In order to formalize an equitable and uniform procedure for dealing with personnel matters to attract to municipal service the best and most competent persons available to ensure that appointments and promotions of employees will be based on the merit principal and fitness and to provide a reasonable degree of security for qualified employees; the following personnel system is adopted.
(Prior code § 2.60.010; Ord. 92-16 § 2, 1992)
The personnel system established by this chapter shall be administered by the city manager who shall be the ex officio personnel officer. The city manager may delegate any of the powers and duties conferred upon him or her as ex officio 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.
(Prior code § 2.60.020; Ord. 92-16 § 2, 1992)
The personnel officer shall:
A. 
Administer all of the provisions of this chapter and of the personnel rules.
B. 
Prepare and recommend revisions and amendments to the personnel rules, such revisions and amendments to be submitted to the city council for adoption.
C. 
Maintain and administer a position classification plan including class specifications and revisions of the plan.
D. 
Prepare or cause to be prepared a plan of compensation and revisions thereof covering all classifications. Positions having similar duties and/or levels of responsibility shall be classified and compensated on a uniform basis.
(Prior code § 2.60.030; Ord. 92-16 § 2, 1992)
The city council, upon recommendation of the personnel officer, may contract with any qualified person or agency for the performance of such technical services as may be necessary for the effective operation of the personnel system, subject only to such limitations or the total consideration as may be or have been established by the city council for contracts not requiring the prior approval of the city council.
(Prior code § 2.60.040; Ord. 92-16 § 2, 1992)
The exempt service shall include the following:
A. 
All elected officials and members of boards and commissions;
B. 
The city manager, city attorney, city clerk, and city treasurer;
C. 
All department heads;
D. 
Architects, consultants, counsel and others rendering temporary professional services;
E. 
Voluntary personnel and personnel appointed to service without pay;
F. 
Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood or earthquake which threatens life or property;
G. 
Such other positions involving seasonal or part-time employment;
H. 
Any new position hereafter created at the department head, assistant department head, or staff level, if it is specified as exempt by the city council at the time of creation.
(Prior code § 2.60.060; Ord. 92-16 § 2, 1992)
The provisions of this chapter and of the personnel rules shall be applied only to the classified service unless otherwise specifically provided.
(Prior code § 2.60.080; Ord. 92-16 § 2, 1992)
The personnel rules are to supplement this chapter and are to be prepared by the personnel director and adopted by the city council by resolution. These rules may be amended from time to time by the adoption of a resolution by the city council.
(Prior code § 2.60.090; Ord. 92-16 § 2, 1992)
Rules may be formulated as necessary and proper to carry out the intent and purpose of this chapter, and rules must be formulated to establish specific procedures to conform with the following phases of the personnel system:
A. 
The preparation, installation, revision and maintenance of a position classification plan covering all positions in the classified service;
B. 
The formulation of guidelines for the minimum standards and qualifications for each class of positions;
C. 
The public announcement of vacancies and examinations and the acceptance of applications for employment;
D. 
The preparation and conducting of examinations and the establishment and use of employment lists containing names of persons eligible for employment;
E. 
The certification and appointment of persons from employment lists to fill vacancies and the making of acting and emergency appointments;
F. 
The evaluation of employees during the probation period and at least annually thereafter;
G. 
The transfer, promotion, demotion and reinstatement of employees in the personnel system;
H. 
The separation from the service of employment through layoff, dismissal, suspension and termination and incapacity to perform required duties;
I. 
The development of work schedules, attendance and leave regulations, working conditions and the development of employee training programs;
J. 
The maintenance and use of necessary records and forms;
K. 
Suitable provision for orderly and equitable presentation to the city council by an employee of matters relating to general conditions of employment;
L. 
The establishment of criteria for employee representation and establishing limitations and prohibitions in connection therewith;
M. 
The criteria for determining management personnel.
