[11-10-2022 by Ord. No. 8423[1]]
The general purpose of this article is to establish a system
of personnel administration that meets the social, economic and program
needs of the people of the City. This system shall provide means to
recruit, select, develop and maintain an effective and responsive
workforce and shall include policies and procedures for employee hiring
and development, training and career development, job classification,
salary administration, fringe benefits, discipline discharge and other
related activities. All appointments and promotions in the City service,
including, but not limited to, those made by the Council and City
Administrator shall be made without regard to sex, race, religion
or political affiliation and shall be based on merit and fitness.
[1]
Editor's Note: Former Art. 161, Personal System and Board,
adopted 6-22-1972 by Ord. No. 6435, as amended, was repealed 11-10-2022
by Ord. No. 8422.
[11-10-2022 by Ord. No. 8423]
In accordance with the above-stated general purpose of this
article, it is hereby the declared personnel policy of the City that:
(a)
Employment in the City government shall be based on merit and fitness,
free of personal and political considerations.
(b)
Just and equitable incentives and conditions of employment shall
be established and maintained to promote efficiency and economy in
the operation of the City government.
(c)
Positions having similar duties and responsibilities shall be classified
and compensated on a uniform basis.
(d)
Appointments, promotions and other actions requiring the application
of the merit principle shall be based on systematic evaluation of
merit and fitness.
(e)
Tenure of employees covered by this article shall be subject to good
behavior, the satisfactory performance of work, necessity for the
performance of work, and the availability of funds.
[11-10-2022 by Ord. No. 8423]
(a)
The personnel programs established by this article shall be administered
under the direction of the City Administrator with the advice and
consent of Council. The City Administrator or a subordinate employee
knowledgeable in personnel administration appointed by the City Administrator
shall:
(1)
Direct all administrative and technical activities, administer
all provisions of this article and the personnel rules and perform
any other lawful acts which may be necessary or desirable to carry
out the purposes and provisions of this article.
(2)
Encourage and exercise leadership in the development of effective
personnel administration within the several departments of the City.
(3)
Attend all meetings of the Civil Service Commission.
(4)
Prepare and recommend revisions and amendments to the personnel
rules.
(5)
Advise Council on manpower utilization.
(6)
Foster and develop programs for the improvement of employee
effectiveness, including training, safety, health, counseling and
welfare.
(7)
Establish and maintain records of all employees in the government
service, in which there shall be set forth as to each employee the
class, title, pay or status, and other related data.
[11-10-2022 by Ord. No. 8423]
The City Administrator or his/her authorized agent shall be
responsible for certification of the payroll reports that the persons
named therein have been appointed and employed in accordance with
the provision of this law and the policies thereunder.
[11-10-2022 by Ord. No. 8423]
Council, upon recommendation of the City Administrator, may
contract with any qualified person or agency for the performance of
such technical services as may be desired in the establishment and
operation of the personnel system.
[11-10-2022 by Ord. No. 8423]
(a)
The City Administrator shall draft personnel rules and/or contract
with any qualified person or firm as may be necessary to carry out
the provisions of this article. These rules shall be submitted for
consideration and adoption by resolution of Council. The rules shall
have the force and effect of law. Amendments to the rules shall be
made in accordance with the above procedure.
(b)
Among other things, the personnel rules shall provide the following:
(1)
For the preparation, maintenance and revision of a position
classification plan for all positions, based upon similarity of duties
performed and responsibilities assumed, so that the same qualifications
may reasonably be required for and the same schedule of pay may be
equitably applied to all positions in the same class.
(2)
For the annual submission of a pay plan in conjunction with
the annual budget to Council.
(3)
For the recruitment of capable persons, the holding of fair,
open evaluations or competitive examinations to determine the relative
fitness of applicants for positions in the career service, and the
establishment of maintenance, consolidation and cancellation of eligible
lists of qualified applicants.
(4)
For the certification to the appropriate appointing authority
of the names of persons who have qualified to fill a vacancy.
(5)
For the establishment of promotional procedures which shall
give appropriate consideration to the applicant's qualifications,
record of performance and ability.
(6)
For the establishment of a period of probation upon appointment
or promotion prior to permanent appointment.
(7)
For emergency employment for not more than 120 days and for
provisional employment without open evaluation when there is no appropriate
eligible list available. No such provisional employment shall continue
longer than six months, nor shall successive provisional appointments
be allowed except during the first year after the effective date of
this article.
(8)
For the transfer of employees within the classification plan.
(9)
For the establishment of or the participation in job development
programs, including trainee programs, designed to attract and utilize
persons with minimal qualifications, but with potential for development,
in order to provide career development opportunities among members
of disadvantaged groups, handicapped persons and returning veterans.
(10)
For keeping records of performance of all employees, which performance
records shall be considered in determining salary increments or increases
for meritorious service; as a factor in promotions, as a factor in
determining the order of layoffs because of lack of funds or work
and in reinstatement, except where such procedures are regulated by
state statute or employee agreement and as a factor in demotions,
discharges and transfers.
(11)
For layoffs by reason of lack of funds or work, or abolition
of a position, or material change in duties or organization, and for
re-employment of employees so laid off.
(12)
For establishment of a plan for resolving employee grievances
and complaints.
(13)
For the establishment of disciplinary measures such as suspension,
demotion in rank or grade, or discharge. Such measures shall provide
for presentation of charges, hearing rights and appeals for all permanent
employees in the career service.
(14)
For establishing hours of work, holidays and attendance regulations
in various classes of positions in the career service.
