Editor's note: Before the adoption and codification of Ordinance 2217, Chapter 2.28 was derived from prior code sections 2200, 2201, 2201.2— 2201.7, 2202, 2203, 2204, 2204.1, 2204.2, 2204.3, 2205, 2205.1, 2206, 2207, 2208, 2208.1, 2209, 2210, 2211, 2215, 2216, 2218, and 2219; and ordinances 1289, 1309, 1310, 1316, 1382, 1383, 1396, 1458, 1497, 1516, 1540, 1571, 1820, 1888, 1936, 1968, 1969, and 2190.
(a) 
The city council will appoint the members of the personnel board in the following manner: one member from the community at large; one member from a list of three persons nominated by the non-sworn employees of the city and one member proposed by the city manager. A majority vote of the city council is required to appoint an individual to the personnel board.
(b) 
Nominations as required by this section must be made to the council within thirty days following notification by the council that such nominations are required. In the event nominations are not received within the thirty-day period, the council may fill vacancies as proposed by the city manager and approved by minute order.
(Ord. 2217 § 1, 2021)
No person may be appointed to the board who holds any salaried office or employment with the city, nor may any member, while on the board or for a period of one year after the member's term expires, be eligible for appointment to any office of employment of the city.
(Ord. 2217 § 1, 2021)
The board must hold a regular meeting at least once a year at times fixed by resolution. Special meetings may be called by chair upon twenty-four-hours' notice. Two members of the board constitute a quorum for the transaction of business.
(Ord. 2217 § 1, 2021)
The board's powers and duties are the following:
(a) 
If requested by the city council or the city manager, the personnel board may advise on any matter of personnel administration, such as standardization of hours of work, attendance and leave regulations, vacations, holidays and working conditions;
(b) 
If requested by the city council or city manager, advise regarding personnel rules and regulations and establishing specific procedures governing such phases of the personnel system such as:
(1) 
Revision and maintenance of a position classification plan covering all positions in the competitive service;
(2) 
Formulation of standards and qualifications for each class, including residential requirements, if any;
(3) 
Employee appeal hearing due to transfer, promotion, demotion and reinstatement of employees in the competitive service in accordance with any applicable memoranda of understanding;
(4) 
Employee appeal hearing due to separation of employees from the city service through layoff, suspension and dismissal in accordance with any applicable memoranda of understanding; and
(5) 
Appeal hearings for classifications covered by the competitive service in accordance with any applicable memoranda of understanding.
(Ord. 2217 § 1, 2021)
The city manager, or designee, will be the city's personnel officer and, in addition to any other duties assigned, will perform the following:
(a) 
Administer all provisions of this chapter;
(b) 
Attend meetings of and serve as secretary of the personnel board, with such clerical assistance as may be necessary;
(c) 
Have custody of all personnel records;
(d) 
Prepare rules and amendments thereof, for the consideration of the board;
(e) 
Prepare a position classification plan, class specifications and revisions thereof, for the consideration of the board.
(Ord. 2217 § 1, 2021)
This chapter applies to all offices, positions and employment now in the service of the city, except:
(a) 
Elective offices; provided, however, that in the event the people of the city by election change the status of any of the elective offices of the city to that of appointive offices, then upon the expiration of that term of office, the person holding such office may, at the discretion of the city council or the city manager, assume regular status without competitive test, providing that he or she has served in such position continuously for at least six months immediately before the expiration of his or her term of office. Thereafter, the position is subject in all respects to the provisions of this chapter and the personnel rules;
(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;
(e) 
Part-time employees (such as crossing guards), per diem, hourly and seasonal employees;
(f) 
Building official;
(g) 
City attorney;
(h) 
City manager;
(i) 
Financial services manager;
(j) 
Human resources and risk management manager;
(k) 
Information technology services manager;
(l) 
Support services manager;
(m) 
All non-classified positions appointed by the city manager in accordance with the administrative code adopted by the city council.
