It is the purpose of the city to establish and maintain an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the fair and equitable administration of a comprehensive personnel program. To this extent, the following rules and regulations reflect the principles and standards of the city’s merit system of employment.
The objective of these rules and regulations is to facilitate efficient, effective and economical service to the public. These rules set forth those policies and procedures which ensure similar treatment for those who compete for original and promotional employment, and define certain obligations, rights, privileges, benefits, and prohibitions which are placed upon employees in the service of the city.
The city council and citizens of the city have the right to expect that the city will employ the best qualified persons available, that the tenure of every city employee will be based on a demonstrated need for the work performed, availability of funds, faithful and effective performance, proper personal conduct, and continuing fitness of the employee, and that each employee will be encouraged, trained and developed to assure optimum performance.
Employees of the city have the right to expect that they will be fully informed of their duties and responsibilities, that they will be provided with adequate administrative and supervisory direction, that they will be informed of how well they are performing their duties and level of performance, that promotions will be made on the basis of required ability and other measures of fitness, that incompetence will not be tolerated, and that no employee will be subject to suspension, demotion, dismissal or other disciplinary action without just cause or due process.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)
The city manager shall administer the city personnel system and may delegate any of the responsibilities and authorities to the human resources director (the “director”) or another designee. The city manager or designee shall:
A. 
Interpret and administer all provisions of this title and all related ordinances, resolutions, policies and procedures concerning personnel matters of the city;
B. 
Prepare and recommend to the city council personnel rules including revision and amendments to such rules;
C. 
Prepare or cause to be prepared a position classification plan including class specifications, a compensation plan, and recommended revisions of the plans;
D. 
Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving and evaluation of applications therefor, the conducting and grading of tests, the certification to the appointing authority of a list of persons eligible for appointment to the appropriate position in the competitive service, and the performance of any other duty that may be required to administer the personnel system.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)
Employees shall not be discharged, demoted, harassed, discriminated against, or otherwise retaliated against in their terms and conditions of employment for any of the following: (1) reporting violations of these personnel rules or an adopted city administrative regulation; (2) reporting health and safety hazards to the city or other governmental agencies; (3) filing complaints of harassment or discrimination whether suffered by the employee or another person; (4) participating in an employment harassment or discrimination proceeding, such as an investigation or lawsuit; and (5) reporting incidents of violence in the workplace.
(Ord. 5013 § 2, 2012)
It is the intention of these rules, to provide for a merit system of employment as required by the Charter of the city. These rules are intended to provide:
A. 
For the classification of all positions in the classified service;
B. 
For open, free and competitive examinations to test the relative fitness of applicants for such positions, and for reasonable publication and public advertisement of all examinations and for promotion based upon competitive examinations or records of efficiency, character, conduct and seniority, or upon examination and record;
C. 
For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing on the examination and for the certification of those on the appropriate list to the city manager or department heads for appointment to fill vacancies and for the manner in which appointments shall be made from such list;
D. 
For the period of time in which eligible lists shall continue in effect;
E. 
For a period of probation not to exceed one year, both on original and promotional appointments, before the appointment is made permanent, during which time, in the case of an original appointment, the probationer may be discharged or, in the case of a promotion, returned to a position of the employee’s former classification by the head of the department or office in which employed; provided, however, that no period of absence from work, leave or limited duty assignment shall be credited toward completion of the probationary period, nor shall any overtime or additional work beyond normal working hours be credited towards completion of the probationary period;
F. 
For the rejection of candidates of eligibility who fail to comply with a bona fide occupational qualification in regard to age or sex; or who fail to comply with a qualification standard which is job-related and consistent with business necessity; or who have been convicted of a crime which adversely affects their qualification for the position applied for; or who have attempted any deception or fraud in connection with an examination for employment by the city;
G. 
For the employment without examination of provisional employees, in cases of emergency pending appointment from an eligible list, but no such provisional employment shall continue for more than 30 days after the establishment of an eligible list for the position held, and in no event for more than 90 days;
H. 
For transfer from one position to a similar position in the same class and grade, for reinstatement after resignation or layoff;
I. 
For the discipline of employees by suspension, demotion, discharge or other actions not inconsistent with the provisions of this title;
J. 
