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Ordinance No. 1202NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING A NEW ARTICLE I, SECTION 2.4, TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH A PERSONNEL MERIT SYSTEM AND AMENDING ARTICLE I, SECTION 2.6-6(C), REGARDING THE AUTHORITY OF THE CITY ADMINISTRATOR IN PERSONNEL MATTERS AND ORGANIZATION WHEREAS, on November 8, 2011, Measure C was passed by the voters, deleting Section 7.6, of the Vernon City Charter. Section 7.6 had provided a rule of "at -will" employment for City employees and had barred the City from adopting alternative employment ordinances, such as a merit system, which often provide City employees property rights to employment following successful completion of a probationary period; and WHEREAS, the City Council desires to establish a merit system for the administration of City personnel and to centralize hiring authority and personnel matters within the office of the City Administrator. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Recitals. The City Council hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: Exempt from CEQA. The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may.have an effect on the environment. Rev021913 SECTION 3: Municipal Code Amendment #1. A new Article I, Section 2.4 is added to Chapter 2 of the Vernon Municipal Code to read as follows: "2.4 Merit System. Pursuant to authority granted under the City's Charter, Section 5 of Article XI of the California Constitution, and Section 45001, of the Government Code, the City Council hereby establishes a merit system for the administration of those City officers and employees to be included in the system, as set forth in the personnel policies and procedures manual to be created and as referenced in Section 2.6-6(c), of this code. 2.4-1 Merit Principle. All appointments and promotions of City officers and employees shall be made on the basis of merit, with due regard for equal opportunity in employment, and ability shall be demonstrated by appropriate examination or other evidence of competence." SECTION 4: Municipal Code Amendment #2. Chapter 2, Article I, Section 2.6-6(c), is amended to read as follows: "(c) Personnel and organization. The City Administrator shall establish a manual of the rules, policies and procedures necessary to the administration of the merit system of those appointive officers and employees who shall be included in the system. Preexisting personnel policies and procedures consistent with the merit system will be incorporated into the manual where appropriate. The City Administrator, or his or her designee, is authorized to promulgate appropriate instruction and guidance for the purpose of providing the administrative policy and procedural direction necessary to - 2 - Rev021913 implement the rules, policies and procedures for the administration of the merit system. The City Administrator shall retain ultimate authority and responsibility for any delegated actions. Except as excluded from this authority herein, the City Administrator is authorized to appoint, promote, direct, discipline, suspend, demote, and terminate, and take other actions affecting, any employee of the City, as reasonably necessary. The City Council, and not the City Administrator, is authorized to appoint the head of each of the departments established in the code, after receiving the recommendation of the City Administrator. The City Administrator shall advise the City Council of any proposed termination prior its effective date. The City Attorney, and not the City Administrator, is authorized to appoint, promote, direct, discipline, suspend, demote, terminate, and take other actions affecting, his or her respective staff, as reasonably necessary. The City Attorney is not subject to the powers of the City Administrator. The City Council is authorized to appoint, promotd, direct, discipline, suspend, demote, terminate, and take other - 3 - Rev021913 actions affecting, the City Administrator and City Attorney, as reasonably necessary. The City Administrator shall recommend to the City Council such reorganization of officers, departments or divisions as may be indicated in the interests of the efficient, effective and 'economical conduct of the City's business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the City Council." SECTION 5: Existing MOUs. To the extent that any provision of this ordinance conflicts with any provision of any memorandum of understanding in effect on the effective date of this ordinance, the provision in the memorandum of understanding shall prevail. SECTION 6: No Contract. This Ordinance does not create any contract of employment, express or implied, or any rights in the nature of a contract: SECTION 7: Severability. The City Council declares that should any portion of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining portions of this Ordinance shall remain in full force and effect. SECTION 6 Publication The Interim City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and such certification to be entered in the Book of Ordinances of the City Council. Pursuant to Section 36933 of the Government Code, within 15 days of the adoption of this Ordinance, the Interim City Clerk, or Deputy City Clerk, shall cause this Ordinance to be published or posted with the names of those City - 4 - Rev021913 Council members voting for and against the Ordinance as required by law. SECTION 9: Book of Ordinances. The Interim City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The Interim City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. Section 10: This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. APPROVED AND ADOPTED this 5th day of March, 2013. , Interim City Clerk APPROZ 0 FORM: 3Id1i Nicholas George Rodriguez, City Attorney - 5 - � t Name: William J. Davis Title: Mayor / " � Rev021913 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, DANA REED, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1202, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 19, 2013, and thereafter adopted at a meeting of said City Council held on Tuesday, March 5, 2013, by the following vote: AYES: Councilmembers: Mayor Davis, Mayor Pro- Tem McCormick, Maisano, Martinez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this �Ti day of March 5, 2013, at Vernon, California. Reed rim City Clerk (SEAL) CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 5, 2013 TO: Daniel Calleros, Police Chief Kristen Enomoto, Assistant to the City Administrator Carlos Fandino, Director of Light & Power William Fox, Finance Director Leonard Grossberg, Director of Health & Environmental Control Masami Higa, Assistant Finance Director David Kimes, Interim Fire Chief Alex Kung, Assistant to the City Administrator Joaquin Leon, Deputy City Treasurer Teresa McAllister, Director of Human. Resources Dana Reed, Interim City Clerk James Rodino, Police Captain Mark Whitworth, City Administrator Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant RE: Ordinance No. 1202 — An Ordinance of the City Council of the City of Vernon Adding a New Article I, Section 2.4, to Chapter 2 of the Vernon Municipal Code to Establish a Personnel Merit System and Amending Article I, Section 2.6-6(C), Regarding the Authority of the City Administrator in Personnel Matters and Organization Transmitted herewith is a copy of Ordinance No. 1202 referenced above, which was approved by City Council on March 5, 2013. Thank you. Attachment c: Ana Barcia Ordinance No. 1202 44�ro a �� RVCF � JAN 19 2013 CITY CLERK'S 0 � SCE STAFF REPORT CITY ADMINISTRATION DATE: February 5, 2013 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING A NEW ARTICLE I, SECTION 2.4, TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH A PERSONNEL MERIT SYSTEM AND AMENDING ARTICLE I, SECTION 2.6-6(C), REGARDING THE AUTHORITY OF THE CITY ADMINISTRATOR IN PERSONNEL MATTERS AND ORGANIZATION Recommendation It is recommended that the City Council find that approval of the proposed ordinance establishing a Personnel Merit System and amending the authority of the City Administrator is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. It is recommended that the City Council adopt the attached Ordinance — An Ordinance of the City Council of the City of Vernon establishing a Personnel Merit System for the administration of City personnel and amending Chapter 2, Article I, Section 2.6-6 (C) regarding the authority of the City Administrator in personnel matters and organization. The ordinance exempts the current recruitment process underway for the Fire Chief position, and existing procedures as documented in current Memoranda of Understandings with recognized employee associations relating to City Council authority and the decision making process on personnel matters and organization: The existing Memoranda of Understanding procedures shall still apply. This exemption may be amended consistent with any future adopted memoranda of understandings. Background On November 8, 2011, Measure C was passed by the voters deleting Section 7.6 of the Vernon City Charter. Section 7.6 had provided a rule of "at -will" employment for City employees and had barred the City from adopting alternative employment ordinances, such as a merit system, which often provide City employees property rights to employment following successful completion of a probationary period. The purpose of this ordinance is to establish a system of personnel administration in the City of Vernon that is based on merit and designed to promote the efficiency and effectiveness of city services for the good of the public. The Personnel Merit System shall provide the means to select, develop, and maintain an effective municipal work force through impartially applying personnel policies and procedures free of personal consideration and political coercion, and regardless of race, color, gender, age, creed, national origin, or disability. Application of merit principle for appointments and promotions of city employees shall be demonstrated through appropriate examinations or other evidence of competence. In addition to the general powers as administrative head, the City Administrator must ensure the operational effectiveness and economical -efficiency of the city and its services. As such, it is recommended that the City Administrator be authorized to appoint, promote, direct, discipline, suspend, demote, remove and take other actions affecting all employees and officers of the city as may be reasonably necessary; provided, however that the City Attorney shall be authorized to appoint, promote, direct, discipline, suspend, demote, remove and take other actions as to their respective