2.57 Personnel System
2.57.010 Adoption of personnel system.
2.57.030 Personnel officer.
2.57.035 Personnel Department -- Duties, organization.
2.57.040 Personnel board.
2.57.050 Duties of the personnel board.
2.57.060 Competitive service.
2.57.070 Adoption and amendment of rules.
2.57.090 Probationary period.
2.57.100 Status of present employees.
2.57.110 Applicability of rules to certain exempt positions.
2.57.120 Demotion, dismissal, reduction in pay, suspension.
2.57.130 Right of appeal.
2.57.140 Layoff and reemployment.
2.57.150 Improper political activity.
2.57.170 Right to contract for special service.
2.57.010 ADOPTION OF PERSONNEL SYSTEM. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. (Ord. 1978-19 § 2 (part), 1978).
2.57.020 DEFINITIONS. As used in this chapter, the following terms shall be defined as indicated:
(a) "Appointing power" means the officers of the city who, in their individual capacities, or as a board, commission, or city council, have the final authority to make the appointment to the position to be filled.
(b) "Class" means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.
(c) "Competitive service" means all positions of employment in the service of the city except those specifically excluded by this chapter.
(d) "Days" means calendar days unless otherwise stated.
(e) "Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.
(f) "Examination" means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.
(g) "Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.
(h) "Lay off" means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organizational changes.
(i) "Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.
(j) "Probationary period" means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by actual performance of the duties of the position.
(k) "Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.
(l) "Provisional appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.
(m) "Reinstatement" means the reemployment without examination of a former regular employee or probationary employee.
(n) "Suspension" means the temporary separation from the service of an employee without pay, for disciplinary purposes.
(o) "Transfer" means a change of an employee from one position to another position in the same class or in a comparable class. (Ord. 1978-19 § 2 (part), 1978).
2.57.030 PERSONNEL OFFICER. The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.57.170 of this chapter. The Personnel Officer shall:
(a) Attend all meetings of the personnel board and serve as its secretary;
(b) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council or the personnel board;
(c) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules;
(d) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the City Council;
(e) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service. (Ord. 1978-19 § 2 (part), 1978).
2.57.035 PERSONNEL DEPARTMENT -- DUTIES, ORGANIZATION.
(a) Creation -- Duties. A Personnel Division is created in the City Manager's Office. It shall assist the Personnel Officer in the administration of all personnel matters of the City and such additional duties as the Council and the City Manager may prescribe from time to time. (Ord. 1996-16 § 1, 1996; Ord. 1987-19 § 1, 1987).
2.57.040 PERSONNEL BOARD. There is hereby created a personnel board to consist of five members, to be appointed by the City Council as provided in the City Charter.
The personnel board shall adopt rules of procedure and shall select a chairman from among its members who shall act as presiding officer.
Vacancies on the personnel board shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until his successor is appointed and qualified. A majority vote of the City Council shall be required to appoint or remove a member of the personnel board.
Members of the personnel board shall be a resident of this city. No person shall be appointed to the board who holds any salaried office or employment with this city. (Ord. 1978-19 § 2 (part), 1978).
2.57.050 DUTIES OF THE PERSONNEL BOARD. The personnel board shall determine the order of business for the conduct of its meetings, and shall meet regularly or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the transaction of business.
The board, as provided by this chapter and by the rules, shall hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of this chapter, and to certify its findings and recommendations as provided in the personnel system rules. (Ord. 1978-19 § 2 (part), 1978).
2.57.060 COMPETITIVE SERVICE. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:
(a) The City Manager and his assistants;
(b) Elective officers;
(c) Members of appointive boards, commissions, and committees;
(d) All department heads;
(e) Persons engaged under contract to supply expert, professional, technical or any other services;
(f) Volunteer personnel, such as volunteer firemen;
(g) City attorney;
(h) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;
(i) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. (Ord. 1978-19 § 2 (part), 1978).
2.57.070 ADOPTION AND AMENDMENT OF RULES. Personnel rules shall be adopted by resolution of the City Council after notice of such action has been publicly posted in at least three public places designated by the City Council, and at least five days prior to City Council consideration. The Personnel Officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the City Council (optional if not within the scope of representation). Amendments and revisions may be suggested by an interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including:
(a) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;
(b) Public announcement of all tests and acceptance of applications for employment;
(c) Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
(d) Certification and appointment of persons from employment lists, and the making of provisional appointments;
(e) Establishment of probationary periods;
(f) Evaluation of employees during the probationary period;
(g) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
(h) Separation of employees from the city service;
(i) The establishment of adequate personnel records;
(j) The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder. (Ord. 1978-19 § 2 (part), 1978).
2.57.080 APPOINTMENTS. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.
In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
Appointments shall be made by the City Council, or by the officer in whom the power to make appointments is vested.
When appointment is to be made to a vacancy in the competitive service, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list. (Ord. 1978-19 § 2 (part), 1978).
2.57.090 PROBATIONARY PERIOD. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.
An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the city service as provided in this chapter and the rules.
An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (Ord. 1978-19 § 2 (part), 1978).
2.57.100 STATUS OF PRESENT EMPLOYEES. Any person holding a position included in the competitive service who, on the effective date of this chapter, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.
Any other person holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 1978-19 § 2 (part), 1978).
2.57.110 APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS. The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, unless otherwise specified. (Ord. 1978-19 § 2 (part), 1978).
2.57.120 DEMOTION, DISMISSAL, REDUCTION IN PAY, SUSPENSION. Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty calendar days any regular employee. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.
The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 1978-19 § 2 (part), 1978).
2.57.130 RIGHT OF APPEAL. Any employee in the competitive service shall have the right to appeal to the personnel board any disciplinary action, or alleged violation of this chapter, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.
All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter. (Ord. 1978-19 § 2 (part), 1978).
2.57.140 LAYOFF AND REEMPLOYMENT. Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish any position or employment in the competitive service; and the employee holding such position or employment may be laid off without taking disciplinary action and without the right of appeal.
The order of layoff of employees shall be established by the Personnel Officer on the recommendation of the department head involved. The department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list; provided, however, that no regular or probationary employee shall be laid off from his position in any department while any emergency, temporary or provisional employee is serving in the same class in that department.
Employees to be laid off shall be given at least fourteen days' prior notice.
The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon reemployment lists for one year for those classes requiring basically the same qualifications, duties and responsibilities of the class from which layoff or demotion in lieu of layoff was made.
Persons whose names are placed on reemployment lists in accordance with this section, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave. (Ord. 1978-19 § 2 (part), 1978).
2.57.150 IMPROPER POLITICAL ACTIVITY. The political activities of city employees shall conform to pertinent provisions of state law. (Ord. 1978-19 § 2 (part), 1978).
2.57.160 DISCRIMINATION. No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, ancestry, national origin, religious creed, sex or because of the exercise of his rights under Section 3502 of the Government Code. (Ord. 1978-19 § 2 (part), 1978).
2.57.170 RIGHT TO CONTRACT FOR SPECIAL SERVICE. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:
(a) The preparation of personnel rules and subsequent revisions and amendments thereof;
(b) The preparation of a position classification plan, and subsequent revisions and amendments thereof;
(c) The preparation, conduct and grading of competitive tests;
(d) The conduct of employee training programs;
(e) Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 1978-19 § 2 (part), 1978).