In order to establish an equitable, effective and uniform procedure
for dealing with personnel matters and to place municipal employment
on a merit basis so that the most qualified persons available may
be brought into and retained by the City, the following personnel
system is adopted and may hereafter be referred to as the City Personnel
System.
(Prior code § 4-1.1; Ord. 21-1722 § 2)
For the purposes of this chapter, and any rules adopted pursuant to Section 2.24.060, the following words and phrases shall have the meanings respectively ascribed to them by this section:
means a salary increase within the limits of the pay range
established for a position.
means the basic date for the purpose of computing certain
employee benefits and other events. An employee shall have an anniversary
date of the first or sixteenth of the month closest to the date of
his or her appointment, promotion, demotion, reemployment or reinstatement.
means the Director of Human Resources.
means the offer to and acceptance by a person of a position.
means calendar days unless otherwise stated.
means the movement of an employee from one position to another
position having a lower maximum rate of pay.
means those management employees deemed to be department
heads who shall be set forth in the table of organization adopted
by resolution of the City Council.
means a person who may be appointed to a vacant position.
means a list of names of persons who have passed a promotional,
or an open competitive examination, are eligible for appointment for
a specific position, and are ranked on the list in the order of the
scores received.
means selection techniques used to measure the relative capacities
of persons applying for positions.
means an employee employed on an hourly rate, regardless
of number of hours or schedule worked, including, but not limited
to, part-time, on-call, seasonal and temporary employees.
means an employee who has managerial or supervisorial authority.
Those employees who are deemed to be management employees shall be
set forth in the table of organization adopted by resolution of the
City Council.
means a regular employee who has completed the probationary
period and has been retained in his or her position.
means the City Manager, who may, in writing, delegate any
of the powers and duties conferred upon him or her as Personnel Officer
to any other employee of the City, or to any other person under a
contractual arrangement.
means any office or employment whether occupied or vacant.
means a written description of a position, setting forth
duties, responsibilities, tasks and qualifications, which distinguish
it from other positions.
means a regular employee who is in the probationary period
of employment.
means a working test period of employment in a particular
position during which an employee is required to demonstrate his or
her fitness by actual performance of the position duties. No rights
granted to employees shall vest unless and until such test period
is successfully completed.
means the movement of an employee from one position to another
position having a higher maximum rate of pay.
means the reemployment without examination of a former permanent
employee who resigned in good standing or was laid off.
means an employee who regularly works the normal number of
working hours for City service employment in the position filled and
is compensated on a monthly rate.
means termination of employment at the employee's request.
means the amount of money or credit received as compensation
for services rendered, exclusive of mileage, traveling allowances,
and other sums received for actual and necessary expenses incurred
in the performance of the City's business.
means a schedule of progressive maximum salaries arranged
in steps and payable to employees assigned to a position.
means a lump sum payment made upon termination of an employee's
services with the City. Severance pay is in addition to all other
benefits accrued under the Personnel System. An employee shall not
be required to work during the period that severance pay is received.
means allowable absence with pay because of illness, injury,
communicable disease, or other similar cause. If the absence is due
to injury incurred on the job, only the first three days of absence
shall be allowable as sick leave, and only if so requested by the
employee.
means employment of a person who meets the minimum qualifications
for the position but who is not on an eligible list for such position,
either when one has not been established or when those on the eligible
list are not immediately available, or who temporarily fills a position
during an approved leave of the employee appointed to such position.
means the separation of an employee from City service by
death, discharge, layoff, retirement, resignation or work completion.
(Prior code § 4-1.2; Ord. 21-1722 § 2)
This chapter shall apply to all offices, positions and employments
in the service of the City except:
A.
Elective
offices;
B.
Positions
on appointive boards, commissions and committees;
C.
Persons
under contract to supply expert, professional or technical services;
D.
Volunteer
personnel who receive no regular compensation from the City;
(Prior code § 4-2; Ord. 21-1722 § 2)
No discrimination shall be exercised, threatened or promised
by any person against or in favor of any applicant for employment
or employee because of race, creed, color, political affiliation or
beliefs, sex, marital status, age, physical handicap or medical condition
not related to the performance of the job, or national origin. Applicants
will be employed and employees treated during employment without regard
to their race, creed, color, political affiliation or beliefs, sex,
marital status, age, physical handicap or medical condition not related
to the performance of the job, or national origin. Such actions shall
include, but not be limited to, the following: employment assignments,
promotion, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship. This section
shall not be deemed to require or authorize employment of any person
if he or she has attained the retirement age for the particular position
prescribed by the City's retirement system.
