Avenal Municipal Code Ch. 4 Officers and Employees

Sections:

• Article 1. - City Manager

• Article 2. - Personnel System

• Article 3. - Training Law Enforcement Officers

• Article 4. - Retirement

• Article 1. City Manager

• 2-4.101 Office established.

• 2-4.102 Appointment.

• 2-4.103 Term of office—Contract of employment.

• 2-4.104 Residence.

• 2-4.105 Absences or disability—Acting City Manager.

• 2-4.106 Compensation—Expenses.

• 2-4.107 Automobile allowance.

• 2-4.108 Powers and duties.

• 2-4.109 Relationship with the Council.

• 2-4.110 Attendance at commission, board, and committee meetings.

• 2-4.111 Vacation and sick leave.

• 2-4.112 Political activities.

• Title 2 ADMINISTRATION

• Avenal, California, Code of Ordinances

• Page 9 2-4.101 Office established. The office of the City Manager of the City is hereby created and established. (Ord. 80-9) 2-4.102 Appointment. The City Manager shall be appointed by the Council on the basis of his administrative and executive qualifications, ability, and technical training and shall hold office for and during the pleasure of theCouncil. (Ord. 80-9) 2-4.103 Term of office—Contract of employment. Unless the Council determines to enter into a contract of employment with the City Manager, as set forth in this section, the Council shall appoint the City Manager for an indefinite term and may remove him by a majority vote of the Council. The Council, in removing the City Manager, shall use its uncontrolled and unqualified discretion, and its action shall be final. The Council may, at its option, enter into a contract of employment with the City Manager upon such terms as may be mutually agreed upon. (Ord. 80-9) 2-4.104 Residence. Residence in the City at the time of the appointment of the City Manager shall not be required as a condition of the appointment. However, within ninety (90) days thereafter, the City Manager shall become a resident of the City, or the Council shall declare the office of the City Manager to be vacant. (Ord. 80-9) 2-4.105 Absences or disability—Acting City Manager. In the case of the absence or disability of the City Manager for a period exceeding two (2) weeks, the Council may designate some duly qualified person to perform the duties of the office during the period of the absence or disability of the City Manager. A department head or other City employee may be appointed Acting City Manager. (Ord. 80-9) 2-4.106 Compensation—Expenses. The City Manager shall receive such compensation as the Council shall from time to time determine. Such compensation shall be fixed by resolution and shall be a proper charge against such funds of the City as the Council shall designate. In addition, the City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under the

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 10 direction of the Council. Reimbursement shall only be made when a claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the Council for approval and has been so approved. (Ord. 80-9) 2-4.107 Automobile allowance. The City Manager shall be paid an automobile allowance for City business or, in the discretion of the Council, shall be furnished with the use of a City-owned automobile. (Ord. 80-9) 2-4.108 Powers and duties. The City Manager shall be the administrative head of the City government under the direction and control of the Council except as otherwise provided in this article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon; he shall have the following powers and duties: (a) Law enforcement. To ascertain that the laws of the State pertaining to the City and all laws, ordinances, and policies of the City are duly enforced and that all franchises, permits, and privileges granted by the City are faithfully observed; (b) Direction of officers and employees. To control, order, and give directions to all heads of departments, subordinate officers, and employees of the City, except the City Clerk, City Treasurer, and the City Attorney; to transfer employees from one department to another; to consolidate or combine offices, positions, departments, or units under his direction; and to exercise control over and supervise, in general, all departments and divisions of the City and all appointive officers and employees thereof. Further, any actions taken by the City Manager shall be consistent with the Personnel Rules of the City; (c) Recommendation of appointment of officers and employees. To recommend to the Council the appointment of all officers and employees over whom he has jurisdiction. Such recommendations shall be made subject to the applicable Personnel Rules and shall be made from eligibility lists when available. The City Manager may, subject to the applicable Personnel Rules take action to remove, suspend, demote, and promote such officers and employees over whom the City Manager has jurisdiction; (d) Reorganization of offices, positions, and departments. To study and recommend to the Council such reorganization of offices, positions, departments, or units under his direction as may be indicated in the interest of the efficient, effective, and economical conduct of the City's business; (e) Recommendation of adoption of laws. To recommend to the Council for adoption such measures and ordinances as he deems necessary or expedient; (f) Attendance at Council meetings. To attend all meetings of the Council, unless excused therefrom by the Council, except when his removal is under consideration; (g) Preparation of financial reports. To keep the Council at all times fully advised as to the financial conditions and needs of the City, including the current and anticipated expenses,appropriations, cash on hand, and anticipated revenue of all municipal funds and accounts; (h) Preparation of budgets and salary plans. To prepare and submit to the Council the annual budget and to administer the budget after its adoption and to annually recommend to the Council, a salary plan; (i) Expenditure control and purchasing. To purchase or cause to be purchased all supplies for the departments of the City. No expenditures shall be submitted or recommended to the Council

