Chapter 1.05 — PERSONNEL SYSTEM

Sections:

1.05.010 Adoption of personnel system.

1.05.015 Human Resources Department and Human Resources Director—Titles amended.

1.05.020 Administration of personnel system.

1.05.030 Scope.

1.05.040 Adoption of rules.

1.05.050 Appointments.

1.05.060 Tenure of employees.

1.05.070 (Repealed by 5590, 2/25/97)

1.05.075 Political activities of employees.

1.05.080 Discrimination.

1.05.090 Solicitation of contributions.

1.05.100 Access to criminal history information

1.05.110 Appropriation of funds.

1.05.120 Severability.

• See Charter § 1000.

In order to formalize 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 following personnel system is hereby adopted. (Ord. 1922 § 1 (part); October 29, 1963.)

AMENDED.

Any reference in the Anaheim Municipal Code or the ordinances of the City of Anaheim to Personnel Department and Personnel Director used to describe the Department and Director is hereby amended to "Human Resources Department" and "Human Resources Director." (Ord. 3974 § 2 (part); February 13, 1979.)

.010 The personnel system established by this chapter shall be administered by a Human Resources Director appointed in accordance with Anaheim City Charter Section 604 (a). The Human Resources Director, under the direction of the City Manager, shall:

.0101 Administer all the provisions of this chapter and of the personnel rules.

.0102 Prepare and recommend revisions and amendments to the personnel rules. Such revisions and amendments shall be submitted to the City Council for adoption.

.0103 Maintain and administer a position classification plan and a plan of compensation. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis.

.020 The City Council, upon recommendation of the Human Resources Director and the City Manager, may contract with any qualified person or agency for the performance of such technical services as may be necessary for the effective operation of the personnel system. (Ord. 3974 § 2 (part); February 13, 1979: Ord. 6548 § 1; December 6, 2022.)

.010 All officers and positions of the City are divided into the classified service and the exempt service. The exempt service shall include the following:

.0101 All elected officials.

.0102 The City Manager, the Assistant City Manager, the Deputy City Manager, the City Attorney, the City Clerk and City Treasurer.

.0103 Persons appointed to serve without pay including but not limited to appointed members of boards and commissions.

.0104 Such positions involving seasonal or part-time employment as may be specifically placed in the exempt service by the Human Resources Director.

.0105 Staff positions directly appointed by elected officials into classifications including Chief Policy Advisor to the Mayor, Senior Policy Aide, City Council Aide II and City Council Aide I.

.0106 Executive Managers appointed by the City Manager pursuant to an agreement that specifies that their employment is at will.

.0107 Administrative Intern II, Administrative Intern I and Ambulance Operator and Part-time Ambulance Operator.

.0108 Such other positions as the Human Resources Director shall designate, by resolution.

.020 The classified service shall include all other positions that are not specifically placed in the exempt service by this chapter or by action by the Human Resources Director, by resolution duly adopted by the City Council or pursuant to 1.05.0104.

.030 The provisions of this chapter and of the personnel rules shall apply only to the classified service unless otherwise specifically provided. (Ord. 3974 § 2 (part); February 13, 1979: Ord. 5702 § 1; September 21, 1999: Ord. 6346 § 1; November 3, 2015: Ord. 6503 § 1; January 26, 2021: Ord. 6548 § 2; December 6, 2022: Ord. 6605 § 1; April 22, 2025.)

Personnel rules, prepared by the Human Resources Director (under the direction of the City Manager) subject to this chapter and to revision by the City Council, shall be adopted and may be amended, from time to time, by resolution of the City Council.

The rules shall establish specific procedures and regulations governing the operation of the personnel system. (Ord. 2974 § 2 (part); February 13, 1979.)

Appointments to vacant positions in the classified service shall be made in accordance with all applicable personnel rules and City Council adopted collective bargaining agreements. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques which will, in the opinion of the Human Resources Director, test fairly the qualifications of candidates. (Ord. 3974 § 2 (part); February 13, 1979: Ord. 6548 § 3; December 6, 2022.)

Tenure of employees in the classified service shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. (Ord. 1922 § 1 (part); October 29, 1963.)

1.05.070 (Repealed by 5590, 2/25/97)

.010 No employee of the City of Anaheim shall participate in any political activities, including, withoutlimitation, distribution of pamphlets, handbills or badges, (i) during such employee's working hours, or (ii) while on any property owned, operated or controlled by the City of Anaheim; provided, however, nothing contained herein shall prohibit any City employee from participating in any political activities during non-working hours and as a member of the public, to the same extent as, and in the same public areas and forums where other members of the public are permitted to engage in such activities.

.020 Nothing in this section shall be construed to regulate any of the political activities of public employees regulated by California Government Code Section 3201 et seq. (Ord. 5590 § 2; February 25, 1997.)

There shall be no discrimination on any basis prohibited by law.(Ord. 1922 § 1 (part); October 29, 1963: Ord. 3316 § 1; July 16, 1974: Ord. 3524 § 1; April 20, 1976; Ord. 5774 § 37; July 24, 2001.)

No officer, agent, clerk, or employee, under the government of the City, and no candidate for any City office shall, 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. (Ord. 1922 § 1 (part); October 29, 1963.)

Pursuant to Sections 11105(b)(10) and 13300(b)(10) of the California Penal Code or any successor provisions of law, the city personnel, other than peace officers, occupying the following positions are authorized to have access to and to use state and local criminal history information to assist in fulfilling any employment, licensing or certification duty as may be required to implement any statute, regulation or ordinance referring to such criminal conduct of the subject person: City Manager, Assistant City Manager, Deputy City Manager, City Attorney, Chief Assistant City Attorney, Assistant City Attorney and Deputy City Attorney, Director of Human Resources designees within the Human Resources Department, and the subject employee's immediate hiring authority as defined in City of Anaheim Administrative Regulation 225 or any successor thereto. (Ord. 5793 § 1; January 8, 2002: Ord. 6548 § 4; December 6, 2022.)

The City Council shall appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord. 1922 § 1 (part); October 29, 1963.)

If any section, subsection, subdivision, sentence, clause, or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. (Ord. 1922 § 1 (part); October 29, 1963.)