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HomeMy WebLinkAboutMC-14751 2 3 4. 5 6 7 8 i i 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Chapter 2.04 of the San Bernardino Municipal Code is hereby repealed and replaced as follows: Chapter 2.04 PERSONNEL SYSTEM Sections: 2.04.010 Personnel System Established 2.04.020 Classified Service 2.19.030 Unclassified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 1 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 5 the City, including those in the Water Department and the Library. 6 7 2.04.020 Classified Service 8 Classified service includes all regular full-time employees not specifically included in 9 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. 13 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; 18 2. Any position appointed by the Mayor and City Council including the City 19 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 24 Assistants of the City Manager; 25 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; 2 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25� 26 27 28 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. 3 1 2 3 4 5 6' 7 8 9 10 11 12', 13,' 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 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. lII lII ,� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 x 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. 5