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 11 except by the report or approval of the City Manager. However, no purchase shall be made or obligation incurred by the City Manager except upon authorization by the Council. The Council shall, by appropriate resolution, fix and determine the maximum amount which the City Manager may spend or for which he may obligate the City to pay for designated services, supplies, or equipment, within which limits the City Manager shall not need or require prior approval or authorization. A report on all such expenditures shall be made to the Council; (j) Investigations. To make investigations into the affairs of the City, and any department thereof, and any contract or the proper performance of any obligations of the City; (k) Supervision of public property. To exercise general supervision over all public buildings, parks, streets, and other public property which are under the control and jurisdiction of the Council, including all utility systems and properties; (l) Investigations and recommendations of government and overseeing franchises, permits, and licenses. To investigate all complaints and recommendations in relation to matters concerning the administration of the City government and concerning the service maintained by public utilities in the City and to ascertain that all franchises, permits, and licenses granted by the City are faithfully performed and observed; (m) Devotion of time to his duties. To devote his entire time to the duties and interests of the City, and he shall not engage in any other private occupation or employment for gain or profit; (n) Preparation of reports and recommendations requested by Council. To make reports and recommendations as may be desirable or as requested by the Council; (o) Provide leadership. To provide leadership for civil movements designed to benefit the residents of the City when so authorized by the Council; and (p) Performance of additional duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution, or other action of the Council, including the duty of acting as City Engineer if he is so qualified; provided, however, the Council shall not assign to the City Manager any duties the nature of which would operate to give the City Manager any civil service status. (Ord. 80-9) 2-4.109 Relationship with the Council. The Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry, and neither the Council nor any of its members shall give orders directly to any subordinate of the City Manager. The City Manager shall take his orders and instructions from the Council only upon official action taken in a duly held meeting of the Council, and no individual Councilman shall give any orders or instructions to the City Manager, except as the Council shall have officially instructed such Councilman to do so. (Ord. 80-9) 2-4.110 Attendance at commission, board, and committee meetings. The City Manager may attend any and all meetings of the Planning Commission, boards, or committees, existing now or hereafter created by the Council, upon his own volition or upon the direction of the Council, at which meetings he shall be heard by such commissions, boards, or committees as to all matters upon which he may wish to address the members thereof, and he shall inform such members as to the status of any matter being considered by the Council, and he shall cooperate to the fullest extent with the members of all such commissions, boards, or committees appointed by the Council. (Ord. 80-9)

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 12 2-4.111 Vacation and sick leave. The City Manager shall be entitled to those privileges with respect to vacations and sick leave as the Council may from time to time determine. (Ord. 80-9) 2-4.112 Political activities. The rules and regulations prohibiting political activities by City employees, as set forth in Article 3 of this chapter, shall apply with equal force and effect to the City Manager. (Ord. 80-9) Article 2. Personnel System 2-4.201 Adoption of personnel system. 2-4.202 Definitions. 2-4.203 Administration. 2-4.204 Competitive service. 2-4.205 Adoption and amendment of rules. 2-4.206 Appointments. 2-4.207 Probationary period. 2-4.208 Status of present employees. 2-4.209 Demotion—Dismissal—Reduction in pay—Suspension—Reprimand. 2-4.210 Right of appeal. 2-4.211 Lay-off and re-employment. 2-4.212 Political activity. 2-4.213 Contracts for special services. 2-4.201 Adoption of personnel system. In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following Personnel System is adopted. (Ord. 89-02 § 1, 1989) 2-4.202 Definitions. The terms used to administer the personnel system shall be defined in the personnel rules. (Ord. 89-02 § 2, 1989)

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 13 2-4.203 Administration. The City Manager shall administer the city personnel system and may delegate any of the powers and duties to a Personnel Director or may delegate the appointing authority granted by the City Council to any other officer of the City or may recommend that such powers and duties be performed under contract as provided in Section 2-4.213. The City Manager shall: (a) Act as the appointing authority for the City. (b) Administer all the provisions of this article and of the personnel rules not specifically reserved to the City Council. (c) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. (d) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. (e) Have the authority to discipline employees in accordance with this article and the personnel rules of the City. (f) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. (Ord. 89-02 § 3, 1989) 2-4.204 Competitive service. The provisions of this article shall apply to all offices, positions and employments in the service of the City, except: (a) Elective officers. (b) The City Manager and any assistant to the City Manager. (c) The City Attorney and any assistant to the City Attorney. (d) Members of appointive boards, commissions, and committees. (e) All department heads. (f) Persons engaged under contract to supply expert, professional, technical or any other service. (g) Volunteer personnel, such as volunteer firemen. (h) All Council-appointed City officers. (i) 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. (j) 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 either a full-time employee regularly scheduled to work no less than two thousand eighty (2,080) regular hours per year or a permanent part-time employee who is regularly scheduled to work no less than one thousand forty (1,040) regular hours per year, and who has successfully completed the initial probationary period and has been retained as provided in this article and the personnel rules. (k) Except as otherwise provided herein, employees not included in the competitive service under this section shall serve at the pleasure of the appointing authority. Those positions and employments in the service of the City referred to in subsections (e), (g), (i) and (j) of this section shall serve at the pleasure of the City Manager. The City Manager or any appointment

