HomeMy WebLinkAbout65B - AD HOC CHARTER REVIEW
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK
ONLY:
OF
COUNCIL
USE
MARCH 6, 2006
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing _
REPORT OF THE AD HOC CHARTER
REVIEW COMMITTEE
l2.Pha_____
CITY MANAGER
CONTINUED TO
./
FILE NUMBER
RECOMMENDED ACTION
Recei ve report of the Ad Hoc
schedule a Work Study session
March 20, 2006 to review the
changes to the City Charter.
Commi ttee on Charter Review and
for the City Council meeting of
committee's recommendations for
DISCUSSION
On May 2, 2005, the City Council created an Ad Hoc Committee on
Charter Review comprised of Mayor Pro Tern Bist, and
Councilmembers Alvarez and Garcia. The Ad Hoc Committee reviewed
the current City Charter and made several recommendations for
changes to various sections in the charter.
On September 19, 2005, at the recommendation of the Ad Hoc
Committee, the City Council created the Charter Amendment
Citizens' Task Force and directed members to review and comment
on the Ad Hoc Committee's recommended amendments. A summary of
the actions taken by the Task Force and the subsequent action
taken by the Ad Hoc Committee on January 31, 2006 is attached as
Exhibit A. Also attached is a copy of the proposed charter
language for each affected section of the City Charter.
In the event that the Council decides to submit one or more
proposed charter amendments to the voters in November, 2006, the
Special Election would be consolidated with the General Municipal
Election for the offices of Mayor and Councilmember Wards 2, 4,
and 6. The Request for the County Registrar of Voters to conduct
65B-1
Report of the Ad Hoc Charter Review Committee
March 6, 2006
Page 2
the elections must be filed with the Board of Supervisors no
later than August 11, 2006. To ensure sufficient time to prepare
all the necessary documents and provide for a ballot argument
process, it is recommended that the Council make the decision
relative to submitting ballot measures no later than the first
Council meeting in July 2006. The Ad Hoc Committee on Charter
Review is recommending that the Council request staff to schedule
an initial Work Study session on March 20, 2006 to discuss the
proposed amendments in greater detail.
FISCAL IMPACT
There is no fiscal impact at this time. An estimate of any
addi tional costs for calling a Special election for the purpose
of submitting Charter Amendments to the voters will be requested
from the Registrar of Voters once the Council determines how many
ballot measures will be placed on the November ballot.
65B-2
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RED LINE VERSION OF CHARTER
CHANGES
Sec. 400. Number, selection and terms of members.
The city council shall consist of seven (7) members elected at the times and in the mattef
fmanner! provided in this charter, each of whom, except for the mayor, shall serve a term
of four (4) years. The term of each member shall begin following sHeH election, at tile
firat regHlarly sehesHled meeting of tile city cmlRcilat 6:00 pm on the second Tuesdav of
December following certification of election results, and each shall serve except as
otherwise provided for in this charter, until his or her successor is elected and qualified.
Each office of councilmember shall be a separate office and, except for the mayor, one
(1) of such offices shall be assigned to each of the wards of the city. Candidates for each
office of councilmember other than the mayor shall be nominated from such ward by the
electors of such ward and candidates for mayor shall be nominated by electors of the city,
but all councilmembers shall be elected by the vote of the electors of the city at large.
658-6
Sec. 401. Qualifications of members. (8 Year Waitine Period)
To be eligible to be elected to the office of councilmember, a person must be a
registeredqualified voter and a thirty (30) day resident of the ward from which !lethe
candidate is nominated at the time nomination papers are issued to him as provided for in
SectiElH 22812 of the Elections Code of the State of California, except that the mayor
need only be a registered voter and thirty (30) day resident of the city at such time. In the
event any councilmember other than the mayor shall cease to be a resident of the ward
from which !lethe councilmember (or, in the case of an appointee, IHsthe
councilmember's predecessor) was elected, or in the event the mayor shall cease to be a
resident of the city, IHsthe office shall immediately become vacant and shall be filled in
the same manner as herein provided for other vacancies; provided, that where a
councilmember ceases to be a resident of the ward from which !lethe councilmember (or,
in case of an appointee, ffis-the councilmember's predecessor) was elected solely because
of a change in boundaries of any ward as in this charter provided, !lethe councilmember
shall not lose IHsthe office by reason of such change. If a member of the city council shall
be convicted of a crime involving moral turpitude, IHsthe office shall immediately
become vacant and be so declared by the city council.
