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 ensure that appointments
and promotions of employees will be based on job-related merit and
fitness; and to provide a reasonable degree of security for qualified
employees, the following personnel system is adopted and repeals all
ordinances and provisions of ordinances inconsistent herewith.
(Prior code § 16-1)
A.
The
city manager shall be the personnel officer.
B.
The
city manager may delegate any of the powers and duties conferred upon
him as personnel officer under this chapter to any other officer or
employee of the city included in the management personnel system,
or may recommend that such powers and duties be performed under contract
as provided in Section 2.56.120.
(Prior code § 16-2)
The personnel officer shall have the following powers and duties:
A.
Attend
all meetings of the personnel board and serve as its secretary;
B.
Administer
all the provisions of this chapter and of the personnel rules not
specifically reserved to the council or the personnel board;
C.
Prepare
and recommend to the council personnel rules and revisions and amendments
to such rules;
D.
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;
E.
Provide
for the publishing or posting of notices of tests for positions in
the classified service; the receiving of applications therefor; the
conducting and grading of tests; and the certification to the department
head of a list of all persons eligible for appointment to the appropriate
position in the classified service.
(Prior code § 16-3)
Personnel rules and regulations for the classified service shall
be adopted by resolution of the council after notice of such action
has been publicly posted in at least three public places for at least
five days prior to council consideration. All amendments and revisions
shall be processed in a like manner. The rules and regulations of
the classified service shall apply to all full-time permanent, probationary
and transitional status employees, as provided for therein, except
those personnel specifically exempted or included in the management
personnel system. The rules shall establish regulations governing
the classified service personnel system, including:
A.
Preparation,
installation, revision and maintenance of a position classification
plan covering all positions in the classified 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 employment;
D.
Certification
and appointment of persons from employment lists, and the making of
provisional appointments;
E.
Establishment
of probationary periods;
F.
Evaluation
of employees during the probationary period;
G.
Transfer,
promotion, demotion, reinstatement, disciplinary action and layoff
of employees in the classified service;
H.
Separation
of employees from the city service;
I.
Establishment
of adequate personnel records;
J.
Establishment
of appeal procedures concerning the interpretation or application
of this chapter and any rules adopted hereunder.
(Prior code § 16-8; Ord. 1012-08 § 3)
A.
A central
management personnel system shall be adopted by resolution of the
city council, after notice of such action has been publicly posted
in at least three public places for at least five days prior to council
consideration. All amendments and revisions shall be processed in
a like manner. The central management personnel system shall apply
to all specified positions as so designated at the time of their creation
or as may from time to time be amended by resolution.
B.
The
central management personnel system shall be designated to isolate
key positions in the city service from undesirable participation in
the labor relations process and from personal interest in the outcome
of labor disputes over working conditions. The central management
personnel system shall also be designated in such a way as to facilitate
central management responsiveness to the direction of the city council,
create a system of accountability to the city council and city manager,
and provide a reasonable degree of security to central management
personnel. The central management system shall also be designed to
enable the city to compete with other organizations for high-quality
personnel within the labor market.
C.
The
central management personnel system shall, as applied to certain designated
positions, supersede all and any provisions of the rules and regulations
of the classified service, unless otherwise specified in the central
management personnel system. The city manager, with concurrence of
the city council, shall have responsibility for interpreting and determining
the applicability of the provisions of the central management personnel
system.
(Prior code § 16-9; Ord. 503-85 § 1; Ord.
539-87 § 1; Ord. 630-89 § 1; Ord. 638-89 § 1; Ord. 747-94 § 1; Ord. 774-94 § 1; Ord. 854-98 §§ 1, 2; Ord. 877-00 § 1; Ord.
1012-08 § 3)
The provisions of this chapter apply to all offices, positions
and employees in the service of the city, except:
A.
Elective
officers;
B.
Members
of appointive boards, commissions and committees;
C.
Persons
employed by independent organizations under contract to supply expert,
professional, technical or any other services;
D.
Volunteer
personnel;
E.
City
attorney;
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; and
G.
Employees,
other than those listed elsewhere in this section, who are not regularly
employed in full-time positions.
(Prior code § 16-10; Ord. 1012-08 § 3)
A.
It is
the policy of the city to determine employment eligibility without
regard to race, color, creed, sex, national origin, religion or political
affiliation or lack thereof, personal sponsorship or any other factor
which is not related to the satisfactory performance of a particular
job. It is also the city's employment policy to comply with all provisions
of Title VII of the Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, and any subsequent amendments thereof. Additionally,
all due consideration shall be given to guidelines set forth by the
Fair Employment Practices Commission of the State of California and
the Office of Federal Contract Compliance.
B.
No provisions
of this chapter or the personnel system shall be construed to preclude
any affirmative action plan or amendment thereof which may be adopted
by the city.
(Prior code § 16-11; Ord. 1012-08 § 3)
The city manager shall consider and make recommendations to
the 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 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.
Special
and technical services of advisory or informational character on matters
relating to personnel administration.
(Prior code § 16-12; Ord. 1012-08 § 3)
A.
The
council reserves the right, prior to making any determination to recognize
or decline to recognize any employee organization or employee bargaining
unit, to formally determine and adopt appropriate guidelines for organizational
recognition and unit determination. In no event shall management personnel
(whether or not a part of any management personnel system), supervisory
or confidential personnel be permitted to be members of a bargaining
unit which has as any part of its membership nonsupervisory or nonconfidential
personnel.