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 14 power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend any such employee. (Ord. 91-03 (part), 1991: Ord. 89-02 § 4, 1989) 2-4.205 Adoption and amendment of rules. Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including: (a) Preparation, installation, revision and maintenance of position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class. (b) Appropriate announcement of the selection process and acceptance of application for employment. (c) Preparation and conduct of tests and the establishment and use of resulting employment lists concerning names of persons eligible for appointment. (d) Certification and appointment of persons from employment lists, and the making of provisional appointments. (e) Establishment of probationary testing periods. (f) Evaluation of employees during the probationary testing period and thereafter. (g) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service. (h) Separation of employees from the City service. (i) The establishment of any necessary appeal procedures. (Ord. 89-02 § 5, 1989) 2-4.206 Appointments. Appointments to vacant position in the competitive service shall be made in accordance with the personnel rules. Appointments and promotion 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 ability test, evaluation of daily work performance, work samples or any combination 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/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 of the City. (Ord. 89-02 § 6, 1989) 2-4.207 Probationary period. All original and promotional appointments shall be tentative and subject to a probationary period to be determined by the Personnel Director for each class. All full-time positions shall be subject to a probationary period of not less than one thousand forty (1,040) regular hours of work. All permanent part-

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 15 time positions shall be subject to a probationary period of not less than five hundred twenty (520) regular hours of work. The appointing authority may extend such probationary period by an additional one thousand forty (1,040) regular hours for full-time appointments and an additional five hundred twenty (520) regular hours for permanent part-time positions. The calculation of hours for purpose of this section includes only regular hours as distinguished from overtime hours of work. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievanceprocedure. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Director a written statement to such effect and state that the retention of such employee in the service is desired. If such statement is not filed, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of termination shall be served on the terminated employee by the Personnel Director after the expiration of the selection period. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the City service as provided in the personnel rules. If no vacancy exists in such position, he shall be placed on a re-employment list as provided in the personnel rules. (Ord. 89-02 § 7, 1989) 2-4.208 Status of present employees. Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this article, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his 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 article and 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. (Ord. 89-02 § 8, 1989) 2-4.209 Demotion—Dismissal—Reduction in pay—Suspension—Reprimand. The City Manager or any appointment power 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. The City Manager or any appointment power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any department head, volunteer personnel, emergency employee or employee who is not regularly employed in a permanent position as provided in Section 2-4.204(k) of this article. (Ord. 91-03 (part), 1991: Ord. 89-02 § 9, 1989) 2-4.210 Right of appeal. Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this article or the rules adopted thereunder. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this article.

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 16 (Ord. 89-02 § 10, 1989) 2-4.211 Lay-off and re-employment. Lay-off and re-employment actions shall follow the process outlined in the personnel rules. (Ord. 89-02 § 11, 1989) 2-4.212 Political activity. The political activities of the City employees shall conform to pertinent provisions of State law and any local provisions adopted pursuant to State law. (Ord. 89-02 § 12, 1989) 2-4.213 Contracts for special services. 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 article. (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. (Ord. 89-02 § 13, 1989) Article 3. Training Law Enforcement Officers [1] 2-4.301 Declaration of qualification. 2-4.302 Declaration of adherence to standards. 2-4.301 Declaration of qualification. The Council hereby declares that it desires to qualify to receive aid from the State pursuant to the provisions of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State. 2-4.302 Declaration of adherence to standards. Pursuant to the provisions of Section 13522 of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State, the City, while receiving aid from the State pursuant to said Chapter 1, shall adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

Title 2 ADMINISTRATION Avenal, California, Code of Ordinances Page 17 FOOTNOTE(S): --- (1) --- Cross reference— Police Department, § 4-11.01 et seq. (Back) Article 4. Retirement 2-4.401 All employees. 2-4.401 All employees. (a) Contract. A contract between the Council and The Board of Administration of the California Public Employees' Retirement System is hereby authorized. (b) Contract: Execution. The Mayor is hereby authorized, empowered, and directed to execute such contract for and on behalf of the City.