Colton Municipal Code Ch. 2.48 Civil Service System

The City Council expressly finds it to be in the best public interest to amend and revise the civil service system as heretofore adopted by the City Council and to continue the same as amended and revised in this chapter.

(Ord. 0-03-00 § 1, 2000)

A. The City Manager Shall appoint, upon Approval of the City Council, a Human Resource Director whose duty it Shall be to Act in the capacity of a Secretary and Clerk for the Civil Service System. He or she Shall be the custodian of all personnel records and Shall be the official upon or with whom all Notices, requests for hearings, complaints and other official documents Shall be served or filed.

B. The Human Resource Director Shall establish and maintain in card index form a roster of officers and Employees in the competitive service. He or she Shall also prepare a record of the length of service of each officer and Employee in the competitive service, together with a concise statement of all duties being performed by the officer or Employee, the salary being paid, and the hours of work of the Employee. He or she Shall render such additional services in connection with such civil service system as May be requested by the City Council or City Manager.

C. The duties of the office of the Human Resource Director May be combined with those of any other office in the event the work involved does not warrant, in the description of the City Council, the creation of a special position.

(Ord. 0-03-00 § 2, 2000)

The Human Resource Director Shall:

A. Attend all meetings of the personnel board and serve as its secretary.

B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council or Personnel Board.

C. Prepare and recommend to the Council revisions and amendments to the personnel rules. The City Attorney Shall approve the legality of such revisions and amendments prior to their submission to the Council.

D. Prepare a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, Shall become effective upon Approval by the Council.

E. Prepare a plan of compensation, and revisions thereof, covering all classifications in the City except elective positions. The plan, and any revisions thereof, Shall become effective upon Approval by the Council.

F. Publish or post Notices of examinations for positions in the competitive service; to receive Applications therefor; to certify to the Human Resource Director a list of all Persons eligible for appointment in the appropriate class in the competitive service.

(Ord. 0-03-00 § 3, 2000)

There is created a civil service board, to consist of the mayor and the city council. The mayor shall be the chair of the board.

(Ord. 0-03-00 § 4, 2000)

(Ord. No. O-01-20, § 2, 2-4-2020)

The civil service board shall hold meetings at such time and place within the city as shall be designated by the chair of the board. Any regular meeting may be adjourned to a time certain and to a place designated by the chairman. In addition, the board may hold special meetings upon the call of the chair or any three members of the board. Three members of the board shall constitute a quorum for the transaction of business.

(Ord. 0-03-00 § 5, 2000)

(Ord. No. O-01-20, § 3, 2-4-2020)

Hearings conducted by the civil service board shall be public, unless the board shall determine that a private hearing is necessary to secure all the facts in the case. Whenever such a finding is made, the board may limit attendance at the hearing to the members of the board, officers from whose action the appeal was taken, and such witnesses and other persons as the board may require to be present. The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(Ord. 0-03-00 § 6, 2000)

A. The civil service board shall determine the order of business for the conduct of its meetings, and shall meet on call of the chair or of a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the transaction of business.

B. The function of the civil service board shall be:

1. As provided by this chapter and by the personnel rules, to hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, or alleged violation of this chapter or the personnel rules and to certify its findings and recommendations as provided in this chapter.

2. In a hearing conducted by the board, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the police chief or his or her designee to cause all such subpoenas to be served and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the council. Each member of the civil service board shall have the power to administer oaths to witnesses.

3. Employees represented by a recognized employee organization that has negotiated a separate grievance and disciplinary appeal procedure with the city shall be subject to the appeal rights contained therein and not to any appeal right or process set forth in this chapter.

(Ord. 0-03-00 § 7, 2000)

(Ord. No. O-01-20, § 4, 2-4-2020)

A. Any permanent, full-time employee in the competitive service, other than an employee represented by a recognized employee organization that has negotiated a separate grievance and disciplinary appeal procedure with the city, who has had any disciplinary action, dismissal or reduction in pay, or who alleges a violation of this chapter or of the personnel rules, shall within ten days after receiving the final decision to implement such action or within ten days of when the employee discovered or should have discovered through due diligence the alleged violation, may file a written demand with the city manager requesting a hearing before the civil service board. The civil service board shall then investigate the case (by means of reports/testimony/merits of the case) and otherwise conduct a hearing as provided in this chapter and by the rules.

B. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages.

(Ord. 0-03-00 § 8, 2000)

(Ord. No. O-01-20, § 5, 2-4-2020)

A. Any permanent, full-time employee in the competitive service, other than those represented by a recognized employee organization that has negotiated a separate grievance and disciplinary appeal procedure with the city, shall have the right to appeal to the civil service board relative to any disciplinary action, dismissal, demotion or alleged violation of this chapter or the personnel rules; except in instances where the right of appeal is prohibited by this chapter. Thereupon, the board shall conduct such investigation or hearing as it may deem appropriate. Any such hearing need not be conducted according to technical rules relating to evidence and witnesses.

B. In any investigation or hearing under this chapter, the civil service board may delegate its authority to conduct said investigation or hearing to an ad hoc committee or hearing officer. In such event, the committee or hearing officer shall preside at and conduct the hearing. At the conclusion of said hearing, the committee or hearing officer shall certify findings and recommendations to the board. The board may then adopt, reject, or modify said findings and recommendations, or it may send the matter back to the committee or hearing officer for further investigation.

C. Upon conclusion of the hearing, or upon receipt of findings and recommendations from a committee or hearing officer, the board shall issue its written judgement on the matter, and said action taken shall be final.

(Ord. 0-03-00 §9, 2000)

(Ord. No. O-01-20, § 6, 2-4-2020)

Officers and Employees in the civil service or merit system of the City May take an active Part in any campaign for or against a candidate for or in any elective office or for or against any ballot measure or proposition.

(Ord. 0-03-00 §10, 2000)

No Person in the competitive service, or seeking admission thereto, Shall be employed, promoted, demoted, or Discharged, or in any way favored or discriminated against because of race, religious creed, color, national origin, ancestry, physical handicap, age, sex, or political opinions or affiliations.

(Ord. 0-03-00 §11, 2000)

A. No officer, agent, clerk, or Employee, under the government of the City, and no candidate for any City office, Shall directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this chapter.

B. No officer or Employee in the competitive service Shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions, from any Person other than an officer or Employee in the competitive service.

(Ord. 0-03-00 §12, 2000)

The Council Shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(Ord. 0-03-00 § 13, 2000)

Any Person, firm or corporation violating any of the provisions of this chapter (as determined by the City Council), Shall be deemed guilty of a misdemeanor and upon a conviction thereof Shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six Months or by both such fine and imprisonment.

(Ord. 0-03-00 § 14, 2000)

The provisions of Sections 2.48.010 through 2.48.140 Shall apply to all official positions and employments in the service of the City except all Department Heads hired after June 5, 2001.

(Ord. 0-07-01 § 1, 2001)