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Chapter VI

Civil Service System

Section 6.1.  Personnel Board.

The Council shall provide by ordinance for a civil service system under the merit principle of personnel management.  Said ordinance may be supplemented by rules and regulations based on said ordinance.  The civil service system shall provide at least the following:

(a) For a professional and impartial approach to all municipal personnel problems based solely on the fitness, training and experience of the individual.
(b) For a nonsalaried Personnel Board, hereinafter referred to as "Board" in this chapter, consisting of five (5) citizens who shall be appointed by the Council.  The Board members shall hold no other municipal office or position and shall be known to be in sympathy with the intent and purpose of Chapter VI of this Charter.  The Board shall develop its own rules of procedure. (As amended 7-29-80, 11-5-91)
(c) The City Manager shall designate an administrative officer or employee to serve as secretary to the Board.
(d) The City Manager shall develop a classification and pay plan based on the most modern and accepted principles of such plan.
(e) The City Manager may consult with the Board on all major policy and procedural questions relating to personnel management.  The powers of the Board shall be advisory and not controlling as to the personnel operations of the City.

For a system of grievances and appeals to the Board, of employees who have been suspended, demoted or discharged and who believe that their cases have not been given proper treatment by the appointing authority.  The Board shall review each such appeal after receiving from an employee a statement in writing, setting forth the nature of the appeal and the reasons therefor, provided that the Board must receive the appeal within thirty (30) days following the appointing authority's action.  After a full and proper hearing of the appeal, at which the employee shall have the right to be represented by counsel, the Board shall have power to decide any of the following:

(1) To uphold the City Manager's or the appointing authority's action;
(2) To require by a majority vote reconsideration of the suspensions, demotions or discharges and a new decision of reinstatement or a lesser penalty or confirmation of the original demotion or discharge to be made by the City Manager or the appointing authority.
(g) The secretary to the Board shall be required to fully advise the Board of any disciplinary action taken as soon thereafter as is practicable.
(h) Any employee or official who has held a position or office included in the civil service system for a period of at least one (1) year prior to the date of adoption of the said civil service ordinance shall be retained without preliminary or performance tests and shall thereafter be subject in all respects to the provisions of this chapter, the civil service system ordinance or personnel rules and regulations
(i) For the restriction of active participation in the municipal politics of the City of Westminster, it being the stated policy, however, not to deny to employees and officials covered by the civil service system the rights of such persons to engage in their normal rights and responsibilities as citizens.
(j) The right to appeal to the personnel board as set forth in the provisions of this Charter, the civil service system ordinance and the personnel rules and regulations shall apply to all regular, full-time employees and all classified, benefited part-time employees of the City and not to officials holding elective offices, the administrative officers, technical consultants employed under contract by the City and members of boards and commissions of the City.  (As amended 11-8-89 and 11-3-98)

Section 6.2.  Intent of Merit System.

It is the intent of this chapter to secure the establishment of a program of a civil service system under the merit principle as an integral part of the administrative service, to the end that the administration of the City's personnel program will be done in a manner equitable to the employees without handicapping or curtailing responsible administrative officers, and by increased efficiency and improved administration will be economical to the citizens.