Note: Prior history: Ords. 370, 377, 404, 410 and 554;
1953 Code §§ 1700—1705.
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 adopted.
(Ord. 815 § 1, 1974)
As used in this chapter, the following terms shall be defined
as indicated:
means the officers of the city who, in their individual capacities
or as city council, have the final authority to make the appointment
to the position to be filled.
means all positions sufficiently similar in duties, authority
and responsibility to permit grouping under a common title and 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 selection techniques used to measure the relative capacities
of the persons applying for positions within the competitive service.
means a list of names of persons who may be considered for
employment with the city under specified conditions.
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.
Includes all or any of the following:
"Part-time employee"
means a person holding a permanent position which is designated
part-time, and the compensation for which is fixed upon the basis
of part-time work.
"Seasonal employee"
means a person employed in a position which is not permanent
and is not dependent upon a condition of emergency but is regularly
recurrent in certain offices or departments.
"Temporary employee"
means a person employed on a temporary basis because of the
work load within a department.
means extra hours or periods or shifts of work beyond the
number of hours, periods or shifts regularly required of a classification
or position in the competitive service of the city.
means a group of duties and responsibilities in the competitive
service requiring the fulltime or part-time employment of one person.
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.
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 reassignment of a position from one class to a
different class in accordance with re-evaluation of the minimum qualifications,
duties and responsibilities of the position.
means the re-employment 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.
(Ord. 815 § 1, 1974)
The city manager shall be the personnel officer. The city manager
may delegate any of the powers and duties conferred upon him as a
personnel officer under this chapter to any other officer or employee
of the city. 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 position openings 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. 815 § 1, 1974)
There is created a personnel board to consist of three members,
to be appointed by the city council.
At the first meeting of the board after the formation thereof,
the board by majority vote shall choose one of its members to act
as chairman. The chairman may at any time be replaced by majority
vote of the board and vacancies in said office shall be filled in
the same manner. Except as otherwise herein provided, the chairman
shall hold office for one year on a calendar year basis and the new
chairman shall be chosen each year at the first meeting in January.
Members of the board shall be subject to removal by motion of the
city council adopted by at least three affirmative votes.
Vacancies on the personnel board shall be filled by appointment
by the city council for the unexpired term. The first board to be
appointed shall serve until September 30, 1975. At the expiration
of the first terms and thereafter, reappointments or successors shall
be appointed by the city council for terms of two years. The personnel
board shall adopt rules of procedure and shall select a chairman from
among its members who shall act as presiding officer.
Members of the personnel board shall be residents of this city. No person shall be appointed to the board who holds any salaried office or employment with this city, including those referred to in Section 2.24.060(a) and (b).
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.
Meetings of the personnel board shall be held as necessary.
Members of the board shall receive ten dollars per meeting with a
maximum payment of twenty dollars per month.
(Ord. 815 § 1, 1974)
The personnel board shall determine the order of business for
the conduct of its meetings, and shall meet 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
only hear appeals submitted by any person in the competitive service
relative to any disciplinary action, dismissal, demotion, reduction
in pay or suspension, and to certify its findings and recommendations
as provided in the personnel system rules.
(Ord. 815 § 1, 1974)
The provisions of this chapter shall apply to all offices, positions
and employments in the service of the city, except:
(a)
Elective
officers, the city manager and his assistant;
(b)
Members
of appointive boards, commission and committees;
(c)
All
management employees as established by resolution of the city council;
(d)
Persons
engaged under contract to supply expert, professional, technical or
any other services;
(e)
Volunteer
personnel, such as volunteer firemen;
(f)
City
attorney;
(g)
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;
(h)
Employees,
other than those listed elsewhere in this section, who are not regularly
employed in permanent positions or whose work year is less than two
thousand eighty hours.
(Ord. 815 § 1, 1974; Ord. 889 § 1, 1976)
Personnel rules shall be adopted by resolution of the city council.
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. 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 probationary period;
(g)
Transfer,
promotion, demotion, reclassification, reinstatement, disciplinary
action and lay-off 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. 815 § 1, 1974)
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 psychological
medical tests may be given as a part of any examination.
Appointments shall be made by the city manager, or by the officer
in whom the power to make appointments is vested.
(Ord. 815 § 1, 1974)
All regular appointments, including promotional appointments,
shall be for a probationary period of not less than twelve months.
During the probationary period, the employee may be rejected at any
time without the right of appeal or hearing.
(Ord. 815 § 1, 1974)
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 a qualifying test,
and shall thereafter be subject in all respects to the provisions
of this chapter and the personnel rules.
Any other persons 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. 815 § 1, 1974)
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. 815 § 1, 1974)
Any appointing power shall have the right, for due cause, to
demote, dismiss, reduce in pay or suspend without pay any regular
employee. Notice of such action must be in writing and served personally
on each 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. 815 § 1, 1974)
An employee in the competitive service shall have the right to appeal to the personnel board any disciplinary action, indicated under Section 2.24.120 of this chapter, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted hereunder. 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. 815 § 1, 1974)
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
of employment may be laid off without taking disciplinary action and
without the right of appeal.
The order of lay-off 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 length of service
of employees in preparing a recommended lay-off list; provided, however,
that no regular or probationary employee shall be laid from his position
in any department while any emergency, temporary or provisional employee
is serving in the same class in that department or division.
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 lay-off shall be placed upon reemployment lists
for two years for those classes requiring basically the same qualifications,
duties and responsibilities of the class from which lay-off or demotion
in lieu of lay-off was made.
(Ord. 815 § 1, 1974)
The political activities of city employees shall conform to
pertinent provisions of state law.
(Ord. 815 § 1, 1974)
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. 815 § 1, 1974)
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 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. 815 § 1, 1974)
