Barstow Municipal Code Ch. 2.48 Personnel System

Footnotes:

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State Law reference— Authority of a city to establish a personnel system, merit system, or civil service system, Government Code § 45000 et seq.

As used in this chapter, the following terms shall be defined as indicated:

Acting appointment means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

Appointing power means the officers of the city who, in their individual capacities, or as a board, commission, or city council, have the final authority to make the appointment to the position to be filled.

At-will employee means an employee employed at the will of the appointing authority and who may be disciplined or removed at any time without cause or right of appeal. "At-will employees" include the city manager and the city attorney.

Casual employee means those individuals filling intermittent relief needs on a scheduled or unscheduled basis, subject to their own availability.

Class means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.

City service means all positions of employment in the service of the city except those specifically excluded by this chapter.

Days means calendar days unless otherwise stated.

Demotion means the movement of an employee from one class to another class having a lower maximum rate of pay.

Examination means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

Employment list means a list of names of persons who may be considered for employment with the city under specified conditions.

Lay-off means the separation of employees from the active workforce due to lack of work or funds, or to the abolition of positions by the city council for the above reasons or due to organizational changes.

Position means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

Probationary period means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by the actual performance of the duties of the position.

Promotion means the movement of an employee from one class to another class having a higher maximum rate of pay.

Reinstatement means the reemployment without examination of a former regular employee or probationary employee.

Suspension means the temporary separation from the service of an employee without pay, for disciplinary purposes.

Transfer means a change of an employee from one position to another position in the same class or in a comparable class.

(Code 1969, § 2.48.010; Ord. No. 350, § 1(part), 1971; Ord. No. 496, § 3, 1982; Ord. No. 884-2011, § 2(2.48.010), 8-1-2011; Ord. No. 1019-2023, § 1, 6-5-2023)

The city manager shall be the personnel officer within the scope of his powers and duties as defined in this title. The personnel officer may delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in section 2.48.140. The personnel officer shall:

(1) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council.

(2) Prepare and recommend to the city council personnel rules and revisions and amendments to such rules.

(3) 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 city council.

(4) Provide for the publishing or posting of notices for vacant positions, the receiving of applications therefor, the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(Code 1969, § 2.48.020; Ord. No. 350, § 1(part), 1971; Ord. No. 371, § 5, 1972; Ord. No. 427, § 4, 1977; Ord. No. 496, § 4, 1982)

State Law reference— Authority of legislative body of city to appoint personnel officer and delegate powers and duties in relation to system, Government Code § 45004.

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

(1) The city manager;

(2) Elective officers;

(3) Members of appointive boards;

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

(5) Volunteer personnel, such as police reserves;

(6) City attorney;

(7) 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;

(8) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions.

(Code 1969, § 2.48.030; Ord. No. 350, § 1(part), 1971; Ord. No. 496, § 5, 1982; Ord. No. 884-2011, § 2(2.48.030), 8-1-2011; Ord. No. 1019-2023, § 1, 6-5-2023)

Personnel rules and regulations shall be adopted by the city council after notice of such action has been furnished to each employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the city council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system, including:

(1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions, including employment standards and qualifications for each class.

(2) Public announcement of all tests and acceptance of applications for employment.

(3) Preparation, establishment and use of employment lists containing names of persons eligible for appointment.

(4) Certification and appointment of persons from employment lists, and the making of provisional appointments.

(5) Establishment of probationary periods.

(6) Evaluation of employees during the probationary period.

(7) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees.

(8) Separation of employees from the city service.

(9) The establishment of adequate personnel records.

(10) The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.

(Code 1969, § 2.48.040; Ord. No. 350, § 1(part), 1971)

(a) 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 interview, 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 and medical tests may be given as a part of any examination.

(b) In any examination the personnel officer may include, in addition to competitive tests, qualifying tests, and set minimum standards therefor.

(c) When appointment is to be made to a vacancy, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list.

(Code 1969, § 2.48.050; Ord. No. 350, § 1(part), 1971)

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 without the right of appeal or hearing.

(Code 1969, § 2.48.060; Ord. No. 350, § 1(part), 1971)

(a) Any person holding a position included in the service who, on August 14, 1971, shall have served continuously in such position, or in some other position in the service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the service in the position held on August 14, 1971, without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

(b) Any other person holding positions in the 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.

(Code 1969, § 2.48.070; Ord. No. 350, § 1(part), 1971)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, unless otherwise specified.

(Code 1969, § 2.48.080; Ord. No. 350, § 1(part), 1971)

(a) Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for 30 calendar days any regular employee. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reasons therefor.

(b) The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.

(Code 1969, § 2.48.090; Ord. No. 350, § 1(part), 1971)

(a) Any employee in the service shall have the right to appeal to the city council any disciplinary action, or alleged violation of this chapter adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.

(b) All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Code 1969, § 2.48.100; Ord. No. 350, § 1(part), 1971)

(a) Whenever, in the judgment of the city manager, it becomes necessary, either in the interest of economy, or because the necessity for a position no longer exists, the employee holding such position may be laid off without disciplinary action being taken and without the right of appeal.

(b) Whenever, in the judgment of the city council, it becomes necessary, either in the interest of economy, or because the necessity for a position no longer exists, any position may be abolished in the service; and the employee holding such position may be laid off, without disciplinary action being taken, and without the right of appeal.

(c) The order of layoff of employees shall be established by the personnel officer on the recommendation of the division or department head involved. The division or department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list; provided, however, that no regular or probationary employee shall be laid off from his position in any department while any emergency, temporary, casual or acting employee is serving in the same class in that department.

(d) The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon reemployment lists for six months for those classes requiring basically the same qualifications, duties and responsibilities of the class from which layoff or demotion in lieu of layoff was made.

(e) Persons whose names are placed on reemployment lists in accordance with this section, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave.

(Code 1969, § 2.48.110; Ord. No. 350, § 1(part), 1971; Ord. No. 496, § 6, 1982)

The political activities of city employees shall conform to pertinent provisions of state law.

(Code 1969, § 2.48.120; Ord. No. 350, § 1(part), 1971)

State Law reference— Political activities of public employees generally, Government Code § 3201 et seq.

No person in the service, or seeking admission thereto, shall be employed, promoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, ancestry, age, national origin, religious creed, sex, marital status or handicap, medical condition, genetic information, sexual orientation, gender identity, gender expression, or because of the exercise of his rights under Government Code § 3502 and Government Code §§ 45050 through 45054.

(Code 1969, § 2.48.130; Ord. No. 350, § 1(part), 1971; Ord. No. 641, § 1, 1990)

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 chapter:

(1) The preparation of personnel rules and subsequent revisions and amendments thereof.

(2) The preparation of a position classification plan, and subsequent revisions and amendments thereof.

(3) The preparation, conduct and grading of competitive tests.

(4) The conduct of employee training programs.

(5) Special and technical services of advisory or informational character on matters relating to personnel administration.

(Code 1969, § 2.48.140; Ord. No. 350, § 1(part), 1971; Ord. No. 371, § 6, 1972)

State Law reference— Authority of legislative body of city to contract for conducting of competitive examinations of applicants for positions and employment in the city service and performance of any other service in connection with personnel selection and administration, Government Code § 45008.