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)
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)
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. 
Administer all provisions of this chapter and regulations established hereunder not specifically reserved to the city council;
B. 
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;
C. 
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;
D. 
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. Notwithstanding any of the foregoing, the personnel officer may amend the rules and regulations if they are minor administrative corrections (e.g., typographical corrections), necessary to comply with applicable law, or necessary to align with any approved memorandum of understanding;
E. 
Submit annually a personnel report to the city council in such detail as the council may require; and
F. 
Recommend to the city council sound personnel practices or plans consistent with the intent of this chapter.
(Ord. 2379 § 13, 2005; Ord. 2632, 1/14/2026)
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 officer, 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; Ord. 2632, 1/14/2026)
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)