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6548ORDINANCE NO. 6548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 1.05 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE WHEREAS, Chapter 1.05 of Title of 1 of the Anaheim Municipal Code establishes the rules for administering the city's personnel system, including classified and exempt service positions; and WHEREAS, the Human Resources Director is responsible for administering the personnel system and for recommending revisions and amendments to the personnel rules; WHEREAS, the Human Resources Director has reviewed Chapter 1.05 in its entirety and recommends appropriate updates, deletions and additions to subsections .020 (Administration of Personnel System, .030 (Scope), .050 (Appointments) and .100 (Access to Criminal History Information); WHEREAS, subsection .030 of Chapter 1.05 (Scope) divides classifications into the classified and the exempt service; WHEREAS, the Human Resources Director has determined certain classifications were created with the intent or purpose to be exempted from the classified service; and WHEREAS, it is necessary to specifically exempt such classifications from the classified service and to make recommended updates and deletions to Chapter 1.05. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS; SECTION 1. That Section 1.05.020 (Adoption of personnel system) of Chapter 1.05 (Personnel System) of Title I (Administration) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .010 The personnel system established by this chapter shall be administered by a Human Resources Director appointed in accordance with Anaheim City Charter Section 604 (a). The Human Resources Director, under the direction of the City Manager, shall: 0101 Administer all the provisions of this chapter and of the personnel rules. .0102 Prepare and recommend revisions and amendments to the personnel rules. Such revisions and amendments shall be submitted to the City Council for adoption. .0103 Maintain and administer a position classification plan and a plan of compensation. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. .020 The City Council, upon recommendation of the Human Resources Director and the City Manager, may contract with any qualified person or agency for the performance of such technical services as may be necessary for the effective operation of the personnel system. SECTION 2. That Section 1.05,030 (Scope) of Chapter 1.05 (Personnel System) of Title I (Administration) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .010 All officers and positions of the City are divided into the classified service and the exempt service. The exempt service shall include the following: 0101 All elected officials. .0102 The City Manager, the Assistant City Manager, the Deputy City Manager, the City Attorney, the City Clerk. and City Treasurer. .0103 Persons appointed to serve without pay including but not limited to appointed members of boards and commissions .0104 Such positions involving seasonal or part-time employment as may be specifically placed in the exempt service by the Human Resources Director. .0105 Staff positions directly appointed by elected officials into classifications including Chief Policy Advisor to the Mayor, Senior Policy Aide, City Council Aide II and City Council Aide 1. .0106 Executive Managers appointed by the City Manager pursuant to an agreement that specifies that their employment is at will. .0107 Administrative Intern II, Administrative Intern I and Ambulance Operator and Part-time Ambulance Operator. .020 The classified service shall include all other positions that are not specifically placed in the exempt service by this chapter or by action by the Human Resources Director pursuant to 1.05.01.04. .030 The provisions of this chapter and of the personnel rules shall apply only to the classified service unless otherwise specifically provided. SECTION 3. That Section 1.05.050 (Appointments) of Chapter 1.05 (Personnel System) of Title I (Administration) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in hill as follows: Appointments to vacant positions in the classified service shall be made in accordance with all applicable personnel rules and City Council adopted collective bargaining agreements. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques which will, in the opinion of the Human Resources Director, test fairly the qualifications of candidates. SECTION 4. That Section 1.05.100 (Access to criminal history information) of Chapter 1.05 (Personnel System) of Title I (Administration) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Pursuant to Sections 11105(b)(10) and 13300(b)(1.0) of the California Penal Code or any successor provisions of law, the city personnel, other than peace officers, occupying the following positions are authorized to have access to and to use state and local criminal history information to assist in fulfilling any employment, licensing or certification duty as may be required to implement any statute, regulation or ordinance referring to such criminal conduct of the subject person: City Manager, Assistant City Manager, Deputy City Manager, City Attorney, Chief Assistant City Attorney, Assistant City Attorney and Deputy City Attorney, Director of Human Resources designees within the Human Resources Department, and the subject employee's immediate hiring authority as defined in City of Anaheim Administrative Regulation 225 or any successor thereto. SECTION 5. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. SECTION 6. SEVERABILITY If any section, subsection, sentence, clause, phrase, word, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Anaheim hereby declares that it would have adopted this Ordinance and each remaining section, subsection, sentence, clause, phrase, word, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, words, or portions have been declared invalid or unconstitutional. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 15 th . day of November , 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 6 th day of December , 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] [One City Council vacancy] 1 MAY R PRO TEM _ OF ANAHEIM T: CITY JERK OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6548 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of November. 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6trl day of December. 2022, by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] [One City Council vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 7th of December. 2022. CITY CL5RK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN '3 ENS See Proof on Next Page Anaheim Bulletin 1920 Main St. Sulte 225 Irvine , California 92614 14) 796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Irvine , County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12115I2022 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: Dec 15, 2022. e L_ 11 J ��. Signature Ordinance No 6548 (5190168) - Page 1 of 2 SUMMARY PUBLICATION ORDINANCE NO.6548 AN ORDINANCE OFTHECITY COUNCIL OFTHECITY OFANAHEIAA AMENDING CHAPTER 1.05 OF TITLE 1 OF THE ANAH EIM MUN ICIPAL CODE The primary purpose of this ordinance to add to the list of classifications In the exempt service, update references to the City Charter and Internal regulations, and make necessary changes to designate appropriate persons to have access to crlminal hl5tory Information necessary 10 fulfill any employment, licensing or certification duty. I, Theresa Bass, City Clerkof the City of Anahelm, do nereby certify that the foregoing Is a summary of Ordnance No. 6548 which ordinance was Introduced at a regular meeting of the City Council of the COY of Anaheim on November 15, 2022 and was duly Passed and adopted at a regular meeting of the City Council on December 6, 2022 by the following roil call vote of the members thereof: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Malae, Moreno and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] [One City Council vacancy] The above summary Is a brief description of the sublect matter contained In the text of Ordinance No. 6548 , which has been prepared Pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not Include or describe every Provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 a.m. and 5:00 p.m., Monday through Friday. There Is no charge for the copy. Anaheim Bulletin Published: 12/15/22 Ordinance No 6548 (5190168) - Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6548 and was published in the Anaheim Bulletin on the 15tn day of December, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. CI*CLRKOF THE CITY OF ANAHEIM (SEAL)