HomeMy WebLinkAboutMC-14471
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ORDINANCE NO. MC -1447
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.50 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE
ESTABLISHMENT OF THE PERSONNEL COMMISSION BY THE NEW
CHARTER
WHEREAS, the voters 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 previous Charter, the City established a Civil Service
Board, which had rights and duties established therein; and
WHEREAS, the new Charter at Section 604 establishes a Personnel Commission to
replace the Civil Service Board; and
WHEREAS, consistent with the provisions of the new Charter, the Civil Service
Board shall heretofore be known as the Personnel Commission and its sole responsibility will
be to hear appeals of disciplinary actions by City employees, subject to the provisions of
adopted labor agreements; and
WHEREAS, existing provisions of the Chapter 2.50 of the San Bernardino 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. The existing Chapter 2.50 of the San Bernardino Municipal Code is
hereby repealed.
SECTION 2. A new Chapter 2.50 of the San Bernardino Municipal Code is hereby
enacted to read as follows:
Chapter 2.50 PERSONNEL COMMISSION
2.50.010 Establishment
The Personnel Commission as established in Charter Section 604 shall replace the Civil
Service Board, which is hereby dissolved.
2.50.020 Appeals from Disciplinary Action
Pursuant to Charter Section 604, the Personnel Commission shall hear appeals from
disciplinary actions filed by City employees in the classified service, subject to the provisions
of the applicable labor agreement, if any, and the Personnel Rules and Regulations, formerly
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known as the Civil Service Rules and Regulations, as adopted by Resolution of the Mayor and
City Council and as they may be amended from time to time. The determination of the
Personnel Commission on such appeals shall be final.
2.50.030 Secretary to the Personnel Commission
The Administrative Services Officer, or such other person as may be designated by the City
Manager shall serve as Secretary to the Personnel Commission, and shall be responsible for
posting and mailing any necessary hearing notices, issuing subpoenas for hearings before the
Personnel Commission, and keeping a record of the proceedings. The Personnel
Commission's power of subpoena over persons and records shall be enforceable by the courts.
The City Manager shall ensure that the Personnel Commission is provided with such support
as may be necessary to conduct appeal hearings as required, including a legal advisor as may
be necessary.
2.50.040 Election of Officers
The Commission shall annually elect one of its members chair and one as vice -chair.
2.50.050 Time and Place of Meetings
The Commission shall hold regularly noticed meetings as required to hear disciplinary
appeals, and may hold special meetings at the call of the Chair or a majority of the members
of the Commission.
SECTION 3. 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 affect the
provisions of this Ordinance.
SECTION 4. 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.
SECTION 5. 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 2.50 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE
ESTABLISHMENT OF THE PERSONNEL COMMISSION BY THE NEW
CHARTER
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
7th day of June 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS X
VALDIVIA X(M)
SHORETT X(S)
NICKEL X
RICHARD X
MULVIHILL X
Georgean anna, CMt, City Clerk
The foregoing Ordinance is hereby approved this 7th day of June 2017.
R. CareyD is, Mayor
City of S Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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