(15)
For establishing and publicizing fringe benefits such as insurance
programs, retirement and leave policies.
(16)
For development and operation of programs to improve work effectiveness,
including training, safety, health, welfare, counseling, recreation
and employee relations.
(17)
For such other policies and rules not inconsistent with this
article as may be proper and necessary for its enforcement and the
systematic handling of the personnel affairs of the City.
[11-10-2022 by Ord. No. 8423]
(a)
The City Administrator shall make or have made an analysis of the
duties and responsibilities of all positions in the classified service
and he shall recommend to Council a job classification plan. Each
position in the classified service shall be assigned to a job class
on the basis of a kind and level of its duties and responsibilities,
to the end that all positions in the same class shall be sufficiently
alike to permit use of a single descriptive title, the same qualification
requirements, the same test of competence, and the same pay scale.
A job class may contain one position or more than one position.
(1)
Within 60 days after the recommendation and submission of the
initial classification plan to Council by the City Administrator,
Council shall approve a classification plan, and the City Administrator
shall thereafter allocate each position to its appropriate class.
(2)
The class to which each position is initially allocated following
adoption of the classification plan shall be assigned by the City
Administrator.
(b)
The initial classification plan shall be revised from time to time
as changing conditions require, upon recommendations of the City Administrator
and with the approval of Council. Such revisions may consist of the
addition, abolishment, consolidation, division or amendment of existing
classes.
(c)
No person shall be appointed to or employed in any position under
any class title which has not been approved in the annual budget adopted
as prescribed above.
(d)
No position in the competitive service shall be filled other than
on a temporary appointment basis of not more than 90 days by any person
who does not meet the qualification requirements for that position
as set forth in the class specifications which are a part of the position
classification plan.
[11-10-2022 by Ord. No. 8423]
(a)
Original appointments to vacancies occurring after this article becomes
effective shall be based on merit as determined by competitive examinations
and fair, open evaluations for all skilled positions in the organization.
(b)
Examinations and evaluations shall be in such form as will fairly
test the abilities and aptitudes of candidates for the duties to be
performed, and may not include any inquiry into the political or religious
affiliations or race of any candidate.
(c)
Candidates who qualify for employment shall be placed on an eligible
list for the appropriate job class in the rank order of the grades
they obtained on the examination or evaluation with seniority considerations.
(d)
Vacancies in positions above the entry level shall be filled as far
as practicable and in the best interest of the City as determined
by the City Administrator by promotion, and promotions shall be on
a competitive basis. Promotion examinations shall give appropriate
consideration to the applicant's qualifications, record of performance,
and seniority.
(e)
Open examinations for all positions above the entry level are authorized
except where prohibited by state statute.
[11-10-2022 by Ord. No. 8423]
(a)
Employees appointed from original appointment eligible lists or from
promotional eligible lists shall be subject to a period of probation
as set forth in the civil service rules and regulations and in accordance
with the existing collective bargaining unit.
(b)
The regular period of probation shall be six months, provided that
the personnel rules and labor agreements may specify a longer or shorter
period of probation for certain designated job classes, or for extension
of the probation period in individual cases. No probationary period
may extend beyond 12 months.
(c)
The work and conduct of probationary employees shall be subject to
close scrutiny and evaluation, and if found to be below standards
satisfactory to the appointing authority, the appointing authority
may remove or demote the probationer at any time during the probationary
period. Such removals or demotion shall not be subject to review or
appeal.
(d)
An employee shall be retained beyond the end of the probationary
period and granted permanent status only if the department director
affirms that the services of the employee have been found to be satisfactory
and recommends that the employee be given permanent status.
[11-10-2022 by Ord. No. 8423]
It shall be the policy of the City to encourage the improvement
of service by providing employees with opportunities for training,
which need not be limited to training for specific jobs but may include
training for advancement and for general fitness for public service.
[11-10-2022 by Ord. No. 8423]
(a)
The tenure of every employee shall be conditioned on good behavior
and the satisfactory performance of duties. Any employee may be temporarily
separated by layoff or suspension; or permanently separated by resignation
or dismissal.
(b)
Whenever there is lack of work or lack of funds that requires reductions
in the number of employees in a department or division of the City
government, the required reduction shall be made in such job class
or classes as the department head may designate, provided that employees
shall be laid off by lowest seniority, as determined by rules governing
the evaluation of service. Within each affected job class, all temporary
employees shall be laid off before probationary employees, and all
probationary employees shall be laid off before any permanent employee.
(c)
A permanent employee may be suspended or demoted whenever in the
judgment of the department director, the employee's work or misconduct
justifies disciplinary action short of dismissal subject to the civil
service rules and regulations and in accordance with the respective
collective bargaining.
(d)
An employee may resign by submitting a letter of resignation to his/her
immediate supervisor.
[11-10-2022 by Ord. No. 8423]
The City Administrator shall maintain or cause to be maintained
the examination record of every candidate and the employment record
of every employee.
[11-10-2022 by Ord. No. 8423]
(a)
No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification, promotion,
reduction, removal or appointment held or made under the provisions
of this article, or in any manner commit or attempt to commit fraud
preventing the impartial execution thereof or of the personnel rules
adopted pursuant to this article.
(b)
No person shall either directly or indirectly pay, render or give
any money, service or other valuable thing to any person for on account
of or in connection with any test, appointment, promotion, reduction
or removal in which he is concerned.
(c)
No officer or employee of the City shall knowingly defeat, deceive
or obstruct any person in his/her right to examination, eligibility,
certification or appointment under this article, or furnish to any
person any special or secret information for the purpose of affecting
the rights.
