Berkeley Municipal Code Ch. 4.04 Personnel System

Prior legislation: Ords. 6269-NS, 6217-NS, 6095-NS, 6029-NS, 6028-NS, 5957-NS, 5705-NS, 5643-NS, 5572-NS, 5533-NS, 5351-NS, 5319-NS, 5157-NS, 5015-NS, 4994-NS, 4851-NS, 4824-NS, 4796-NS, 4738-NS, 4665-NS, 4628-NS, 4614-NS, 4565-NS, 4507-NS, 4392-NS, 4370-NS, 4334-NS, 4295-NS, 4285-NS, 4277-NS, 4259-NS, 4243-NS, 4180-NS, 4160-NS, 4139-NS, 4002-NS, 3978-NS, 3961-NS, 3911-NS, 3854-NS, 3850-NS, 3737-NS, 3732-NS, 3668-NS, 3645-NS, 3625-NS, 3574-NS, 3555-NS, 3488-NS, 3481-NS, 3435-NS, 3410-NS, 3406-NS, 3324-NS, 3230-NS, 3026-NS, 2794-NS, 2711-NS, 2684-NS, 2570-NS, 2503-NS, 2471-NS, 2456-NS, 2428-NS, 2368-NS, 2342-NS.

*For Charter provisions authorizing the establishment of a Personnel Board, see Charter § 119; for provisions regarding the powers and duties of the City Manager, see Charter § 28.

For Personnel Department, see Ch. 2.46 of this code.

In order to establish an equitable and uniform system for dealing with personnel practices embracing the merit system, the City of Berkeley hereby adopts a personnel system to be administered in accordance with the provisions of the Charter of the City and pursuant to personnel rules adopted by resolution of the City Council. (Ord. 6280-NS § 2 (part), 1995)

Pursuant to the provisions of Article XVI, Section 119 of the Charter of the City, the Personnel Board is created and established. (Ord. 6280-NS § 2 (part), 1995)

The Personnel Board shall consist of nine members. Appointments to the board shall be made in accordance with Berkeley Municipal Code Chapter 2.04. The Personnel Board shall elect one of its members chairperson. (Ord. 6280-NS § 2 (part), 1995)

A. The board shall review and approve the City’s EEO/affirmative action program.

B. The board shall appoint an affirmative action subcommittee whose chair shall participate in the formal complaint resolution process as provided in the EEO complaint investigation and resolution procedure under the City’s EEO/affirmative action program.

C. The board shall review all memoranda of understanding of newly certified bargaining units prior to their signing to insure that signatures to the contracts have employment and membership policies for their unions and associations that conform to the goals and spirit of the City’s EEO/affirmative action program. The board shall also review the inclusion of appropriate nondiscrimination provisions in each contract and recommend to the City Manager the acceptance or rejection of a contract based on its findings. (Ord. 6280-NS § 2 (part), 1995)

Subject to council approval in each case, the Personnel Board may designate one of its members to act as a liaison representative to any other board, commission or committee of the City. The liaison representative shall have no power to vote. The liaison representative shall:

A. Attend meetings of the other board, commission or committee;

B. Advise the Personnel Board of the decisions and recommendations of the other board, commission or committee; and

C. On request by any member of the other board, commission or committee, advise the other board, commission or committee of the Personnel Board’s policies, procedures and decisions that may bear upon matters under discussion by such other board, commission or committee. (Ord. 6280-NS § 2 (part), 1995)

The Personnel Board shall determine the order of business and adopt rules of procedure for the conduct of its meetings and hearings and shall keep complete records of its proceedings. The board shall hold regular meetings at least quarterly at such time and place within the City as shall be designated by the board, and may also hold special meetings upon the call of the chair or a majority of the members of the board, as the affairs of the board may require. A majority of the members appointed to the board shall constitute a quorum and the affirmative votes of the majority of the members appointed is required to take any action. The board shall:

A. Review the personnel rules and revisions and amendments to the rules as submitted by the City Manager, and make recommendations to the City Manager;

B. Review the position class plan, including class specifications and revisions of the plan, as submitted by the City Manager, and hold hearings and make recommendations to the City Manager;

C. Review the salary and wage plan and revisions and amendments to the plan as submitted by the City Manager, and make recommendations to the City Council;

D. Advise the City Manager on problems concerning personnel administration;

E. Provide for the classification of all employments in the administrative service of the City, provide for open, competitive and free examinations as to fitness: provide for an eligibility list from which vacancies shall be filled; provide for a period of probation before employment is made permanent; and provide for promotion on the basis of merit, experience and record, in accordance with this chapter and the rules established hereunder;

