ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTION 20-27 OF THE FONTANA MUNICIPAL CODE TO REVISE THE PROCESS OF MODIFYING THE SPECIFICATIONS OF AN EMPLOYMENT POSITION SUCH THAT IT REQUIRES ONLY CITY MANAGER APPROVAL WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code section 45001 grants a legislative body of a city the authority to establish a personnel system, merit system or civil service system for the selection, employment, classification, advancement, suspension, discharge, and retirement of appointive officers and employees; and WHEREAS, Government Code section 45004 provides the legislative body of a city with the authority to appoint a personnel officer, to which it may delegate powers and duties related to its personnel system; and WHEREAS, the City Council (“Council”) finds and declares that this Ordinance constitutes a valid exercise of police power in accordance with Article XI, Section 7 of the California Constitution, is consistent with the General Plan, and furthers the health, safety, and general welfare of the residents of the City of Fontana; and WHEREAS, on March 16, 1954 Council adopted Ordinance No. 58 creating the position of Personnel Officer, and delegating such duties that aid in establishing and maintaining the City’s personnel system, merit system, and civil service system; and WHEREAS, the City hereby wishes to amend Chapter 20, Section 27 of the Fontana Municipal Code (“FMC”) to revise the process of modifying the specifications of an employment position such that it does not require Council direction and approval; and WHEREAS, the City hereby wishes to amend Chapter 20, Section 27 of the FMC to revise the process of modifying the specifications of an employment position such that it only requires City Manager direction and approval; and WHEREAS, the City held a noticed public hearing on June 13, 2023, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting this instant Ordinance; and WHEREAS, Council desires to revise the process of modifying the specifications of an employment position to provide a more efficient administration.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Fontana as follows:
SECTION 1. Incorporation of recitals. The recitals are true and correct and incorporated herein by this reference.
SECTION 2. Amendment of the Municipal Code. “Personnel Officer.” Section 20-27 of the FMC is hereby amended to read as follows:
“There is hereby created the position of Personnel Officer. The term, Personnel Officer, as used in this Code, shall mean the Human Resources Director or such other person as may be designated to perform the duties in accordance with this chapter. The duties of the Personnel Officer may be combined with those of any other office or position. If such duties are not combined with those of any other office or position, the Personnel Officer shall have had training or experience in personnel administration. The Personnel Officer shall:
(1) Administer all the provisions of this article and of the personnel rules not specifically reserved to the Council. (2) Prepare and recommend revisions and amendments to the personnel rules. The City Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council. (3) Under the direction and approval of Council, prepare a position classification plan and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval of the Council. (4) Under the direction of the City Manager, prepare class specifications and revisions thereof. The class specifications, and revisions thereof, shall become effective upon approval of the City Manager. (5) Under the direction of Council, prepare a plan of compensation, and revisions thereof, covering all classification titles in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by Council. (6) Publish or post notices of tests for positions in the competitive service, receive applications therefor, conduct and grade tests, and forward to the appointing power a list of all persons eligible for appointment to the appropriate position in the competitive service.” SECTION 3. Environmental review. This Ordinance is not a project within the meaning of Section 1538 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt for the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino in accordance with CEQA Guidelines.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council 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 may be declared invalid or unconstitutional.
SECTION 5. Effective Date. The Ordinance shall become effective thirty (30) days following its passage and adoption.
SECTION 6: Publication. The City Clerk shall attest to the passage and adoption of this Ordinance and cause a summary of the same to be published as required by law.
SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.
PASSED, APPROVED AND ADOPTED this ____ day of __________, 2023.
________________________________
Acquanetta Warren, Mayor
City of Fontana
________________________________
Germaine McClellan Key
City Clerk
Read and Approved as to form:
Best, Best & Krieger, LLP.
__________________________________
Ruben Duran, City Attorney
3 -1-