Hawthorne Municipal Code Ch. 2.18 Civil Service Commission

There is created, continued and established a civil service commission composed of five members, each member of the present civil service commission continuing in office for the balance of his or her unexpired term.

(Prior code § 2-330)

The civil service commission shall act as a personnel board, board of review, hearing board, personnel appeal board, and as a governmental agency with powers as specified in the provisions of this chapter.

(Prior code § 2-331)

The mayor shall nominate all commissioners from the citizens at large, and such nominations shall be ratified and confirmed by a majority vote of the city council. Members of the commission shall serve at the pleasure of the city council and may be removed from office without cause, notice or hearing, by majority vote of the city council. A vacancy shall automatically occur in the office of any member who files or causes to be filed, or who consents to the filing of nomination papers nominating such officer for an elective office of the city, or who without excuse fails to attend three consecutive commission meetings. All members of the commission shall be qualified electors of the city.

(Ord. 1526 § 4, 1992; Ord. 1806 § 3, 2005; Ord. 2238 § 4, 2023)

A. The members of the commission shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member's term has commenced or occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member's removal before other members whose term has expired.

B. The members of the commission who have served one term of four consecutive years may be reappointed pursuant to Section 2.18.030 of this chapter after ceasing to be a member of the commission for more than ninety consecutive days. If such member of the commission is reappointed pursuant to Section 2.18.030, the one term of four consecutive years begins anew.

(Ord. 2238 § 4, 2023; Ord. 2246, 12/12/2023)

A. All members of the commission shall be qualified electors of the city.

B. No person shall be appointed to the civil service commission who holds a position in the classified service or is a salaried public officer or employee of the city.

C. No former employees of the city, regardless of their former position or classification shall be appointed to the civil service commission.

D. No former elected city official who within the past ten years served as city council member, city clerk or city treasurer shall be appointed to the civil service commission.

E. No person who was in law enforcement as a police officer or a sheriff deputy within the past ten years shall be appointed to the civil service commission.

F. No person who has a conviction for bribery, perjury, forgery, malfeasance in office or any other crimes of moral turpitude shall be appointed to the civil service commission.

(Prior code § 2-334; Ord. 2213 § 2, 2021)

The members of the civil service commission shall be compensated in an amount established by resolution or budget of the city council.

(Prior code § 2-335)

The members of the commission shall elect by majority vote a chairperson and vice chairperson for a period of one calendar year or for that portion of the calendar year remaining after he or she is elected. After the chairperson and the vice chairperson have served the term specified herein, the vice chairperson shall become the chairperson and the remaining members shall elect a new vice chairperson. The previous chairperson shall not be eligible to be a vice chairperson. This rotation of the chairperson and vice chairperson shall repeat after each one-year term. The members are not required to serve as a chairperson or as vice chairperson and may decline to take such positions, in which case, the position would go to the next member yet to serve as the chair or vice chair.

(Prior code § 2-336; Ord. 2238 § 4, 2023)

Regular meetings of the commission shall be held the first and third Thursday of each and every month in the Council Chambers of the City Hall at a time designated by the chairperson or two commissioners by delivering notice to each member at least twenty-four hours before the meeting and written notice at least twenty-four hours in advance to all media of public information requesting same. Written notice may be dispensed with if all commissioners appear at the meeting or file written consent to the meeting with the secretary. At any special meeting the commission shall act only on matters referred to in the notice or consent.

(Prior code § 2-337)

Three members of the commission shall constitute a quorum for the transaction of business and no action may be taken by the commission unless it is concurred in and adopted by the affirmative votes of at least three members of the commission.

(Prior code § 2-338)

All meetings of the commission and all hearings required to be held by the commission, either in its capacity as a personnel board, trial board or board of review, shall be public except in the following instances:

A. In a hearing for punitive action, when the accused or defendant demands secrecy, the proceedings shall be private;

B. In the conducting of investigations wherein no disciplinary action may result, the commission may in its discretion, hold private hearings;

C. Members of the city council, the secretary of the civil service commission, the city manager and the city attorney may be present at all hearings whether public or secret.

(Prior code § 2-339)

The human resources manager shall be the custodian of all personnel records and shall be the official with whom all notices, requests for hearings, communications and other official documents shall be served or filed.

The human resources manager shall cause to be established and maintained in convenient form a roster of officers and employees in the classified service. He or she shall also have prepared a record of the length of service of each officer and employee in the classified service, together with a concise statement of all duties being performed, the salary being paid, the history of employment, promotion and classification while in the classified service. He or she shall render such additional services in connection with the civil service system as may be required by the civil service commission.

(Prior code § 2-340; Ord. 1046 § 3, 1973; Ord. 1952 § 1, 2009)

The human resources manager or designee shall cause accurate minutes of the activities of the civil service commission, except secret hearings unless requested by the commission, to be maintained. Minutes shall include the following subject matter:

A. The time and place of each meeting of the commission;

B. The names of the commissioners present;

C. All official acts of the commission;

D. The votes given by commissioners except when the action is unanimous;

E. A summary of all proceedings before the commission.

(Prior code § 2-341; Ord. 1046 § 4, 1973; Ord. 1952 § 1, 2009)

Except for the minutes, all personnel records maintained by the human resources division shall be strictly confidential and not available for inspection except under the following conditions:

A. When requested by the city manager, city attorney or appointing power as an aid in properly performing his or her duties and responsibilities;

B. Any person misusing the confidential records of the civil service system is guilty of misfeasance or malfeasance in office, and, if a member of the classified service, shall be subject to immediate dismissal or other punitive action.

(Prior code § 2-342; Ord. 1046 § 4, 1973; Ord. 1952 § 1, 2009)

The human resources manager shall have full and complete control of any and all personnel matters excepting only such as have been delegated to the civil service commission. In addition to duties that may be prescribed from time to time by the city manager, the human resources manager shall:

A. Handle any and all matters relating to the personnel of the city both in classified service and nonclassified service;

B. Attend to all meetings in which personnel matters may be effected;

C. Perform all duties and responsibilities as provided for in this code or the laws of the state.

(Prior code § 2-343; Ord. 1046 § 5, 1973; Ord. 1952 § 1, 2009)