staff as reasonably necessary. The City Attorney reports directly to the City Council and is not subject to the powers of the City Administrator. As such, the City Council shall appoint, promote, direct, discipline, suspend, demote, remove and take other actions affecting the City Administrator, and City Attorney as may be reasonably necessary. The above provisions will provide a more expeditious process to select and make employment offers to candidates who possess the knowledge, skills and abilities to perform the duties of the position for which they were assessed based upon a process consistent with merit principles. This authority also diminishes any likelihood of public scrutiny, legal risks, and/or potential liability against City Council members involved in personnel decisions that subject them to depositions, lawsuits and potential personal liability. In addition, when employees can petition the City Council on personnel decisions, Councilmembers are often placed in a no -win situation. Councilmembers may be forced to pick between doing a favor for their friends, political allies and members of the public on the one hand, and doing what is best for the city by issuing discipline or firing a particular employee on the other. Leaving personnel determinations to the City Administrator insulates the Council from politically unpopular, but necessary decisions and further protects against allegations of cronyism. The ordinance requires the City Administrator to establish a manual of the rules, policies and procedures necessary to the administration of the merit system of those appointive officers and employees who shall be included in the system. The City Administrator, or his or her designee, is authorized to promulgate appropriate instruction and guidance for the purpose of providing administrative policy and procedural direction necessary for the day to day management and operation of the personnel merit system. In addition, the City Administrator and or designee shall be accountable for the development of personnel policies, procedures, and regulations for employees, which will embrace the concept of merit. Exemptions A recruitment process for the City of Vernon Fire Chief is currently underway with Norm Roberts Consulting Group, Inc. It is recommended that the recruitment process currently identified and in progress for the appointment of the Fire Chief in calendar year 2013 be allowed to complete its course and be exempted from the new ordinance. There are currently two Memoranda of Understanding (MOU) approved and adopted by the City Council and are binding agreements between the City and the Firemen's and Police Officers' Associations respectively. It is recommended that employees covered by the provisions of the MOU's in effect as of the effective date of the resolution be further excluded from the authority granted above. This exemption may be amended consistent with any future adopted memoranda of understandings. In line with the City's good governance reform efforts, City staff is recommending the adoption of the attached ordinance to ensure that personnel practices are carried out in accordance with merit principles. Fiscal Impact There is no fiscal impact as a result of adopting an ordinance to establish a Personnel Merit System. RECEIVED 0 FEB 142013 CITY CLERK'S OFFICE STAFF REPORT ADMINISTRATION DEPARTMENT DATE: February 19, 2013 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: SUPPLEMENTAL REPORT AND ORDINANCE' OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING A NEW ARTICLE I, SECTION 2.4, TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH A PERSONNEL MERIT SYSTEM AND AMENDING ARTICLE I, SECTION 2.6-6(C), REGARDING THE AUTHORITY OF THE CITY ADMINISTRATOR IN PERSONNEL MATTERS AND ORGANIZATION At the February 5, 2013 meeting of the City Council, an ordinance was introduced relating to the personnel merit system and the authority of the City Council over personnel matters. This staff report supplements the original staff report and ordinance from the February 5, 2013 meeting. Recommendation It is recommended that the City Council: 1. Find that approval of the proposed ordinance is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, and 2. Adopt an Ordinance to implement a personnel merit system for Vernon employees by delegating the authority over personnel matters to the City Administrator, except with respect to the City Attorney, City Attorney's staff, and except with respect to appointment of Department Heads which appointment shall remain with City Council. The proposed ordinance shall not alter or amend language contrary to personnel matters presently subject to existing MOU's. Background At the February 5, 2013, City Council meeting, an ordinance was introduced, which would have, among other things, authorized the City Administrator to appoint, promote, direct, discipline, suspend, demote, remove and take other actions affecting all employees, including department heads, but excepting the City Attorney and the City Attorney's staff and members of bargaining units presently under Memoranda of Understanding. At the February 5, 2013, City Council meeting, the matter was tabled because of the concern expressed by Councilmembers during deliberation that it is better public policy in Vernon, given its size and history, for the City