HomeMy WebLinkAboutOrdinance-2002-1259
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Schneider
Council Bill No. 24-2002
Ordinance No. 1259
Series of 2002
TITLE: AN ORDINANCE ABOLISHING THE CIVIL SERVICE
COMMISSION AND AMENDING ALL REFERENCES TO THE
COMMISSION IN THE CODE OF LAWS OF THE CITY
WHEAT RIDGE.
WHEREAS, pursuant to Section 9 2 of the Home Rule Charter of the City of
Wheat Ridge ("Charter"), the Wheat Ridge City Council ("City Council") has the
authority to create boards and commissions; and
WHEREAS, pursuant to this authority, the City Council previously created
the Civil Service Commission; and
WHEREAS, the power to create conferred upon the City Council by the
Charter necessarily includes the power to abolish; and
WHEREAS, the City Council finds and determines that the Wheat Ridge Civil
Service Commission is no longer needed for the purposes for which it was created;
and
WHEREAS, the City Council desires to abolish the Wheat Ridge Civil Service
Commission and amend all references thereto within the Code of Laws of the City
of Wheat Ridge.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1. The Civil Service Commission established under Section 2-52 of
the Code of Laws is abolished.
Section 2. Section 2-52 of the Code of Laws IS amended to read In its
entirety as follows:
The following boards and commissions of the city are hereby
established: Personnel commission, animal control commission, parks
and recreation commission, arborist board, building code advisory
board, planning commission, AND board of adjustment, and civil
. . .
scrvlcc commiSSion.
Section 3. Section 2-62 of the Code of Laws is repealed in its entirety,
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Section 4. Subsection 2-28(4) of the Code of Laws is amended to read In
Its entirety as follows:
(4) Assisting the civil 3crVlCC and personnel commission with ITS
tfletf work.
Section 5. Subsection 2-30(14) of the Code of Laws is amended to read in
its entirety as follows:
(14) Working with the CITY MANAGER OR HIS OR HER DESIGNEE
civil servicc commission on hiring and disciplinary procedures.
Section 6. Subsection 19-5 (14) of the Code of Laws is amended to read in
its entirety as follows:
(14) Working with the CITY MANAGER OR HIS OR HER DESIGNEE
ci'Jil Gcrvice eemffiission on hiring and disciplinary procedures.
Section 7. Section 19-22 of the Code of Laws is amended to read In its
entirety as follows:
Sec. 19-22. Same--Classified service.
(a) The classified service of the police department shall consist of all
regular paid members of the police department other than temporary
or contract labor and the chief of police. Positions within the classified
service may be created or added by an affirmative vote of a majority
of the members of council, and upon creation shall become subject to
CITY ci'Jil 3crvicc regulations. Any positions shall be thereafter
abolished by affirmative votes of a majority of city council.
(b) Positions allocated to such grade or rank may only be filled
pursuant to CITY civil 3crvicc commiGGion policies and procedures.
Section 8.
rules of the civil
policies. "
Section 19-24 of the Code of Laws is amended by deleting "the
service commission" and substituting therefor "city personnel
Section 9. Section 19-25 of the Code of Laws IS amended to read In its
entirety as follows:
19-25. Promotion.
All positions above those of entry level, except for the rank of Police
Officer II, shall be filled by promotion of eligible candidates within the
police department, under such service requirements and examination
procedures as shall hereafter be established by CITY POLICY thc civil
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3erVIOEl eOffimi3sion; provided that, all such rules and regulations
outlining qualifications and service requirements, for both applicants
for original appointment and for promotion, must be promulgated
without any reference to political or religious opinions or affiliations, or
race, creed or color. All promotions shall be made IN ACCORDANCE
WITH CITY POLICIES by appointing the fir3t perGon on the eligibility
list for the position as ecrtified by the eivil service eommission. The
person so appointed shall complete a probationary period after
appointment of one (1) year's duration, at the end of which period he
shall either be permanently appointed to such position or demoted to
his former position, in accordance with the procedure in section 19-
26.
Section 10. Section 19-26 of the Code of Laws IS amended to read In its
entirety as follows:
19-26. Demotion.
In the event a member, having been duly certified and promoted, fails
to satisfactorily perform the duties of the position to which he was
promoted, in the opinion of the chief of police and the city manager,
the chief of police shall SUBMIT prepare a written order of demotion
TO THE CITY MANAGER OR HIS OR HER DESIGNEE, filing the original
vvith the civil aen:iee commission and SERVE serving a copy on the
affected member. The order of demotion shall state as specifically as
possible the reasons such member did not satisfactorily perform his
duties and shall be approved by the city manager.
Section 11. Subsection 19-27(c) of the Code of Laws is hereby amended to
read in its entirety as follows:
(c) All eligible lists, for both original appointment and for promotion to
positions in the classified service of the department, shall expire after
one (1) year; except that the chief of police, with the approval of the
CITY MANAGER OR HIS OR HER DESIGNEE civil service eommi33ion,
may extend an eligibility list for a mm(imum of three (3) month3.
Section 12. Section 19-29 of the Code of Laws is repealed and reenacted to
read in its entirety as follows:
19-29. Appeals.
A classified employee may appeal a disciplinary action in accordance
with the appeals process provided by the City of Wheat Ridge
Personnel Policies then in effect.
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Section 13. Section 19-30 of the Code of Laws IS amended to read In its
entirety as follows:
19-30. Judicial review.
Either the member of the classified service affected or the city
administrator may seek ft judicial review of the FINAL finding and
decision of the CITY oivil servieo eORlmission by certiorari in
accordance with the Colorado Rules of Civil Procedure then in effect.
^" Guoh aotionG for a rovio'.', of tho finding and tho dooiGion of tho oivil
Gor",.ioo oommiGGion Ghall bo brought within thirty (30) daY3 of thc
dooiGion of tho eivil Gorvioo oommiGGion, and if Guoh aotion iG not
breught within Guoh time it shall BO forever Barres. Jusioial roviow
proooodingG horoundor Ghall not bo furthor than to dotormino if tho
oivil sor",.ioo oommi3GioA has mwoodod its jurisdiotion or abusod itG
diGorotioA uAdor tho provisions of thi3 artiolo and tho 3tatutos of tho
3tOtO.
Section 14. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 15. Severability: Conflictina Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 16. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 22nd day of July, 2002, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for August 12, 2002, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
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READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 , this 12th day of August, 2002.
SIGNED by the Mayor on this
20thday of
,2002.
ATTEST:
C)k;:L~
Wanda Sang, City ~
,0,
Gerald E. Dahl, City Attorney
First Publication: July 25, 2002
Second Publication: August 77 r 7007
Wheat Ridge Transcript:
Effective Date: September 6, 2002
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