National City Municipal Code Ch. 16.02 Civil Service Commission

Pursuant to the authority granted by Government Code Section 45000 et seq., there is hereby created a civil service commission, consisting of five members to be appointed by and serving at the pleasure of the city council. No person shall be appointed to the commission who holds any salaried city office or employment. Nor shall any member, while on the commission or for a period of one year after their membership on the commission has ended, be eligible for appointment to any position in the competitive service.

(Ord. No. 2013-2381, § 1, 2-5-2013)

A. The members of the civil service commission shall be appointed for staggered terms of five years. Not more than two terms shall expire in the same year.

B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. Each member of the board shall serve until their successor is appointed and sworn into office.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The civil service commission shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance to the commission as the council deems appropriate.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The civil service commission may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedure conflicts with this Chapter 16.02, this chapter shall prevail. The bylaws shall contain provisions relating to attendance of commission members.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The civil service commission shall:

A. Determine the order of business for the conduct of its meetings and hold regular meetings once every other month, and such special meetings as are necessary on call of the chair or a majority of the members of the commission after at least twenty-four hours' written notice has been posted and served upon the members. A majority of the members of the commission shall constitute a quorum for the transaction of business. A majority of a quorum vote is necessary to act upon a matter. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law," California Government Code Section 549850 et seq.)

B. Act in an advisory capacity to the city council and the director of human resources on personnel matters in the city service, and when requested by the city council or the director of human resources, hold hearings and make recommendations on any matter of personnel administration.

C. Hear appeals submitted by persons in the competitive service, or candidates for a position in the competitive service, relative to any alleged infringement upon their rights and privileges granted by this title or the civil service rules, and certify its findings and recommendations.

D. In any investigation or hearing conducted by the commission, have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police or his/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 city council in response to a subpoena issued by the city council. Each member of the civil service commission shall have the power to administer oaths to witnesses.

E. Publish and post notices of the examinations for positions in the competitive service, receive applications therefore, conduct and score examinations, and certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. The civil service commission shall cause the duties imposed upon it by this paragraph to be performed by the director of human resources.

F. Keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The members of the civil service commission shall be residents, but need not be electors, of the city. Commission members shall serve without compensation, except that the city council may from time to time pay such expenses of commission members that are incurred during the conduct of commission business as the council deems appropriate.

(Ord. No. 2013-2381, § 1, 2-5-2013)