Council to retain authority over the hiring and selection process for the heads of each department rather than to delegate that to the City Administrator. The City Council directed that this item be brought back for further discussion at the February 19 Council meeting. Staff has revised the Ordinance to respond to the public policy position expressed at the City Council meeting, as set forth below. Proposed revisions to the Ordinance Based on City Council's public policy position, staff revised the proposed ordinance. The original ordinance is attached to this Staff Report as Exhibit A, and the revised ordinance appears as Exhibit B. As drafted, the City Council, and not the City Administrator, would appoint the Department Heads, after the City Council had received the recommendation of the City Administrator. The City Administrator would still be able to direct, discipline, suspend, demote and terminate Department Heads. The City Administrator's power over non -department heads would remain unchanged. That is, as to those employees, the Administrator could still "appoint, promote, direct, discipline, suspend, demote, and terminate, and take other actions affecting, any employees of the City as reasonably necessary." The two main exceptions to the City Administrator's power would remain. First, the City Attorney would still directly report to the City Council, and the City Attorney would still have sole authority over his or her staff. Second, the ordinance would still exempt existing procedures as documented in current MOU's with recognized employee associations relating to City Council authority and the decision making process on personnel matters and organization. The existing MOU procedures shall still apply. This exemption may be amended consistent with any future adopted MOU. The ordinance also includes revisions to avoid potential inconsistencies with the above mentioned revisions. Good Governance Reform Efforts In line with the City's good governance reform efforts, City staff is recommending the adoption of the attached ordinance to ensure that personnel practices are carried out in accordance with merit principles. Fiscal lmnact There is no fiscal impact as a result of adopting an ordinance to establish a Personnel Merit System. EXHIBIT A NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING A NEW ARTICLE I, SECTION 2.4, TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH A PERSONNEL MERIT SYSTEM AND AMENDING ARTICLE I, SECTION 2.6-6(C), REGARDING THE AUTHORITY OF THE CITY ADMINISTRATOR IN PERSONNEL MATTERS AND ORGANIZATION WHEREAS, on November 8, 2011, Measure C was passed by the voters, deleting Section 7.6, of the Vernon City Charter. Section 7.6 had provided a rule of "at -will" employment for City employees and had barred the City from adopting alternative employment ordinances, such as a merit system, which often provide City employees property rights to employment following successful completion of a probationary period; and WHEREAS, the City Council desires to establish a merit system for the administration of City personnel and to centralize hiring authority and personnel matters within the office of the City Administrator. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Recitals. The City Council hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: A new Article I, Section 2.4 is added to Chapter Exhibit A 2 of the Vernon Municipal Code to read as follows: 2.4 Merit System. Pursuant to authority granted under the City's Charter, Section 5 of Article XI of the California Constitution, and Section 45001, of the Government Code, the City Council hereby establishes a merit system for the administration of those City officers and employees to be included in the system, as set forth in the personnel policies and procedures manual to be created and as referenced in Section 2.6-6(c), of this code. . 2.4-1 Merit Principle. All appointments and promotions of City officers and employees shall be made on the basis of merit, with due regard for equal opportunity in employment, and ability shall be demonstrated by appropriate examination or other evidence of competence. SECTION 4: Chapter 2, Article I, Section 2.6-6(c), is amended to read as follows: (c) Personnel and organization. The City Administrator shall establish a manual of the rules, policies and procedures necessary to the administration of the merit system of those appointive officers and employees who shall be included in the system. Preexisting personnel policies and procedures consistent with the merit system will be incorporated into the manual where appropriate. The City Administrator, or his or her designee, is authorized to promulgate appropriate instruction and guidance for the purpose of providing the administrative policy and procedural direction necessary to implement the rules, policies and procedures for the administration of the merit system. The City Administrator - 2 - Exhibit A shall retain ultimate authority and responsibility for any delegated actions. The City Administrator is authorized to appoint, promote, direct, discipline, suspend, demote, remove and take other actions affecting all employees of the City (except as excluded from this authority herein) as may be reasonably necessary; provided, however that the City Attorney shall have the power to appoint, promote, discipline