[11-10-2022 by Ord. No. 8423[1]]
The general purpose of this article is to establish a system of personnel administration that meets the social, economic and program needs of the people of the City. This system shall provide means to recruit, select, develop and maintain an effective and responsive workforce and shall include policies and procedures for employee hiring and development, training and career development, job classification, salary administration, fringe benefits, discipline discharge and other related activities. All appointments and promotions in the City service, including, but not limited to, those made by the Council and City Administrator shall be made without regard to sex, race, religion or political affiliation and shall be based on merit and fitness.
[1]
Editor's Note: Former Art. 161, Personal System and Board, adopted 6-22-1972 by Ord. No. 6435, as amended, was repealed 11-10-2022 by Ord. No. 8422.
[11-10-2022 by Ord. No. 8423]
In accordance with the above-stated general purpose of this article, it is hereby the declared personnel policy of the City that:
(a) 
Employment in the City government shall be based on merit and fitness, free of personal and political considerations.
(b) 
Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government.
(c) 
Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis.
(d) 
Appointments, promotions and other actions requiring the application of the merit principle shall be based on systematic evaluation of merit and fitness.
(e) 
Tenure of employees covered by this article shall be subject to good behavior, the satisfactory performance of work, necessity for the performance of work, and the availability of funds.
[11-10-2022 by Ord. No. 8423]
(a) 
The personnel programs established by this article shall be administered under the direction of the City Administrator with the advice and consent of Council. The City Administrator or a subordinate employee knowledgeable in personnel administration appointed by the City Administrator shall:
(1) 
Direct all administrative and technical activities, administer all provisions of this article and the personnel rules and perform any other lawful acts which may be necessary or desirable to carry out the purposes and provisions of this article.
(2) 
Encourage and exercise leadership in the development of effective personnel administration within the several departments of the City.
(3) 
Attend all meetings of the Civil Service Commission.
(4) 
Prepare and recommend revisions and amendments to the personnel rules.
(5) 
Advise Council on manpower utilization.
(6) 
Foster and develop programs for the improvement of employee effectiveness, including training, safety, health, counseling and welfare.
(7) 
Establish and maintain records of all employees in the government service, in which there shall be set forth as to each employee the class, title, pay or status, and other related data.
[11-10-2022 by Ord. No. 8423]
The City Administrator or his/her authorized agent shall be responsible for certification of the payroll reports that the persons named therein have been appointed and employed in accordance with the provision of this law and the policies thereunder.
[11-10-2022 by Ord. No. 8423]
Council, upon recommendation of the City Administrator, may contract with any qualified person or agency for the performance of such technical services as may be desired in the establishment and operation of the personnel system.
[11-10-2022 by Ord. No. 8423]
(a) 
The City Administrator shall draft personnel rules and/or contract with any qualified person or firm as may be necessary to carry out the provisions of this article. These rules shall be submitted for consideration and adoption by resolution of Council. The rules shall have the force and effect of law. Amendments to the rules shall be made in accordance with the above procedure.
(b) 
Among other things, the personnel rules shall provide the following:
(1) 
For the preparation, maintenance and revision of a position classification plan for all positions, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for and the same schedule of pay may be equitably applied to all positions in the same class.
(2) 
For the annual submission of a pay plan in conjunction with the annual budget to Council.
(3) 
For the recruitment of capable persons, the holding of fair, open evaluations or competitive examinations to determine the relative fitness of applicants for positions in the career service, and the establishment of maintenance, consolidation and cancellation of eligible lists of qualified applicants.
(4) 
For the certification to the appropriate appointing authority of the names of persons who have qualified to fill a vacancy.
(5) 
For the establishment of promotional procedures which shall give appropriate consideration to the applicant's qualifications, record of performance and ability.
(6) 
For the establishment of a period of probation upon appointment or promotion prior to permanent appointment.
(7) 
For emergency employment for not more than 120 days and for provisional employment without open evaluation when there is no appropriate eligible list available. No such provisional employment shall continue longer than six months, nor shall successive provisional appointments be allowed except during the first year after the effective date of this article.
(8) 
For the transfer of employees within the classification plan.
(9) 
For the establishment of or the participation in job development programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with potential for development, in order to provide career development opportunities among members of disadvantaged groups, handicapped persons and returning veterans.
(10) 
For keeping records of performance of all employees, which performance records shall be considered in determining salary increments or increases for meritorious service; as a factor in promotions, as a factor in determining the order of layoffs because of lack of funds or work and in reinstatement, except where such procedures are regulated by state statute or employee agreement and as a factor in demotions, discharges and transfers.
(11) 
For layoffs by reason of lack of funds or work, or abolition of a position, or material change in duties or organization, and for re-employment of employees so laid off.
(12) 
For establishment of a plan for resolving employee grievances and complaints.
(13) 
For the establishment of disciplinary measures such as suspension, demotion in rank or grade, or discharge. Such measures shall provide for presentation of charges, hearing rights and appeals for all permanent employees in the career service.
(14) 
For establishing hours of work, holidays and attendance regulations in various classes of positions in the career service.
(15) 
For establishing and publicizing fringe benefits such as insurance programs, retirement and leave policies.
(16) 
For development and operation of programs to improve work effectiveness, including training, safety, health, welfare, counseling, recreation and employee relations.
(17) 
For such other policies and rules not inconsistent with this article as may be proper and necessary for its enforcement and the systematic handling of the personnel affairs of the City.
[11-10-2022 by Ord. No. 8423]
(a) 
The City Administrator shall make or have made an analysis of the duties and responsibilities of all positions in the classified service and he shall recommend to Council a job classification plan. Each position in the classified service shall be assigned to a job class on the basis of a kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence, and the same pay scale. A job class may contain one position or more than one position.
(1) 
Within 60 days after the recommendation and submission of the initial classification plan to Council by the City Administrator, Council shall approve a classification plan, and the City Administrator shall thereafter allocate each position to its appropriate class.
(2) 
The class to which each position is initially allocated following adoption of the classification plan shall be assigned by the City Administrator.
(b) 
The initial classification plan shall be revised from time to time as changing conditions require, upon recommendations of the City Administrator and with the approval of Council. Such revisions may consist of the addition, abolishment, consolidation, division or amendment of existing classes.
(c) 
No person shall be appointed to or employed in any position under any class title which has not been approved in the annual budget adopted as prescribed above.
(d) 
No position in the competitive service shall be filled other than on a temporary appointment basis of not more than 90 days by any person who does not meet the qualification requirements for that position as set forth in the class specifications which are a part of the position classification plan.
[11-10-2022 by Ord. No. 8423]
(a) 
Original appointments to vacancies occurring after this article becomes effective shall be based on merit as determined by competitive examinations and fair, open evaluations for all skilled positions in the organization.
(b) 
Examinations and evaluations shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, and may not include any inquiry into the political or religious affiliations or race of any candidate.
(c) 
Candidates who qualify for employment shall be placed on an eligible list for the appropriate job class in the rank order of the grades they obtained on the examination or evaluation with seniority considerations.
(d) 
Vacancies in positions above the entry level shall be filled as far as practicable and in the best interest of the City as determined by the City Administrator by promotion, and promotions shall be on a competitive basis. Promotion examinations shall give appropriate consideration to the applicant's qualifications, record of performance, and seniority.
(e) 
Open examinations for all positions above the entry level are authorized except where prohibited by state statute.
(1) 
Nonuniform promotions are based on application and posting of the position.
(2) 
Police and Fire Department promotions are based on civil service rules and regulations.
(3) 
Part-time positions are based on application, review, and evaluations when necessary.
[11-10-2022 by Ord. No. 8423]
(a) 
Employees appointed from original appointment eligible lists or from promotional eligible lists shall be subject to a period of probation as set forth in the civil service rules and regulations and in accordance with the existing collective bargaining unit.
(b) 
The regular period of probation shall be six months, provided that the personnel rules and labor agreements may specify a longer or shorter period of probation for certain designated job classes, or for extension of the probation period in individual cases. No probationary period may extend beyond 12 months.
(c) 
The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and if found to be below standards satisfactory to the appointing authority, the appointing authority may remove or demote the probationer at any time during the probationary period. Such removals or demotion shall not be subject to review or appeal.
(d) 
An employee shall be retained beyond the end of the probationary period and granted permanent status only if the department director affirms that the services of the employee have been found to be satisfactory and recommends that the employee be given permanent status.
[11-10-2022 by Ord. No. 8423]
It shall be the policy of the City to encourage the improvement of service by providing employees with opportunities for training, which need not be limited to training for specific jobs but may include training for advancement and for general fitness for public service.
[11-10-2022 by Ord. No. 8423]
(a) 
The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension; or permanently separated by resignation or dismissal.
(b) 
Whenever there is lack of work or lack of funds that requires reductions in the number of employees in a department or division of the City government, the required reduction shall be made in such job class or classes as the department head may designate, provided that employees shall be laid off by lowest seniority, as determined by rules governing the evaluation of service. Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employee.
(c) 
A permanent employee may be suspended or demoted whenever in the judgment of the department director, the employee's work or misconduct justifies disciplinary action short of dismissal subject to the civil service rules and regulations and in accordance with the respective collective bargaining.
(d) 
An employee may resign by submitting a letter of resignation to his/her immediate supervisor.
[11-10-2022 by Ord. No. 8423]
The City Administrator shall maintain or cause to be maintained the examination record of every candidate and the employment record of every employee.
[11-10-2022 by Ord. No. 8423]
(a) 
No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, promotion, reduction, removal or appointment held or made under the provisions of this article, or in any manner commit or attempt to commit fraud preventing the impartial execution thereof or of the personnel rules adopted pursuant to this article.
(b) 
No person shall either directly or indirectly pay, render or give any money, service or other valuable thing to any person for on account of or in connection with any test, appointment, promotion, reduction or removal in which he is concerned.
(c) 
No officer or employee of the City shall knowingly defeat, deceive or obstruct any person in his/her right to examination, eligibility, certification or appointment under this article, or furnish to any person any special or secret information for the purpose of affecting the rights.