Loading...
HomeMy WebLinkAbout4860 - Special Municipal Election Two Measures - 11-4-58WHEREAS, a general election is to be held on November 4, 1958; and WHEREAS, it appears to be in the best interests of the City for the City Council to call a special municipal election for the purpose of submitting to the qualified electors a proposed charter amendment which would abolish the office of City Treasurer and vest the powers and duties of the City Treasurer in the Director of Finance and a proposition to adopt a new civil service ordinance which, in addition to providing for a civil service system under the Charter, repeals that initiative Ordi- nance No. 511 enacted in 1942, and request that said special municipal election be consolidated with said general election; NOW, THEREFORE, the City Council of the City of New- port Beach does hereby request, resolve, declare, determine and order as follows: Section 1. A special municipal election is hereby called and shall be held on Tuesday, November 4, 1958, for the purpose of submitting to the qualified electors a proposed charter amendment and a proposition to adopt a new civil service ordinance. Section 2. The City Council of the City of Newport Beach hereby requests the Board of Supervisors of Orange County to consolidate said special municipal election with the general • election on Tuesday, the 4th day of November, 1958, and requests that said elections be held in all respects as if there were 1: WWC:mec 8/22/58 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF NOVEMBER, 1958, RE- QUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE SAID SPECIAL MUNICIPAL ELECTION WITH THE GENERAL ELECTION ON SAID DATE AND TO CANVASS THE RETURNS THEREON, ORDERING THE SUBMISSION OF A PROPOSED AMENDMENT TO THE CHARTER AND A CIVIL SERVICE ORDINANCE TO THE VOTERS FOR ADOPTION, AND • SETTING FORTH THE FORM OF BALLOT PROPOSITIONS FOR THE TWO MEASURES, THE TEXT OF THE PROPOSED CHARTER AMENDMENT AND THE TEXT OF THE PROPOSED ORDINANCE WHEREAS, a general election is to be held on November 4, 1958; and WHEREAS, it appears to be in the best interests of the City for the City Council to call a special municipal election for the purpose of submitting to the qualified electors a proposed charter amendment which would abolish the office of City Treasurer and vest the powers and duties of the City Treasurer in the Director of Finance and a proposition to adopt a new civil service ordinance which, in addition to providing for a civil service system under the Charter, repeals that initiative Ordi- nance No. 511 enacted in 1942, and request that said special municipal election be consolidated with said general election; NOW, THEREFORE, the City Council of the City of New- port Beach does hereby request, resolve, declare, determine and order as follows: Section 1. A special municipal election is hereby called and shall be held on Tuesday, November 4, 1958, for the purpose of submitting to the qualified electors a proposed charter amendment and a proposition to adopt a new civil service ordinance. Section 2. The City Council of the City of Newport Beach hereby requests the Board of Supervisors of Orange County to consolidate said special municipal election with the general • election on Tuesday, the 4th day of November, 1958, and requests that said elections be held in all respects as if there were 1: only one election, that only one form of ballot be used and that the Board of Supervisors place on the ballot for said • general election the propositions hereinafter set out for sub- mission to the voters of the City of Newport Beach, each desig- nated by a letter in the left margin of the square as provided • in Section 3831 of the Elections Code, canvass the returns of • the special municipal election consolidated with said general election, and advise the City of Newport Beach of the results of said special municipal election. Section 3. The exact form of the ballot proposition to submit the proposed charter amendment to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: NEWPORT BEACH CHARTER AMENDMENT t r Shall Article VI of the Table of Contents and ; t Sections 600, 604, 605, 802, 1114, 1115 and r t 1117 of the Charter be amended to abolish the t r separate office of City Treasurer and to vest t t the powers and duties of the City Treasurer t r in the Director of Finance? ' t t r YES NO I N A cross W placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross (-{-) placed in the voting square after the word t t r t t r t t t 0 "NO" as set out above shall be counted against the adoption of the • proposed charter amendment. Should the proposed charter amendment receive a favor- able vote and be approved, Article VI of the Table of Contents • and Sections 600, 604, 605, 802, 1114, 1115 and 1117 of the • Charter shall read as follows: 9 "ARTICLE VI. OFFICERS AND EMPLOYEES Section 600 Officers to be Appointed by the City Council • Section 601 Administrative Departments Section 602 City Attorney. Powers and Duties Section 603 City Clerk. Powers and Duties • • • • • oeetlen - 69�-- 6lty- Tpeasttpep Section 605 Director of Finance Section 606 Administering Oaths Section 607 Department Heads. Appointment Powers Section 608 Illegal Contracts. Financial Interest Section 609 Acceptance of Other Office Section 610 Nepotism Section 611 Official Bonds" "Section 600. Officers to be Appointed by the City Council. In addition to the City Manager, there