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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 Section 2-62 of the Code of Laws is repealed in its entirety, CNB\53027\415722.02 Section 4.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 CNB\53027\415722.02 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. CNB\53027\415722.02 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. CNB\53027\415722.02 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 CNB\53027\415722.02