Maywood Municipal Code Art. 1 Civil Service System

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Editor's note— Sections 2-3.104 through 2-3.129, codified from Ordinance Nos. 218 and 420, as amended by Ordinance Nos. 297, 306, 329, 542, 544, 560, 568, 573, 72-102, effective November 23, 1972, 74-116, effective August 1, 1974, 79-199, effective April 1, 1979, 80-218, effective March 25, 1980, 80-220, effective May 22, 1980, 82-249, effective September 14, 1982, and 84-265, effective April 12, 1984, amended and renumbered by Ordinance No. 85-281, effective August 8, 1985.

Pursuant to the authority granted to the legislative body of any city within the State by the provisions of Chapter 1 of Division 5 of Title 4 of the Government Code of the State (Sections 45000 through 45210) a civil service system is hereby adopted for the City.

(§ l, Ord. 218)

Rules and regulations for the administration of the personnel system, including civil service rules and personnel rules, prepared by the Personnel Officer or designee, subject to the provisions of this chapter and to revision by the Council, shall be adopted and may be amended from time to time by resolution of the Council after giving at least ten (10) consecutive days' notice and holding a public hearing thereon. Notice shall be given by posting, at such places as the Chief Administrative Officer shall prescribe, copies of the proposed amendment or revision and the time, place, and date of the hearing. The rules shall establish specific procedures and regulations governing the following phases of the personnel system:

(a) The classification of all positions in the classified service;

(b) The public announcement of examinations and the acceptance of applications for employment;

(c) The preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for employment;

(d) The certification and appointment of persons from employment lists and the making of temporary and emergency appointments;

(e) The evaluation of employee performance;

(f) The transfer, promotion, demotion, restoration, and reinstatement of employees in the classified service;

(g) The separation of employees from the classified service through layoff, suspension, and dismissal;

(h) The standardization of hours of work, attendance and leave regulations, and working conditions anti the development of employee morale, welfare, and training;

(i) Suitable provisions for orderly and equitable presentations to the Council by employees relating to general conditions of employment;

(j) The conduct of hearings on appeals and complaints; and

(k) The content, maintenance, and use of personnel records and forms.

(§ 6. Ord. 218, as amended by § 3, Ord. 560, and § 2, Ord. 85-281, eff. August 8, 1985)

(a) Appointment. The Council shall appoint a Personnel Officer.

(b) Duties. It shall be the duty of the Personnel Officer to act in the capacity of a secretary and clerk to the civil service system. He 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.

The Personnel Officer shall establish and maintain in card index form a roster of officers and employees in the classified service. He shall also prepare a record of the length of service of each employee in the classified service, together with a concise statement of all duties being performed by such employee, the salary paid, and the hours of work of such employee. He shall render such additional services in connection with the civil service system as may be requested by the Council.

The duties of the office of Personnel Officer may be combined with those of any other office in the event the work involved does not warrant, in the discretion of the Council. the creation of a special position.

(§ 4, Ord. 218)

The provisions of this article and the rules and regulations adopted pursuant to the provisions of this article shall apply to all officers and positions in the service of the City, except:

(a) Any elective position;

(b) Members of boards and commissions;

(c) Persons whose employment is incidental to the fulfillment of a formal contract entered into on behalf of the City by competent authority when such persons are in fact employees, agents, or representatives of the contractor;

(d) Volunteer personnel who receive no regular compensation from the City;

(e) Part-time employees whose normal working schedule is less than eight (8) hours per day, seasonal employees, and temporary employees;

(f) The Chief Administrative Officer, Personnel Officer, City Attorney, and City Prosecutor; and

(g) Any other positions which are exempted in said rules and regulations.

(§ 3, Ord. 85-281, eff. August 8, 1985)

Except as otherwise provided in this section, all appointments to positions in the classified service shall be made from eligible persons on the eligible lists, which lists have been established pursuant to the rules and regulations adopted under the authority of this article. Appointments to department head positions shall be made by the Chief Administrative Officer at such compensation as the Chief Administrative Officer shall set and subject to approval by the Council. Appointments to subordinate positions shall be made by the appropriate department head at the lowest compensation rate shown for the position filled. Any officer having such power of appointment is hereby designated as an appointing officer. The appointing officer shall report all new appointments and beginning compensation levels to the Council at the earliest possible date after the appointment is made.

