CHAPTER IX
PERSONNEL, PENSION BOARDS AND CAREER SERVICE

Section 9.1 Career Service System — Creating of Career Service Commission.

a.    Within five (5) years after the effective date of this Charter, the Council may enact an ordinance creating a Career Service System and establishing a Career Service Commission, composed of five (5) members, appointed by Council, who shall be registered electors of the City during their tenure on the Commission. Each member shall be appointed for a term of six (6) years, except that of the members first appointed, two (2) shall be appointed for a term of six (6) years, two (2) for a term of four (4) years, and one (1) for a term of two (2) years.

b.    Upon the expiration of the first term herein provided all appointments shall be for a six (6) year period.

c.    The number of members necessary to constitute a quorum shall be set by ordinance.

d.    No member of the Career Service Commission shall hold any other appointed or elected office in the City or be employed by the City.

Section 9.2 Career Service System — Implementation.

Pursuant to Section 9.1, the Council shall enact an ordinance which shall provide for compensation, if any, to be paid the Commission; provide for determining when a vacancy exists on the Commission and for filling the same; and provide for the Commission establishing operation, not inconsistent with this Charter or the ordinances of the City.

Section 9.3 Career Service System — Intent.

It is the intent of this Chapter to secure the establishment of a Career Service System under the merit principle as an integral part of the City’s organization, to the end that the administration of the City’s personnel program will be done in a manner equitable to the employees without handicapping or curtailing responsible City officers, and by increased efficiency and improved administration will be economical to the citizens.

Section 9.4 Pension Funds — Creating and Authority to Create.

There is hereby created a Police Pension Fund and authority given to Council to establish, by ordinance, pension funds for other City employees, including members of the Fire Department should such employees come under the jurisdiction of the City, serving with or without compensation.

Section 9.5 Police Pension Fund — Governed by State Law.

Subject to the provisions of this Charter and unless otherwise provided or modified by ordinance, the Laws of the State of Colorado governing Police Pension Funds shall govern the Glendale Police Pension Fund; provided, however, every regular member of the City of Glendale Police Department shall contribute not less than one percent (1 pct.) of his salary, or of his compensation when on disability leave to the said fund.

Section 9.6 Pension Board -Personnel and Authority.

a.    Unless otherwise provided by ordinance, each fund created hereunder shall have a Pension Board which shall be composed of at least three (3) voting members who shall serve without compensation, shall be appointed annually, and shall be the City Manager, at least one (1) person appointed by Council either from its own membership or otherwise, and at least one (1) person appointed by the employees or volunteers represented by the Board. In the event Council, by ordinance, determines more than three (3) members are to serve on the Board, the number of members appointed by Council shall not exceed the number of the members appointed by the employees or volunteers.

b.    Each Pension Board created hereunder shall have exclusive control pertaining to or granting of relief to those members of the fund represented, who shall become sick or injured during their term of service, and to granting of pensions to the members of the said funds and their dependents at the termination of their active service with the City as may be provided by law.

Section 9.7 Pension Funds — Investments.

a.    The Pension Board for each respective fund represented shall be solely responsible for investment of its funds in one (1) or more securities permitted by the Statutes of Colorado governing investment of public funds, specifically including interest bearing bonds of the United States, the State of Colorado and of the City in the State of Colorado. Such funds may also be deposited in any account that is insured by an agency of the United States Government, but the amount of such deposit shall not exceed the amount that is so insured.

b.    All securities and evidences of investment shall be deposited with the City Treasurer. Section 9.8 Pension Funds — Authority of Council and Board to Supplement Provisions.

The Council, by ordinance not inconsistent with this Charter, may adopt additional provisions governing Pension Funds, created or to be created hereunder, and each Board representing any respective fund created, or to be created hereunder, may adopt its own rules and regulations not in conflict with this Charter, the law of the State of Colorado so far as it applies to the respective funds for Home Rule Cities or the Ordinances of the City.

Section 9.9 Surety Bonds.

a.    Except as otherwise provided in this Charter, all officers of the City whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Council, shall before they enter upon the duties of their respective offices, file with the City an official bond, in such form and amount as the Council shall direct and approve. Such official bond of every officer and employee shall be conditioned that he will, on demand, deliver over to his successor in office, or other proper officer or an agent of the City, all books, papers, monies, effects, and property belonging thereto or appertaining to his office, which may be in his custody as an officer or employee; and such bonds may be further conditioned as the Council shall prescribe. The official bond of every officer or employee whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that he will on demand, pay over or account for, to the City, or any proper officer or agent thereof, all monies received by him as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all, or a group of, City employees and officers.

b.    All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the City.

c.    The Clerk shall be custodian of all bonds of all officers or employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk. In the event the offices of Clerk and Treasurer are held by the same person, then the City Manager shall be custodian of any bonds pertaining to the Clerk and Treasurer.

Section 9.10 Delivery of Office.

Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he or his legal representative shall, within five (5) days or sooner on demand, deliver to his successor in office or to his superior, all books, papers, monies, and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under the Statutes of Colorado or in the alternative may be prosecuted under the penalty provision of this Charter.

Section 9.11 Oath of Office.

Every appointed officer, before entering upon the duties of his office, shall take an oath or affirmation of office that he will support the Constitution and the laws of the United States and of the State of Colorado and the Charter and the ordinances of the

City and will faithfully perform the duties of the office upon which he is about to enter. The City Clerk shall file each oath, together with any bond required by this Charter, or by the Council. In case of failure to comply with the provisions of this Section within ten (10) days from the effective date of his appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall, by motion or resolution, extend the time in which such officer may qualify as above set forth.

Section 9.12 Acceptance of Gratuities Prohibited.

It shall be a violation of this Charter for any City elected or appointed officer or any City employee to accept gratuities, favors, or gifts in connection with or relative to any contract or business of the city.

Section 9.13 Compensation of Employees and Officers.

a.    The compensation of all employees and officers of the City whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan adopted by the Council. The Council may, as deemed necessary, contract for professional services, and pay for such services as may be agreed.

b.    Nothing contained in this Charter shall prohibit the payment or reimbursement to anyone for necessary bona fide expenses incurred in service on behalf of the City.

Section 9.14 Anti-Nepotism.

a.    The following relatives and their spouses of any elective official or of his spouse, or of the City Manager or of his spouse or of any department head or his spouse, are disqualified from holding any appointive office during the term for which said elective official was elected or during the tenure of office of the City Manager, or department head respectively: child, grandchild, parent, grandparent, brother, sister, half-brother, half-sister, step-brother and step-sister. All relationships shall include those arising from adoption.

b.    This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers of the City at the time of the election of said elective official or the appointment of said City Manager or department head respectively or adoption of this Charter — summer part-time help excluded.