Chapter 33 — PERSONNEL SYSTEM

CLASSIFIED AND UNCLASSIFIED SERVICE

The purpose of the personnel system created by this chapter, is to:

• (A) Establish an equitable and uniform procedure for attracting to the system the best and most competent persons available;

• (B) Assure that appointments and promotions of employees in the system will be based on merit and fitness as determined by competitive tests;

• (C) Provide a reasonable degree of security for employees in the system; and

• (D) Insure to the city a staff of loyal, qualified and competent employees.

('83 Code, § 2.56.010)

Statutory reference:

Personnel system, see Cal. Gov't Code §§ 45000 et seq.

The City Council shall adopt, by resolution, a classification plan prepared by the City Manager for all positions in the classified and unclassified service pursuant to §§ 33.02 through 33.07. All officers and employees of the city shall be included in one of the categories specified in §§ 33.02 through 33.07. ('83 Code, § 2.56.020)

The elective officers of the city shall be the following:

• (A) Mayor.

• (B) Each member of the City Council.

• (C) City Clerk.

• (D) City Treasurer.

('83 Code, § 2.56.030)

Except as otherwise expressly provided in this section, all full-time officers and employees of the city shall be deemed, for all purposes, to be included within the city's personnel system, and such persons shall be referred to as employees in the "classified service." All employment rights and duties of employees in the classified service shall be subject to the provisions of this chapter and of the personnel rules and regulations of the city. ('83 Code, § 2.56.040)

The persons now, or hereafter, holding any of the following positions shall be deemed to be included within the unclassified service of the city. Unclassified service employees shall not be subject to the provisions of this chapter

with reference to the city's personnel system; nor shall the unclassified service employees be subject to, or governed by, the provisions of the city's personnel rules and regulations. Appointments to, and dismissals from, positions in the unclassified service shall be governed, exclusively, by the provisions of §§ 33.02 through 33.07.

• (A) City Council appointees. Persons holding any of the positions enumerated in this division shall be "at-will" employees, appointed by, and serve at the pleasure of, the City Council:

• (1) Any person employed by the city as an independent contractor for the purpose of performing a specific function or service;

• (2) The Chief Executive Officer (sometimes referred to in this code as the City Manager);

• (3) The City Attorney;

• (4) Department heads;

• (5) Personnel/Risk Manager; or

• (6) Assistant Chief Executive Officer.

• (B) Department head and manager positions. The following positions constitute the department head and manager positions of the city:

• (1) Department head positions:

• (a) Chief of Police;

• (b) Director of Community Development;

• (c) Director of Finance;

• (d) Director of Public Works;

• (e) Director of Recreation and Community Services;

• (2) Manager positions:

• (a) Accounting Manager;

• (b) Assistant Chief of Police;

• (c) Assistant Public Works Director;

• (d) Chief Deputy City Clerk;

• (e) City Planner;

• (f) Housing Authority Manager;

• (g) Personnel/Risk Manager;

• (h) Redevelopment Manager.

• (C) Chief Executive Officer appointees. Persons holding any of the following positions shall be "at-will"

employees, appointed by, and serve at the pleasure of the Chief Executive Officer:

• (1) All part-time employees;

• (2) All temporary employees;

• (3) Any position which is funded, in whole or in part, by a state or federal grant; and

• (4) Manager positions other than Personnel/ Risk Manager.

• (‘83 Code, § 2.56.050) (Ord. 845, passed - - 82; Am. Ord. 1021, passed - - 89; Am. Ord. 1046, passed - - 91; Am. Ord.

1225, passed 2-18-04; Am. Ord. 1226, passed 3-3-04; Am. Ord. 1258, passed 2-2-05; Am. Ord. 1259, passed 6-15-05; Am. Ord. 1452, passed 4-15-20)

Salaries and fringe benefits for each position referred to in §§ 33.02 through 33.07 shall be established by the City Council.

('83 Code, § 2.56.060)

The City Council may, as recommended by the City Manager, create new positions in city employment. Any new full-time position shall be deemed to be in the classified service, unless the City Council otherwise directs. ('83 Code, § 2.56.070)

Personnel rules, as recommended by the City Manager, subject to the provisions of this chapter, shall be submitted for approval to the City Council (hereinafter referred to as "rules"). The rules shall establish specific procedures and regulations governing the phases of the personnel system. The rules may be amended from time to time, by the City Council, as may be required.

('83 Code, § 2.56.080)

Persons shall be appointed to, and removed from, positions in the classified service in the time and manner provided in the rules.

('83 Code, § 2.56.090)

Neither the City Council, nor any of its members, shall direct or request the appointment of any person to, or his removal from, office by the City Manager, or in any manner take part in the appointment or removal of officers and employees in the ser-vice of the city, except as specified in this chapter. Except for the purpose of inquiry, the Council and its members shall deal with city employees solely through the City Manager. ('83 Code, § 2.56.100)

CONDITIONS OF EMPLOYMENT

The City Council shall adopt, by resolution, a basic salary plan for all officers and employees of the city. The salary plan may, from time to time, be amended as required by the public interest. ('83 Code, § 2.56.170)

Holidays for all city officers and employees shall be those designated by resolution of the City Council. ('83 Code, § 2.56.180)

No person in employ of the city or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, religious belief, age, sex, or sexual orientation.