Exceptions to such appointment system may be made for the following job categories within the Police Department:

(a) Patrol Officer: Lateral transfers from another Police Department. A person seeking a lateral transfer to the Police Department shall have been employed as a full-time paid peace officer in the State, as defined in Chapter 4.5, Title 3, Part 2 of the Penal Code of the State, or shall have been so employed within one year prior to the date of application for employment in the City, and:

(1) The applicant shall possess or be eligible to possess at least a basic certificate from the Commission on Peace Officer Standards and Training; and

(2) The applicant's prior training, duties and functions shall have been similar to or equivalent with those of a Maywood Police Officer; and

(3) The applicant shall pass a physical examination by a physician appointed by the City; and

(4) The applicant shall meet all the requirements of employment as advertised in the official bulletin for the position of patrolman, with the following exceptions:

(i) Written and/or oral examinations may be waived by the Chief of Police.

(ii) The applicant may be employed at any step in the salary range that is determined by the Chief of Police and approved by the Council.

(b) Patrolman: Pre-service entry program. The Chief of Police may appoint, subject to the approval of the Council, a person to the position of patrolman if:

(1) The person lives within twenty-five (25) miles of the City;

(2) The person shall have satisfactorily completed the full-time Police Officers Standards and Training Basic Course;

(3) The person shall meet all the requirements of employment as established by the Chief of Police; and

(4) Any person appointed pursuant to the authority of this subsection shall serve a probationary period of eighteen (18) months.

(c) Police Clerk-Dispatcher: Lateral transfers. The Chief of Police may appoint, subject to the approval of the Council, a person to the position of Police Clerk-Dispatcher if:

(1) The person lives within twenty-five (25) miles of the City;

(2) The person seeking lateral entry to the position shall have been employed as a full-time paid dispatcher in a State law enforcement agency or shall have been so employed within a year prior to the date of the application;

(3) The person shall have completed the required probationary period in the former dispatcher position;

(4) The person shall meet all the requirements of employment as established by the Chief of Police and advertised in the official bulletin for the position of Police Clerk-Dispatcher, with the following exceptions:

(i) Written and/or oral examinations may be waived by the Chief of Police.

(ii) Applicants may be employed at any step in the salary range that is determined by the Chief of Police and approved by the Council;

(5) The applicant shall pass a physical examination by the City Physician; and

(6) Any person appointed pursuant to the authority of this subsection shall serve a probationary period of twelve (12) months.

(d) Authority to reject. The Chief of Police shall have the authority to reject any or all applicants in the lateral entry or pre-service entry program.

(§ 5, Ord. 85-281, eff. August 8, 1985, as amended by § 1, Ord. 92-388, eff. June 25, 1992)

After each permanent appointment from an eligible list, an employee shall serve a complete period of probation as provided in the rules and regulations adopted under the authority of this article before an appointment or promotion is complete.

(a) Department heads. A department head shall become a permanent employee only after serving a complete probationary period or extended probationary period. At a regular Council meeting prior to the expiration of the probationary period, the Personnel Officer shall notify the Council of the impending expiration thereof. The Council may accept the department head for permanent employment, reject the department head from probation, or extend the probationary period prior to the expiration thereof.

(b) Subordinate employees. A subordinate employee shall become a permanent employee only after successfully serving a complete probationary period or an extended probationary period. Not less than thirty (30) days prior to the expiration of the probationary period, the Personnel Officer shall notify the probationer's appointing authority of the impending expiration of the probationary period. Not less than twenty (20) days prior to the expiration of the probationary period, the appointing authority shall submit a recommendation to the Chief Administrative Officer as to whether the probationary employee shall be made permanent, rejected, or have probation extended. If the Chief Administrative Officer agrees with the recommendation, it shall be implemented and the Council notified in due course. If the Chief Administrative Officer disagrees with the recommendation, the matter shall be presented to the Council for its decision at a regular meeting prior to the expiration of the employee's probationary period. The Council may hear the matter in closed session.