~!El persoH shall be eligible for HElmiHatioH fur Elr EllectiElH tEl the office Elf
cEluHcilmemberA person who has served two (2) consecutive terms of four (4) years each
shall be eligible for appointment. nomination for or election to the office of
councilmember (regardless of wards represented by that person during such period) no
sooner than for a term beginning eight (8) years after completion of that councilmember's
second consecutive full term.
Short or partial terms shall not be considered,... in determining eligibility for appointment.
nomination or election. For purposes of this charter, short or partial terms shall only be
those where the councilmember was elected or appointed to replace another
councilmember who left office before the latter official's term expired. Any
councilmember who assumed office at the beginning of a term and left office early for
any reason whatsoever shall be deemed to have served a full term.
658-7
Sec. 402. Compensation of members.
EaehEffective after the 2008 general election. each member ofthe city council. including
the Mavor. shall receive as compensation for his or hertheir services as slIeh a HWHihly
salary iR the slim of ORe mmaredllfld tY/eRty five dollars ($125.00). The memller eleeted
to fill the offiee of mayora monthlv salarv established bv ordinance in an amount UP to
that as mav be established bv. and calculated in accordance with. the provisions of state
law for general law cities of the size of Santa Ana. This reference to general law shall not
be deemed to constitute adoption of such law in Santa Ana. but shall onlv be used for
reference purposes in calculating citv council salarv. The Mavor shall receive the
additional amount of seventy-five dollars ($75.00) fer eaehQm: month said member shall
fill the offiee of mayor. Further, each member of the city council shall receive
reimbursement for required travel and other expenses while on official business of the
city as authorized and approved by the city council.
Absence of a member of the city council from all regular and special meetings of the city
council during any calendar month shall render him or her ineligible to receive the
monthly salary for such a calendar month unless by permission of the city council
expressed in its official minutes.
658-8
Sec. 404. Presiding officer, mayor. 2 vear term, 10 vear limit-4 vear Waitinl! Period
The mayor shall be a member of the city council and shall preside over the meetings of
the city council. The mayor shall have voice and vote in all of the city council's
proceedings and shall be recognized as head of the city government for all ceremonial
purposes. The mayor shall have no administrative duties but shall perform such other
duties as may be prescribed by this charter, or imposed by the city council, consistent
with ffisthe office.
The mayor shall be elected by the voters of the city at large at each general municipal
election in November of even-numbered years for a two-year term commencing on the
same date as the terms of other council members elected in such year. No person may be
a candidate for mayor and a candidate for any other office on the city council in the same
election. In the e'/eat an iacmnbeHt city COlffiCil member other thllR the mayor is electea
mayor such other office shall become vaCaHt at the time he or she assllffies office as
mayor aHa t.ne city cOlfficil shall call a special election to fill the vacancy.
A person who has alreadv served five (5) consecutive terms of two (2) vears each as
mavor shall be eligible for nomination for or election or appointment to the office of
mavor or council member no sooner than for a term beginning after at least two mavoral
terms have passed following completion of that person's fifth consecutive term. Short or
partial terms shall not be considered in determining eligibilitv for appointment.
nomination or election as mavor. For purposes of this charter, short or partial terms shall
onlv be those where the mavor was elected or appointed to replace another mavor who
left office before the latter official's term expired. Any mayor who assumed office at the
beginning of a term and left office early for any reason whatsoever shall be deemed have
served a full term. The provisions of this section related to short or partial terms is
deemed to be declaratory of existing law.
658-9
Sec. 413. Adoption (Ordinances).