shall be a City Attorney; and a City Clerk an4- a -Glty zpeasLipep, who shall be appointed by and serve at the pleasure of the City Council and may be removed only upon the affirm- ative votes of a majority of the members of the City Council." " See tlen- 694--- 6!ty- `£peasLipep- -- The -8Ity speasLtpep shall -have -pewee -and -shall -be - pegalped -te:- Fa }-- Reee #se- all- tates7- assessFents;- Ileense - €ees acid- etl3ep- pe�aer�rtes -e €- flee- 6 #tyT- ep- €ep- wisese- eslleet #erg the - GIty- ls- pespenslble; -and - peeelve- all - tares- ep -ethep faeney -pe eelvable -by -tile - 63ty- €peFa- the- GeLinty 7- gtate -ep Fedepal- Ge�epr�s;er�t; - ep- €pegi- ar�y- Eertpt; -ep- €pea -ar�y e € €l eel- degaptaient-r- ep- ageney -e €- flee -6lty. Fb }-- Have- eAstedy -e €- all- gabl #e- €ands- beler�g #rig -te ep- tr�dep- eer�tpel -e €-the - bity -ep -any- a € €lee7- degaptAent ep- ageney- a € -the -GI ty- gesepaFaent -and - deges -it -al l - €ands ee�a =rig- #rite- isle- laar�ds- sr�- srtela- deges�tepy -as - say -be des# grated- by- peselrttler�- a € -the - 6lty- GeLine #l; - app -i€ re- srtela- peaelatier- be- adegted; - tiler- �r- srtela- degas #tepy des #grated -�r- Yip #tlrg -by- tine- 6�ty- A?aragepr- and - #r- eeRpllaree -with- all - a € -the - ppevls lens - a € -tile -state Genstltrttler- and- laws - a € -the -State - gevepr#rg -tile -hard- llrg;- degeslt# rg- ard- seertplrg- e €- grtblle- €rtrds- Fe}-- Blsbrtpse- F.qereys- er- deRards- aadlted -in -the iRarrep- ppevIded- €ep- #r- tie #s- Ghaptep- Fd}-- Fpepape -and - srtbmi t -te- the -B # peetep- a €- Flnanee Faerthly- wpltter- pepepts -e € -all - peeelpts7- d#sbrtpsemerts and -€ rind- balarees;- eeples- a €- whi -eh- pepepts -shall -be € #led -w #tie - the - Glty- Maragep- Fe } -- Pep€ Seal- srtela- etl3ep- drtt #es- eerslstert -wltia -tie #s 8lsaptep- as- x�ay- be -pegrt #pad - a €- laixi- by -epd #ranee -ep -pese- ?rttser- a € -the - Glty- Eertrell- Section 605. Director of Finance. There shall be a Director of Finance appointed by the City Manager and subject to suspension or removal by the City Manager who shall have power and shall be required to: (a) Have charge of cial affairs Manager, and City. of the City be head of the administration of the finan- under the direction of the City the Finance Department of the 3. 1, (b) Compile the budget expense and income estimates for the City Manager. • (c) Maintain a general accounting system for the City government and each of its offices, departments and agencies. • • • • • 'd) Receive all other revenues of the City is responsible, a receivable y the City Government, or from an ment, or agency of the (e) Have custody under control of thie C agency of the ultv gov taxes, assessments, Ci y, or for whose c nd receive all taxes om the County ourt, or from of all public fu tv or anv ofi'ice license fees and of ec ion the or other money ate or Federal office. eDart- s belonging to or epartment or into his nanas in sucn aepository as may De aesignatea oy resolution of the City Council, or, if no such resolution be adopted. then in such deDository designated-in writing e Constitution e State pUU ie (4f) Supervise and be responsible for the disburse- ment of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit, and approve and provide for the be €epe payment? of all bills, invoices,, payrolls, demands or charges against the City government and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges. (erg) See that all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are collected. ( €h) Through the City Manager Ssubmit to the City Council—thpoLigk- ke- 6sty- Managep and to the certified public accountant employed by the City as an indepen e auditor a monthly statement o all receipts arid, is- uursements and fund balances in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report. (gi) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. ��) Assume the title of and act as City Treasurer and wib� e a� pver`oval or etT appoin depu- or action ov a t (hk) Perform such other duties consistent with this Charter as may be required of him by ordinance or resolu- tion of the City Council." 4. 6t "Section 802. Positions included in the System. The civil service system shall include all full time, . regular and permanent positions or employment on the Police and Fire Departments of the City and may, by ordinance, include any other appointive officers or positions in the service of the City except the following: • • • • • 1. All elective officers. 2. City Manager, Assistant City Manager, if any, one private secretary to the City Manager, City Attorney, Assistant City Attorney, if any, City Clerk, E =ty Tpeasupep7 Director of Finance, City Engineer, all Department Heads, and all employees of the Library Department, in- cluding the Librarian. 3. All members of boards and commissions. 4. Positions in any class or grade created for a special or temporary purpose and which may exist for a period of not longer than six months in any one calendar year. 5. Persons employed to render professional, scientific, technical or expert service. 