For the certification to the chief finance officer of the city of names and classifications of all persons legally employed in the city service, without which certifications this officer shall not authorize the issuance of salary paychecks;
K. 
For the regulation of, among other things, compensation, hours, leaves, training, safety, employee evaluations, separation from service, employee activities, employee relations, and grievances;
L. 
For the regulation of the city personnel system not directly related to the merit system of employment and not defined as personnel rules by the City Charter.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)
The provisions of these personnel rules shall apply to all persons employed in the classified service of the city except as otherwise expressly provided for or modified in the Memorandum of Understanding (MOU) for each respective bargaining unit and in the Terms, Conditions, and Understanding resolution for the unrepresented units. These rules apply to unclassified employees only where specifically indicated. All employees are in the classified service, except unclassified employees who shall consist of those persons occupying the following positions or conditional employments in city service:
A. 
Unclassified Non-Employees.
1. 
Elected officers (city council) and appointed members of boards, commissions and committees;
2. 
Persons engaged under contract to supply expert, technical, professional or any other service, as provided by City Charter.
B. 
Unclassified Employees.
1. 
The city manager, assistant city managers, the city attorney, all attorneys employed in the office of the city attorney, all department heads, and all persons holding an assistant department head position who were hired or promoted to that position after March 5, 2014, and all deputy city managers hired or promoted to that position after January 1, 2016;
2. 
Persons employed for a limited term in a capacity to conduct or complete a special inquiry, investigation, examination or project, not to exceed 36 months full-time employment or equivalent without a break of at least three months;
3. 
Persons employed for a temporary, seasonal or special purpose not to exceed 1,500 hours in a fiscal year;
4. 
Reserve police officers.
Unclassified employees shall be employed at the discretion and will of the city pursuant to the City Charter. The city manager shall determine policy and conditions of unclassified employment.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012; Ord. 5296 § 1, 2014; Ord. 5462 § 1, 2015; Ord. 5674 § 2, 2016)
Personnel rules shall be adopted and/or amended by ordinance of the city council upon review and recommendation of the personnel board in accordance with the City Charter. Upon amendment, revised personnel rules shall be distributed to affected employee organizations and posted on official bulletin boards for a period of at least 10 calendar days.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)
A. 
Each employee is responsible for knowledge of and compliance with these rules. Violation of these rules may be grounds for rejection of application, removal from an employment list, dismissal or other disciplinary action deemed appropriate to the nature of the violation.
B. 
Designated employee organization representatives shall be charged with notice of these rules and will be expected to conduct business with the city, in a manner permitting matters to proceed according to these rules.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)
The director shall be responsible for producing the forms required to comply with these rules, and furnishing such forms to all departments as needed. The director shall also ensure the maintenance of a file of personnel records relating to each active position in city service.
A. 
Personnel Transaction Form. Every appointment, transfer, promotion, demotion, change of salary rate, termination, and any other change in employment status shall be reported in writing to the director in a manner prescribed by the director. Such notification shall be made no later than one week before the end of the payroll period affected by the change, otherwise the change may not be made until the next pay period.
B. 
Review of Personnel Files by Employees Other than Public Safety Officers. Employees may, upon reasonable advance notice, inspect their personnel files in accordance with Section 1198.5 of the California Labor Code, as such section may be amended from time to time, at any reasonable time during office hours, but such records may not be reproduced, removed or altered without the consent of the director or unless required by law.
C. 
Review of Personnel Files by Public Safety Officers. Public safety officers may, upon reasonable advance notice, inspect their personnel files in accordance with Section 3306.5 of the California Government Code, as such section may be amended from time to time, at any reasonable time during office hours, but such records may not be reproduced, removed or altered without the consent of the director or unless required by law.
(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)
The separate departments of the city may develop, implement, and revise as necessary any policies, procedures, and regulations pertaining to unique operation requirements and their effect upon departmental personnel as are needed in the full performance of duties and responsibilities. Such policies, procedures and regulations shall not conflict with these rules or other related city ordinances, resolutions, regulations, amendments, or MOUs thereto. Where conflicts arise, city personnel rules, regulations, policies, procedures, and MOUs shall prevail.
(Ord. 5013 § 2, 2012)