Every ordinance shaH be introduced in writing in the form in which it is to be fillaHy
passea. A copy of each ordinance and written resolution shaH be available in the council's
chambers for public inspection during any council meeting at which the same is to be
passed or adopted. No ordinance shaH be passed finaHy on the day it is introduced, except
for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days
thereafter, nor at any time other than at a regular or adjourned regular meeting.-ffi-the
e'/ent that llHY or-dillllHce, other than an emergency orainance, is alterea after its
illlroauctioH, OXCejlt for the correctioH oft)llographicalor clerical errors, the same shaH
not be finaHy adoptea except at a regular or adjoufIlea regular meetillg, hela Hot less thllH
Sill (6) aays after the aate lIjlon which such oraillllHce was so alterea A proposed
ordinance mav be amended or modified between the time of its introduction and the time
of its final passage, providing its general scope and original purpose are retained. The
rights and powers conferred on the city council shaH be exercised by ordinance wheH so
provided by this charter or by law. Each, resolution or motion as mav be prescribed bv
the Constitution or Laws of the State of California, and the provisions of this Charter;
provided, that each act of the city council establishing a fine or other penalty or granting
a franchise shaH be by ordinance.
No order for the payment of money shaH be adopted or made at any other than a regular
or adjourned regular meeting, except when a state of emergencv has been declared or at
an emergencv meeting properlv convened.
AH ordinances and written resolutions shaH be signed by the mayor and attested by the
clerk of the council.
658-10
Sec. 421. Non-Public Works Contracts, purchases, publie works Formalities.
JiLThe city shall not be bound by any contract, except aG hereinafter pflnieee,
unless the same shall be made in writing by order ofthe city council. except as
hereinafter orovided. and signed by semean officer iuon behalf of the city who has been
authorized to do so by the city council. The appreval efthe fOFffi ef all centracts shall bo
eneersee thereon by the city aHemey, or his eesignatee representative.
MThe city council may by ordinance authorize by the affiFffiative vetes of a
majority efits members, any efficer of the city to bine the city en contracts in '.vriting
witham oo'/ertising ane wit-hom pro\'ious appro'lal by the city cellHcil of each specific
item fer the payment of charges for materials, slljlplies, labor, e~uipment or ether
yalllable consieeration fllffiiGhee the city, in amollnts not exceeeing five hllnarea eellars
($500.00) in any ene contract. Fllrther, the city cOllncil may allthorize, by the affiFffiati'ie
votes ef a majority ef its membem, the city manager to bind the city on contracts in
writing withllllt aeyertising ane withOllt previolls approval by the city cOlHlCil of each
specific item for the payment ef charges for materials, slljlplies, laber, eqllipment, ether
valuable consiaeration to be fllffiishee the city, or for emergency poolic ',yorks
censtructien (as hereinafter aefinea), in amollllts net exceeeing the SllRl eften thellsana
eellars ($10,000.00) witHellt a contract let to the Ie-Nest responsible biaeer after netice, in
an)' ene centract.for such amounts as may be established from time to time. At least
quarterly. the City Manager shall place on the City Council agenda for information. a
report of contracts let by the City Manager pursuant to authority granted hereby. That
revort shall include the identities of contractors and amounts of each contract.
(c) The city council shall establish by ordinance rules and procedures for
competitive bidding for purchase of. or contracts for materials. supplies. equipment. or
services. including exceptions from formal bidding as the city council may deem
appropriate. including providing for emergencies. Nevertheless. such rules and
procedures shall provide. where feasible. for review of such alternative sources of such
materials. supplies. equipment, or services. including professional services. as may be
available in competition with one another and selection therefrom on the basis of
obtaining maximum quality goods. services. or performance at minimum cost, and may
provide for use of other public agency bidding and contracting processes where found to
be otherwise consistent with this charter. Nothing herein contained shall authorize any
person to bind the city on any such contract if the same be a portion of a larger purchase
or series of purchases which, in the aggregate, exceed the authority herein specifiee. set
by the city council hereunder.
658-11
Sec. 422. Public Works Contracts.
