Pursuant to the authority granted to the legislative body of any city within the state under the provisions of the laws of the state of California, the following personnel system is adopted for the city of Westminster.
(Prior code § 2400; Ord. 2418 § 1, 2007)
The purpose of this chapter is:
A. 
To establish the merit system for the selection and promotion of employees of the city on the basis of merit, experience and record, in order to secure and retain the most efficient and courteous public servants to handle the city's business and administer its affairs;
B. 
To provide worthy officials and employees reasonable security in the retention of their respective positions and afford them an opportunity for advancement according to merit.
(Prior code § 2401)
This chapter shall be known as, and when cited, referred to, or amended, may be designated as the "Westminster Merit System Ordinance" or the "Personnel System Ordinance."
(Prior code § 2426; Ord. 2418 § 2, 2007)
The provisions of this chapter shall be construed broadly and in accordance with sound merit system principles and sound public administration practices.
(Prior code § 2424)
A. 
The provisions of this chapter shall apply to all offices, positions and employment in the service of the city, except:
1. 
Positions on appointive boards, commissions or committees;
2. 
Elective officials;
3. 
Casual or seasonal employees in any office or department of the city;
4. 
Part-time employees in any office or department of the city;
5. 
Volunteer personnel;
6. 
Persons employed under contract to supply expert professional or technical services for a definite period of time;
7. 
Officers and employees of the Orange County department of public health and welfare engaged in the enforcement of the public health regulations in the city;
8. 
Emergency employees in any office or department of the city. All such positions and employment shall be for the duration of the emergency and shall terminate immediately thereafter;
9. 
The city attorney;
10. 
The city manager;
11. 
The finance director/city treasurer;
12. 
The director of public works/city engineer;
13. 
The director of community services;
14. 
The assistant to the city manager;
15. 
The director of human resources and risk management;
16. 
The community development director;
17. 
The city clerk;
18. 
The assistant city manager;
19. 
The administrative services director.
20. 
The police chief.
B. 
All offices, positions and employment not exempted in this section shall constitute the classified service of the city.
(Ord. 2418 § 3, 2007; Ord. 2431 § 1, 2008; Ord. 2448 § 1, 2009; Ord. 2505 § 1, 2013; Ord. 2530 § 1, 2016)
A. 
The personnel board shall function as an advisory board of review for city personnel matters. The board shall be appointed by the city council, and shall be composed of three members as follows:
1. 
One member may be selected from representatives of the religious community within the city;
2. 
One member may be selected from among officers or employees of the public education institutions; and
3. 
One member may be selected from the general public provided that he or she resides within the city;
4. 
By majority vote, the city council may appoint two alternate members to the board to serve for the same term as regular board member. There shall be a first and second alternate chosen and shall serve in that order. In the event a member is not available, the appointed alternate board member shall attend meetings as requested by the chairman with the first alternate being first requested and the second alternate being next requested.
B. 
Failure to appoint from these groups does not invalidate any action of the board. The city council may appoint any resident of Westminster if it is unable to fill a vacancy from these groups.
C. 
Each member of the personnel board shall be appointed by the city council to serve a term of two years expiring on the date of the first meeting of the city council following each regular municipal election.
D. 
Vacancies on the personnel board, from whatever cause arising, shall be filled by appointment by the city council for the unexpired term. In all cases, each member of the board shall serve until his/her successor is appointed and qualified. A vote of four-fifths of the city council shall be required to remove any member thereof prior to the expiration of his or her term.
E. 
Each member shall be paid seventy-five dollars for each day the board is required to meet.
(Ord. 2379 § 11, 2005)
A. 
The board shall elect a chairperson and a vice-chairperson from among its members to office following the initial appointment of the board members by the mayor and council members, which normally occurs in November after the municipal election within the city. In the month of November of each year, or at the first meeting thereafter at which the board convenes, the first order of business on the agenda shall be for the board to elect a new chairperson and vice-chairperson. The office of chairperson and vice-chairperson shall be held for one year, with a maximum of two consecutive terms, with the proviso that a new chairperson and/or vice-chairperson is willing to serve in that capacity. In the event of the chairperson's resignation or removal, the board is to elect another chairperson for the unexpired term. Either officer can be removed by a majority vote of the board. The board shall adopt an order of business for conducting its meetings, and shall meet as required by the provisions of this section. Two members of the board shall constitute a quorum for the transaction of business and action may be taken by the majority of the members present and voting.