and terminate his or her respective staff as reasonably necessary. The City Attorney is not subject to the powers of the City Administrator. The City Council shall appoint, promote, direct, discipline, suspend, demote, remove and take other actions affecting the City Administrator and City Attorney as may be reasonably necessary. The City Administrator shall recommend to the City Council such reorganization of officers, departments or divisions as may be indicated in the interests of the efficient, effective and economical conduct of the City's business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the City Council. The following are further excluded from the authority granted herein: appointment of the Fire Chief in calendar year 2013, and employees covered by the provisions of memoranda of understanding in effect as of the effective date of this article. This paragraph may be amended consistent with any future adopted memoranda of understanding. - 3 - Exhibit A SECTION 5: No Contract. This Ordinance does not create any contract of employment, express or implied, or any rights in the nature of a contract. SECTION 6: Severability. The City Council declares that should any portion of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining portions of this Ordinance shall remain in full. force and effect. SECTION 7: Publication The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and such certification to be entered in the Book of Ordinances of the City Council. Pursuant to Section 36933 of the Government Code, within 15 days of the adoption of this Ordinance, the City Clerk shall cause this Ordinance to be published or posted with the names of those City Council members voting for and against the Ordinance as required by law. SECTION 6: Book of Ordinances. The Interim City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the Interim City Clerk's certification to be entered in the Book of Ordinances of the Council of this City. The Interim City Clerk shall cause this ordinance to be published or posted as required by law. 4 - Exhibit A Section 9: This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. APPROVED AND ADOPTED this day of 2013. ATTEST: Dana Reed, Interim City Clerk Name: Title: Mayor / Mayor Pro-Tem - 5 - Exhibit A STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1202 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 5, 2013, and thereafter adopted at a meeting of said City Council held on Tuesday, , by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of , 2013, at Vernon, California. (SEAL) Dana Reed, Interim City Clerk - 6 - Exhibit A EXHIBIT B NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING A NEW ARTICLE I, SECTION 2.4, TO CHAPTER 2 OF THE VERNON MUNICIPAL CODE TO ESTABLISH A PERSONNEL MERIT SYSTEM AND AMENDING ARTICLE I, SECTION 2.6-6(C), REGARDING THE AUTHORITY OF THE CITY ADMINISTRATOR IN PERSONNEL MATTERS AND ORGANIZATION WHEREAS, on November S, 2011, Measure C was passed by the voters, deleting Section 7.6, of the Vernon City Charter. Section 7.6 had provided a rule of "at -will" employment for City employees and had barred the City from adopting alternative employment ordinances, such as a merit system, which often provide City employees property rights to employment following successful completion of a probationary period; and WHEREAS, the City Council desires to establish a merit system for the administration of City personnel and to centralize hiring authority and personnel matters within the office of the City Administrator. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Recitals. The City Council hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: Exempt from CEQA. The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. Exhibit B SECTION 3: Municipal Code Amendment #1. A new Article I, Section 2.4 is added to Chapter 2 of the Vernon Municipal Code to read as follows: `12.4 Merit System. Pursuant to authority granted under the City's Charter, Section 5 of Article XI of the California Constitution, and Section 45001, of the Government Code, the City Council hereby establishes a merit system for the administration of those City officers and employees to be included in the system, as set forth in the personnel policies and procedures manual to be created and as referenced in Section 2.6-6(c), of this code. 2.4-1 Merit Principle. All appointments and promotions of City officers and employees shall be made on the basis of merit, with due regard for equal opportunity in employment, and ability shall be demonstrated by appropriate examination or other evidence of competence." SECTION 4: Municipal Code Amendment #2. Chapter 2, Article I, Section 2.6-6(c), is amended to read as follows: "(c) Personnel and organization. the City Administrator shall establish a manual of the rules, policies and procedures necessary to the administration of the merit system of those appointive officers and employees who shall be included in the system. Preexisting personnel policies and procedures consistent with the merit system will be incorporated into the manual where appropriate. The City Administrator, or his or her designee, is authorized to promulgate appropriate instruction and guidance for the purpose of providing the administrative policy and procedural direction necessary to - 2 - Exhibit B implement the rules, policies