(a) For purposes ofthis section. "public works construction" shall be deemed to
mean a proiect for the erection or improvement of public buildings. streets. drains.
sewers, or parks. Maintenance and repair of public buildings. streets, drains. sewers. or
parks shall not be considered as public works construction.
i.QlEvery contract iavol'riRg all e)[pemlitlHe of more than teR thousand dollars
($10,000.00) f-or materials, s\lflplies, laber, e(juipmeRt, other '{aluaBle eORsideration, or
for public works construction (as hereinafter defined)in excess of that amount set from
time to time bv ordinance of the city council pursuant to ( c) below shall be made by the
city council with the lowest and best bidder after publication for at least two (2) days in a
newspaper of general circulation in the city of notice calling for bids and fixing a period
during which such bids will be received, which shall be for not less than ten (10) days
after the first publication of said notice.
(c) The city council shall adopt bv ordinance rules and procedures for competitive
bidding for all public works contracts. which rules and procedures shall establish limits
for public works contracts approved bv the city manager. Such rule and procedures shall
establish criteria for thresholds for formal and informal bidding, reiection of bids. and
readvertisement and dispensing with bidding. Notwithstanding the foregoing, any rule
permitting reiection of all bids or dispensing of bidding and/or performing work with city
forces for any reason including an emergency shall require the affirmative votes of at
least two-thirds ( 2/3) of the members ofthe city council.
The eity eOllReil may rejeet any and all sueh bids preseRted and may readvertise iR
its lliseretioR. ".fter rejeetiRg SUGh Bids, or ifRO Bills are reeeived, Hie eity eOllReil may
determiRe and deolare that, in its opinien based OR estimates suBmitted BY the eity
manager, the work may be perf-ormed Better or more eeollomieally BY the eity with its
own eRlflloyees, or the materials, s\lflplies, labor, el!uipmellt or other valuaBle
eoasideratioR eaR be obtaiRea at a lower eost, and after the aaoptioR of a motioR to this
effeet by the affirmative votes of at least two thir-ds ( 2/3) of the memllem of the eity
eoulleil, the eouReil may proeeed to have saia work aORe or pumhase made or eORtfaet
exeeuted ill the maIlRer stated without further observaRee efthe provisieR ofthis seetieR.
Sueh eeRtFaGts likewise may be let without at:!vertisiag f-or Bids, if sueh 'Nork, materials,
s\lflplies, laBor, el!uipmellt or ether valuable eOllsit:!eratioR shaH be deemed by the eity
eOllfleil to be ofurgeRt Reeessity for the preservatioR oflife, health or property, ana shall
Be authorized BY metioR passed BY the affirmative votes ef at least two thirds (2/3) of the
meml30m ofthe eity eeulleil aRt:! eORtaiRing a deelaratioR efthe faets eORstituting sueh
lHgeRey.
Fer pllfJloses efthis seetieR, "puBlie werks eeRstruetiell" shall be deemed te mean
a prejaet fer the areetioR er imprevemallt efpuBlie buildiRgs, streets, drains, sewers,
parks, or pl&ygroullds. Mailltellanoe aRd rep&ir ef puBlie builaiRgs, streets, !kains, SO'Ners,
parks, or playgrollflds shall ROt be eellsidered as publie ':..erks eORstruetion.
658-12
.^.f1Y cemmet inyelving eJlpenaitlH"e ef publie hmds, even tllEHlgfl net reE[lIirea to
be let by eeHljletitive bidaing after pablieatien ef notiee, shall nevertheless be entered
iHte enly after roview ef slleh alternative selH"ees of sHjlply er performance as may be
available in cemjletitien with eHe anether and selectieH therefrom eH the basis ef
ebtaiRiHg maJlilffilm E[lIality gesas, services, er performance at millimltiR ces!. The city
manager shall reeo_eml aHa the city ce\lRcil shall ceRsider ana aaopt by araimmce
mles ana regHlations geyerniHg the cemraetiHg and plH"ehasiHg ef all services, sHjlplies,
materials, ana eE[aipment reE[airea by any sUice, aepartmeHt, agellcy, emcer, or
employee of the city goyemmeHt.
Nothing cOHtained iH this section fihall prohibit an)' coHtract for pub lie '.Varks conotruetieH
?/ith, or the parchase ar aCE[uisitieH ef an)' materials, sHjlplies, laber, eE[lIipmeHt sr sther
valuable cSHsideration from ar tbl'tlllgfl, an)' public or gsvernmeHtal body ar ageRCY
withollt cOHljlliance with the bidding pre'/isioHS of this section. See. 122. Same
Campetiti.le bidding.