B. 
All meetings of the board shall be open to the public, except while sitting as an advisory board of review where an appeal hearing has been requested by an aggrieved person, as provided in this chapter. All appeal hearings shall be private; provided, however, that the appellant may request a hearing open to the public. Any request for an open hearing shall be submitted five days prior to the hearing date or the hearing will be closed. The functions of the board shall be:
1. 
When requested by the council, the personnel board shall hold hearings and make recommendations on any matter pertaining to personnel administration within the limits of the request.
2. 
The personnel board shall hear written appeals from disciplinary actions, dismissal, demotion, suspension, reduction in pay or alleged violation of the rules and regulations, including but not limited to the rules set forth in the City's Personnel Policy Manual adopted by Resolution No. 3442 and any amendments thereto, when such appeal is made by any person in the classified service, and shall certify its findings and recommendations to the city manager and the city council.
3. 
Hearings on written appeals shall be informal. Technical rules which are employed to exclude evidence in criminal and civil court trials shall not be applied.
4. 
The board shall receive prior to the beginning of the hearing a written report from the personnel director listing all alleged facts in justification for the action which has been appealed.
5. 
At the hearing the board shall consider all evidence presented to it. The board shall not consider any evidence which it feels is obviously not material or not relevant to the issues presented by the alleged facts in justification of the matter appealed. Evidence may be presented by written statement, by oral testimony, and by exhibits.
6. 
The board shall determine the order in which people shall speak and the amount of time available to each side.
7. 
The person filing the appeal and all persons whose decisions are appealed shall have a right to be present, to receive a copy of each written report, statement or exhibit, to present evidence to the board by written statements, and to present oral testimony by calling witnesses and asking questions. The person has the right to subpoena and call for questioning any person for direct or cross-examination.
8. 
The city clerk shall issue subpoenas in the name of the city at the request of the party filing the appeal, or at the request of any person whose decision is appealed, or at the request of the city or the board. The refusal of any person to attend and testify pursuant to a subpoena shall subject such person to prosecution in the same manner as provided by law for failure to appear before the city council in response to a subpoena issued by that body. The chief of police or designee shall serve any such subpoena upon any person who can be found within the city.
9. 
Each member of the board shall have the power to administer the oath and to question any witness. The personnel director, or a person appointed by the board, shall be present at all hearings to make action minutes and to keep a file of all writings and exhibits which are submitted to the board. Any person, at his/her expense, shall be entitled to employ a court reporter to record the hearing.
C. 
The personnel board may grant a continuance for any reason they believe to be important to reaching a fair and proper decision.
D. 
The personnel board shall render findings and recommendations no later than fifteen working days after conclusion of the hearing unless otherwise stipulated by the parties. The findings and recommendations shall address each of the disciplinary charges raised by the final notice. The personnel board may sustain or reject any or all of the charges and may recommend sustaining, rejecting or modifying the disciplinary action.
E. 
The findings and recommendations of the personnel board shall be advisory and shall be considered as a recommendation to the city council. The proposed decision shall be filed with the charged employee, the department head and the personnel director. If the disciplinary action involves dismissal and dismissal is not sustained, the proposed decision shall set forth the recommended effective date the employee is to be reinstated, which may be any time on or after the date the disciplinary action went into effect.
F. 
The written findings and recommendations shall be transmitted by the personnel director to the city council. The city council shall consider the recommendations at the first regular council meeting following receipt of the written findings and recommendations. The decision of the city council shall be final. The employee shall be notified of the city council's decision within five business days.
(Ord. 2379 § 12, 2005; Ord. 2389 § 5, 2005)
The department of human resources and risk management shall be under the supervision of the director of human resources and risk management, whose office is created. The director of human resources and risk management shall be appointed by the city manager, and shall have charge of the administration of the personnel system as outlined in this chapter. The director of human resources and risk management shall be referred to in this chapter and throughout this code as the personnel officer, the director of human resources and risk management or the director of human resources.