F. For unrepresented employees in the career service, investigate and assist in the adjustment of complaints regarding a claimed violation of this chapter or the personnel rules adopted thereunder, and of appeals of demotions, suspensions or discharges for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder. Such complaints or appeals shall be processed according to the procedure established by the personnel rules adopted by resolution by the City Council except where a specific procedure is provided to redress violations of particular personnel rules, such as the procedure provided in the EEO complaint investigation and resolution procedure, in which case the complaint or appeal shall be processed under that specific procedure; and

G. For represented employees, investigate and assist in the adjustment of complaints regarding a claimed violation of this chapter or the personnel rules adopted hereunder for matters outside of the applicable memorandum agreement and the negotiated grievance procedure, except where other specific procedures exist to address the complaint, such as the EEO complaint investigation and resolution procedure. (Ord. 6801-NS § 1, 2004; Ord. 6280-NS § 2 (part), 1995)

In any investigation or hearing conducted by the Personnel Board pursuant to personnel rules adopted by resolution of the City Council, the Personnel Board shall have the power to subpoena witnesses, take testimony under oath and require the production of records by subpoena issued in the name of the City and attested by the City Clerk. Any person who shall be served with such a subpoena to appear and testify or to produce books or paper issued in the course of any investigation or hearing who shall disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. Each member of the Personnel Board shall have power to administer oaths to witnesses. (Ord. 6280-NS § 2 (part), 1995)

Nothing in this chapter shall be used to construe a limitation on the powers granted by the Charter to the City Manager. (Ord. 6280-NS § 2 (part), 1995)

In addition to the City Manager’s powers under the Charter, and except in the case of the Auditor, the City Attorney’s Office, the Rent Stabilization Board, and the Office of the Director of Police Accountability, the City Manager shall make transfers, promotions, demotions, reinstatements, layoffs, and shall hire, suspend or dismiss employees, subject to the provisions of this chapter, the personnel rules and applicable memorandum agreements, it being the intent to provide a fair and just approach to municipal employment in order that City employees may be selected and promoted on a merit basis, but in no sense impair the efficiency of a public service. (Ord. 7929-NS § 3, 2024; Ord. 6280-NS § 2 (part), 1995)

The City Manager shall administer the City personnel system and may delegate any of the powers and duties set forth in this chapter to a personnel director or any other officer or employee except as otherwise prohibited by the Charter of the City. Subject to the limited exemptions articulated below, the City Manager shall:

A. Act as the appointing authority for the City;

B. Attend all meetings of the Personnel Board;

C. Administer all provisions of the personnel ordinance and of the personnel rules not specifically reserved to the Personnel Board;

D. Prepare the personnel rules and revisions and amendments to such rules for the Personnel Board’s consideration, and after consideration by the board, submit the rules, revisions and amendments, together with the recommendations of the board and their own recommendations, to the City Council for consideration and adoption by the council;

E. Prepare a position class plan, including class specifications and revisions of the plan for the Personnel Board’s consideration, and after consideration by the board, submit a position class plan and revisions, together with the recommendations of the board and their own recommendations, to the City Council for consideration and adoption by the council;

F. Prepare a salary and wage plan and revisions and amendments to the plan for consideration by the Personnel Board, and after consideration by the board, submit the salary and wage plan and revisions and amendments, together with the recommendation of the board and their own recommendation, to the City Council for consideration and adoption.

The City Attorney, City Auditor, Director of Police Accountability and Executive Director of the Rent Stabilization Board, shall act as the appointing authority for those personnel over whom they have administrative control, and shall have the ability to make recommendations directly to the Personnel Board (regarding rules, positions, class specifications, wages, etc.) specifically applicable to those personnel. (Ord. 7929-NS § 3, 2024; Ord. 6280-NS § 2 (part), 1995)

The provisions of this chapter shall apply to all positions in the service of the City except:

A. The City Manager, Assistant City Manager, Deputy City Manager, Assistant City Attorney, Assistant to the City Manager, Assistant to the City Attorney, Police Review Commission Officer, Police Review Commission Investigator, Budget Manager, Assistant to the Mayor, Capital Improvement Programs Manager, Economic Development Manager, and Legislative Aide, and Employee Relations Manager;

B. Assistant, Associate and Senior Management Analyst when appointed to the City Manager’s Department or to the budget unit of the Management and Administrative Services Agency; and Secretary to the Mayor, Administrative Secretary and Secretary when appointed to the Mayor’s office;