Subjeet to the provisieRs sf this charter and mles ana reglllations prescribed by
the city council by erdinlHlce, ample eppertllHity shall be giveH for csmpetitive biddillg
berere malling plH"ehases of, sr csmracts far, sHjlplies, materials, ar ellllipmeHt.
658-13
Sec. 901. Appointments, removals, vacancies, terms.
@.LExcept as otherwise specified in this charter, the member of each ofthe
appointive boards and commissions shall be appointed, and may be removed, by the city
council, subject in both appointment and removal by the affirmative votes of a majority
of the members. For boards or commissions having at least seven (7) members, the citv
council shall select seven (7) members from nominations made bv the council member
(or the mavor in the case of the citv-wide seat) whose term coincides with that board or
commission seat, (as determined bv the citv council in accordance with subsection (e)
below, together with nominations from anv other member ofthe council. All other
appointments shall be as determined bv this charter, or bv the citv council from time to
time. Beginning with terms starting after the 2006 General Election, at least fiftv-percent
(50%) of those persons nominated from time to time bv a council member shall be
residents of the ward represented bv such council member.
flU Vacancies from whatever cause arising shall be filled in the same manner.
Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill
such vacancy shall be for the unexpired portion of such term. All terms shall begin on the
same date as citv councilmember terms as provided in section 400 of this charter.
tl If a member of a board or commission absents himself from-tflree two (J2)
regular meetings of such board or commission, consecutively, unless by permission of
such board or commission expressed in its official minutes, or fails to attend at least one-
half 0/2) of the regular meetings of such board or commission within a calendar vear, or
is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of
the city, IHsthe office shall become vacant and shall be so declared by the city council.
@lExcept as otherwise provided in this section, the members of such boards and
commissions shall serve for a term of four (4) years and until their respective successors
are appointed and qualified, but in no event shall any person be eligible for
reappointment who has served two (2) consecutive terms of four (4) years each,
irrespective of what seat or seats the member is appointed to bv the citv council.
Notwithstanding the foregoing, one seat shall be a citv-wide seat having a (2) vear term
which coincides with that of the Mavor, and which shall be limited to four (4)
consecutive terms of two (2) vears each. Short or partial terms (as defined for citv council
in Section 401 of this Charter) shall not be considered. Unless otherwise provided by
ordinance of the city council for a board or commission having more or less than seven
(7) members, the terms ofthree (3) of the members of each such board or commission
shall begin on the date of the beginning of the term of office of council members elected
at every second general election commencing with the April, 1983 general election,
aBtlthe terms ofthe remaiaiag three (3) other members shall begin on the date of the
beginning of the term of office of council members elected at every second general
election commencing with the November, 1984 general election, and one 0), as
designated bv the citv council. shall coincide with the term of the mavor. It is the intent
of this section that the term of office on boards and commissions shall be concurrent with
658-14
the term of office of council members. Thereafter, any appointment to fill an unexpired
term shall be for such an unexpired period. No person shall be eligible for appointment
to a board or commission who completed a term on the City Council immediately
preceding that board or commission term.
@The city council shall determine which members of such boards and
commissions serving as such at the time of the April, 1983 general election shall serve
shortened or extended terms. Beginning with terms starting immediately following the
2006 general election, for board and commissions with at least seyen (7) members, the
city council shall designate seyen (7) board and commission seats by ward, and one city-
wide. These designations shall be solely for the purpose of nominations and calculations
of terms as proyided in this Section 901. Except for purposes ofthe fifty-percent (50%)
nomination rule in subsection (a) aboye, residency in that ward is not required.
658-15
Sec. 901.1. Prohibition against serving as treasurer for campaign committee.
If any member of an appointive board or commission shall become the treasurer of a
campaign committee which receives contributions for any candidate for mayor or
councilmember, his or her office shall become vacant and shall be so declared by the city
council. Anv provisions of this Article IX notwithstanding, no person who serves as the
treasurer of a campaign committee which receives contributions for anv candidate for
mavor or councilmember shall be eligible for appointment to anv appointive board or
commiSSIOn.