(Ord. 2217 § 1, 2021)
Appointments to vacant positions in the competitive service will be made in accordance with the personnel rules. Appointments and promotions are based on merit and fitness to be ascertained so far as practicable by competitive test. Appointments are made by the city manager, or designee.
(Ord. 2217 § 1, 2021)
If appointment is to be made from an employment or promotional list, the names of persons willing to accept appointment must be certified by the personnel officer to the appointment power in the order they appear on the appropriate lists. The number of names certified must be made in accordance with the personnel rules.
(Ord. 2217 § 1, 2021)
Except as otherwise provided by applicable law, e.g., in the event of a locally declared emergency, in the absence of an appropriate employment list, or in the case of a temporary position that will not exist for more than six months, a temporary appointment of a person meeting the minimum training and experience qualifications for the position may be made by the appointing authority for a period not to exceed six months. An employment list must be established within six months for any permanent position filled by temporary appointment. When a position is filled by temporary appointment, the personnel officer will report such action to the board.
(Ord. 2217 § 1, 2021)
Except as otherwise provided by separate city council resolution, no credit is allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a temporary appointment.
(Ord. 2217 § 1, 2021)
Except as otherwise provided in any city council resolution or an administrative policy and procedure promulgated by the city manager, all appointments to positions in the competitive service, except temporary and/or "at-will" appointments must comply with the personnel rules. During the probationary period the employee may be rejected at any time without the right of appeal or hearing.
(Ord. 2217 § 1, 2021)
Except as otherwise provided in any city council resolution, an employee rejected during the probationary period from a position to which he or she has been promoted must be reinstated to the position from which he or she was promoted, unless he or she is dismissed from city service.
(Ord. 2217 § 1, 2021)
Except as otherwise provided by city council resolution, the city manager may appoint, make transfers, promotions, demotions, reinstatements, layoffs and to suspend or dismiss employees, subject to the provisions of this chapter and the personnel rules.
(Ord. 2217 § 1, 2021)
Any employee holding a position in the competitive service who is absent without a valid leave of absence for more than two consecutive working shifts, is deemed to have abandoned his or her position and to have resigned from city service, unless, within fifteen calendar days from the last day he or she worked or the last day he or she was on a valid leave of absence, he or she proves to the satisfaction of the city manager, or designee, that the absence was excusable.
(Ord. 2217 § 1, 2021)
Except as otherwise provided by city council resolution, employees may be transferred between departments by the city manager where such transfers involve work of the same civil service class as that in which the employee has status. Employees may be assigned within their department by the department head to work appropriate to their civil service class. No assignments or transfers may be made to work of a civil service class different from that in which the employee has status, except work which is purely temporary and incidental thereto, or except in the event of grave emergency involving danger to life or property, and then only for such limited periods of time as may be required because of such emergency. Transfers and work assignments may also be made for disciplinary reasons.
(Ord. 2217 § 1, 2021)
No permanent employee in the competitive service may be suspended, demoted, dismissed or subjected to any other disciplinary action unless such action is taken in accordance with and pursuant to personnel system rules and regulations. This section shall not apply to the abolition of a position.
(Ord. 2217 § 1, 2021)
Whenever in the judgment of the city council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the city council may abolish any position or employment. by resolution. The employee holding such position or employment will be laid off, demoted or transferred without the filing of written charges and without the right of appeal in accordance with rules established by the personnel board. If, within two years, an appointment is to be made to any position or employment in any existing or new class having the same, or, substantially similar qualifications and duties as the position abolished, the employee laid off, demoted or transferred has the right to such appointment, unless he or she files a waiver in writing with the personnel officer; or, if laid off, he or she fails to report to the personnel officer within twenty working days after notice is mailed to his or her last known address.
(Ord. 2217 § 1, 2021)
The city manager may, if requested, 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 establishment or operation of the personnel system. The city council may contract with any qualified person or 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 of a plan of compensation, and subsequent revision and amendments thereof;
(d) 
The preparation, conduct and grading of competitive tests;
(e) 
Special and technical services of advisory or informational character on matters relating to personnel administration.
(Ord. 2217 § 1, 2021)