Part 1 — Personnel System[Added by Ord. 72-9]

This Part may be cited and referred to as the Personnel Ordinance of the City of Lakewood.

In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best, most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of security for the qualified employees, the following personnel system is hereby adopted.

The personnel provisions, rules and regulations of this part shall be administered by the City Manager under the direction and control of the City Council.

Except as otherwise specifically provided, the provisions of this Part shall apply to all officers, positions and employees in the service of the City, except:

• A. Elective Officers.

• B. Members of appointive Boards, Commissions and Committees.

• C. The City Manager and City Attorney. [Amended by Ord. 2000-6]

• D. Persons engaged under contract to supply expert, professional, technical or other services.

• E. Volunteer personnel.

• F. Emergency employees who are hired to meet the immediate requirements of any emergency condition, including extraordinary disasters, such as fire, flood or earthquake threatening life or property.

• G. Part-time employees who are employed less than full time, hereby defined as an employee who is expected to or does work on an hourly basis whose employment is authorized by departmental budgets, in accordance with temporary, seasonal or as needed basis.

Notwithstanding the provisions of this Section, and unless otherwise provided by contract or agreement, the provisions of this Part and of any personnel rules and regulations relating to attendance, leaves, assignment and use of City property shall apply to the City Administrator and City Attorney.

There is hereby created a Personnel Appeals Board to consist of the five members of the City Council. As such, it shall have all of the powers subject to all of the duties and restrictions imposed upon the legislative body and shall have the power of subpoena pursuant to Section 37104, et seq. of the Government Code. The

City Clerk, or authorized Deputy, shall serve as the Secretary of the Personnel Appeals Board, shall attend all meetings, maintain a record of the proceedings, issue subpoenas, and administer oath to witnesses. The Mayor, or such other member of the City Council as shall be selected by a majority of the Personnel Appeals Board shall serve as the Chairman of the Personnel Board.

The Personnel Appeals Board shall determine the order of business for the conduct of its meetings and shall meet on call of the Chairman or 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. Except as otherwise adopted by the Board, the rules and regulations adopted by the City Council for the transaction of its business shall apply to all meetings of the Board. The Board shall hear appeals submitted by any person in the classified service relative to any disciplinary action, dismissal, demotion, charge or discrimination, or alleged violation of this Part, and shall certify its findings and recommendations. The findings and determination of the Board shall be final.

Personnel rules and regulations, compensation and classification plans shall be adopted by Resolution of the City Council after notice of such proposed action has been publicly posted in the City Hall at least five days prior to City Council consideration. The rules shall establish regulations governing the personnel system including, but not necessarily limited thereby, the following:

• A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications from each class.

• B. Preparation, revision and administration of a plan of compensation, directly correlated with the position classification plan, providing a rate or range of pay for each class.

• C. Public announcement of all examinations and acceptance of applications for employment.

• D. Preparation and conduct of examinations and the establishment and use of resulting lists containing names of person eligible for employment.

• E. Evaluation of employees during the probationary period.

• F. Transfer, promotion, demotion, reinstatement, disciplinary action and lay-off of employees in the classified service.

• G. Separation of employees from the City service.

• H. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training.

• I. The establishment of adequate personnel records.

• J. The establishment of grievance and appeal procedures.

Appointments to vacant positions in the classified service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness, to be ascertained so far as practicable by competitive examination. Examination may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualification of candidates, such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination of these or other tests that are job related. Physical and mental tests may be given as part of any examination. The probationary period shall be considered an extension of the examination process.

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be terminated, demoted or transferred at any time without the right of appeal or hearing.

Any person holding a position included in the classified service who on the effective date of the Ordinance enacting this Part shall have served continuously in such position, or in some other position in the classified service for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status, in the classified service in the position held on such effective date without qualifying examinations and shall thereafter be subject in all respects to the provisions of this Part and the personnel rules and regulations. All other persons holding positions in the classified service shall be regarded as probationers who are serving out the balance of their probationary period as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

The City Manager shall consider and make recommendation to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system.

No City officer or employee shall enter into the duties of his office until he has taken the oath required by law as well as a constitutional oath of office and has filed the same with the City Clerk.

The term officers and employees shall include all officers and employees of the City whose compensation for such employment is wholly paid by said City and who are regularly employed by the City on a full-time basis, excluding therefrom contractual employees, or employees of contractual agents, elective officers, except where special provision is otherwise made for them in this Part, and part-time employees except where other provision is especially made for them in this Part, or persons employed temporarily, except for those instances of special provision made for them herein.

All City officers and employees including the City Attorney, before entering upon the duties of their office shall execute a bond conforming to the provisions of the laws of the State of California in the penal sum as recommended by the City Attorney, provided, however, that the amount of the bond shall not be less than:

City Treasurer, or deputy $50,000 All other officers and employees $10,000

In accordance with the provisions of Section 36519 and 1481 of the Government Code, the legislative body hereby determines it expedient and necessary to require all City officers and employees, including the City Attorney, to execute a bond to the City of Lakewood in the aforementioned amounts and in conformity with the provisions of Chapter 3, Division 4, Title 1 of the Government Code, which said bond shall be in the sum of $10,000 and shall be a master bond covering all City officers and employees.