C. All department heads, health officer, and supervising psychiatrist;

D. Persons employed seasonally in the summer camps;

E. Persons employed as reserve or emergency employees during the period of national emergency as provided in the ordinance creating such employment;

F. All persons who are paid at an hourly rate with the exception of library aides. Persons appointed as hourly library aides shall be part of the career service with the exception of those hired to fill temporary positions of six months or less. Persons appointed to these positions which are exempt from the career service shall serve at the pleasure of the appointing authority and may be demoted, suspended, or otherwise rejected at any time without cause and without right of appeal or hearing in any manner. Except that, any employee in the career service promoted or transferred to a position not included in the career service and made exempt from the career service shall be reinstated to their career appointment from which they were promoted or transferred if within six months of appointment to a position not included in the career service, action is taken to dismiss them, unless charges are filed and the employee is discharged in accordance with this chapter and the rules established hereunder for positions in the career service. All employments designated in this section shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements. (Ord. 7979-NS § 1, 2025; Ord. 7904-NS § 1, 2024; Ord. 7896-NS § 1, 2024; Ord. 6492-NS § 1, 1999; Ord. 6480-NS § 1, 1999; Ord. 6370-NS § 1, 1997; Ord. 6343-NS § 1, 1996; Ord. 6280-NS § 2 (part), 1995)

The following offices or positions are not employed by the City and the provisions of this chapter shall not apply as to them:

A. Elective offices;

B. Positions on boards, commissions and committees appointed by the Mayor or City Council;

C. Jurors and election officers;

D. Volunteer personnel, such as volunteer fire-fighters.

Persons serving in these offices or positions shall be entitled to only those benefits and privileges that are specifically established by resolution of the City Council or by law. (Ord. 6280-NS § 2 (part), 1995)

Personnel rules shall be adopted by resolution of the City Council, upon recommendation of the City Manager and the Personnel Board. (Ord. 6280-NS § 2 (part), 1995)

Appointments to the vacant positions in the career service shall be made in accordance with the personnel rules and in accordance with Article VII, Section 28 of the City Charter. (Ord. 6280-NS § 2 (part), 1995)

A. All original and promotional appointments shall be for a probationary period of such length as determined by the personnel rules or the applicable memorandum agreement. During the probationary period, the employee may be rejected at any time without cause and without right of appeal or hearing in any manner.

B. An employee rejected during the probationary period from a position to which they have been promoted shall be reinstated to the classification from which they were promoted, unless charges are filed and they are discharged as provided by this chapter and the rules established hereunder. (Ord. 6280-NS § 2 (part), 1995)

The tenure of every employee holding a position shall be during good behavior and proved fitness for the position on the basis of duties and responsibilities, but any officer or employee may be removed or otherwise disciplined. (Ord. 6280-NS § 2 (part), 1995)

A. Any employee in the career service shall have the right to appeal a disciplinary demotion, suspension or discharge, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules.

B. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter or as set forth in the governing memorandum agreement where applicable. (Ord. 6280-NS § 2 (part), 1995)

Whenever, in the judgment of the City Council or the City Manager, it becomes necessary to abolish any position of employment, in the interest of efficiency or economy or because the necessity for the position involved no longer exists, the employee holding such position or employment may be laid off or demoted under the provisions of the layoff policy without disciplinary action. Lay off and re-employment actions and the right to appeal shall be in accordance with the procedures established in the personnel rules or in the governing memorandum agreement where applicable. (Ord. 6280-NS § 2 (part), 1995)

There shall be no improper political activity on the part of City employees. City employees may not engage in political activities or services of any nature during these hours in which they are employed by the City; nor shall City funds, supplies, property or equipment be utilized in performing any services of a political nature. (Ord. 6280-NS § 2 (part), 1995)

No officer 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 or contribution, whether voluntary or involuntary, for any political purpose whatever, from anyone on the employment lists or holding any position under the provisions of this chapter. (Ord. 6280-NS § 2 (part), 1995)

The City may contract with any competent agency for the performance by such agency of such technical service in connection with the establishment of the personnel system or with its operation, as may be desired. (Ord. 6280-NS § 2 (part), 1995)

In compliance with Article X, Section 61 of the Charter, the City shall not pay any salary, wage or other compensation for personal services to any person holding a position in the career service of the City unless the payroll timesheet bears the certificate of the department head that the person was employed and was performing the services in accordance with this chapter and the personnel rules. If any officer or employee wilfully or negligently approves or makes payment or issues any warrant in violation of this section, they, and the sureties of their bonds, shall be liable for the amount of the payment. (Ord. 6280-NS § 2 (part), 1995)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 6280-NS § 2 (part), 1995)