B.
In establishing
rules and regulations for the administration of employer-employee
relations, the rights of the city shall include, but not be limited
to, the exclusive right to determine the mission of its departments,
commissions and boards; set standards of service; determine the procedures
and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty
because of lack of work or for other legitimate reasons; maintain
the efficiency of governmental operations; determine the methods,
means and personnel by which government operations are to be conducted;
determine the content of job classifications; take all necessary actions
to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology of performing
its work.
C.
Employees
shall not be obligated to join or participate in any employee organization,
and no employee shall be interfered with, intimidated, restrained,
coerced or discriminated against by the city or any employee or employee
organization for exercising his or her right of participation or lack
thereof.
(Prior code § 16-13; Ord. 1012-08 § 3)
A.
It is
the policy of the city to favor the employment and the utilization
of physically and/or mentally permanently disabled employees who are
injured as a result of their duties and responsibilities as employees.
The city reserves the right to make available a permanent light-duty
position to any employee who may be determined to be permanently disabled
from performing the functions and duties of such position which such
employee may occupy at the time of a work-related injury.
B.
The
duties and responsibilities of the permanent light-duty position shall
be such that the disabled employee will be capable of performing them,
notwithstanding such employee's disability. Such light-duty position
may be made available in any department of the city and need not be
in the particular department in which such employee worked at the
time of the work-related injury. Such position shall be termed a "permanent
light-duty position" and may be created or modified at any time, including,
but not limited to, subsequent to the occurrence of the work-related
injury of any particular employee.
C.
The
permanent light-duty position need not have the same or even substantially
similar duties or responsibilities to the position held by a permanently
disabled employee at the time of a work-related injury, but shall
be a position which provides substantially the same salary and benefits
provided by the position held by the permanently disabled employee
at the time he or she sustained a work-related injury.
D.
Failure
of a permanently disabled employee to accept a permanent light-duty
position within thirty days of its tender to him or her shall constitute
an absolute waiver and forfeiture of any right to disability retirement,
including, but not limited to, such right which may be provided by
the Government Code, and shall constitute a ground for termination
of such employee.
(Prior code § 16-14; Ord. 1012-08 § 3)
A.
"Relative"
"Employee"
"City official"
"Central management employees"
Definitions.
means spouse, child, stepchild, parent, grandparent, grandchild,
brother, sister, halfbrother, halfsister, aunt, uncle, niece, nephew,
first cousin, parent-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, or any other person or individual related by blood
or marriage.
means any person who receives a city paycheck for services
rendered to the city, and whose position is included in the city's
classified service.
includes all elected or appointed individuals serving the
city of Lawndale on any permanent standing board, committee or commission,
whether compensated or not.
includes department heads or other central management employees
as designated in writing by the city manager.
B.
General
Restrictions.
1.
The
city shall not hire the relative of a city official, but the fact
that a person shall become a city official shall not cause a change
in the employment status of any employee or prevent the future advancement
of such employee after the election or appointment of the city official.
2.
Central
Management Employees.
a.
Spouses. For business reasons of supervision, safety, security and
morale, spouses of central management employees may not be employed
anywhere in the city organization where such employment results in
placing one spouse under the direct supervision of another spouse
or where the work involves potential conflicts of interest or other
hazards greater for married couples than for other persons.
b.
Other Relatives. All other relatives of central management employees
may not be employed anywhere in the city organization.
c.
Consequences. If the advancement of an employee to a central management
position or the marriage of a central management employee with another
employee would be contrary to subsection (B)(2)(a) or (b) of this
section, then in the case of an advancement, with the approval of
the city manager, department head and both affected employees, the
advancement may be made and the nonadvancing employee shall be discharged
in a nondisciplinary separation, or if such consents are not received,
the advancement will not be made. In the case of a marriage, if one
of the employees does not voluntarily resign, the less senior employee
shall be discharged in a nondisciplinary separation.
C.
Department
Restrictions.
1.
Spouses.
For business reasons of safety, security and morale, spouses may not
be employed within the same department where such employment results
in placing one spouse under the direct supervision of another spouse,
or where the work involves potential conflicts of interest or other
hazards greater for married couples than for other persons.
2.
Other
Relations. The employment of other relatives within the same department
is prohibited when they:
D.
Marriage.
When two employees marry:
1.
If
such marriage results in a violation of subsection (B)(2)(a) or (C)(1)
above, the personnel officer will attempt to arrange a transfer to
a similar position in another department for one of the employees,
ordinarily the one in the more junior job classification. There is
no guarantee that the new position will be within the same classification
or at the same salary level.
2.
Where
a transfer, as provided in subsection (D)(1) above, cannot be arranged
or is not accepted by the employee(s), then one of the affected employees
shall be separated from city service. Such separation shall be accomplished
either by voluntary resignation of one of the affected employees or,
in the event neither of the affected employees voluntarily resigns,
by the termination of the less senior employee through a nondisciplinary
separation from city service.
E.
Grandfather
Clause. The provisions of this section shall only apply to changes
in employment status or marriages occurring after the effective date
of the ordinance codified in this section.
F.
Interpretation.
The city manager shall have the authority to make decisions regarding
the interpretation and enforcement of this section of the municipal
code.
(Ord. 748-94 § 1; Ord. 1012-08 § 3)