(Ord. 2418 § 4, 2007)
The personnel officer shall have the responsibility of making effective the purposes of this chapter and, in addition to other responsibilities, it shall be his/her duty or the duty of his/her delegated subordinate to:
A. 
Attend all meetings of the personnel board;
B. 
Administer all provisions of this chapter and regulations established hereunder not specifically reserved to the personnel board or the city council;
C. 
Establish and keep a roster of all officials and employees in the classified service and all personnel records, which records shall show the length of time each officer and employee has been therein, together with a concise statement of all the duties performed and the salary paid. He/she shall keep such additional data in connection therewith as the city council may require;
D. 
Recommend a plan for the classification of positions to the city council. After the adoption of such classification, he/she shall allocate and reallocate the various positions according to the respective classes to which they belong under the direction of the city council;
E. 
Prepare and recommend a set of rules and regulations for the administration of the merit system, which rules and regulations may be revised or amended from time to time as the occasion demands by the city council. The city council may make such alterations, modifications or amendments thereto as are consistent with the purpose of this chapter. Rules and regulations shall be adopted by resolution of the city council;
F. 
Submit annually a personnel report to the city council in such detail as the council may require;
G. 
Recommend to the city council sound personnel practices or plans consistent with the intent of this chapter.
(Ord. 2379 § 13, 2005)
In addition to other matters as may be necessary and proper for carrying out the intent and design of this chapter, the rules and regulations shall contain provisions relating to:
A. 
The classification according to rank of all persons in the classified service;
B. 
The selection, employment, advancement, transfer, suspension, demotion, dismissal and reinstatement of all persons in the classified service;
C. 
The holding of competitive examinations and the administration of other suitable tests to determine fairly the relative ability of the persons examined to discharge the duties of the position to which they seek to be appointed;
D. 
All appointments which are tentative and subject to a probationary period, as provided in the rules and regulations and amendments thereto, during which probationer may be discharged or reduced by the appointing officer without right of appeal if, during such probationary period, the appointing officer or body deems him or her unfit or unsatisfactory for service;
E. 
The standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, safety, welfare and training.
(Prior code § 2410)
A. 
Whenever in the judgment of the city council it becomes necessary in the interests of economy or efficiency or because the need for the position involved no longer exists, the city council may abolish an office or employment in the classified service, and lay off, demote or transfer the employee holding such position or employment. Nothing in this chapter shall be deemed to prohibit the city council from combining or consolidating any office or employment with some other position in the interest of economy or greater efficiency.
B. 
If a position has been abolished and a person holding the position has been dismissed or transferred, such person shall have the right to reemployment in such position if within six months the position is recreated without substantial change in duties.
(Prior code § 2418)
A. 
A city employee who without prior authorization is absent or fails to discharge his or her regularly assigned duties for either three consecutive regular working days, or two consecutive regularly scheduled on-duty shifts, whichever is applicable, and who fails to report for duty after twenty-four hours' notice delivered verbally, in person, by telephone, or in writing by regular mail to his or her home address, shall be deemed to have resigned from city employment effective as of the day he or she last performed any duties of his or her position. If, however, he or she reports for duty at the commencement of his or her next regular working day or on-duty shift, he or she shall not be deemed to have so resigned.
B. 
Within twenty days after the effective date of such resignation, any employee who has resigned under subsection A may file with the appointing officer a written request for reinstatement, setting forth good cause for the absence or failure to perform duties, such as bona fide illness or injury or similar circumstances beyond his or her control.
C. 
If the appointing officer finds good cause for the absence or failure to perform duties, he or she may reinstate the employee. Such reinstatement shall constitute a retroactive leave of absence without pay.
D. 
Any employee who resigns under subsection A of this section and is not reinstated by the appointing officer may file an appeal with the personnel board, which appeal shall be limited to the determination of good cause for the absence or failure to perform duties.
(Prior code § 2419; Ord. 2379 § 14, 2005)
Nothing in this chapter shall be deemed to prevent the city council from contracting with any specialist or expert for special services, or for technical services relating to or concerning any branch or department of the city government.
(Prior code § 2419)