By.
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