6. Persons who render out pay or who are per diem basis." part -time service with - paid on an hourly or "Section 1114. Presentation of Demands. All claims for damages against the City must be verified and pre- sented to the City Clerk within ninety days after the oc- currence, event or transaction from which the damages allegedly arose, or within such shorter time as is other- wise provided by law, and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sustained. All such claims shall be approved or rejected in writing by order of the City Council and the date thereof given. All other demands against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance within ninety days after the last item of the account or claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an un- exhausted balance of an appropriation against which the same may be charged, he shall approve such demand and dpaw- �# s- wappaa�- ea- �l�e- S�.�y- �peast� pep- �l�epe£ep a -gay- able provide for its payment out of the proper fund. Otherwise he shall reject it. The City Council may overrule any rejection by the Director of Finance and order the demand paid. 9bjeetJens - a € - eke- Bpeetep -s F�xaaee- ray- be- e�eppt� led- by -�l�e- Sid §- 6et�ae #� -aa� -fie wappaat- ep4epe4- 4pawx- The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, and- wappaatr -If -any, to the City Manager. If a demand is one for an item included within an approved budget 5• appropriation, it shall require the approval of the City Manager, otherwise it shall require the approval of the City Council, following the adoption by it of an amend- . ment to the budget authorizing such payment. Any per- son dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, may approve or reject the demand in whole or in part. • • • • Section 1115. Registering Wappants Demands, Wappaats Demands on the City rpeasupep which are no paid for lack of un s shall be registered. All registered wappants demands shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution." "Section 1117. Independent Audit. The City Council shall employ at the beginning of each fiscal year, a qualified certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he shall determine, examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and of all such other officers, employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance;- Tpeasxpep; and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) Section 4. The exact form of the ballot proposition to submit the adoption of the proposed civil service ordinance to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: Q 11 • • • ENACTMENT OF NEW ORDINANCE AND REPEAL OF ORDINANCE NO. 511 RELATING TO CIVIL SERVICE i Shall the new ordinance entitled "AN ORDINANCE OF THE CITY OF NEWPORT BEACH RELATING TO CIVIL SERVICE ", which provides a civil service system under the City Charter and repeals initiative Ordinance No. 511 enacted in 1942, be adopted? YES NO i i N A cross (+) placed in the voting square after the word "YES" as set out above shall be counted in favor of the propo- sition. A cross (+) placed in the voting square after the word "NO" as set out above shall be counted against the proposition. Should the majority of the qualified electors voting on this proposition vote in favor thereof, the ordinance here- inafter set out and entitled "AN ORDINANCE OF THE CITY OF NEWPORT BEACH RELATING TO CIVIL SERVICE" shall be enacted and effective. The text of the proposed civil service ordinance is as follows: 7• "ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH • RELATING TO CIVIL SERVICE The people of the City of Newport Beach do ordain as follows: • SECTION 1. DEFINITIONS. The following terms, whenever used in this ordinance, shall be construed as follows: "Acting appointment ". The temporary appointment of a person to a position in a class for which there is no employment list; to a position occupied by a regular employee on suspension as provided in Section 7(e) of this ordinance; or to a position occupied by a probationary or regular employee who is on a leave of absence. "Allocation ". The assignment of a single position to the proper class in accordance with the specifications for that class. "Applicant ". A person whose application for employ- ment has been accepted, but who has not yet taken part in the selection procedure for a class. "Board ". The Civil Service Board established pursuant to this ordinance and the Newport Beach City Charter. "Candidate ". An applicant who is participating in the selection procedure for a class. "Certification ". The act of notifying a department head of the candidates whose names appear on employment lists as set forth in Section 9(f) of this ordinance. • "City ". The City of Newport Beach. "City Charter ". The City Charter of the City of New- port Beach. "City Council ". The City Council of the City of New- port Beach. "Class ". A group of positions sufficiently similar in duties, responsibilities, authority, and minimum qualifications 7u for employment to permit combining them under a common title • and the equitable application of common standards of selection and compensation. "Class Specifications ". A written description of a class, setting forth factors and conditions which are essential characteristics of positions in the class. "Continuous service ". The service without break or interruption of an employee having a probationary or regular appointment. "Copyrighted or standardized tests ". Written exami- nations which are used by agencies other than the City of New- port Beach. "Demotion ". The reduction of an employee from a position in one class to a position in another class which has a lower maximum rate of compensation. M "Department head ". An employee who is the head of an established