and procedures for the administration of the merit system. The City Administrator shall retain ultimate authority and responsibility for any delegated actions. Except as excluded from this authority herein, the City Administrator is authorized to appoint, promote, direct, discipline, suspend, demote, and terminate, and take other actions affecting, any employee of the City, as reasonably necessary. The City Council, and not the City Administrator, is authorized to appoint the head of each of the departments established in the code, after receiving the recommendation of the City Administrator. The City Attorney, and not the City Administrator, is authorized to appoint, promote, direct, discipline, suspend, demote, terminate, and take other actions affecting, his or her respective staff, as reasonably necessary. The City Attorney is not subject to the powers of the City Administrator. The City Council is authorized to appoint, promote, direct, discipline, suspend, demote, terminate, and take other actions affecting, the City Administrator and City Attorney, as reasonably necessary. - 3 - Exhibit B The City Administrator shall recommend to the City Council such reorganization of officers, departments or divisions as may be indicated in the interests of the efficient, effective and economical conduct of the City's business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the City Council." SECTION 5: Existing MOUs. To the extent that any provision of this ordinance conflicts with any provision of any memorandum of understanding in effect on the effective date of this ordinance, the provision in the memorandum of understanding shall prevail. SECTION 6: No Contract. This Ordinance does not create any contract of employment, express or implied, or any rights in the nature of a contract. SECTION 7: Severability. The City Council declares that should any portion of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining portions of this Ordinance shall remain in full force and effect. SECTION 8: Publication. The Interim City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and such certification to be entered in the Book of Ordinances of the City Council. Pursuant to Section 36933 of the Government Code, within 15 days of the adoption of this Ordinance, the Interim City Clerk, or Deputy City Clerk, shall cause this Ordinance to be published or posted with the names of those City Council members voting for and against the Ordinance as required by law. 4 - Exhibit B SECTION 9: Book of Ordinances. The Interim City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The Interim City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. Section 10: This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. APPROVED AND ADOPTED this day of ATTEST: Interim City Clerk / Deputy City Clerk Name: 2013. Title: Mayor / Mayor Pro-Tem 5 - Exhibit B STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , Interim City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1202 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 19, 2013, and thereafter adopted at a meeting of said City Council held on Tuesday, by the following vote: AYES: Councilmembers: NOES: ABSENT: Councilmembers: Councilmembers: And thereafter was.duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of , 2013, at Vernon, California. (SEAL) Interim City Clerk / Deputy City Clerk - 6 - Exhibit B CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 19, 2013 ORDINANCE NO. 1202 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1202 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1202 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 19, 2013. Ordinance No. 1202 is scheduled to be approved and adopted by said Council at a regular meeting to be held on March 5, 2013. On March 5, 2013, the City Council of the City of Vernon is proposing to adopt Ordinance No. 1202 Adding a New Article I, Section 2.4, to Chapter 2 of the Vernon Municipal Code to Establish a Personnel Merit System and Amending Article I, Section 2.6-6(c), regarding the Authority of the City Administrator in Personnel Matters and Organization. Dana Reed, Interim City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1202 was duly introduced to the City Council of the City of Vernon at a regular meeting held on February 19, 2013, and said Ordinance is scheduled to be approved and adopted at a regular meeting of the City Council to be held on March 5, 2013. AV-1� Dated: , Interim City Clerk CITY OF VERNON CITY COUNCIL MEETING MARCH 5, 2013 ORDINANCE NO. 1202 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1202 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On March 5, 2013, the City Council of the City of Vernon Approved and Adopted Ordinance No. 1202 Adding a New Article I, Section 2.4, to Chapter 2 of the Vernon Municipal Code to Establish a Personnel Merit System and Amending Article I, Section 2.6-6(c), regarding the Authority of the City Administrator in Personnel Matters and Organization. I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1202 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on March 5, 2013 and passed by said Council by the following vote: AYES: COUNCILMEMBERS: Davis, McCormick, Maisano, Ybarra, and Martinez NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Dated: � '/ 6 , w Da Reed, Interim City Clerk