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City Clerkâs Office Item # R-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 26, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Robert P. Jagger, Sr. Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE VI OF THE PUEBLO MUNICIPAL CODE
RELATING TO JURISDICTION OF THE CIVIL SERVICE COMMISSION TO
HEAR APPEALS FROM ANY DISCIPLINARY ACTION INVOLVING
SUSPENSION AND CLARIFYING AND MAKING CONSISTENT WITH CITY
CHARTER
SUMMARY:
The proposed Ordinance clarifies provision of Code to make consistent with Charter provisions
that the jurisdiction of the Civil Service Commission extends to appeals of suspensions even if
the suspension is not in excess of two days.
PREVIOUS COUNCIL ACTION:
Ordinance No. 4788.
BACKGROUND:
Prior to passage of Ordinance No. 4788, the jurisdiction of the Commission only extended to
appeals of suspensions in excess of two days. Pursuant to Ordinance No. 4788 which was
passed by the vote of the people as a Charter amendment, effective November 4, 1980, the
jurisdiction of the Commission was extended to appeals of suspensions of any duration. There
are currently antiquated provisions of the Pueblo Municipal Code which could be read to be in
conflict with the Charter. The proposed Ordinance clarifies such provisions and make same
consistent with the Charter.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
The Civil Service Commission recommends approval of the proposed Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If Council failed to pass and approve the proposed Ordinance, the Code would remain unclear
and arguably inconsistent with City Charter.
RECOMMENDATION:
Approval of the proposed Ordinance.
Attachments:
Proposed Ordinance
ORDINANCE NO. 9389
AN ORDINANCE AMENDING TITLE VI OF THE PUEBLO
MUNICIPAL CODE RELATING TO JURISDICTION OF THE CIVIL
SERVICE COMMISSION TO HEAR APPEALS FROM ANY
DISCIPLINARY ACTION INVOLVING SUSPENSION AND
CLARIFYING AND MAKING CONSISTENT WITH CITY CHARTER
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 6-1-4 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 6-1-4. - Duties and powers.
It shall be the duty of the Civil Service Commission in compliance with this Title and the
civil service rules:
(1) To hear appeals from any action pertaining to classification, reclassification and
\[
allocation of positions, and from any disciplinary action involving suspension in excess of two (2)
\]
working days, demoting or dismissing any employee in the classified service and to report in
writing to the superior taking the action appealed from, its findings and decisions. The decisions
of the Civil Service Commission on such appeals shall be final unless reversed by the District
Court;
(2) To provide for reinstatement of any employee found innocent of preferred charges;
(3) To investigate any or all matters relating to conditions of employment in the City
and to make at least annually a report of its findings to the City Council;
(4) To hold a public hearing on proposed civil service rules. Public notice of such
hearing shall be given at least five (5) days in advance.
(5) To hold periodic competitive examinations in accordance with the civil service rules
and this Title;
(6) To perform such other and different lawful acts and functions as may be set forth
by the City Council.
SECTION 2.
Section 6-10-2 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 6-10-2. - Limited disciplinary action.
\[\]
A
In accordance with the provisions of Section 8-4 of the Charter, a department head
\[\]
may impose a suspension not to exceed forty-eight (48) hours or may reprimand any of the
employees under his or her supervision. Such limited discipline must be uniformly and fairly
imposed; that is, similar treatment must be imposed for similar infractions, and only after a
complete investigation by the department head including opportunity for the employee to state his
or her case. In such case, the department head shall notify the employee of the action in writing,
which statement shall include a brief statement of the reason for the disciplinary action. A copy of
such statement shall be forwarded to the Director for inclusion in the employee's service file.
SECTION 3.
Section 6-10-3 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 6-10-3. - General discipline and discharge.
\[\]
,
Any department head may suspend for more than two (2) days; demote, remove,
demise or impose such other reasonable disciplinary action as he or she may deem desirable
upon any employee under his or her supervision by giving to such employee written notice of the
charges preferred, which shall contain a brief statement of the action taken and the reasons
therefor. Such notice shall be signed by the department head and forwarded in triplicate to the
Director. The Director shall serve a copy of the same on the employee either personally or by
certified mail. If not successfully appealed, such action shall be effective from and after service of
notice upon the employee.
SECTION 4.
The officers of the City are directed and authorized to perform any and all acts consistent
with the intent of this Ordinance to effectuate the policies and procedures described herein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED November 26, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING DEPUTY CITY CLERK
PASSED AND APPROVED: December 10, 2018