(Prior code § 4-3; Ord. 21-1722 § 2)
Personnel rules shall be adopted by resolution of 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 City service, including employment
standards and qualifications for each position;
B.
Establishment
and use of eligible lists containing names of persons eligible for
appointment;
C.
Certification
and appointment of persons from eligible lists;
D.
Establishment
of rules regarding the probationary period;
E.
Performance
evaluation of employees;
F.
Establishment
of policies and procedures for leaves of absence;
G.
Transfer,
promotion, reemployment, demotion, disciplinary action and layoff
of employees in the City service;
H.
Termination
of employment from the City service;
I.
Establishment
of adequate personnel records;
J.
Establishment
of appeal procedures concerning the interpretation or application
of this chapter and any rules adopted hereunder;
K.
Such
other rules or regulations as the City Council finds necessary to
the functioning of the City Personnel System.
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Amendments and revisions to the rules may be suggested by any
interested party. At least 10 calendar days prior to consideration,
any amendments or revisions affecting wages, hours, and other terms
and conditions of employment within the scope of representation shall
be posted on all bulletin boards for employees' review, and a copy
mailed to the City employees' organization representatives, indicating
the time and place when the City Council will consider amendments
or revisions. The City will meet and confer in good faith with the
City employees' organization representatives on any matters within
the scope of representation as required by State law.
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(Prior code § 4-4; Ord. 21-1722 § 2)
A.
Written
Specifications for Positions. The Director of Human Resources, with
assistance from the department head, shall ascertain and record in
a written specification for each position the position title, duties,
responsibilities, minimum qualifications, and factors and conditions
which distinguish it from other positions. The City Manager shall
develop such specifications for department heads.
B.
Temporary
Holding of Position. Each employee holding a position shall assume
the title of the position. The Director of Human Resources may designate
persons filling a position through temporary employment as "acting"
if such designation would be in the best interests of the City.
C.
Abolishing
Positions. Whenever in the sole judgment of the City Council it becomes
necessary in the interest of economy or efficiency, or because the
need for the position involved no longer exists, the City Council
may abolish a position, and lay off, demote or transfer the employee
holding such position. Nothing in this section shall be deemed to
prohibit the City Council from combining or consolidating any position
with some other position in the interest of economy or efficiency.
D.
Change
in Allocation of Position. Position duties which have changed materially
maybe reallocated to a more appropriate salary range, whether new
or existing, in the same manner as originally allocated; provided,
however, that reallocation of positions shall not be used for the
purpose of avoiding restrictions concerning demotions and promotions.
A department head may at any time request consideration of a change
in allocation of a position by directing such request in writing to
the Director of Human Resources. The Director of Human Resources shall
make a study of the position and if the findings support such request,
shall report such findings in writing to the City Council, together
with a proposed position specification. The decision of the City Council
shall be final.
(Prior code § 4-5; Ord. 21-1722 § 2)
The City Council shall adopt a compensation plan by resolution
which may be revised in the same manner. The compensation plan shall
show rates of pay by salary range and step for all positions. In establishing
rates of pay, consideration may be given to comparable positions in
other public agencies and in private employment, to the nature, quality
and quantity of work to be performed, and to the City's financial
condition and policies. When any new position is created, the Director
of Human Resources shall recommend an appropriate salary range to
the City Council, which shall thereafter amend the compensation plan
to include such position.
(Prior code § 4-6; Ord. 21-1722 § 2)
Basis for Appointments and Promotions Established. Appointments to vacant positions in the City service shall be made in accordance with the personnel rules adopted pursuant to Section 2.24.050. Appointments and promotions shall be based on merit and fitness, ascertained by examinations conducted or arranged for by the Director of Human Resources, department heads and appropriate supervisors to determine the individual and relative merits and fitness of each applicant and to attempt to predict the future performance of the applicant on a specific job. Appointments shall be made by the appointing authority except as otherwise provided by law.
(Prior code § 4-7; Ord. 21-1722 § 2)
All new, promotional and transfer appointments, except those
to the position of City Manager or management employee, shall be tentative
and subject to a probationary period of six months. The probationary
period shall be regarded as a significant part of the selection process,
and shall be utilized to closely observe the employee's work to assure
the most effective adjustment to the position.