office or department. "Discharge ". The termination of a regular employee pursuant to Section 14 of this ordinance. "Eligible ". A person whose name appears on an employ- ment list. "Employee ". A person legally occupying a position. "Employment lists ". As described in Section 9 of this ordinance, a list of the names of candidates who are eligible for probationary appointments to positions in a particular class. "Entrance -level position ". A position in the first or beginning class in a series of classes which have increasingly • responsible duties and progressively higher minimum qualifica- tions and compensation. "Exempt position ". Those positions which either are • specifically excluded by the City Charter from the Civil Service System or which are not included in the system in accordance with Section 2 of this ordinance. M "Layoff ". As an economy measure, the separation of • an employee because of lack of work or lack of funds. "Open recruitment ". A recruitment that is not re- stricted to City employees. . "Original appointment ". A person's first appointment as an employee of the City of Newport Beach. "Permanent position". A position that is expected to exist indefinitely. "Position ". A combination of current duties and responsibilities assigned to a single employee and performed on either a full -time or part -time basis. "Probationary status". The status of a person who has acquired a probationary appointment. "Probation period ". A working test period that is part of the selection process and during which an employee is required to demonstrate his fitness for the duties of the pOsi- tion to which he has been assigned by actual performance of such duties. "Promotion ". The advancement of an employee from a position in one class to a position in another class which has a higher maximum rate of compensation. "Promotional recruitment ". A recruitment that is restricted to City employees. "Reallocation ". The reassignment of a single position in a class to a different class on the basis of a change in the duties and responsibilities of the position. "Reassignment ". The change of an employee by a depart- "Recruitment ". The process of attracting qualified • persons to participate in a selection process for a class. "Regular employee". An employee who has successfully completed his probationary period in a position. 10. ment head from a position in a class to another position in the same class. "Recruitment ". The process of attracting qualified • persons to participate in a selection process for a class. "Regular employee". An employee who has successfully completed his probationary period in a position. 10. ?v "Regular status ". The status of an employee who has • acquired a regular appointment. "Reinstatement ". The re- employment of a former employee. "Rejection ". The separation from the City service of • an employee who does not successfully complete his probation period in a position and who does not have regular status in another position in a different class; or, the reduction of an employee who did not successfully complete his probation period in a position to another position in a different class in which he has acquired regular status. "Resignation ". An employee's voluntary separation. "Rules and Regulations ". The Civil Service Rules and Regulations adopted pursuant to this ordinance. "Selection ". The process of evaluating the qualifica- tions of candidates through one or more techniques. "Separation ". The termination of an employee's service with the City. "Suspension ". The temporary separation of an employee as a disciplinary action. "System ". The Civil Service System created in accord- ance with this ordinance and the Newport Beach City Charter and including only those positions to which the provisions of this ordinance apply. "Temporary position ". A position of limited duration. "Transfer ". A change of an employee from one position to another position in the same class or in another class having the same maximum salary rate, involving the performance of basic- ally similar duties, and requiring substantially the same mimimum qualifications. "Vacancy ". A position that is not occupied by an em- ployee having either a probationary or regular appointment. SECTION 2. ESTABLISHMENT OF CIVIL SERVICE SYSTEM. Pursuant to Article VIII of the City Charter, all full- time, regular, and permanent positions and employment in the 11. 7; Police and Fire Departments are included in the System, except those positions excluded by Section 802 of the City Charter. The City Council by ordinance may include in the System positions in other departments. • SECTION 3. PURPOSE OF SYSTEM. The purpose of the System is to establish an equitable and uniform procedure for dealing with personnel matters; to attract to the City service the most competent persons available; to assure that the appointment and promotion of employees will be based on merit and fitness; and to provide reasonable security for employees. SECTION 4. CREATION OF A CIVIL SERVICE BOARD. There is hereby established a Civil Service Board con- sisting of five members to be appointed by the City Council in accordance with the City Charter. Each of the members shall be a person of good repute in his business, profession or occupa- tion and known to support civil service principles in the public service. SECTION 5. RESPONSIBILITIES AND AUTHORITY OF BOARD. The functions of the Board shall