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:
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;
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)