Part 2

City Manager[Added by Ord. 76-1; amended by Ord. 78-3; Ord. 2000-6]

The Office of the City Manager is hereby created. The City Manager shall be appointed by the City Council and shall hold office for and during the pleasure of the City Council. The City Manager, as an officer of the City, shall prior to entering into the duties of his office take the oath and execute the bond required by Part 1 of this Chapter.

In the case of the absence or disability of the City Manager the City Council may designate some duly qualified person to perform the duties of City Manager during the period of absence or disability; subject, however, to said person, if he is not already a City officer, furnishing the bond and taking the oath of office heretofore required by the provisions of this chapter.

The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

The City Manager shall be the administrative head of the Government of the City under the direction and control of the City Council. He shall be responsible for the efficient administration of all of the affairs of the City and, in addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duties and he shall have the powers set forth in the following subsections:

• A. Law Enforcement. It shall be the duty of the City Manager to enforce all laws and Ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.

• B. Authority Over Employees. It shall be the duty of the City Manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads.

• C. Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business, with City Council approval.

• D. Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary.

• E. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council, except when his removal is under consideration.;

• F. Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.

• G. Budget. It shall be the duty of the City Manager to submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

• H. Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures are submitted or recommended to the City Council except on the approval of the Director of Finance, or his authorized representative. The City Manager, or his authorized representative shall be responsible for the purchase of all supplies for all departments and divisions of the City.

• I. Civil Defense. The City Manager shall serve as local Director of Civil Defense where not inconsistent with any contract or other arrangement with the City.

• J. Power of Appointment and Removal. Pursuant to §34851 and §34586 of the Government Code of the State of California the City Manager, for the purpose of appointing and dismissing the following officers, is hereby given the power of City Manager, subject to the terms and provisions of the aforementioned sections. The City Manager may appoint, remove, promote and demote any and all officers and employees of the City, including City Clerk and City Treasurer, and excepting the City Attorney. This power, however, is subject to and subordinate to all applicable personnel ordinances, rules and regulations, resolution and determinations of the City Council.

• K. Investigations and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City, and any department or division thereof, and any contract or the proper performance of any obligation of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City Government and in regard to the service maintained by public utilities in said City.

• L. Public Buildings. It shall be the duty of the City Manager, and he shall exercise the general supervision, over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council.

• M. Implied Powers. The City Manager shall perform such other duties, and exercise such other powers, as may be necessary in order to carry out the foregoing, as well as any other duty bestowed on him by law, or delegated to him from time to time by ordinance, resolution or direction of the City Council.

Each member of the City Council shall deal with the administrative services of the City only through the City Manager except for purposes of inquiry.

The City Manager shall take his orders and instructions from the City Council, and no individual City Council Member shall give any order or instruction to the City Manager or his subordinates inconsistent with City Council action or policy. When a decision has been made by the City Council, it shall be final and conclusive.

Part 3 Director of Finance[Added by Ord. 72-9]

The office of Director of Finance is hereby created and established.

The Director of Finance is appointed by the City Manager and serves at the pleasure of the City Manager. In the absence of appointment by the City Manager, the City Manager serves as Director of Finance.

The office of the Director of Finance shall be a part of the personnel system and subject to all of the terms and provisions of this Chapter.

Prior to entering upon the duties of his office, the Director of Finance shall execute a bond to the City in the amount and in the manner required of other City officers.

In accordance with §40805.5 and 37209 of the Government Code, the duties bestowed upon the City Clerk by Government Code §37201-37208 and the financial and accounting duties bestowed upon the City Clerk by §40802-40805 of the Government Code are hereby transferred to the Director of Finance.

In addition to such other duties as may be designated by resolution, ordinance or direction of the City Council, the Director of Finance shall:

• A. Maintain and operate the general accounting system of the City and of each of its departments.

• B. Perform such accounting function and duties in accordance with the latest and most modem accounting methods.

• C. Maintain and prescribe and require the maintenance of inventory records of municipal properties necessary in accordance with modem municipal accounting practices.

• D. Perform the functions and duties relating to the administration and collection of taxes, licenses and permit fees levied by the City, with the exception of the duties of the City tax collector and assessor which by Ordinances No. 1 and No. 44 have been transferred to the Los Angeles County Tax Assessor and Collector.

• E. Perform the duties relating to preparing, auditing, presenting and disbursing claims and demands against the City, including payroll.

• F. Assist in the preparation of the annual budget and in the administration of the budget.

• G. Supervise the office of City Treasurer.

• H. Establish and maintain sufficient and satisfactory procedure and controls over municipal revenues and expenditures in all Departments, Divisions and services of the City in accordance with modem municipal accounting practices.