be: (a) Meetings. To determine the order of business for the conduct of its meetings; to hold regular meetings at least once a month and such special Re etings as are necessary on call of the chairman or a majority of the members of the Board, and to keep a record of its proceedings and transactions. A majority of the members of the Board shall constitute a quorum for the transaction of business. • (b) Rules and Regulations. To recommend to the City Council, after approval by the City Attorney and after a . public hearing thereon, the adoption, amendment, or repeal of Rules and Regulations to 'implement the provisions of this ordinance. After adoption by motion of the City Council, such Rules and Regulations shall have the force and effect of law. 12. (c) Appeals. To receive and hear appeals sub- mitted by any person or any applicant or candidate for.a posi- tion in the City employment relative to original appointment, promotion, dismissal, demotion, suspension and other discip- linary actions; the alleged violation of this ordinance or the Rules and Regulations; and to certify its findings and recommendations as provided in this Ordinance. (d) Advisory role. To act in an advisory capac- ity to the City Council on personnel administration in the City service. (e) Recruitment and selection. Subject to the provisions of this ordinance and the Rules and Regulations, to establish policies and approve procedures for the recruitment and selection of Civil Service personnel, including, but not limited to, the posting of recruitment notices, the preparation and scoring of examinations, and the establishment and certifi- cation of employment lists. (f) Investigations. To make any investigation concerning the administration of personnel in the City service and report its findings to the City Council and City Manager when requested to do so by the City Council, the City Manager or by any organized City employees' association. In any investigation or hearing it conducts the Board shall have the authority to examine witnesses under oath and to compel their attendance or the production of evidence before it by subpoenas issued in the name of the City and at- tested by the City Clerk. It shall be the duty of the Police • Chief to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoenas . shall subject said person to prosecution in the same manner set forth by law for failure to appear before the City Council. Each member of the Board shall have the power to administer oaths to witnesses. 13. -,'4 11 0 • 0 SECTION 6. RESPONSIBILITIES AND AUTHORITY OF CITY MANAGER. The City Manager shall be responsible for the follow- ing: (a) Rules and Regulations. Preparation of amend- ments to the Rules and Regulations for recommendation to the Board. The City Attorney shall approve the legality of such amendments prior to their submission by the Board to the City Council for its approval. Rules and Regulations shall be adopted by motion of the City Council. (b) Class Specifications. Subject to approval by the Board, the preparation and revision of class specifica- tions for positions included in the System. (c) Personnel procedures. Administration of Board policies and procedures within the framework of this ordi- nance and the Rules and Regulations, including: 1. Public announcement of vacancies and examinations and the review of applications for employment. 2. Preparation and conduct of examinations and the establishment and use of employment lists. 3. Certification and appointment of eli- gibles. 4. Evaluation of employees during proba- tion periods and periodically thereafter. 5. Appointment, transfer, promotion, de- motion, rejection, layoff, dismissal, and re- instatement of employees. 6. Allocation of positions to classes on the basis of duties, responsibilities and minimum qualifications. ords. 7. Maintenance and use of personnel rec- 14. �s 8. Maintenance of effective communica- tions between employees and their supervisors; • between employees and the City Manager; and between employees and the Board relative to con- ditions of employment. • SECTION 7. APPOINTMENTS. (a) General policy. Appointments shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Appointments shall be made from em- ployment lists by the department head on approval of the City Manager. (b) Employment lists. Subject to the provisions of this ordinance with respect to re- employment lists and the selec- tion of the Police and Fire Chiefs, when an appointment is to be made the names of the highest three eligibles willing to accept appointment shall be certified to the department head in the order in which they appear on the appropriate employment list and the appointment shall be limited to these eligibles. 15. (c) Acting appointments. In the absence of an em- ployment list for a class, a vacant position in that class may be filled by an acting appointment. No credit shall be allowed in any examination or the establishment of any employment list for service rendered under an acting appointment. (d) Temporary positions. Appointments to temporary positions need not be made from employment lists. (e) Appointment during suspension. During the period of suspension of a regular employee from a position or pending final action on proceedings to review the suspension, demotion, or dismissal of a regular employee, the position may be filled by only an acting appointment. (f) Transfers. With the approval of the City Manager, an employee may be transferred from one position to another. 