Apple Valley Municipal Code Ch. 2.60 Personnel

The purpose of this Chapter is to establish a system for the employment of personnel for the Town of Apple Valley.

The Town Manager shall be the Personnel Officer within the scope of his or her powers and duties as defined in this Title. The Personnel Officer 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 Town or may recommend that such powers and duties be performed under contract. The Personnel Officer shall:

(a) Administer all the provisions of this Chapter and of the personnel rules not specifically reserved to the Town Council;

(b) Prepare and recommend to the Town Council personnel rules and revisions and amendments to such rules;

(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 Town Council.

(Ord. 224, 6-13-00)

The provisions of this Chapter shall apply to all offices, positions and employments in the service of the Town, except:

(a) Town Manager;

(b) Elective officer;

(c) Members of appointive boards;

(d) Persons engaged under contract to supply expert, professional, technical or any other services;

(e) Volunteer personnel, such as Police Reserves;

(f) Town Attorney;

(g) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as an extraordinary fire, flood, or earthquake which threatens life or property;

(h) Employees, other than those listed elsewhere in this Section, who are not regularly employed;

(i) Assistant Town Manager, the Town Clerk, Town Treasurer and Department Heads.

(i) Persons appointed or promoted to Assistant Town Manager, Town Clerk, Town Treasurer, and Department Head positions by the Town Manager on or after the effective date of the ordinance from which this subsection is derived shall serve at the will and pleasure of the Town Manager and may be terminated from Town employment by the Town Manager without proof of cause or other justification and without right of appeal or hearing.

(ii) Department Heads appointed or promoted to their Department Head positions prior to the effective date of the ordinance from which this subsection is derived shall have the right to be terminated only under the provisions of this Municipal Code as it existed at the time of their appointment or promotion to the position, unless they modify the terms of their employment pursuant to a contract as described below.

(iii) The Town Manager is empowered to negotiate and enter into contracts on behalf of the Town with Assistant Town Managers, the Town Clerk, Town Treasurer and Department Heads establishing terms and conditions of employment and the separation therefrom. Said employment contracts shall take precedence over and supersede any otherwise applicable ordinance, resolution, rule or regulation, previous or current including, but not limited to, this Section 2.60.030.

(iv) Nothing in this subsection shall be deemed to give the Town Manager the right to appoint or remove the Town Attorney.

(Ord. 448, 6-25-13)

(Ord. No. 495, § 2, 2-13-2018)

Personnel rules and regulations may be adopted by the Town Council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules.

Appointments to vacant positions shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness. Examinations may be used and conducted to aid in the selection of qualified employees and may consist of achievement and aptitude tests, written tests, personal interviews, 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 test designed to measure job related abilities may be given as part of any examination.

In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employment may be rejected at any time, whether with or without cause, without the right of appeal or hearing.

(Ord. 87, 7-9-91; Ord. 387, 9-23-08)

The Town Manager or the Town Manager's designee shall conduct a total compensation survey every odd numbered year of all positions within the Town of Apple Valley Employee Classification Plan to determine the estimated average total compensation as of July 1 of the second year for every two years in which comparisons are made for corresponding positions within public and private markets which most appropriately compare with the Town's positions. The compensation survey shall allow for comparisons to be determined by an independent salary/compensation consultant. The comparisons will be incorporated into the proposed annual budget every two fiscal years and considered for adoption by the Town Council. Total compensation includes, but is not limited to, salary, retirement, health, dental and vision insurance, educational incentives, longevity pay, shift differential, paid leave, and other skill or incentive pay. Any increase in total compensation resulting from this Section shall be implemented as part of the proposed fiscal year budget process. In determining compensation, it is the policy of the Town to consider total compensation for corresponding positions, including annual cost of living adjustments, as well as other factors including internal comparisons.

(Ord. 225, 7-11-00; Ord. 382, 5-27-08; Ord. 391, 12-9-08)