Article IX. Personnel  


ARTICLE IX. PERSONNEL

Section 1. Appointments and Promotions. Appointments and promotions in the administrative service of the City shall be made according to merit and fitness, to be ascertained so far as practicable, by competitive examination. To carry out this purpose the Council shall be empowered to provide by ordinance a system for the classification of employees and rules for the appointment and promotion of employees within such classifications.

Section 2. Classified Service. No officer, employee, member of a board, or other person, who is to be appointed by the Council under this Charter, and no department head, shall be included within the classified service of the City, but all other persons in the administrative services of the City shall be included therein unless specifically excluded therefrom by the ordinance providing for a system of classified services.

Section 3. Prohibited Acts. (a) No person appointed by the Council to any board, commission, committee, or agency of the City and no person employed in the administrative service of the City, or who seeks an appointment thereto, shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of sex, race or political or religious opinions or affiliations.

(b) No paid appointive officer or employee of the City shall continue in such position after becoming a candidate for nomination or election to any public office.

(c) No appointive officer or employee of the City shall make a contribution to the campaign fund of any person seeking election to a City office or to any political party supporting a candidate for election to a City office, nor shall the officer or employee be solicited for this purpose, but the right to express an opinion or cast a vote as a citizen shall not be limited.

(d) No person seeking appointment to or promotion in the administrative service of the City shall either directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or on account of or in connection with the appointment or promotion, or any examination conducted therefor.

(e) Any person who either alone or with others willfully violates any provision of this section shall be ineligible for appointment or election to a position in the City for a period of four years, and if the person is an officer or employee of the City the person shall immediately forfeit the office or position he or she holds.

Section 4. Employee Pensions and Insurance. All rights and obligations under any plan for the payment of retirement benefits, pensions, or disability benefits to any City employee which is in force upon the effective date of this Charter shall be unaffected by the adoption thereof. The Council shall have the power, in its discretion and subject to such regulations and limitations as it may deem proper, to create, operate, and contract plans or insurance which will provide health, life, accident, medical and hospital benefits, or any of these, for all or any group of City employees, and to pay or contribute toward the cost of such plan or insurance out of funds available for that purpose.

(Ord. No. 96-59, § 12, 6-16-96)

(Ord. No. 96-59, § 12, 6-16-96)

(Ord. No. 89-17, § 3(20), 1-26-89; Ord. No. 91-95, § 4(14), 11-14-91; Ord. No. 96-59, § 12, 6-16-96; Ord. No. 12-009, § 2, 2-23-12)

(Ord. No. 96-59, § 12, 6-16-96)

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Taxation for pension plans, Art. VIII, § 2(e)(5).

Section 5. Reserved.

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Section 5 of Article IX was repealed by approval of Proposition 5 at a city charter amendment election held April 8, 1968. The results of the election were confirmed by Ord. No. 69-35, enacted April 17, 1969. Section 5 which pertained to wages and compensation of the police and fire department, was adopted at an election held April 11, 1967, the results being confirmed by Ord. No. 67-23 enacted April 20, 1967.