15. -I 1 Transfers shall not affect in any way the status, rights and privileges of an employee under this ordinance. • (g) Reinstatements. Provisions governing the rein- statement of a former employee shall be provided in the Rules and Regulations. 0 SECTION 8. RECRUITMENT AND SELECTI (a) Recruitment. Recruitments shall be specified by the Board as promotional or as open. Insofar as practicable and consistent with the best interests of the City service, all vacancies shall be filled by promotion. (b) Selection. 1. The scope of an examination for a class shall be approved by the Board and stated in the examination announce- ment. It may consist of any one or a combination of the follow- ing techniques: written, oral, and demonstration tests; an appraisal of education and experience; and any test of manual skills or physical fitness which fairly evaluates the candidates. 2. A probation period as established in the Rules and Regulations shall apply to all appointments to posi- tions included in the System except acting appointments. Suc- cessive probation periods in a position shall not be allowed. In the event of promotion to a position in a higher class and at any time within his probation period in that position, an employee may be rejected by the department head and reduced to the position he occupied prior to such promotion without right of appeal to the Board, provided he had acquired regular status in such former position. If the employee had not acquired regu- lar status in the System,prior to such promotion, he may be dis- cl'aiged without right of appeal to the Board. SECTION 9. EMPLOYMENT LISTS. • (a) Priorities. Priority for consideration for em- ployment shall be given to employment lists in the following order: re- employment lists, promotional employment lists, and open employment lists. 16. �h (b) Re- employment lists. The re- employment list for a class shall consist of the names of the following: • (1) Layoff. Regular employees who have been laid off for lack of work or lack of funds. (2) Position reallocation. Regular employees whose positions in a class have been reallocated to a class with a lower maximum rate of compensation. Such names shall be placed on the list in reverse order of layoff or position reallocation. The order of layoff or position reallocation shall be on the basis of inverse em- ployee seniority in the class. (c) Promotional employment lists. Promotional em- ployment lists shall consist of the names of City employees who have been successful in a promotional recruitment and examination. (d) Open employment lists. Open employment lists shall consist of the names of all candidates who have been suc- cessful in an open recruitment and examination. (e) Layoffs. The names of probationary employees who are laid off or reduced in rank for lack of work or lack of funds shall be restored to the same promotional or open employ- ment list from which the original appointment was made and in the same order as when the original appointment was made. (f) Certification. Certification shall be made in conformance 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 va- unless he possesses the minimum qualifications set forth in the class specifications for that position. 17 cancy to be filled. Names on promotional or open employment lists shall not be certified if a re- employment list for the class exists. . 2. Except for acting appointments, no person may be appointed or transferred to any position in the System unless he possesses the minimum qualifications set forth in the class specifications for that position. 17 (g) Duration of employment lists. The duration of employment lists shall be as prescribed in the Rules and Regu- lations. SECTION 10. SELECTION OF POLICE AND FIRE CHIEFS. (a) Intent. It is the intent of this section that . vacancies in the positions of Police Chief and Fire Chief be filled by the best qualified persons available as determined by competitive examination. Qualifications being substantially equal, preference shall be given to candidates in the Newport Beach Fire and Police Departments who qualify under the selection process herein described. This section shall not be construed to include the positions of Police Chief and Fire Chief in the System. (b) Selection process. The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the candidates whose names appear on an open employment list for the class. Such list shall be created as a result of an examination consisting of a written test weighted at 50 per- cent and a qualifications appraisal weighted at 50 percent. The minimum qualifying score on each phase of the examination shall be 70 percent. The written test shall be prepared by a profes- sional personnel agency designated by the City Manager with the approval of the Civil Service Board. The qualifications appraisal board which inter- views candidates successful on the written test shall consist W of the following: (1) The Chairman and one other Board member • selected by the Board. (2) Two chiefs selected by the Board from • other police or fire departments in cities with populations comparable to Newport Beach. (3) One person selected by the City Manager. W The scope of the written test and the factors to be rated by the qualifications appraisal board shall be jointly established • by the City Manager and the Board. In order to be eligible