('83 Code, § 2.56.190) (Cal. Labor Code § 1102.1)

A contract is authorized between the city and the Board of Administration of the Public Employees Retirement System, providing retirement benefits for officers and employees of the city. (‘83 Code, § 2.56.200) (Am. Ord. 1392, passed 1-18-17)

Notwithstanding any other provisions of this chapter, or any other rule or regulation, the absence of any officer or employee from his position, caused by injury or disease for which he is entitled to compensation pursuant to Cal. Lab. Code §§ 3201 et seq., shall not constitute a break in the person's continuous service for the purpose of salary adjustments, sick leave, vacation leave or seniority rights. ('83 Code, § 2.56.210)

Any employee who suffers damage, without negligence on his part, to his personal property, while in the performance of his duties shall be reimbursed for the damage upon a determination by the City Manager that such damage occurred in the course of his employ, and that the amount claimed is reasonable. Upon approval of the item by the City Manager, a warrant in that amount, payable to the employee suffering the damage, shall be submitted to the City Council for approval at its next most convenient regular Council meeting. ('83 Code, § 2.56.220)

No person, other than elective officers, while in the employ of the city, in any capacity, shall engage in any political activity during the time as such person is on duty. No city employee shall engage in any political activity, at any time, while wearing a city uniform, or other distinctive part thereof. ('83 Code, § 2.56.230)

The City Council shall have authority to enter into contracts, with qualified persons, for the performance of any personnel function.

('83 Code, § 2.56.240)

The City Council shall, from time to time, appropriate such funds as it deems necessary to carry out the provisions of this chapter.

('83 Code, § 2.56.250)

REDUCTION IN WORK FORCE

The purpose of this subchapter is to establish an equitable and reasonable procedure for the lay-off of employees of the city for economy purposes.

('83 Code, § 2.56.110)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEMOTION. The demotion of an employee to a lesser position included within the same family of positions, occasioned by a reduction in force.

EMPLOYEE. Any full-time employee of the city.

FAMILY OF POSITIONS. A group of related positions which have been designated as such by resolution of the City Council, as recommended by the City Manager. As a part of such designation, each position in each family shall be ranked for the purpose of establishing a line of lesser positions for the purpose of the demotion process, where such is ordered to effect a reduction in force.

LENGTH OF SERVICE. The total number of years of an employee's employment by the city, including the time spent in a probationary, provisional or leave status by any such employee.

LESSER POSITION. A position having a lesser ranking than one or more other positions in a family of positions. NOTICE. Where notice is required pursuant to this subchapter, it shall be in written form, and given by personal service or by depositing the notice in the custody of the United States Postal Service, postage prepaid, addressed to the person to be notified at his last-known address. The notice shall be deemed, for all purposes, to have been given as of the time of personal service, or, as of the time of its deposit in the custody of the United States Postal Service. POSITION. A position of employment in the classified service, as defined in §§ 33.02 through 33.07. ('83 Code, § 2.56.120)

Whenever the City Council determines, in its discretion, that for reasons of economy, a reduction in the number of employees of the city is required, the City Manager shall proceed with such a reduction in force by demotion and/or termination in accordance with the provisions of this subchapter. ('83 Code, § 2.56.130)

(A) Family of positions. Where reduction in force involves a position that is included within a family of positions, each employee holding the position shall be ranked, based upon his length of service with the city. The employee holding the position having a lesser length of service shall be demoted to the next lower position within the family of positions. The City Manager shall give written notice of the demotion to each employee to be demoted. Such order of demotion shall be effective on the 30th day after the giving of the notice. If within ten days after the giving of the notice, an employee files with the City Manager a written statement declining the demotion, that employee's employment with the city shall be terminated effective on the 30th day after the giving of the notice. Any employee who is demoted pursuant hereto, shall not be subject to further demotion, by a subsequent reduction in force order, for a period of one year after the effective date of the order of demotion.

(B) Request for reassignment. An employee proposed to be demoted pursuant to division (A) of this section may request, subject to the approval of the City Manager, a reassignment to a lesser position in the family of positions.

(C) Positions not included within a family of positions. Where an ordered reduction in force involves a position which is not included within a family of positions, if only one employee holds the position, he shall be terminated from the city's employment, effective on the 30th day after the giving of notice of termination by the City Manager. If more than one employee holds such a position, all employees holding the position shall be ranked based upon their length of service with the city; an order of termination shall be given as to the employee or employees having the lesser lengths of service in the position.

(D) Salary determination. An employee affected by this section shall be placed in the salary range of the position and the step closest to the salary held in the former position but not in excess thereof. ('83 Code, § 2.56.140)

Where one or more employees have been demoted from a position within a family of positions, by reason of an ordered reduction in force, other employees holding the lesser positions in such family shall be subject to the same demotion process, upon direction of the City Manager in the time and manner as set forth in § 33.43. Where an employee holding a position, which is ranked last in a family of positions, is preempted the position by reason of the demotion process, he shall, upon the 30th day after the giving of notice thereof, be terminated from the city's service. ('83 Code, § 2.56.150)

An employee who is demoted to a lesser position, or who is terminated by reason of a reduction in force, accomplished pursuant to this subchapter, shall, automatically, have his name placed on a reemployment list for the position which he formerly held. The ranking of names upon the re-employment list shall be in accordance with the employee's length of service with the city in that position. The re-employment list shall have priority for a period of one year over any other eligibility list for the affected position. ('83 Code, § 2.56.160)