[1]
Prior ordinance history: Ord. 1059.
In order to establish a uniform procedure of dealing with personnel matters, to attract to municipal service the most qualified persons available, and to assure that appointments, promotions and other personnel actions will be based on merit and fitness and other factors related to the job and city service; the personnel system codified in this chapter is adopted.
(prior code § 2.56.010; Ord. 1067 § 1, 1999)
The city manager may delegate any of the powers and duties conferred herein 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.
(prior code § 2.56.030; Ord. 1067 § 1, 1999)
The personnel officer shall:
A. 
Administration of Chapter Rules. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
B. 
Appointments, Dismissals, Disciplines, Transfers. Appoint, discipline, dismiss and transfer all heads of departments, subordinate officers and employees, except the city attorney and the city treasurer;
C. 
Amendment of Rules. Prepare and recommend to the city council revisions and amendments to the personnel rules;
D. 
Examinations Notices, Applications-Eligible List. Publish or post notices of examinations for positions in the competitive service; receive applications therefor; administer and grade examinations; certify a list of persons eligible for appointment to an appropriate position in the competitive service;
E. 
Position Classification Plan. Prepare a position classification plan and subsequent revisions thereto, which plan and revisions shall become effective upon approval by the city council;
F. 
Compensation Plan. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service, which plan and revisions shall become effective upon approval by the city council;
G. 
Hearing. In accordance with the personnel rules, to hear and determine city appeals by eligible persons; and when requested by the city council to make recommendations on amendments to the personnel rules and on any matter of personnel administration, within the limits of a request of the city council;
H. 
Investigations. Conduct such investigations as deemed appropriate pertaining to any matter properly pending before him or her;
I. 
Witness. In any investigation or hearing, the personnel officer shall have the powers to call, examine and cross-examine witnesses under oath, call for production of evidence and compel attendance of witness of production of evidence by subpoenas issued in the name of the city and attested by the city clerk;
J. 
Service of Subpoenas-Effect. It shall be the duty of the chief of police to cause all such subpoenas to be served; and refusal of a person to attend or to testify in, answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council;
K. 
Oaths. The personnel officer shall have the power to administer oaths to witnesses; and
L. 
Hearings-Informal in Nature. Hearings of the personnel officer may be informal in nature. The formal judicial rules of evidence need not be applied.
(prior code § 2.56.040; Ord. 1067 § 1, 1999)
The positions in the city service which are not covered by this chapter include, without limitation, those listed below:
A. 
Elective Offices. Elected officers;
B. 
Board, Commission, Committee Members. Position on appointive boards, commissions and committees;
C. 
Persons on Stipend. Persons paid a stipend in lieu of wages to defray expenses during training;
D. 
Persons Employed Under Contract. Persons employed under contract to supply expert, professional or technical services;
E. 
Volunteers. Volunteer personnel who receive no regular compensation from the duty including, without limitation police and fire reserve;
F. 
Enumerated Positions. City manager, city attorney, city treasurer, city engineer;
G. 
City Council Appointed City Officers. All city council appointed city officers;
H. 
Emergency Employees. 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;
I. 
Part-Time Employees. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less that one thousand forty (1,040) hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules;
J. 
At-Will Employees. Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority and shall not accrue any vested rights in their position.
(prior code § 2.56.050; Ord. 1067 § 1, 1999)
Personnel rules shall be adopted and from time to time modified by resolution of the city council, establishing, without limitation, specific procedures and regulations governing the following aspects of the personnel system:
A. 
Appointments and Exempt Service. The system of exempt service and types of appointments;
B. 
Classification Plan. The preparation, installation, revision and administration of a position classification plan covering all positions in the competitive service;
C. 
Pay Plan. The preparation, installation, revision and administration of a plan of compensation corresponding to the position classification plan, providing a rate or range of pay for each class;
D. 
Examinations-Announcements-Applications. The public announcement of examinations and application for an acceptance of applications for employment and establishing of criteria related thereto;
E. 
Giving of Examinations-Eligible List. The preparation and administration of examinations and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
F. 
Certification-Appointments. The certification and appointment of persons from employment lists, and the making of temporary, emergency and provisional appointments;
G. 
Hours-Leave-Welfare. The establishment of hours of work, attendance and leave regulations, training programs, benefits, conduct guidelines and other conditions of work;
H. 
Evaluation of Employees Performance. The evaluation of employees during the probationary period and at periodic intervals; reinstatement, separations, or any other change of status of employees in the competitive service;
I. 
Change of Status. The transfer, promotion, demotion, reinstatement, separation or any other change of status of employees in the competitive service;
J. 
Disciplinary Actions. The discipline of employees;
K. 
Review of Personnel Decisions. A system or systems for submission to a review by the personnel officer, or other person or persons as may be designated by the personnel officer, of designated types of discipline and personnel decisions, for fact finding, recommendations, final decision or other designated purposes or effects.
(prior code § 2.56.060; Ord. 1067 § 1, 1999)
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments amid promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid 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 interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination.
In any examination the city manager or his or her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
The appointing authority of employees in the competitive service is the city manager. The city manager may delegate the appointing authority to any other officer or employee of the city.
(prior code § 2.56.070; Ord. 1067 § 1, 1999)
All regular appointments other than public safety employees, including promotional appointments, shall be for a probationary period of not less than six months. Public safety employees shall have a probationary period of one year. The appointing authority may extend such probationary period up to six additional months. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work the number of days absent shall be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure.
If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the personnel officer a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his or her employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of their termination shall be served on the terminated employee by the personnel officer after the expiration of the probationary period.
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 unless he or she is discharged from the city service as provided in the personnel rules. If no vacancy exists in such position, he or she shall be placed on a reemployment list as provided in the personnel rules.
(prior code § 2.56.080; Ord. 1067 § 1, 1999)
Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this section, shall have served continuously in such position, or some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his or her class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.
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.
(prior code § 2.56.090; Ord. 1067 § 1, 1999)
The city manager or any appointing authority shall have the authority to demote, discharge, reprimand, reduce in pay or suspend, any regular employee for cause in accordance with procedures included in the personnel rules.
All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter.
(prior code § 2.56.100; Ord. 1067 § 1, 1999)
The political activities of city employees shall conform to pertinent provisions of state law, any local provision, and the personnel rules adopted pursuant to state law.
(prior code § 2.56.120; Ord. 1067 § 1, 1999)
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 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 § 2.56.130; Ord. 1067 § 1, 1999)
A. 
Except as otherwise provided in this chapter, conviction (including pleas of guilty or 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 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.
(Prior code § 2.58.010)
An applicant who is disqualified for employment under this chapter may appeal such determination or disqualification. Such appeal shall be in writing and filed with the city manager within ten (10) days of the date of such notice of disqualification. The city manager shall hear and determine the appeal within sixty (60) days after it is filed. The determination of the city manager on the appeal shall be final.
(Prior code § 2.58.020)
Pursuant to Section 11105 of the Penal Code of the state, the following officers of the city are authorized to have access to and to utilize the state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this chapter:
A. 
City manager;
B. 
City attorney;
C. 
Personnel officer.
(Prior code § 2.58.040)