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.
As used in this chapter, the following terms shall be defined
as indicated:
means all positions sufficiently similar in duties, authority,
and responsibility, to permit grouping under a common title in 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 the organizational title held by the incumbent in each
of the following classifications:
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.
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 preferably possesses
the desirable 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 reemployment 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. 611 § 2, 1978; Ord. 793 § 1, 1983)
The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him or her as personnel officer under this chapter to any other employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.30.040. The personnel officer shall:
A.
Administer
all the provisions of this chapter and of the personnel rules not
specifically reserved to the city council;
B.
Prepare
and recommend to the city council personnel rules and revisions and
amendments to such rules;
C.
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 council;
D.
Provide
for the publishing or posting of notices of tests for positions in
the competitive service; the receiving of applications therefor; the
conducting and grading of tests; the certification to the department
head of a list of all persons eligible for appointment to the appropriate
position in the competitive service.
The city manager, as personnel officer, is authorized to have
access to state and local summary criminal history information in
order to enable him to fulfill his or her employment and certification
duties and the implementation of the personnel rules and regulations
governing the terms and conditions of city employment. The provisions
of Chapter 1321 of the Statutes of 1974 and of Section 432.7 of the
Labor Code shall apply to the use of such information.
(Ord. 539 § 1, 1976)
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 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 following 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.
The
conduct of salary surveys.
F.
Special
and technical services of advisory or informational character on matters
relating to personnel administration.
The provisions of this chapter shall apply to all offices, positions
and employments in the service of the city, except:
A.
City
manager.
B.
City
attorney.
C.
Elective
officers.
D.
Members
of appointive boards, commissions, and committees.
E.
Persons
engaged under contract to supply expert, professional, technical or
any other services.
F.
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.
G.
Employees,
other than those listed elsewhere in this section, who are not regularly
employed in permanent positions.
(Ord. 611 § 3, 1978)
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 interviews, performance tests, physical agility
tests, evaluations of daily work performance, work samples, or any
combination of these or other tests. The probationary period shall
be considered an extension of the examination process. Physical and
medical tests may be given as part of any examination.
In any examination the city manager may include, in addition
to competitive tests, a qualifying test or tests, and set minimum
standards therefor.
When appointment is to be made to a vacancy in the competitive
service from an employment list, the city manager shall transmit to
the concerned department head the names of all persons on the appropriate
certified employment list, in the order in which they appear on the
list.
Appointments shall be made by the city manager based on recommendations
received from department heads.
All regular appointments, including promotional appointments,
shall be for a probationary period of not less than six months. During
the probationary period, the employee may be rejected at any time
without the right of appeal or hearing.
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 was promoted unless he is discharged from
the city service as provided in this chapter and the rules.
An employee in the competitive service promoted or transferred
to a position not included in the competitive service shall be reinstated
to a position in the class from which he or she was promoted or transferred
if action is taken to reject him unless he or she is discharged in
the manner provided in this chapter and the personnel rules for positions
in the competitive service.
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 in the
competitive service; and the employee holding such position may be
laid off without the right of appeal. The right of appeal shall apply,
however, when the department head or city manager fails to certify
that the services of the laid-off employee have been satisfactory,
as provided in the personnel rules.
The city manager shall have the right, for due cause, to demote,
dismiss, or suspend without pay for thirty calendar days, any regular
employee. A department head shall have similar rights, but of lesser
scope, as provided in the personnel rules. Notice of such action must
be in writing and served personally on such 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.
Any employee in the competitive service shall have the right
to appeal to the city council any disciplinary action, or alleged
violation of this chapter adopted thereunder, except in those instances
where the right of appeal is specifically prohibited by this chapter
or the rules adopted thereunder.
All appeals shall be concluded as expeditiously as possible
and in accordance with the requirements arid procedures as set forth
in the personnel rules adopted pursuant to this chapter.
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 or her 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.
The provisions of the personnel rules relating to attendance
and leaves shall apply to the incumbents of full time exempt positions,
unless otherwise specified.
It is the policy of the city of San Dimas to provide equal employment
opportunity to all applicants and employees in every phase of personnel
administration. Discrimination on the basis of race, creed, ancestry,
national origin, color, religious or political beliefs and affiliations,
sex, age, physical handicap, marital status, other nonmerit factors,
or because of the exercise of his right under Section 3502 of the
California Government Code shall be prohibited.
The political activities of city employees shall conform to
pertinent provisions of state and federal law.
Personnel rules shall be adopted by resolution of the city council
after notice of such action has been publicly posted in at least three
public places designated by the city council, and at least five days
prior to city council consideration. The city manager shall give reasonable
written notice to each recognized employee organization on any ordinance,
rule, resolution, regulation, or amendment thereof which affects them
or members of said organizations and is proposed to be adopted by
the city council. Amendments and revisions may be suggested by any
interested party and shall be processed as provided in the personnel
rules. The rules shall establish procedures 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 throughout their city service.
G.
Transfer,
promotion, demotion, reinstatement, disciplinary action and layoff
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.
K.
The
establishment of an employee training program.
L.
The
establishment of procedures governing employee leaves, holidays, and
the compensation plan.
(Ord. 505, 1975)