(c) Effect of failure to act. Failure of the City to reject an employee or extend the probationary period prior to the expiration thereof shall constitute acceptance of such employee for permanent employment.

(§ 6, Ord. 85-281, eff. August 8, 1985)

In the absence of appropriate eligible lists, a temporary appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position.

Such temporary appointment shall not continue for a longer period than three (3) months, and no person shall be eligible to serve as a temporary appointee in any one or more positions for more than an aggregate period of three (3) months in any one fiscal year, No credit shall be allowed in examinations for service rendered under a temporary appointment.

(§ 14, Ord. 85-281, eff. August 8, 1985)

The Civil Service Commission or the Personnel Officer shall not establish any minimum or maximum age limit for any civil service examination, and age shall not be considered to be a minimum qualification for any City employment in the classified service. Any person possessing all the minimum qualifications for the position shall be eligible to take any civil service examination, regardless of his age. Neither the Civil Service Commission, the Personnel Officer, nor any appointing power shall adopt any rule, either written or unwritten, prohibiting the employment of any person in any City employment, who is otherwise qualified therefor, solely because of his age.

The provisions of this section shall not prevent the Council from fixing the minimum or maximum age limit for the employment of City policemen or City firemen.

(§ 14, Ord. 85-281, eff. August 8, 1985)

The Chief of Police, the Street Superintendent, and the Director of Building and Planning shall reside within the City or not more than eight (8) miles from the City in order to be readily available in the event of emergencies necessitating their presence. In the event any such officer does not reside within the City or within eight (8) miles thereof at the time of employment, such officer, within ninety (90) days after the completion of probation, shall become a resident of the City. For good cause shown, including hardship, and if arrangements are made for a subordinate living within the eight (8) mile radius to provide emergency coverage, the Council may grant a waiver of the provisions of this section. Failure to comply with this section, or secure a waiver or modification thereof, shall result in the forfeiture of the officer's employment.

(§ 8, Ord. 85-281, eff. August 8, 1985)

Any person holding a position in the classified service shall not:

(a) Seek or accept election, nomination, or appointment as an officer of a political club or organization;

(b) Serve as a member of a committee of such club, organization, or circle;

(c) Take an active part in a County or municipal political campaign;

(d) Seek signatures to any petition provided by any law; or

(e) 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 or City office.

Any wilful violation of the provisions of this section or violation through culpable negligence shall be sufficient grounds to authorize the discharge of any officer or employee.

(§ 14, Ord. 85-281, eff. August 8, 1985)

The provisions of this chapter shall not prevent any person holding a position in the classified service from:

(a) Becoming or continuing to be a member of a political club or organization;

(b) Attending political meetings;

(c) Exercising entire freedom in casting his vote;

(d) Seeking or accepting election or appointment to public office provided such activity does not interfere with the performance of his duties;

(e) Seeking signatures to any initiative or referendum petition directly affecting his rate of pay, hours of work, retirement, civil service, or other working conditions; or

(f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition if the activity is not carried on during working hours or when he is dressed in the uniform required by any department in the City government.

(§ 14, Ord. 85-281, eff. August 8, 1985)

No officer, agent, clerk, or employee of the City, directly or indirectly, shall 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 whatever, from any one on the eligible lists or holding any position subject to the provisions of this article.

(§ 14, Ord. 85-281, eff. August 8, 1985)

No person in the classified service, or seeking admission thereto, shall be employed, promoted, demoted, discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief: provided, however, no one shall be eligible to hold a position with the City who is or may become sympathetic or affiliated with any group or movement which advocates the overthrow of our form of government by force or violence.

(§ 14, Ord. 85-281, eff. August 8, 1985)

Every applicable officer and employee who has attained permanent status shall retain office or employment so long as the office or employment exists, subject to the necessity for the work performed and availability of funds, and such officers and employees shall not be discharged, demoted, reduced in compensation, or suspended as a punishment, or otherwise penalized, except for the reasons specified in, and in accordance with, the rules adopted pursuant to the authority of Section 2-3.102 of this article.

