As used in this chapter, the following terms shall be defined
as indicated:
The City Council shall be the appointing power in the case
of the City Manager and City Attorney. The City Manager shall be the
appointing power in the case of all department heads and all City
employees.
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.
means all positions of employment in the service of the City
except those specifically excluded by this chapter.
means calendar days, unless otherwise stated.
means the movement of an employee from one class to another
class having a lower maximum rate of pay.
means a list of names of persons who may be considered for
employment with the City under specified conditions.
means selection techniques used to measure the relative capacities
of the persons applying for positions within the competitive service.
means the separation of employees from the active workforce
due to lack of work or funds, or the abolition of positions by the
City Council for the above reasons or due to organizational changes.
means a group of duties and responsibilities in the competitive
service requiring the full-time or part-time employment of one person.
means a working test period during which an employee is required
to demonstrate his or her fitness for the position to which he or
she is appointed by actual performance of the duties of the position.
means the movement of an employee from one class to another
class having a higher maximum rate of pay.
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.
means the reemployment without examination of a former regular
employee or probationary employee.
means the temporary separation from the service of an employee
without pay, for disciplinary purposes.
means a change of an employee from one position to another
position in the same class or in a comparable class.
(Prior code § 1402; Ord. 318 § 1, 1972)
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 as set forth in this chapter is adopted.
(Prior code § 1401; Ord. 318 § 1, 1972)
A.
The City Manager shall be the personnel officer. The City Manager may delegate any of the powers and duties conferred upon him or her 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 2.40.260.
B.
The
personnel officer shall do the following:
1.
Attend
all meetings of the Personnel Board and serve as its secretary;
2.
Administer
all the provisions of this chapter and of the personnel rules not
specifically reserved to the City Council or the Personnel Board;
3.
Prepare
and recommend to the City Council personnel rules and revisions and
amendments to such rules;
4.
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;
5.
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, and the certification to the appointing
power of a list of all persons eligible for appointment to the appropriate
position in the competitive service.
(Prior code § 1411; Ord. 318 § 1, 1972)
A.
There
is created a Personnel Board which consists of all the members of
the City Council.
B.
The
Personnel Board shall adopt rules of procedure.
C.
The
Mayor shall serve as the chair of the Board and shall act as presiding
officer.
(Prior code §§ 1421—1424; Ord. 318 § 1, 1972; Ord. 2002-979 §§ 1, 2)
The Personnel Board shall have the right of subpoena, the power
to examine witnesses under oath, the power to compel the attendance
of witnesses, and the power to require the production of evidence
by subpoena. Subpoenas shall be issued in the name of the City and
attested by the City Clerk. Each member of the Personnel Board shall
have the power to administer oaths to witnesses.
(Prior code § 1425; Ord. 318 § 1, 1972)
A.
The
Personnel Board shall determine the order of business for the conduct
of its meetings and shall meet regularly or on call of the chair 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.
B.
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 shall certify its findings
and recommendations as provided in the personnel system rules.
(Prior code §§ 1426, 1427; Ord. 318 § 1, 1972)
The provisions of this chapter shall apply to all offices, positions
and employments in the service of the City, except the following:
A.
City
Attorney, City Manager, Public Works Director, Public Safety Director,
Community Development Director, Administrative Services Director,
City Clerk, Environmental Programs Manager, Management Analyst/Risk
Manager, Administrative Assistant, Assistant City Attorney, and all
other management positions added to the classification plan and so
designated by City Council action as exempt;
B.
Persons
engaged under contract to supply expert, professional, technical or
any other services;
C.
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;
D.
Employees,
other than those listed elsewhere in this section, who are not regularly
employed in permanent positions.
(Prior code § 1431; Ord. 318 § 1, 1972; Ord. 330 § 1, 1973; Ord. 380 §
1, 1975; Ord. 402 § 1, 1977; Ord. 433 § 1, 1978; Ord. 473 § 1, 1979; Ord. 480 § 1, 1979; Ord. 597 § 2, 1983; Ord. 847 §§
1, 2, 1992)
A.
