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 as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel merit system is adopted for positions in the classified service.
(Ord. 1120 § 1, 1970; Ord. NS-793 § 8, 2006)
The City Manager will 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 officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.44.140. The personnel officer will:
A. 
Administer all provisions of this chapter and of the personnel rules not specifically reserved to the council;
B. 
Prepare and recommend to the council, revisions and amendments to the personnel rules. The City Attorney will approve the legality of such revisions and amendments prior to their submission to the council;
C. 
Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. For classifications in the classified service, the plan, and any revisions thereof, will become effective upon approval by the council; for classifications not in the classified service, the plan, and any revisions thereof, will become effective upon approval by the personnel officer;
D. 
Prepare or cause to be prepared, a plan of compensation, and any subsequent revisions to it, covering all classifications in the classified service. The plan, and any revisions thereof, will become effective upon approval by the council;
E. 
Publish or post notices of examinations for positions in the classified service; receive applications; conduct and score examinations and certify to the appointing power a list of all persons eligible for appointment to the appropriate position in the classified service.
(Ord. 1120 § 2, 1970; Ord. NS-793 §§ 5, 6, 7, 9, 10, 2006; Ord. CS-336 § 2, 2018)
The provisions of this chapter will 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 engaged under contract to supply expert, professional or technical services for a definite period of time;
D. 
Volunteer personnel who receive no regular compensation from the city;
E. 
City Manager;
F. 
City Attorney;
G. 
All positions listed on the management salary range schedule;
H. 
All positions listed on the part-time salary range schedule;
I. 
All positions listed on the non-management unclassified salary range schedule;
J. 
Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property;
K. 
Hourly employees, other than those listed elsewhere in this section, who are expected to or do work less than 1,000 hours in any one fiscal year; and
L. 
Temporary positions which are authorized by the City Council and are of limited duration.
(Ord. 1120 § 3, 1970; Ord. 1166 § 1, 1974; Ord. 1186 § 1, 1975; Ord. 1196 § 1, 1976; Ord. 1211 § 1, 1978; Ord. 1219 § 1, 1979; Ord. 1225 § 1, 1979; Ord. 1261 § 3, 1983; Ord. NS-93 § 1, 1989; Ord. NS-159 § 1, 1991; Ord. NS-793 § 5, 2006; Ord. CS-404 § 2, 2021)
The provisions of this chapter do not apply to and are not intended to confer any employment rights or benefits on volunteers or persons under contract to supply expert, professional, technical or other services for the city.
(Ord. NS-793 § 12, 2006)
Personnel rules, prepared by the personnel officer subject to this chapter and to revisions by the council, will be adopted, and may be amended from time to time, by resolution of the council. The rules will establish specific procedures and regulations governing the following phases of the personnel system:
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. 
Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;
C. 
Public announcement of all tests and the acceptance of applications for employment;
D. 
Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
E. 
Certification and appointment of persons from employment lists, and making of part-time, temporary, and emergency appointments;
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 classified service;
I. 
Standardization of hours of work, attendance and leave regulations, working conditions, and the development of employees' morale, welfare and training;
J. 
Suitable provision for orderly and equitable presentations to the City Manager and to the City Council by employees relating to general conditions of employment, including the establishment of appeals procedures;
K. 
The establishment of adequate personnel records;
L. 
The provision of a grievance procedure for classified employees.
(Ord. 1120 § 4, 1970; Ord. 1130 § 1, 1971; Ord. 1182 § 1, 1975; Ord. NS-793 §§ 5, 6, 2006)
A. 
Appointments to vacant positions in the classified service will be made in accordance with the personnel rules. Appointments and promotions will be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations will be used and conducted to aid in the selection of qualified employees, and will consist of recognized selection techniques such as achievement aptitude tests and other written tests, personal interviews, performance tests, physical agility tests, evaluations of daily work performance, or any combination of these, which will, in the opinion of the personnel officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination when otherwise permitted by state and federal law. In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
B. 
Appointments of department heads and other employees who are not part of the classified service will be made by the City Manager, except as otherwise provided in this title.
C. 
Notwithstanding the above, the City Attorney will have appointing power for vacant positions in the City Attorney's office.
D. 
Department heads may appoint and remove officers and employees in their respective departments or areas of supervision, upon written authorization of the City Manager and subject to the applicable provisions of this chapter and the personnel rules.
