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R-5158 CA RLK:_~:mc ~. ~ touncil_g. 12-12-78 Santa t~ca, ca~ornia RESOLUTION NO. _51SS(CCS) (C2ty Counc2l Series) A RESOLUTION OP THE CITY COUNCIL- OF THE CITY OF SANTA MONICA SETTING A GENERAL MU~ICIPAL ELECTION DATE FOR THE 10TH DAY OF APRIL, 1919 M~D PROPOSING THAT PROPOSITION "A", AU AMENDMENT TO SECTIOn 1110 OF THE CHARTER OF THE CITY OF SANTA MONICA AND -THAT PROPOSITION "B", CONCERNING THE CREATION OF A COMMUNITY COLLEGE GOVERNING BOARD, BE SUBMITTED TO THE QUALIFJED ELECTORS AT THAT ELECTION. Charter, general rnunic1pal elections for the filllng of elec- WHEREAS, by Section 1400 of the Santa Monica City each odd numbered year; and t1ve offices shall be held on the second Tuesday in April in imEREAS, three Council seats are to be filled; and hereinafter referred to-as Proposition "A"; and WOralng changes and correcting minor grammatlcal errors, all ellminating or clarifying references to gender,.2naking certain cular modificat1ons ln personnel and employment pract~ces, WHEREAS, the Personnel Board has ~ecommended parti- Santa Monica; and must be- submitted to the quallfied electors of the C~ty of of the Santa Honica Municipal Charter, known as Proposition nA" WHEREAS, the suggested amendments to Section 1110 ~ j. .. WHEREAS, unqer exj9ting law, the Santa Monica School .. ~,:- -"~..~ ~CA RL~:_:df ~Councl~g. 12-12-78 Santa Moni.calif.a Dlstrlct and the Community College District are governed by the same governing board; and WH~AS, Cili1~hla Senate Bill No. 2100, Chapter 334, Statutes of 1978,~ e.~~l.na,tes.: any heretofore eXlsting legal barriers to the establishment of a separate governing board for the Community College Dlstr"lct; an9.' WHEREAS, the dutles and responsibilities of the Governing Board of the Santa Monica School District and the Co~unity College District have become increasingly complex and tlme consuming; and WHEREAS, California Senate Bill No. 2100 authorizes the City Council of the City of Santa Monica to place by res- olution on the ballot, herein referred to as Proposition liB", the question of whether the City Charter, Artlcle IX, Section 900 et. seq., should be,amended to allow the~formation of a separate governlng board for the Community College Dlstrict. NOW, THEREFORE, the Clty Council of the City of Santa Monica does hereby resolve as follows: SECTION 1. A general municlpal election shall be held In the Clty of Santa Monica on the 10th day of April, 1979. SECTION 2. Pursuant to Callfornia Elections Code Sectlons 22830 and 22835, the City Clerk, not earlier than '" the 89th no~ later than the 75th day before the electlo~ shall publlSh a notice of the election pursuant to Callfornia Government -2- -~: - .; , CA RLK":mc "Counci~g. 12-12-78 - Santa MJllba, caJltornia or......---: Code Sectlon 6061. The notice shall be pUblisbed ln The Evening Outlook, the offlcial newspaper of the City of Santa Nonlca. It shall be headed IINotJ..ce of El.ectionll, and shall contain astat~nt of: (a) The tlme of ~~e election; "".." ~ (b) > .. "i The offlces to be filled, specifying · ful,l ~te-;,rm or s4ort~_ ~rm, as the case may be; A synopsis of ballot measures herein called Propositions IIA" and "BII shall be published pursuant to Government Code Sectl.on 34458. SEC~ON 3. The polls for sald election shall be open at 7:00 A.M. on the day_of said election and shall remain open continuously from sald time until ~:OO P.M. on the same day pihen said polis shall.be closed, except as provided in Section - 5734 of the Electlons Code of the.'~tate of Californla. SECTION 4. The following measures are to he submitted to the quallfl.ed electors of the City of Santa Monica. a. Proposit.1on "A" relative to the afl:lendment of Sect.1on 1110 of the Charter of the City of Santa .Mon.1ca to read as follows: " SECTION 1110. SUSPENSION, DEMOTION AND DISMISSAL. " ?he City Council and all officers hav.1ng appointive author.1ty are vested with the ri~ht to exercise the d2sciplinary and removal powers hereinafter provided. An employee serving a probatlonary period in an office, position or employment, shall be suijject to removal therefrom -3- e Fe .. . > - . ....,.- r ; , . ..' i q >-~ ~ . i ' ~~:.. .... ;.."'! ". ~ ! "7 -. -> ~ . - ' } ~ '~A RLK:SSS~ Co~ncil M~ l2-l2-7S Santa Mo~a, ca~ornia right of appeal. - An employee, other than one Servlng a probationary perlod, holding a posltion in the Classifled Servlce shall be subJect to 1) suspenslon without pay for a perlod of not exCeed1ng thirty (30) days~in anyone (1) calendar year; 2) to demotion, or removal from hiS/her position for mlsconduct, incompetency, inefficiency or for failure to observe the rules or regulat10ns of the department, office or agency, or to co-operate reasonably with hiS/her superior or - fellow e~ployees but subject to the r1ght of the employee to appeal to the Personnel Board 1n the manner set forth here1n. -' Such employee shall be entitled to receive upon request, at the office 'oP the board or pfficer