658-16
Sec. 910. Sllille 910 Planninl! Commission-Powers and duties. Duties
The planning commission shall have power and be required to:
(a) Prepare and maintain a master j'llan fur the physical develoj'lment of the
city and of llfIY land outside the boundaries thereof which, in the
commissisa's judgmeat bears relatioa to the j'llanniag for the j'lhysical
develsj'lment ofthe city, includiag a gea"ral j'llan for streets aad highways,
aad swmit such j'llaa ar.nually t" the city SOWleil fer csasideratioa and
apj'lrsval;
ill periodicallv review the city's General Plan;
.ch.l Make studies and plans for future civic land use, including use as public
recreation facilities;
( c) Prepare a tea (10) year cElflital iHlflrovement j'lrogram, revised ar.ffilally,
which shall set forth all "fthe cElflital iHlflrovefllents coateHljJlated by the
several ,,[fices, dOflartments, and other ageaeies of the sity accor-diHg to a
logical order of j'lriority v;ith the amolffit of fuads required for each capital
imj'lrovemeat llfId the j'llaHRed fllethod of Raanciag aad submit sueh a
program annually to the city maaager and the city cOllflcil;
if} Annually review the city's capital improvement program solely for
consistency with the general plan;
@ Exercise such functions as to land subdivisions, zoning, and other city
planning as may be prescribed by ordinance.
ill By its own motion, make such studies and investigations as it may deem
necessary for the formulation of planning and land use policies and report
its findings and recommendations to the city councilor the city manager,
or to both such authorities, as it may see fit.
658-17
Sec. 911. Personnel board--Membership.
The personnel board shall consist of seven (7) members to be appointed by the city
council from the qualified electors of the city. None of the members shall be removed
from office without reasonable and sufficient cause, in accordance with procedures as
provided by ordinance. None of the members shall hold public office or employment in
the citv government or be a candidate for any other public office or position, be an officer
of any local, state or national partisan political club or organization, or while a member of
the personnel board or for a period of one (I) year after he has ceased for any reason to
be a member, be eligible for appointment to any salaried office or employment in the
service of the city.
658-18
Sec. 912. Same--Powers and duties.
The personnel board shall have power and be required to:
(a) Hear appeals pertaining to the disciplinary suspension, demotion, or
dismissal of any officer or employee having permanent status in any
office, position, or employment in the civil service; and as otherwise
provided for in the civil service rules and regulations;
(b) Consider matters that may be referred to it by the city councilor the city
manager and render such counsel and advice in regard thereto as may be
requested by the referring authorities;
(c) By its own motion, make such studies and investigations as it may deem
necessary for the formulation of civil service policies, or to determine the
wisdom and efficacy of the policies, plans, and procedures dealing with
civil service matters and report its findings and recommendations to the
city manager or the city council, or to both such authorities, as it may see
fit;
(d) Conduct public hearings on all proposed amendments to or repeal
of civil service rules and regulations in the manner as prescribed by
ordinance, and advise the council of its findings in such matters within
sixty (60) days.
658-19
Sec. 1000. Civil service system.
f. ci'lil service syatem shall be as follows in addition to necessary rnles of
iHlfllemeatation to be establishes by ordinooce and as may be recommensed by the
persoanel boars: (a) ThatThe Citv Council shall establish and maintain a civil
service svstem which shall provide that the most qualified and competent
CHlfIloyeespersons shall be appointed and promoted, based upon fair and equitable
competition for the positions to ensure the highest quality city government. (il)
That no. free from political or ether-outside influences shall affect appeintmeats
or promotions. (c) That there shall be. while ensuring equal opportunity ffir-aH
personG regardless of age, sex, race, religion, crees, marital statl!s, physical handicElJl, or
national originin conformance with all applicable laws.
(d) That there is elJ.Hitable treatment of all civil service employees in matters
of discipline, layeff or dismissal from the city service.