to compete in the selec- tion process for Police Chief or Fire Chief, all candidates • must possess the minimum qualifications set forth in the class specifications. Such class specifications shall be prepared by the City Manager with the approval of the Board. SECTION 11. EXAMINATION ANNOUNCEMENTS. Examination announcements shall be posted not less than two weeks prior to the final date for submitting applications. Such posting shall be in a conspicuous place at the City Hall, at the office of the appropriate department, and at such other places as the Board deems appropriate. SECTION 12. INSPECTION OF EXAMINATION PAPERS. (a) In general. The examination papers of candidates are not subject to inspection by the public. Upon request made within seven days after the notices of the examination results have been mailed, any candidate may inspect his own examination papers, including the questions and his answers, excepting copyrighted or standardized tests. On copyrighted or standard- ized tests the candidate may review the accuracy of scoring and computations by comparing his answer sheet with the key answer sheet. The written comments of a qualifications appraisal board and the written evaluation of a psychiatrist, if any, shall not be reviewed by the candidate; on request of the candidate, his rating by the qualifications appraisal board • shall be summarized for his information. (b) Review procedure. If the candidate believes an error has been made in the grading of his examination or in the • credit given to him, he may within twelve days after the mail- ing of examination results make written application to the Board for a review; provided, however, that in such application 19. he must state specifically and particularly wherein he believes an error has been made • Upon receipt of such application and in no case later than its next regular meeting, the Board shall examine the candidate's papers and grades. Any error or injustice shall be corrected, and any change in the order of standing of candidates as a result thereof shall be made by the Board. No appointments shall be made from the employment lists until the Board has acted upon such application. The Board's decision shall be final. SECTION 13. EMPLOYMENT CONDITIONS. (a) Applications. The Board shall have the right to require all applicants to submit applications, agreements, or statements pertinent to their employment. (b) Exempt positions. Where there is no actual break in continuous service, an employee having probationary or regular status in a position in the System who is appointed to an exempt position shall retain such status in the Civil Service position. Upon vacating the exempt position, the employee shall on his request be restored to his former status in the position unless the reason for such vacating is sufficient grounds for discharge from the City service as described in this ordinance. This provision shall not apply to an employee who resigns from a position in the System and, without a break in his continuous service with the City, is appointed to an exempt position. SECTION 14. EMPLOYEE APPEALS. The Board shall convene • in regular or special meetings for the purpose of reviewing appeals of regular employees as follows: Any regular employee in the System who has been suspended, demoted, or discharged • may, within a period of five days after such action, request of the department head a written statement of the reasons for such action. The department head shall furnish such statement within 20. five days thereafter. The employee may, within ten days there- after, file a written answer to such reasons with the Board. is The Board shall within fifteen days investigate the case and shall schedule a hearing. The hearing shall be a closed hearing at the request of the employee. SECTION 15. DEMOTION, SUSPENSION AND DISCHARGE. Em- ployees in the System may be demoted, suspended, or discharged only on the following grounds: Incompetency; inefficiency; dishonesty; misconduct; insubordination; or failure to ob- serve departmental or City rules and regulations. SECTION 16. HEARINGS. (a) In general. Board hearings need not be conducted according to technical rules relating to evidence and witnesses. (b) Right of counsel. The employee may be represented by counsel and shall have the right to produce witnesses to testify in his behalf. The Board shall issue subpoenas and compel the attendance of all witnesses. (c) Modification of department head's action. The Board may modify or revoke a disciplinary action only on the following grounds: 1. The facts do not justify the action taken. 2. A substantive violation or omission of pro- cedure was made. 3. The action taken was unreasonable, capri- cious or arbitrary in view of the offense, the cir- cumstances surrounding the offense, and the past the period of time between the date of such disciplinary action and the date of the Board's final decision as set forth in Section 16 (e) hereafter. 21. record of the employee. • (d) Reimbursement for loss of pay. An employee shall be reimbursed for a loss of pay arising from a disciplinary action against him to the extent that it is subsequently revoked • or modified by the Board. Reimbursement shall be confined to the period of time between the date of such disciplinary action and the date of the Board's final decision as set forth in Section 16 (e) hereafter. 