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ORDINANCE NO. XXX-2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BARSTOW AMENDING CHAPTER 2.48 OF THE
BARSTOW MUNICIPAL CODE, “PERSONNEL SYSTEM”
The City Council of the City of Barstow ordains as follows:
SECTION 1. The following sections of Chapter 2.48, entitled “Personnel System” are hereby revised to read as follows:
2.48.010 - Definitions.
As used in this chapter, the following terms shall be defined as indicated:
"Acting appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.
"Appointing power" means the officers of the city who, in their individual capacities, or as a board, commission, or city council, have the final authority to make the appointment to the position to be filled.
"At-will employee" means an employee employed at the will of the appointing authority and who may be disciplined or removed at any time without cause or right of appeal. "Atwill employees" include the City Manager and the, City Attorney, Chief of Police, Fire Chief, Assistant Fire Chief, Assistant to the City Manager, Assistant City Manager, Community & Economic Development Director, Finance Director and other Department Heads.
"Casual employee" means those individuals filling intermittent relief needs on a scheduled or unscheduled basis, subject to their own availability. "Class" means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.
"City service" means all positions of employment in the service of the city except those specifically excluded by this chapter.
"Days" mean calendar days unless otherwise stated.
"Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.
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"Examination" means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service. "Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.
"Lay-off" means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the city council for the above reasons or due to organizational changes.
"Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.
"Probationary period" means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by the actual performance of the duties of the position.
"Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.
"Reinstatement" means the reemployment without examination of a former regular employee or probationary employee.
"Suspension" means the temporary separation from the service of an employee without pay, for disciplinary purposes.
"Transfer" means a change of an employee from one position to another position in the same class or in a comparable class.
2.48.030 - Exceptions.
The provisions of this chapter shall apply to all offices, positions, and employments in the service of the city, except:
(a) The city manager;
(b) Elective officers;
(c) Members of appointive boards;
(d) Persons engaged under contract to supply expert, professional, technical, or any other services;
(e) Volunteer personnel, such as police reserves;
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(f) City attorney;
(g) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;
(h) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions;
(i) At-will employees.
SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3. Effective Date. This Ordinance shall take effect 30 days after adoption.
SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED, this 15th day of May, 2023. ________________________________
Paul Anthony Courtney, Dr.B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
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I, Andrea Flores, City Clerk of the City of Barstow, California, do hereby certify that the foregoing Ordinance No. XXX-2023 was introduced at a regular meeting of the City Council of the City of Barstow held on the 1
st day of May, 2023 and adopted at the regular
meeting of the City Council of the City of Barstow on the 15th day of May, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
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Andrea Flores, City Clerk