(§ 10, Ord. 85-281, eff. August 8, 1985)

Whenever, in the judgment of the Council, it becomes necessary, in the interests of economy or because the necessity for the position involved no longer exists, the Council may abolish any position or employment in the classified service and discharge or reduce the employee or officer holding such position or employment. Should such position or employment involving all or the major part of the same duties be reinstated or created within two (2) years, the employee or officer discharged or reduced shall be appointed thereto in preference to any other qualified person on the eligible list for such position.

(§ 14, Ord. 85-281, eff. August 8, 1985)

In the event the Council shall determine that it is necessary to bring about a reduction in personnel for economy reasons, the Council shall be required to observe the seniority rule in putting into effect any such reduction in personnel.

(§ 14, Ord. 85-281, eff. August 8, 1985)

Unless specific procedures are in place pursuant to a duly adopted Memorandum of Understanding with a recognized employee organization, appeals and complaints of persons entitled to a hearing pursuant to the provisions of this Article or the rules and regulations adopted pursuant to the provisions of this article, shall be heard in accordance with the provisions of this section. The Council shall establish or contract for the services of a qualified hearing officer to hear or review such appeals and complaints. If the Hearing Officer is a City employee or officer, the Council shall also establish or contract for the services of a qualified board of three members to review the decision of the hearing officer.

All appeals and complaints shall be filed with the Personnel Officer who shall arrange the conduct of the hearing. In any investigation or hearing conducted by the hearing officer, the hearing officer shall provide procedural due process to the parties and shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before him/her by subpoena issued in the name of the State. Upon the conclusion of any such hearing or review, the hearing body shall certify its findings to the appointing authority and make such recommendations as are warranted. The appointing authority shall forthwith notify the City Council and the employee of the recommendations and of their right to file a Petition for Writ of Mandate in the Superior Court. Any such petition must be filed within ninety (90) days of said notice in accordance with Code of Civil Procedure Section 1094.6 and shall be subject to the appropriate standard of review as set forth in Code of Civil Procedure Section 1094.5. If neither party files such petition, the recommendations shall be implemented forthwith upon expiration of the ninety (90) day period, or upon such earlier date as the parties notify the Personnel Officer that no such petition will be filed.

(§ 14, Ord. 85-281, eff. August 8, 1985, as amended by § 1, Ord. 93-404, eff. September 23, 1993)

The Council may contract with the legislative body or governing board of any city or county in the State, any State department, or any qualified private person, corporation, association, or partnership for the performance of any technical personnel services. The services which may be contracted are as follows but shall not be limited thereto:

(a) The preparation of amendments to the provisions of this article and the rules and regulations for the administration of the civil service system;

(b) The classification and preparation of class specifications of positions in the classified service;

(c) The recruitment and examination of applicants for employment in the classified service;

(d) The conduct of hearings on appeals and complaints from persons entitled to a hearing pursuant to the provisions of this article or the rules and regulations adopted pursuant to the provisions of this article; and

(e) The study of compensation being paid for each class of position in the classified service and of the working hours, sick leave, and vacation time applicable to each class.

(§ 14, Ord. 85-281, eff. August 8, 1985)

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

(§ 14, Ord. 85-281, eff. August 8, 1985)

For the purposes of this article, the Council hereby finds and determines that the following are full-time, at-will department head positions in the City:

(a) The Director of Building and Planning;

(b) The Director of Community Services; and

(c) The Director of Finance.

Subject to the provisions hereinafter set forth in this article, said department heads are not a part of the classified service of the City.

(§ 11, Ord. 85-281, eff. August 8, 1985; Ord. No. 20-05, § 2, 7-22-2020)

Editor's note— Ord. No. 08-15, § 4, adopted Dec. 9, 2008, deleted §§ 2-3.121—2-3.124 in their entirety. Former §§ 2-3.121—2-3.124 pertained to removal: hearings, limitations; restoration; and retirement age, respectively, and derived from Ord. 85-281, §§ 12—14, eff. Aug. 8, 1985; and Ord. 87-312, § 1, eff. Mar. 26, 1987.