Note: Prior code history: prior code §§ 13A-1—13A-3 and 13A-5—13A-19.
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; and to provide a reasonable degree of security for qualified employees, the personnel system set out in this chapter is adopted.
(Ord. 1348 § 1, 2007)
The city manager shall 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 2.48.180. The personnel officer shall:
A. 
Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
B. 
Prepare and recommend to the city council personnel rules and revisions and amendments to such rules. The city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;
C. 
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 city council;
D. 
Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the city council;
E. 
Provide for the publishing or posting notices of test for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.
(Ord. 1348 § 1, 2007)
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city except:
A. 
The city manager;
B. 
Elective officers;
C. 
Members of appointive boards, commissions and committees;
D. 
All department heads: public works director, police chief, fire chief, community development director, finance director, city clerk, administrative services director, assistant city manager and parks and recreation director;
E. 
Persons engaged under contract to supply expert, professional, technical or other services, volunteer personnel, such as volunteer firefighters;
F. 
City attorney;
G. 
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;
H. 
Employees, other than those listed elsewhere in this section, who are employed less than half-time which is defined as employees who are expected to or do work less than one thousand forty hours in any one fiscal year.
(Ord. 1348 § 1, 2007)
Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted at least five days prior to city council consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including:
A. 
Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service;
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 acceptance of application 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 the making of provisional and emergency appointments;
F. 
Evaluation of employees during the probationary period;
G. 
Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
H. 
Separation of employees from the city service;
I. 
Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;
J. 
The establishment of adequate personnel records;
K. 
The establishment of grievance and appeal procedures.
(Ord. 1348 § 1, 2007)
A. 
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, evaluations of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a part of any examination.
B. 
In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
C. 
Minimum or maximum age limits for any competitive service under this chapter shall not be established and age shall not be a minimum qualification for any city employment in the classified service. Any person possessing all the minimum qualifications for the position is eligible to take any competitive service examination, regardless of age, personnel officers, or any appointing power shall not adopt any rule prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age.
D. 
Appointments shall be made by the city council, city manager, or by the officer in whom the power to make appointments is vested.
E. 
When appointment is to be made to a vacancy in the competitive services, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.
F. 
In the absence of appropriate employment lists, a provisional appointment may be made not to exceed six months by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules.
(Ord. 1348 § 1, 2007)
The period of time during which an employee is required to be absent from his or her position by reason of any injury or disease for which he or she is entitled to receive compensation under the provisions of Division 4 of the State Labor Code is not a break in his or her continuous service for the purpose of his or her right to salary adjustments, sick leave, vacation or seniority.
(Ord. 1348 § 1, 2007)
A. 
All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected, with or without cause, at any time without the right of appeal or hearing.
B. 
An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted if there is a vacancy unless he or she is discharged from the city service as provided in this chapter and the rules.
C. 
An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he or she was promoted or transferred if action is taken to reject him/her, and if there is a vacancy, unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.
(Ord. 1348 § 1, 2007; Amended during 2009 republication)
Any other persons holding positions in the competitive service shall 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 shall be computed from the date of appointment or employment.
(Ord. 1348 § 1, 2007)
A. 
Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay any permanent employee. Notice of such action must be in writing and served on such employee, such notice shall specify the penalty and contain a statement of the reason or reasons therefor.
B. 
The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.
(Ord. 1348 § 1, 2007)
A. 
Any employee in the competitive service shall have the right to appeal to the city manager or their designee, any disciplinary action, interpretation or alleged violation of this chapter or the rules adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.
B. 
All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter.
(Ord. 1348 § 1, 2007)
A. 
Whenever in the judgment of the city manager or city council it becomes necessary, the city council may abolish any position or employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions, shall not be subject to written charges nor shall they have the right of appeal in such cases.
B. 
Seniority shall be observed in effecting such reduction in personnel and the order of lay-off shall be in the reverse order of total cumulative time served in permanent and probationary status in the competitive service upon the effective date of the lay-off. Lay-off shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee.
C. 
For the purpose of determining order of lay-off, total cumulative time shall include time served on military leave of absence.
D. 
The names of probationary and permanent employees laid off shall 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 positions from which lay-off was made.
E. 
Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served in probationary and permanent status, and shall remain on such lists for a period of two years unless reemployed sooner.
(Ord. 1348 § 1, 2007)
The political activities of city employees shall conform to pertinent provisions of state law.
(Ord. 1348 § 1, 2007)
A. 
Except as otherwise provided in this section, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the city; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appointing authority shall consider the following factors:
1. 
The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;
2. 
The nature and seriousness of the offense;
3. 
The circumstances surrounding the conviction;
4. 
The length of the time elapsed since the conviction;
5. 
The age of the person at the time of the conviction;
6. 
The presence or absence of rehabilitation or efforts at rehabilitation;
7. 
Contributing social or environmental conditions.
B. 
The appointing authority shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.
C. 
An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with personnel officer within ten days of the date of the notice of disqualification. The determination of the personnel officer shall be final.
D. 
Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony.
E. 
Pursuant to Section 11105 of the Penal Code of the state of California, the following officers of the city are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section: city manager, assistant city manager, administrative services director, human resources manager, city attorney and police chief.
(Ord. 1348 § 1, 2007)
The city is committed to the goal of equal employment opportunities. It is the policy of the city to ensure that the application of these rules and the recruitment, employment, training, advancement, layoff, salary level, termination, and all other personnel actions for all positions, classes and individual employees are made on the basis of qualifications and performance without regard to race, religion, creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation, or any other basis prohibited by federal or state law.
(Ord. 1348 § 1, 2007; Amended during 2009 republication)
No officer or employee of the city shall, directly or indirectly, solicit any assessment, subscription or contribution; whether voluntary or involuntary, for any municipal political purpose whatever, from anyone on the eligible lists or holding any position in the classified service.
(Ord. 1348 § 1, 2007)
The city manager shall 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 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. 1348 § 1, 2007)
Violation of any provision of this chapter shall be grounds for reprimand, suspension, demotion or dismissal.
(Ord. 1348 § 1, 2007)