American Canyon Municipal Code Art. I General Provisions and Administration

This chapter outlines the personnel policies that govern employment with the city of American Canyon. It is designed to ensure consistent, fair, and uniform treatment of all city employees, and to attract, develop, motivate, and retain high-performing employees. These personnel policies provide city management with a foundation and policy for the management of human resources. Administrative human resources practices and procedures provide departments with specific procedural guidelines for carrying out personnel and other city policies. Departments may adopt additional practices and procedures with the approval of the city manager or designee.

This section implements the authority granted in Sections 45000 et seq., of the Government Code of the state of California, for the city council of the city of American Canyon to establish and enable a personnel system as the council determines for the best interests of the public service. The council shall approve all subsequent additions, amendments and revisions to the provisions contained in this chapter.The policies contained in this chapter supersede Resolution 95-07 and any and all previously issued city policies, procedures, rules, or instructions related to matters discussed herein.

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(A) City Manager Responsibility. Pursuant to Section 2.08.060 of this code, the city manager shall be responsible for the development, implementation and control, and modification of the human resource practices and procedures which implement and ensure compliance with the provisions and intent of this chapter. In the event any provision of this chapter requires clarification, the city manager may issue administrative instructions clarifying the intent of such provision as adopted by the council.

(B) City Human Resources Practices and Procedures. The city manager shall adopt, and as necessary, modify, the city human resources practices and procedures which incorporate the provisions of this chapter to provide direction to all city employees on human resource management.

(C) Delegation of Responsibility. The city manager may delegate some or all of the human resource responsibilities and duties authorized in this section.

(D) Amendments. Amendments to the personnel policies in this chapter shall be adopted by resolution of the council. Personnel practices and procedures shall be adopted by the city manager or designee. In either case, reasonable advanced written notice, at least thirty days, shall be given to each recognized employee organization affected by any ordinance, rules, resolution, or regulation, or amendment thereof, proposed to be adopted by the council or the city manager. This subsection is optional if not within the scope of representation. Upon request, the city manager or designee shall provide the opportunity to meet with any employee organization regarding amendments affecting wages, hours and other terms and conditions of employment, as specified in Chapter 2.52, Employer-Employee Relations, and as specified as being a matter within the scope of representation.

(E) Emergency Provisions. As provided in Section 3500 et seq., of the Government Code, in cases of emergency, when the city council or the city manager determines that amendment(s) to personnel rules or policies must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide such notice and opportunity to meet at the earliest practicable time following adoption by the city council or the city manager.

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(A) At-Will Employees. Employees covered by the exempt management recognition and compensation program resolution are employed at-will. At-will employees serve at the pleasure of the city. At-will employees have no defined or definitive employment duration, and employment may be terminated by either party with or without cause for any reason that is not prohibited by state or federal law, unless otherwise defined in a contract between the city and the at-will employee. At-will employees are not covered by this chapter to the extent that there is a conflict between this chapter and their at-will status. In the event of conflict between the individual employee employment contract or the exempt management recognition and compensation program resolution and the provisions of this chapter, the terms of the employment contract and/or the exempt management recognition and compensation program resolution shall take precedence for at-will employees.

(B) State and Federal Regulations. Nothing in this chapter shall be deemed to supersede applicable state or federal law or administrative regulations related to personnel matters.

(C) Employer-Employee Relations Agreements. Within the limitations of Chapter 2.52, if there is any conflict between this chapter and any memorandum of understanding or resolution authorizing pay, benefits, and other terms and conditions of employment between the city and a recognized employee organization, the provisions contained in such memorandum of understanding or resolution shall take precedence.

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It shall be the duty of all subordinate officers and the city attorney, city clerk, and city treasurer to comply with and assist the city manager in administering the provisions of this chapter and the human resources practices and procedures efficiently, consistently and harmoniously.

Ord. 2004-14, 2004