taking such action, not later than the tenth calendar day thereafter, a wrltten statement in which shall be stated separately each of the charges against the employee upon which suspension, demotlon or reMoval is based, a copy of which statement shall be furnlshed by the Secretary of the Personnel Board. The employee shall have ten (10) calendar days after the recelpt of Such statement of charges to file an answer to such charges should he or she desire to do so. The answer shall be filed in the office of the City Clerk and with the Secretary of the Personnel Board. In the answer, such employee may request a hearing by the Personnel Board to review such suspensio~demotion or removal Wh1Ch shall be called and held ~s provlded for ln the rules and regulations. Hear1ngs may be conducted informally and the rules -4- . CA RLK:S_mc Councll M~ 12-12-78 Santa Manill, cali~nla of evidence need not apply. The Personnel Board shall make written findlngs, concluslons and recommendatlons which shall state for each charge whether or not such charge is sustained and whether Just cause exists for d1scipline. If, with respect to a demotlon, such Personnel Board shall conclude that such demotion or removal was wlthout just cause, a recommendatlon by it of relnstatement Wlthout loss of pay shall be binding upon the appointing power who forthWlth shall order such relnstatement and in such event the concluslons and recommendation of the Personnel Board shall be flnal and no appeal may be taken therefrom. If the Personnel Board concludes that such demotlon or only and shall not be binding on the appointing power and 1n such removal was with Just cause, any recommendation by it shall be advisory instance and 1n the instance of a Suspension the declsion of the appointing power shall be final and no appeal may be taken therefrom. Vacancies created under th1s section may be fllled by the appointlng authority by temporary-appointment pending the completion of any proceedings taken hereunder. A reduction in pay shall be a demotion, under thlS seetlon, unless it 1S a part of ~ plan tp reduce salaries and wages in connec- tion w1th a general economy or curtailment program. A fallure to grant an lncrease to an indi~idrial at a tlme when increases are granted generally as a p~rt of a plan to tncreasesalarles-and wages throughout the City service shall likewise be a demotion. -5- "'" ; CA RLK~:mC 'Counci~g. 12-12-78 Santa Manl.c. calif"a '" .. b. Proposl.t,ionUB" relative to the establl.shrnent of a separate Board of Trustees for the Santa Monica Communl.ty College Dl.strict as recommended for placement on the ballot at the Santa Monl.ca City Council Meetl.ng on November 28, 1918, Item llA. ~ r ~~ SECTION 5. Upon the ballots to be used at such .- regular municipal election, and l.n addition to the other matters required by law, there shoUld be printed substantl.ally the following: ~ -6- ...;~~ "U-~ ~ ..- . <- e -- . PROPOSITION "A ". PERSONNEL CHARTER AMENDMENTS. .Shall certain amendments, as proposed, to ~Section 1110 of the Charter of the City of .Santa Monica providlng for particular modl- .catlons and personnel and employment practices, .eliminating or clarlfying references to gender, .making certain wordlng changes, and correctlng .minor grammatical errors, be adopted? YES NO .PROPOSITION liB". ESTABLISHMENT OF SEPARATE .BOARD FOR SANTA MONICA COMMUNITY DISTRICT. YES .Shall the Charter of the City of Santa Monica .be amended to. provide for a new, separate .governlng board for the Community College NO .District lnstead of having the same governing .board for both the Santa Monica School Dlstrict .and the community College District? -7- .j; :.0 . CA 11A sss : mc Cou~ Mtg. 12-12-18 Santa Montll, calJlltnia .c_~>J~ ~ SECTION 6. -The Mayor is hereby authorized and dlrected to appolnt aommlttees of three members of the City Council to prepare a ballot arg~nt on behalf of those mernbers of the City Counell supporting the forma- tion of a new governlng board for the Community College and for those members of the Clty Council supporting Proposltion "A". SECTION 7. The_Clty Attorney is directed to prepare an lmpartial analysls of Proposltlons "A" and "B" herelnbefore outllned pursuant to section 5010.5 of the Government Code of The State of California. SECTION 8. The City Clerk shall certlfy to the adoption of this resolut~on and thenceforth and thereafter, the same shall be ln full force ana effect. APPROVED AS TO FOR1<1: 3r~d'le ~ ~ CITY TTO lEY . . . . . e . ADOPTED AND APPROVED THIS 12th DAY OF December I 1978. ~~~'-'0- ;rL,~_ .-.-- ~fAYdR PRO TEHPORE I HEREBY CERTIFY THAT THE FOREGOING RESOLUTIONJ No. 5158 ~ WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON December 12 , 1978 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: BambrIck, Cohens Reed, Scott, Trives, van den Steenhoven, Swink NOES: COUNCIlMEMBERS: None ABSENT: COUNCILMEMBERS: ~one ABSTAIN: COUNCILMEMBERS: ~one ATTEST: _ "1 ~ ~.~ /, ~ I ~- .- . . "fli-fd-_ ~ <--c~ :s0 (WU\~~ -- -