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HomeMy WebLinkAboutNS-2190 - Amending Santa Ana Municipal Code by Adding Section 9-120 Relating to Medical Examinations 067 ORDINANCE NO. NS- 2190 EJC:mb Rev. 12/Z9/9~ 2/11/9] AN ORDINANCE OF THE CITY OF SANTA ANA ANENDING THE SANTA ANAMUNICIPAL CODE BY ADDING SECTION 9-120 RELATING TO MEDICAL EXAMINATIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 9-120, which said section reads as follows: Sec. 9-120 Medical examination, and proceedings thereon; Demotion, transfer, or dismissal. (a) The appointing authority may at any time require an employee to submit to a medical examination by a physician or physicians designated by the appointing authority to evaluate the fitness or capacity of the employee to perform the work of his or her current position. Prior to requiring such medical examination, the appointing authority shall, in writing, state the reasons for seeking an evaluation. The employee may be placed on administrative leave with pay until medical clearance is obtained. (b) Fees for the examination and for the services of medical specialists or technicians, if necessary, shall be paid by the city. The employee may submit medical or other evidence to the examining physician or to the appointing authority. The examining physician shall make a written report of the examination to the appointing authority. The appointing authority shall provide a copy to the employee or to the physician designated by the employee. (c) When the appointing authority, after considering the conclusions of the medical examination and other pertinent information, concludes that the employee is unable to perform the work of his or her present position, but is able to perform the work of another position, the appointing authority may demote or transfer the employee to another position within the same classification or offer the employee a voluntary demotion, provided there is a vacant position, in a lower level classification within the classification series. Any voluntary demotion will be according to Section 9-110. The employee demoted or transferred pursuant to this section shall receive the maximum of the salary range of the class to which he or she is demoted or transferred, provided that the salary is not greater than the salary he or she received at the time of his or her demotion or transfer. ORDINANCE NS-2190 Page 2 (d) When the appointing authority, after considering the conclusions of the medical examination provided for by this section or medical reports from the employee's physician, and other pertinent information, concludes that the employee is unable to perform the work of his or her present position, or any other vacant position within the classification series in the agency, and the employee is not eligible or waives the right to retire for disability, the appointing power may take action to suspend or dismiss the employee. (e) The appointing authority may demote, transfer, suspend or dismiss an employee under this section without requiring the employee to submit to a medical examination, when the appointing authority relies upon a written statement submitted to the appointing authority by the employee as to the employee's condition or upon medical reports submitted to the appointing authority by the employee. (f) Upon the petition of the employee who was dismissed, demoted, or transferred in accordance with this section, the employee shall be placed on the reappointment list for his or her previously held position in accordance with Section 9-114 if it is determined by the director that the employee is no longer incapacitated for duty in such position. The employee shall provide satisfactory proof to the appointing authority of fitness for duty prior to being placed on a reappointment list. (g) Nothing in this section shall be deemed to affect any right to appeal to the personnel board as provided in section 9-118. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of 069. 2 ORDINANCE NS-2190 071 Page 3 any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 5th day of April , 1993. ATTEST: c. uy- Clerk of the Council COUNCILMEMBERS: Young AVe Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Aye APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~- ~D to be the original ordinance adopted by the City Council of the City of Santa Ana on ~-~---~ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana.