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 personnel system set forth in this chapter is adopted.
(Prior code § 240; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)
The city administrator shall be the personnel officer. The city administrator 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 the contract as provided in Section 2.24.160. The personnel officer shall:
(1) 
Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
(2) 
Prepare and recommend to the city council personnel rules and revisions and amendments to such rules. The city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;
(3) 
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;
(4) 
Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the classified service. The plan, and any revisions thereof, shall become effective upon approval by the city council;
(5) 
Provide for the publishing or posting notices of tests for positions in the classified service; the receiving of applications therefor; the conducting and grading of tests; the submission to the appointing power of a list of all persons eligible for appointment to the appropriate position in the classified service.
(Prior code § 2-41; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)
All offices and positions of the city are divided into the classified service and the exempt service. The exempt service shall include the following:
(1) 
All elected officials and members of boards and commissions;
(2) 
The city administrator and city attorney;
(3) 
Volunteer personnel and personnel appointed to serve without pay;
(4) 
Architects, consultants, counsel, and others rendering temporary professional service;
(5) 
Such positions involving seasonal or part-time employment as may be specifically placed in the exempt service by the city administrator.
Classified service shall include all other positions that are not specifically placed in the exempt service by this chapter.
The provisions of this chapter and of the personnel rules shall apply only to the classified service unless otherwise specifically provided.
(Prior code § 244; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)
Personnel rules shall be adopted and may be amended from time to time by resolution of the city council. Subject to this chapter, 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:
(1) 
Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the classified service, including employment standards and qualifications for each class;
(2) 
Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;
(3) 
Public announcement of all tests and acceptance of applications for employment;
(4) 
Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
(5) 
Establishment and appointment of persons from employment lists, and the making of provisional and emergency appointments;
(6) 
Evaluation of employees during the probationary period;
(7) 
Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classified service;
(8) 
Separation of employees from the city service;
(9) 
Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;
(10) 
The establishment of adequate personnel records;
(11) 
The establishment of grievance and appeal procedures.
(Prior code § 2-45; Ord. 77-O-121, 1976; Ord. 77-O-105, 1977)
Appointments to vacant positions in the classified 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 shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which, in the opinion of the personnel officer, will test fairly the qualifications of candidates. Physical and medical tests may be given as a part of the 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 officer in whom the power to make appointments is vested.
When an appointment is to be made to a vacancy in the competitive services, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate employment list.
In the absence of appropriate employment lists, a provisional appointment may be made not to exceed six months by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules.
(Prior code § 2-46; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)
All regular appointments, including promotional appointments, shall be for a probationary period as established by resolution of the city council from time to time. 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 classified service promoted or transferred to a position not included in the classified 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 classified service.
(Prior code § 2-47; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977; Ord. 99-O-121 § 1, 1999)
(a) 
Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend any permanent employee with the exception of department heads hired on or after November 19, 2004, who may be terminated without cause or notice and at the discretion of the city administrator.
(b) 
Notwithstanding any other provisions of the city code, the city's personnel policies or procedures or any prior action of the city council, the city administrator is authorized to negotiate "at-will" contracts with department head employees containing such terms, conditions, salary and benefits as the city administrator deems necessary and appropriate for the city to attract and retain highly qualified individuals in an "at-will" capacity so long as no contract authorizes compensation exceeding that permitted by the applicable salary and benefits ranges established or authorized by the city council.
(Ord. O-2004-06 § 1, 2004)
Any employee in the classified service, with the exception of those job classes comprising the management staff, as designated by the city administrator, shall have the right to grieve any disciplinary action, interpretation or alleged violation of this chapter, or the rules adopted thereunder, except in those instances where the right to grieve is specifically prohibited by this chapter or the rules adopted thereunder.
The term "disciplinary action" as used herein shall include the actions described in Section 2.24.110.
Procedures for processing and resolving grievances shall be as set forth in the personnel rules adopted pursuant to this chapter.
(Prior code § 2-51; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977; Ord. 90-O-120, 1990)
Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position or employment in the classified service. Employees transferred, demoted or laid off because of the abolishment of positions, shall not be subject to written charges, nor shall have the right of appeal in such cases.
Seniority shall be observed in effecting such reduction in personnel, and the order of layoff shall be in the reverse order of total cumulative time served in permanent and probationary status in the classified service upon the effective date of the layoff. Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or permanent employee.
For the purpose of determining order of layoff, total cumulative time includes time served on military leave of absence. Any layoffs shall be made in accordance with the personnel rules adopted.
(Prior code § 2-52; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)
No person in the classified 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 or because of race, color, ancestry, national origin, or religious belief.
(Prior code § 2-54; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)
The city administrator 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 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 of a plan of compensation, and subsequent revisions and amendments thereof;
(d) 
The preparation, conduct and grading of competitive tests;
(e) 
Special and technical services of advisory or informational character on matters relating to personnel administration.
(Prior code § 2-55; Ord. 76-O-121, 1976; Ord. 77-O-105, 1977)