A personnel board is created with three members appointed by the city council pursuant to this chapter, and subject to chapter
2.82 of this code.
(Ord. 2217 § 1, 2021)
(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;
(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)