Personnel
rules shall be adopted by resolution of the City Council after such
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. Amendments and revisions
may be suggested by any interested party and shall be processed as
provided in the personnel rules.
B.
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 competitive service, including
employment standards and qualifications for each class;
2.
Public
announcement of all tests and acceptance of application for employment;
3.
Preparation
and conduct of tests and the establishment and use of resulting employment
lists containing names of persons eligible for appointment;
4.
Certification
and appointment of persons from employment lists, and the making of
provisional appointments;
5.
Evaluation,
status and rights of employees during the probationary period;
6.
Transfer,
promotion, leaves of absence, demotion, reinstatement, disciplinary
action and layoff of employees in the competitive service;
7.
Separation
of employees from the City service;
8.
The
establishment of adequate personnel records;
9.
The
establishment of appeal procedures concerning the interpretation or
application of this chapter and any rules adopted under this chapter.
(Prior code § 1441; Ord. 318 § 1, 1972)
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.
(Prior code § 1451; Ord. 318 § 1, 1972)
In any examination the personnel officer may include, in addition
to competitive tests, a qualifying test or tests, and set minimum
standards therefor.
(Prior code § 1452; Ord. 318 § 1, 1972)
Appointments shall be made by the City Council, or by the officers
in whom the power to make appointments is vested.
(Prior code § 1453; Ord. 318 § 1, 1972)
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.
(Prior code § 1454; Ord. 318 § 1, 1972)
All regular appointments, including promotional appointments,
shall be for a probationary period of not less than 12 months. During
the probationary period, the employee may be rejected at any time
without the right of appeal or hearing.
(Prior code § 1455; Ord. 318 § 1, 1972)
An employee rejected during the probationary period from a position
to which he or she has been promoted shall be reinstated to a position
in the class from which he or she was promoted unless he or she is
discharged from the City service as provided in this chapter and the
rules.
(Prior code § 1456; Ord. 318 § 1, 1972)
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 or she was promoted or transferred
if action is taken to reject him or her unless he or she is discharged
in the manner provided in this chapter and the personnel rules for
positions in the competitive service.
(Prior code § 1457; Ord. 318 § 1, 1972)
Any person holding a position in the competitive service who,
on the effective date of the ordinance codified in 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 or her class, shall assume
regular status in the competitive service in the position held on
such effective date without a 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 period as prescribed in the rules before
obtaining regular status. The probationary period shall be computed
from the date of appointment or employment.
(Prior code § 1458; Ord. 318 § 1, 1972)
The provisions of the personnel rules relating to attendance
and leaves shall apply to the incumbents of full-time exempt positions,
unless otherwise specified.
(Prior code § 1459; Ord. 318 § 1, 1972)
Any appointing power shall have the right, for due cause, to
demote, dismiss, reduce in pay, or suspend without pay for 30 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.
(Prior code § 1459.1; Ord. 318 § 1, 1972)
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.
(Prior code § 1459.2; Ord. 318 § 1, 1972)
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 of employment
in the competitive service; and the employee holding such position
for employment may be laid off without taking disciplinary action
and without the right of appeal.
(Prior code § 1459.3; Ord. 318 § 1, 1972)
A.
The
order of laying off 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 or her position in any department while
any emergency, temporary, or provisional employee is serving in the
same class in that department.
B.
Employees
to be laid off shall be given at least 14 days' prior notice.
(Prior code §§ 1459.4, 1459.5; Ord. 318 § 1, 1972)
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.
(Prior code § 1459.6; Ord. 318 § 1, 1972)
Persons whose names are placed on reemployment lists in accordance with Section 2.40.220 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.
(Prior code § 1459.7; Ord. 318 § 1, 1972)
The political activities of City employees shall conform to
all pertinent provisions of state law.
(Prior code § 1459.8; Ord. 318 § 1, 1972)
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 or her rights under Section
3502 of the Government Code.
(Prior code § 1459.9; Ord. 318 § 1, 1972)
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.
(Prior code § 1461; Ord. 318 § 1, 1972)
