18-5
PERSONNEL BOARD.

18-5.1 Created.

There is hereby created a Personnel Board. (Code 1972 §24-23)

State law reference: Authority to provide for the appointment of a civil service commission, Gov. Code, §45004.

18-5.2 Composition, Appointment of Members; Terms of Office.

The Personnel Board shall consist of five (5) members, to be appointed by the City Council. A majority vote of the Council shall be required to appoint a member.

The first Board to be appointed shall, at its first meeting, so classify its members by lot that one (1) shall serve for a term which shall expire May 15, 1959; one (1) shall serve for a term which shall expire May 15, 1960; one (1) shall serve for a term which shall expire May 15, 1961; and two (2) shall serve for a term which shall expire May 15, 1962. At the expiration of each of the terms so provided, a successor shall be appointed by the Council for a term of four (4) years.

(Code 1972 §24-24)

18-5.3 Annual Election of Chairman.

Annually, on or before May 15, the Board shall elect from among its members a Chairman to serve for one (1) year. (Code 1972 §24-25)

18-5.4 Vacancies; Removal of Members.

Vacancies on the Board shall be filled by appointment by the City Council for the unexpired term. Each member shall serve

until his successor is appointed and qualified. A four-fifths (4/5) vote shall be necessary to remove any member of the Personnel Board from office prior to the expiration of his term. (Code 1972 §24-26)

18-5.5 Qualifications for Membership.

Members of the Personnel Board shall be electors of and shall have resided in the City for the year preceding appointment, and shall maintain residence in the City during their term of appointment. No person shall be appointed to the Board who holds any salaried public office or employment, nor shall any member, while on the Board, be eligible for appointment or election to any office or employment of the City. (Code 1972 §24-27)

18-5.6 Quorum.

Three (3) members of the Board shall constitute a quorum for the transaction of business. (Code 1972 §24-28)

18-5.7 Meetings.

The members of the Board shall meet regularly if so required by the rules, or on call of the Chairman or three (3) members of the Board. (Code 1972 §24.29)

18-5.8 Order of Business.

The Personnel Board shall determine the order of business for the conduct of its meetings. (Code 1972 §24-30)

18-5.9 Powers and Duties.

The functions of the Board shall be as follows:

a.    Appeals. As provided by this chapter and by the personnel rules and regulations, to review and either approve, reject, or approve with modifications any decision of an administrative hearing officer on an appeal of any discipline imposed on an employee relative to any appealable disciplinary action, dismissal, demotion or alleged violation of this chapter or the personnel rules, except in those instances where the right of appeal is prohibited by this chapter, and to certify the hearing officer’s findings and recommendations.

Disciplinary appeal hearing shall be conducted by a hearing officer provided by the State Mediation and Conciliation Service (SMCS), unless by majority vote of the personnel board members, board elects to conduct the appeal hearing.

b.    Use of Pre-Trial Rules in Personnel Hearings. The Personnel Board may promulgate rules governing pre-trial conferences and the time, manner and nature thereof, in personnel hearings.

c.    Examination of Witnesses; Personnel Officer to Issue Subpoenas; Penalty for Failure to Answer Subpoena. In any investigation or hearing conducted by the Board, it shall have the power to administer oaths to witnesses, to examine witnesses under oath and to 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 Personnel Officer to cause all such subpoenas to be served. Refusal of a person to attend or to testify in answer to the 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.

d.    Tests for Position in Classified Service; Eligibility. To publish or post notices of tests for positions in the classified service; to receive applications for tests; to conduct and grade tests; to certify to the appointing power a list of all persons eligible for appointment to the appropriate positions in the classified service.

e.    Performance of Duties by Personnel Officer. The Personnel Board shall cause the duties imposed upon it by this chapter to be performed by the Personnel Officer who, with regard to these duties, shall be subject only to the direction and control of the Personnel Board.

f.    Recommendations to Council. To make recommendations to the Council for additions to or changes in the personnel rules.

g.    Requests by Council. When requested by the Council, the Personnel Board shall hold hearings and make recommendations on any matter of personnel administration within the limits of the request of the Council.

(Code 1972 §24-31; Ord. #1715, §1)

State law reference: Authority of the city council to delegate powers and duties to the civil service commission, Gov. Code, §45004.