The system shoHld be estalllished in sHch a mar.ner teshall be created through a series of
civil service rule and regulations. established bv ordinance or resolution as deemed
appropriate bv the citv council. which shall ensure the accomplishment of the foregoing
standards in appointments, promotions, discipline, layoffs or dismissals of civil service
employees~
The civil service flIles and regulations shall pro'lide for sHch matters as the city
council and the persoanel board may deem necessary, proper er expedient to carry OHt the
inteat and pllfJlose of the ci'iil service pr-ovisions of this charter. TheGe ruleG and
regHlations shall provide: (a) Pref-crence for veterans for. and which shall provide
for preference for veterans in appointment to civil service positions consistent with the
principle of merit.
(b) Vacancies in pesitions efthe higher classes in the civil service of
the city shall be Riled with preference to employees occlljlying positions oflower classes
having ffittieG and reaponsibilities 'lihich can reaaonallly be censidered as affording
training and ellperience for the perfermance efthe dmies efthe higher claGs.
(c) That personG achieving eligibility for a pesition in the civil service shall
retain that eligible statHS for a time sufficient to offer an oppertlffiity to be
ElJlpointed to a pesition in the civil service.
(d) That the right to exercise disciplinary and dismissal pewers is vested
respectively in the officers ofthe city who have the power of appeiHtment
as te ooy positien in the pefGOlmel system. Actions relating to sHGj3ension,
demotion or dismisGal fer reasonable and sHfficieat Clffise may be taken by
the officer ha'ling the pewer of ElJlpointmeat te the position.
658-20
Sec. 1002. Civil service and excepted service.
The civil service system of the city shall cover all employees ofthe city not excepted by
this section.
(a) The excepted service shall comprise the following offices and positions:
(I) The individual offices held by all elective officers;
(2) Tile city manager and his assistants, if any;
(3) Tile city attorney and his legal assistants, if any;
(1) Tile clerk ofthe CElllflcil;
(5) Tile director of finance;
(€i) Tile directer efpersonnel, if any;
(7) Tile head of eash department ofthe sity not etllerwise specified
herein, and tile shief administrative efficer efthe semmllRity
redevelepment agency offue City of Santa fJla, and of tile Ileasing
aatllerity eftlle City ef Santa "'\aa, bat not inshllling the pelise
chief er the fire shief;
(2) Council-appointed officials and their assistants, if anv;
(&;i) One private secretary to the city manager;
(4) The head of each department of the citv;
(9~) All members of boards and commissions;
(W.Q) Positions occupied by persons employed to render professional, scientific,
technical, or expert service of an ocsasienal and e)(cejJtienal natllfe;
(H1) Positions in any class or grade created for a special or temporary purpose,
and which are to exist for a period of not longer than ninety (90) days;
(~~) Positions of any class or grade exempted from the civil service for a
maximum of six (6) months in any calendar year provided that the personnel board upon
application ofthe city manager and after public notice and hearings recommends to the
city council such exemption and the city council grants such exemption by motion
adopted by two-thirds (2/3) of its members. Any such exemption shall not affect the
tenure of any person whose appointment has become final under civil service;
658-21
(H.2) Part-time positions or employments requiring less than twelltyfortv (;Ml40)
regular hours of employment per week;
(11) School crossing guards;
(~ 10) All positions occupied by persons employed to replace employees ordered
to active duty, enlisted, or drafted for military service during a national emergency or
when this country has declared war and until the expiration of the time when such
replaced employee could demand his former position of employment under federal or
state statutes.
(b) The civil service shall comprise all positions not specifically
included by this section in the excepted service.
(c) In the event an officer or employee of the city holding a position in
the civil service is appointed to a position in the excepted service and should
subsequently be removed therefrom, hethat person shall revert to IHstheir former position
in the civil service without loss of any rights or privileges and upon the same terms and
conditions as ifhethe officer or employee had remained in said position continuously.
(d) In the event an officer or employee of the city is holding a position
in the civil service that is removed from civil service through amendment of this section,
such officer or employee shall retain all of the benefits of such civil service status so long
as the employee or officer continues to hold such position.
658-22
Sec. 1200. Elections--Conducting.
The conduct of all municipal elections by the clerk of the council shall be under
the control of the city council which shall, by ordinance or resolution, provide for the
holding of all municipal elections.
658-23
658-24