During an employee's probationary period, he or she may be discharged
or subject to other disciplinary measures without cause and without
right of appeal or hearing. Any employee rejected during the probationary
period following a promotional appointment shall not be reinstated
to the position from which promoted unless the position is still unfilled.
If the prior position is filled, the promoted employee shall be terminated.
(Prior code § 4-8; Ord. 21-1722 § 2)
A.
The City Manager shall serve at the discretion of the City Council, as set forth in Norwalk Municipal Code Chapter 2.04, or any contractual agreement to which he or she may be subject.
B.
Management employees shall not serve probationary periods and shall not be deemed permanent after six months, but shall serve at the discretion of the City Manager. If any such employee is terminated after he or she has served in such position for a period of one year, he or she shall be entitled to 90 days severance pay at their existing salary range and step, and all accrued benefits as provided in the personnel rules adopted pursuant to Section 2.24.050.
C.
Notwithstanding the provisions of subsection B of this section, any management employee employed by the City as of the effective date of this chapter who, on or before the effective date of this chapter, declines to sign a written waiver of any disciplinary hearing or appeal rights they may have had under the provisions of the Personnel System existing prior to the effective date of this chapter, shall not be entitled to any severance pay upon termination, but may only be terminated for cause as provided in Section 2.24.120, and in accordance with the procedures contained in this chapter, including the right to appeal such action to the Personnel Appeals Board and City Council pursuant to Section 2.24.120.
D.
Notwithstanding any other provision of this section, an employee in the position of City Controller/Treasurer may not be suspended, transferred to another position, reduced in pay or discharged without the approval of the City Council for such action. Such approval shall be obtained by the City Manager prior to instituting any of the procedures specified in subsection C of this section, or prior to undertaking such disciplinary action pursuant to subsection B of this section, whichever subsection is applicable to the employee proposed to be disciplined.
(Prior code § 4-9; Ord. 21-1722 § 2)
A.
Established.
There is established a Personnel Appeals Board to be formed and to
function as set forth in this section. The City Council shall establish
a list of five people who may serve on the Personnel Appeals Board.
Each member of the Personnel Appeals Board shall be selected based
upon their experience in the area of personnel relations. Each name
on such list shall remain certified as a potential Board member until
such person requests his or her name to be removed, or a majority
of the City Council determines to remove such name. The Director of
Human Resources may meet with any or all of the persons on the list
in order to discuss rules of procedure or other matters related to
activities of the Personnel Appeals Board.
B.
Purpose; Procedure. The Personnel Appeals Board shall be convened whenever necessary to hear an appeal pursuant to the grievance procedure set forth in this chapter. It shall consist of three persons chosen from the list established by subsection A of this section. The three persons hearing any particular matter shall be chosen by the Mayor but shall be subject to approval of the City Council. The three persons shall be chosen from the list of five on a rotating basis. Notice of the choices shall be provided to the employee whose case is being heard not less than five days prior to the date scheduled for approval of the Board composition by the City Council.
C.
Disqualification
of Member. A member of the Personnel Appeals Board shall voluntarily
disqualify him or herself and withdraw from any case in which he or
she cannot accord a fair and impartial hearing. The employee whose
case is being considered may request the disqualification of any member
of the Personnel Appeals Board by filing with the Director of Human
Resources, at least two days prior to the date scheduled for approval
of the Board composition by the City Council, an affidavit stating
with particularity the grounds upon which it is claimed that a fair
and impartial hearing cannot be accorded. The issue shall be determined
by the City Council when it determines the composition of the Personnel
Appeals Board.
(Prior code § 4-10; Ord. 21-1722 § 2)
A.
The
City Manager or designee shall have the authority to reprimand, suspend,
decrease salary, demote or discharge any employee for cause in accordance
with procedures included in the personnel rules.
B.
Any
employee shall have the right to appeal a disciplinary action except
in those instances where the right of appeal is specifically prohibited
by this chapter or the rules adopted thereunder.
All appeals shall be processed in accordance with the requirements
and procedures as set forth in the personnel rules adopted pursuant
to this chapter.
C.
Notwithstanding
anything in this section to the contrary, any probationary employee
may be discharged or subject to other disciplinary measures without
cause and without right of appeal or hearing.
(Prior code § 4-11; Ord. 21-1722 § 2)
The political activities of City employees shall conform to pertinent provisions of Government Code Section 3201 et seq., and to Title 5 United States Code Sections 1501 through 1508.
(Prior code § 4-12; amended
during 1999 codification; Ord. 21-1722 § 2)
