Brawley Municipal Code Art. IX Personnel System

Footnotes:

--- (2) ---

Editor's note— Ord. No. 2021-02, § 3, adopted Jan. 19, 2021, set out provisions intended for use as §§ 2.60—2.70. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 2.61—2.70.

In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable law relating to the administration of the personnel process, the following personnel system is hereby adopted.

(Ord. No. 2021-02, § 3, 1-19-2021)

The city manager shall administer the city personnel system, including the competitive service and those classifications excluded from the competitive service, and shall serve as the personnel officer. The city manager shall:

1. Act as the appointing authority for the city, except for the city attorney who shall be appointed by the city council;

2. Administer all the provisions of this article and of the personnel rules not specifically reserved to the city council;

3. Prepare and recommend to the city council personnel rules, revisions, and amendments to such rules;

4. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan;

5. Have the authority to discipline employees in accordance with this chapter and the personnel rules of the city;

6. 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 of any other duty that may be required to administer the personnel system; and

7. The city manager may delegate those portions of his/her responsibilities, which he/she deems appropriate.

(Ord. No. 2021-02, § 3, 1-19-2021)

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

1. Elected officers;

2. The city manager;

3. The director of community and economic development;

4. The city attorney;

5. Members of appointed boards, commissioners, and committees;

6. All department directors;

7. Persons engaged under contract to supply expert, professional, technical or any other services;

8. Volunteer personnel;

9. All council-appointed officers;

10. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as extraordinary fire, flood, or earthquake, which threatens life or property;

11. Employees, other than those listed elsewhere in this section, who are not employed in regular positions. "Employed in regular positions" means an employee hired into an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty hours per year, and has successfully completed the probationary period and been retained as provided in this article and the personnel rules;

12. Any position primarily funded under a state or federal employment program;

13. Any newly created position, which is designated at the time of its creation as being exempt from the competitive service; and

14. Part-time, temporary and seasonal employees.

Employees not included in the competitive service under this article shall serve at the pleasure of their appointing authority.

Employees not included in the competitive service under this article that are appointed by the city manager may be terminated or disciplined at will by the city manager at any time, without any right of appeal.

(Ord. No. 2021-02, § 3, 1-19-2021)

Personnel rules shall be adopted by resolution of the city council. The rules may establish regulations governing the personnel system, including, but not limited to:

1. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;

2. Appropriate announcement of the selection process and acceptance of applications for employment;

3. Preparation and conduct of tests and the establishment and use of resulting 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. Evaluation of employees during the probationary testing period and thereafter;

6. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

7. Separation of employees from the city service;

8. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements; and

9. The establishment of any necessary appeal procedures.

(Ord. No. 2021-02, § 3, 1-19-2021)

Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as part of any examination in accordance with the applicable provisions of state and federal law. All appointments and promotions in the city service shall be made without regard to race; religious creed; color; national origin; ancestry; marital status; sex; gender; sexual orientation; medical condition; pregnancy, childbirth, or related medical condition; physical or mental disability; political affiliation; or any other basis protected by federal, state, or local law.

All regular full-time appointments, including promotional appointments, shall be for a probationary period of not less than one year. All regular part-time appointments, including promotional appointments, shall be subject to a probationary period of not less than two thousand eighty hours of non-overtime work performed. The appointing authority may extend such probationary period up to six additional months for full-time employees or one thousand forty hours for part-time employees. The probationary period shall commence from the date of appointment. In the event of absence from work lasting longer than fourteen consecutive days, the number of days absent shall be added to the length of the probationary period.

During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure.

Prior to the end of the probationary period, the appointing authority shall notify the personnel officer whether the probationary employee has performed satisfactorily and whether the retention of such employee in the service is desired. This notification may be made in conjunction with the completion of the probationary employee's performance evaluation.

An employee rejected during the probationary period from a position to which he/she has been promoted shall be reinstated to a position in the class from which he/she was promoted, if available, unless he/she is discharged from the city service as provided in the personnel rules. If no vacancy exists in such classification, he/she will be placed on a re-employment list as provided in the personnel rules.

(Ord. No. 2021-02, § 3, 1-19-2021)

Department heads, or in the case of employees that report directly to the city manager, the city manager, 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, or in the case of employees covered by MOUs, in accordance with the procedures included in the applicable MOU.

(Ord. No. 2021-02, § 3, 1-19-2021)

Any regular 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 personnel 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, or in the case of employees covered by MOUs, in accordance with the procedures included in the applicable MOU.

(Ord. No. 2021-02, § 3, 1-19-2021)

Lay-off and re-employment actions shall follow the process outlined in the personnel rules, or in the case of employees covered by MOUs, in accordance with the procedures included in the applicable MOU.

(Ord. No. 2021-02, § 3, 1-19-2021)

The political activities of city employees shall conform to pertinent provisions of state law and any local provisions adopted pursuant to state law.

(Ord. No. 2021-02, § 3, 1-19-2021)

The city may contract with any qualified person or public or private agency for the performance of any or all of the following services:

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; and

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

The city manager shall have the authority to contract for these services unless the cost thereof exceeds the limits set by the city's purchasing ordinance and/or city manager ordinance. In those instances, the city manager shall make recommendations to the city council regarding the contracting for the services required.

(Ord. No. 2021-02, § 3, 1-19-2021)