21. (e) Findings. The Board shall certify copies of its findings and decisions to the City Manager, the department head • from whose action the appeal was made, and the appellant employee. The Board's decision shall be final. SECTION 17. POLITICAL ACTIVITIES. • (a) Political activities prohibited. Any person oc- cupying a position included in the System shall not: 1. Take an active part in a County of Orange or City political campaign. 2. Act as a worker at the polls or distribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election or nomination to a County of Orange or City office. (b) Activities not affected. This ordinance does not prohibit any person occupying a position included in the System from: 1. Becoming or continuing to be a member of a political club or organization. 2. Attending a political meeting. 3. Enjoying complete freedom from interference of any kind in casting his vote. 4. Seeking or accepting election or appointment to a public office while on leave of absence. 5• Seeking signatures to any initiative or referendum petition directly affecting his rates of compensation, hours of work, retirement, or other conditions of employment. 6. Distributing badges, pamphlets, dodgers, • or handbills, or other activities in connection with such petition if not carried on during his hours of • work or when he is dressed in the uniform required in his City department. 22. • E SECTION 18. STATUS OF PRESENT EMPLOYEES. Any em- ployee who, prior to the effective date of this ordinance, attained probationary or regular status in the System shall retain such status. Employees in permanent positions in the Police and Fire Departments on such date who had not previously been considered as being in the System shall on such date be presumed to have completed their probation periods and shall acquire regular status in the System. SECTION 19. SEVERABILITY. If any provision of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining pro- visions. SECTION 20. CONFLICTING LEGISLATION. (a) Conflicts with City Charter. In the event of any conflict between this ordinance and the City Charter, the provisions of the City Charter shall prevail. (b) Conflicting ordinances. Ordinance No. 511 is hereby repealed. SECTION 21. CODIFICATION AND AMENDMENT. This ordi- nance may be codified by the City Council in a single chapter of the Newport Beach Municipal Code, but may not be repealed or amended except by a majority vote of the electors voting thereon at any general or special municipal election. A major- ity of two - thirds of the electors voting thereon is necessary for the approval of any amendment or repeal that withdraws any department, officer or employee from the System. SECTION 22. PENALTY FOR VIOLATION. Any person who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the Newport Beach Municipal Code for violations of said code. SECTION 23. EFFECTIVE DATE. This ordinance shall be effective ten days after the canvassing board determines that it was adopted by a majority vote of the electors voting thereon at the special municipal election called for November 4, 1958." 23. • n LJ LJ Section 5. The precincts, polling places, election officers and hours for the polls to be open shall be the same as those established and announced by the Board of Supervisors for the general election to be held on the same date and which Is a state -wide election. Section 6. The City Clerk is authorized and directed to file a certified copy of this resolution with the Board of Supervisors and one with the County Clerk, to publish notice of said election, to publish a synopsis of the two measures to be voted on at least twice before the date of said election, to pub- lish the entire text of the proposed charter amendment, along with the explanation of the strike -out and underline type, not less than 40 nor more than 60 days before the date of said elec- tion, to publish the entire text of the proposed civil service ordinance within 15 days after its adoption, to cause the text of the proposed civil service ordinance to be printed and a copy thereof enclosed in an envelope and mailed to each voter with a sample ballot at least 10 days prior to the election, to fix a date after which no arguments for or against the measures may be submitted, to receive and prepare for distribution and distribute to the qualified electors with said sample ballot an argument for and an argument against each measure, to assign to the proposed civil service ordinance the next consecutive ordi- nance number, if said ordinance is adopted by the electors, to assist and cooperate with the County Clerk with respect to the special municipal election and to perform such other acts as are necessary to present the two measures to the qualified electors. I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Newport Beach at its meeting held on the 25th day of August, 1958, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN ATTEST: ABSENT COUNCILMEN: MARGERY SCHROUDER City Clerk JAMES B. STODDARD 24. Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) • I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4860 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 25th day of August 1958, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN* ABSENT, COUNCILMEN: Hart, Lorenz, Kingsley, Atkinson, Higbie, Stoddard None Somers Dated this 28th day of August , 1958. City Clerk And Ex- Otticio Clerk of the City Council, City of Newport Beach, State of California.