(Prior code § 2.60.100; Ord. 92-16 § 2, 1992)
Prior to any consideration by the city council of any proposed rule amendment or revision of rules, the rule amendment or revision of rules shall be publicly posted and any recognized employee organization shall be given reasonable written notice of such rule amendment or revision of rules together with notice of time, place and date of hearing by the city council. At the time of consideration, any interested person or recognized employee organization may appear and may be heard.
(Prior code § 2.60.110; Ord. 92-16 § 2, 1992)
A. 
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 recognized selection techniques which will test fairly the qualifications of candidates. Examinations may include, but are not limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination thereof. In any examination, the personnel officer may set minimum standards therefor. Physical and/or medical tests may be given to those applicants who are offered employment with the city, and such offers of employment may be contingent upon the successful completion of the physical or medical tests.
B. 
Appointments to the classified service shall be made by the appointing authority subject to the approval of the city manager.
C. 
Vacant positions in the classified service may be filled only by appointment from an eligibility list, by acting appointment, by transfer, by reinstatement or by demotion.
D. 
In the absence of an appropriate eligibility list, an acting appointment may be made by the appointing authority. An eligibility list shall be established within six months for any permanent position filled by acting appointment. No person shall be employed by the city under acting appointment for a total of more than six months in any fiscal year, except that the city manager may extend the period of any acting appointment for successive thirty-day periods with notification to the city council of such extensions.
E. 
Appointment to emergency or seasonal positions may, but need not be, made from eligibility lists and those appointments shall not be in the classified service.
F. 
During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy may be filled by the appointing authority only by an acting appointment.
(Prior code § 2.60.120; Ord. 92-16 § 2, 1992)
A. 
Tenure of employees in the classified service shall be subject to good behavior, satisfactory work performance, necessity for the performance of work and the availability of funds.
B. 
All regular appointments including promotional appointments shall be subject to a probationary period. During the probationary period, the employee may be rejected at any time, for any reason or for no reason, without the right of appeal or hearing.
C. 
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 city service as provided in this chapter and the rules.
(Prior code § 2.60.130; Ord. 92-16 § 2, 1992)
A. 
Any appointing authority shall have the right for cause to demote, dismiss, reduce in pay or suspend without pay for not more than 30 calendar days any person holding a position or employment made in the classified service. Notice of intent of such demotion, dismissal, reduction in pay or suspension must be in writing and served personally on such employee. The employee shall have five days within which to respond orally or in writing to the charges in the notice of intent to demote, dismiss, reduce in pay or suspend without pay for more than five days, or salary reductions of more than one pay period. Employees shall not be entitled to the notice of intent or the five-day response period for lesser discipline.
B. 
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 § 2.60.140; Ord. 92-16 § 2, 1992)
A. 
Any employee in the classified service shall have the right to appeal to the city manager. 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, except in instances where the right of appeal is prohibited by this chapter.
B. 
Nothing in this chapter shall preclude any employee or the public agency from seeking redress under the law after having followed the appeal procedures provided for in this chapter.
(Prior code § 2.60.150; Ord. 92-16 § 2, 1992)
The political activities of city employees shall conform to pertinent provisions of state law. The violation of any provision of this law shall be grounds for discharge of any officer or employee.
(Prior code § 2.60.160; Ord. 92-16 § 2, 1992)
There shall be no discrimination against any person seeking employment or against any employee in the classified service because of any considerations of religious or political affiliation or belief, membership in or attitude toward an employee organization, ethnic or geographical origin or race, sex, disability or for any other unlawful reason.
(Prior code § 2.60.170; Ord. 92-16 § 2, 1992)
A. 
Any employee of the city shall have the right to join or associate with an employee organization, have the right of individual representation, or have the right to refuse to join or participate in any employee organization.
B. 
Neither the city nor any organization representing employees within the city shall interfere with, intimidate, restrict, coerce or discriminate against any public employee because he or she has joined or refused to join any employee organization.