(Ord. 1120 § 5, 1970; Ord. 1211 § 2, 1978; Ord. NS-93 § 2, 1989; Ord. NS-793 §§ 5, 6, 13, 2006)
A. 
All regular appointments, including promotional appointments, will be for a probationary period of not less than six months except as otherwise indicated. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. For newly employed uniformed police and fire personnel, the minimum probationary period will be not less than one full year.
B. 
An employee rejected during the probationary period from a position to which the employee has been promoted will be reinstated to the position from which such employee has been promoted, unless the employee is dismissed from the classified service as provided in this chapter and the rules.
C. 
An employee in the classified service promoted or transferred to a position not included in the classified service will be reinstated to the position from which the employee was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss the employee, unless the employee is discharged in the manner provided in this chapter and the personnel rules for positions in the classified service.
(Ord. 1120 § 6, 1970; Ord. NS-793 §§ 5, 6, 7, 14, 2006)
Any person holding a position included in the classified service who, on the effective date of the ordinance codified in this chapter will have served continuously in such position, or in some other position in the classified service, for a period equal to the probationary period prescribed in the rules for his or her class, will assume regular status in the classified service in the position held on such effective date without qualifying test, and will thereafter be subject in all respects to the provisions of the ordinance codified in this chapter and the personnel rules.
Any other persons holding positions in the classified service will 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 will be computed from the first day of the first full calendar month after date of appointment or employment.
(Ord. 1120 § 7, 1970; Ord. NS-793 §§ 5, 6, 2006)
The provisions of the personnel rules relating to the attendance and leaves will apply to the incumbents of full-time exempt positions.
(Ord. 1120 § 8, 1970; Ord. NS-793 § 5, 2006)
Whenever in the judgment of the City Manager it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, then the City Manager may abolish any position or employment in the classified service and layoff, demote, or transfer an employee holding such position or employment without filing written charges and without the right of appeal.
The names of probationary and permanent employees laid off will be placed upon reemployment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities of those of the class of position from which layoff was made.
Names of persons laid off will be placed upon reemployment lists in order of their continuous cumulative time and will remain on such lists for a period of one year unless reemployed sooner.
(Ord. 1120 § 10, 1970; Ord. NS-793 §§ 5, 6, 7, 2006)
Any employee in the classified service will have the right to appeal to a hearing officer any disciplinary action or alleged violation of this chapter or the personnel rules, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules.
(Ord. 1179 § 1, 1975; Ord. NS-793 §§ 5, 15, 2006; Ord. NS-883 § 4, 2008)
Any person holding an office or employed in the city will conform to the pertinent provisions of state law.
(Ord. 1120 § 11, 1970; Ord. NS-793 §§ 5, 16, 2006)
This chapter does not prevent any officer or employee from:
A. 
Becoming or continuing to be a member of a political club or organization;
B. 
Attending a political meeting;
C. 
Enjoying entire freedom from all interference in casting his or her vote;
D. 
Seeking signatures to any initiative or referendum petition directly affecting his or her rates of pay, hours of work, retirement, or other working conditions;
E. 
Distributing badges, pamphlets, dodgers, or handbills, or other participation in any campaign in connection with such petition, provided such activities are not carried on during hours of work or when dressed in the uniform required in any department of the city government. The violation of this provision constitutes grounds for discharge.
(Ord. 1120 § 12, 1970; Ord. NS-793 § 18, 2006)
All employees and applicants for employment in the city will not be subject to discrimination or harassment on any basis protected by state or federal law.
(Ord. 1120 § 13, 1970; Ord. NS-793 §§ 5, 6, 19, 2006)
No officer, agent, or employee, under the government of the city, and no candidate for any city office will, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this chapter.
No officer or employee in the city service will, directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any purpose affecting his or her working conditions, from any person other than an officer or employee in the city service.
(Ord. 1120 § 14, 1970; Ord. NS-793 §§ 5, 7, 2006)
The City Manager will 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 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 revisions 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. 1120 § 15, 1970; Ord. NS-793 § 5, 2006)
The council will appropriate such funds as are necessary to carry out the provisions of this chapter.
(Ord. 1120 § 16, 1970; Ord. NS-793 § 5, 2006)