(Prior code § 2.60.180; Ord. 92-16 § 2, 1992)
Whenever, in the judgment of the city council and upon recommendation of the city manager, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the city council may abolish any position or employment in the classified service and the employee holding such a position or employment may be laid off effective 30 days after notice in writing, exclusive of any vacation period accrued, without the right of appeal. The name of such employee so laid off shall be placed on the appropriate reemployment list as provided by the rules, or such employee may be reappointed should such position or employment of any position involving all or a major portion of the same duties be reinstated or created within one year.
(Prior code § 2.60.190; Ord. 92-16 § 2, 1992)
The city council shall appropriate such funds as are necessary to carry out the provisions of this chapter and the personnel rules, provided that at the time of appropriation, the provisions of this chapter do not require actions which would be contrary to sound fiscal management.
(Prior code § 2.60.200; Ord. 92-16 § 2, 1992)
A. 
The purpose of these reciprocal provisions is to implement an agreement pursuant to Section 20042, Government Code, entered into between the city council and the Board of Administration, Public Employees' Retirement System (hereinafter referred to as P.E.R.S.).
B. 
All provisions of this system are amended to the extent necessary to provide the following obligations, rights and benefits with respect to members who become members of P.E.R.S., or are members of P.E.R.S. and become members of this system; provided, that the termination of and entry into employment resulting in such membership change, occur within a period of six months.
1. 
A member whose movement between systems occurs as specified in this chapter shall have the right to elect to leave his or her accumulated contributions on deposit irrespective of the amount of such contributions or the length of service credited to him or her, such election to be irrevocable while membership in P.E.R.S. continues.
2. 
Age of entry for a person entering this system, for purposes of fixing member contribution rates in this system, shall be his or her age at entry into P.E.R.S. membership.
3. 
The average monthly salary during any period of service as a member of P.E.R.S. shall be considered compensation earnable by a member of this system for purposes of computing final compensation for such member, provided he or she retires concurrently under both systems and is credited with such period of service under P.E.R.S. at the time of retirement.
4. 
Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under this system, shall also include service rendered as an officer or employee of P.E.R.S. if the salary for such service constitutes compensation earnable by a member of this system.
5. 
A member shall be retired for disability and receive a retirement allowance based on the service credited to him or her at the time of retirement during any period in which he or she receives a disability retirement allowance under P.E.R.S.; provided, that such allowance shall not exceed an amount which, when added to the allowance paid under P.E.R.S., equals the allowance which would be paid for a nonindustrial disability if all the member's service had been credited under P.E.R.S.; and provided further, that such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member's contributions, whether or not the disability is for industrial reasons.
6. 
The death benefit for a member who dies from nonindustrial causes as a member of P.E.R.S. shall not exceed an amount which, when added to the death benefit paid for such member under P.E.R.S., equals the maximum death benefit payable under that system; provided, however, that such death benefit shall be at least the amount of the accumulated contributions; and provided further, that if death is caused by industrial injury or disease while a member of P.E.R.S., the death benefit shall be the amount of the member's accumulated contributions.
7. 
The governing body of this system shall, on the request of P.E.R.S., supply information and data necessary for administration of such system as it is affected by membership in and service credited under this system.
8. 
Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the Public Employees' Retirement System, 1937 Act, county employees' retirement reciprocal provisions upon which they are based.
9. 
These provisions shall apply only to a member whose termination and entry into employment resulting in a change in membership from this system to such other system or from such other system to this system occurred after such acceptance by the city council or after the effective date specified in the agreement; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have applied had the termination and entry into employment occurred after such acceptance or determination by a system's governing board.
10. 
All rights under this system are subject to modification as may be necessary to conform to amendments to the Public Employees' Retirement Law or the County Employees' Retirement Law of 1937, as provided in Section 20042, Government Code.
(Prior code § 2.60.210; Ord. 92-16 § 2, 1992)
A. 
The city council finds and determines that its employees have voted to participate in the P.E.R.S., and the employee's participation in the P.E.R.S. is financially sound and beneficial to the general health, safety and welfare.
B. 
That the city adopts and agrees to participate in the P.E.R.S. pursuant to contract and California Government Code § 20000 et seq.
(Prior code § 2.60.220; Ord. 92-16 § 2, 1992)