Chapter 2.08 — EMPLOYEE MERIT SYSTEM

In order to establish a justifiable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness and to provide a reasonable degree of security for qualified employees, the following merit system is hereby adopted.

(1961 Code, § 9.1; Ord. 462)

The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him or her 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 § 2.08.090. The Personnel Officer shall:

• A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council.

• B. Prepare and recommend to the City Council personnel rules and regulations and amendments thereto.

• C. Administer the position classification plan, including amendments and revisions to the plan. Any revisions and/or amendments to the position classification plan which effect a change to the compensation plan shall be subject to approval by the City Council pursuant to paragraph D. below.

• D. Prepare and administer the compensation plan, and revisions thereof. The plan, and any revisions thereof, shall be subject to approval of the City Council.

• E. Provide for the publishing or posting of test notices, the receiving of applications therefor, the conducting and grading of tests and the certification of lists of all persons eligible for appointment to the appropriate positions in the classified service.

• F. In December of each year the Personnel Officer shall obtain the median household income (in inflation adjusted dollars) for Brea as published and updated by the U.S. Census Bureau (or other successor organization which offers very similar data that is published via the internet that is of equal or higher quality). Effective November 6, 2012, with the exception of fire, police, and other emergency public safety personnel, no personnel officer shall present to council for authorization or approval a pay schedule for a city manager, city administrative official, department director and hourly contract labor, an annual salary excluding benefits (or a combined hourly rate with overtime excluding benefits when annualized) that exceeds 2.0 times the most current estimate of median household income. Further no benefits package shall exceed 0.5 times the most current estimate of median household income. In the alternative total staff compensation (salary and benefits) shall be limited to 2.5 times the median income. Any modification to salary or benefit schedules shall be effective and implemented immediately prior to the effective date of modification or renewal of any existing agreement and prior to any new agreement. Benefits shall include, but are not limited to: car, gas, life insurance, gym membership, country club membership, health/medical insurance, housing incentives and any other personal benefits. However, benefits shall not include any mandated state or federal employer contributions or expenses. No staff member shall be compensated for travel time to any destination outside the country or "work" time that originates outside the United States unless the trip and compensation are approved during open council with the requirement that a staff report which clearly documents the value received by the City shall be presented at an open City Council Meeting.

(1961 Code, § 9.2; Ord. 462; Ord. 719; Ord. 870; Ord. 900; Initiative Measure T, 11-6-2012)

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

• A. The City Manager, any Assistant City Manager or executive assistants to the foregoing, and any executive management person reporting directly to the City Manager;

• B. Elective officers;

• C. Members of appointive boards, commissions and committees;

• D. Crossing guards;

• E. City Clerk and City Treasurer, at such time as the respective positions may become appointive;

• F. Persons engaged under contract to supply expert, professional, technical or other services;

• G. Volunteer personnel, such as volunteer firefighter;

• H. City Attorney;

• 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; and

• J. Employees, other than those listed elsewhere in this section, who are employed less than one thousand forty (1,040) hours in any one (1) fiscal year.

• (1961 Code, § 9.5; Ord. 462; Ord. 566; Ord. 567; Ord. 627)

Personnel rules shall be adopted by resolution of the City Council. The rules shall establish regulations governing the merit system including:

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

• B. Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

• C. Public announcement of tests and acceptance of applications for employment;

• D. Preparation and conduct of tests and the establishment and use of resulting eligibility lists containing names of persons eligible for appointment;

• E. Certification and appointment of persons from eligibility lists, and the making of temporary and emergency appointments;

• F. Evaluation of employee performance;

• G. Transfer, promotion, demotion, reinstatement and disciplinary action involving employees in the classified service;

• H. Separation of employees from the city service;

• I. Standardization of hours of work, attendance and leave regulations, work conditions and the development of employee morale, welfare and training;

• J. The establishment and maintenance of personnel records;

• K. Grievance and appeal procedures. (1961 Code, § 9.6; Ord. 462)

• A. Appointments to vacant positions in the classified 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. Promotion lists may be supplemented through later examinations which may differ as to written content and oral board members, if any. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates. Written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests may be used. Physical and medical tests may be given as part of any examination.

• B. In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

• C. Appointments shall be made by the City Manager, except that the department director shall be the appointing authority for subordinates within his or her department; provided, that the City Manager shall be notified in writing by the department director of any intended appointment at least two (2) business days prior to the appointment being made, and the City Manager may conclusively disapprove to the department director either orally or in writing any intended appointment prior to the appointment being made.

• D. When appointment is to be made to a vacancy in the classified services, any eligible applicants on the appropriate certified employment list may be appointed.

• E. In the absence of appropriate eligibility lists, a temporary appointment may be made, not to exceed six (6) months, of a person meeting the minimum training and experience qualifications for the position. A temporary employee may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled subject to the provisions of this chapter and the personnel rules.

• (Ord. 462; Ord. 627)

• A. All employees appointed to regular positions shall serve a probationary period of one (1) year. During the probationary period, the employees may be rejected at any time without the right of appeal or hearing. If during the otherwise probationary period any employee is absent on account of illness or injury for more than thirty (30) days in the aggregate, the aggregate period of such absences shall be added to the otherwise probationary period.

• B. An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service as provided in this chapter and the rules.

• C. An employee in the classified service promoted or transferred to a position not included in the classified service shall be reinstated to a position in the class from which he or she was promoted or transferred if action is taken to reject him or her unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the classified service.

(1961 Code, § 9.8; Ord. 462)

• A. Any person holding a position included in the classified service, who on the effective date of this chapter (see Ordinance No. 462 for application) shall have served continuously in such position or in some other position in the classified service for a period equal to the prescribed probationary period, shall assume permanent status in the classified 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 chapter and the personnel rules.

• B. All other persons holding positions in the classified services shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining permanent status. The probationary period shall be computed from the date of appointment.

• (1961 Code, § 9.9; Ord. 462)

• A. The department director shall have the right, for due cause, to dismiss, demote, reduce in pay, suspend without pay for a maximum of thirty (30) calendar days, or reprimand any employee. The City Manager shall have the same right with respect to any executive management person reporting directly to him. Except as otherwise provided by the personnel rules and regulations, notice of such proposed action must be in writing and served personally on such employee and shall contain a statement of the reasons for the proposed action and shall include an unsigned copy of the charges being considered. Due cause shall be set forth as to types of matters in the rules, without limiting due cause to specific types that are therein set forth.

• B. Where an emergency situation exists and it is determined that it is necessary to relieve an employee of his or her duties immediately, for the good of the city, such employee may be suspended for a period not to exceed five (5) days to permit an investigation of the matter. Such emergency suspension shall be implemented in accordance with the rules and regulations as adopted by the City Council.

(1961 Code, § 9.10; Ord. 462; Ord. 628)

• A. 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 merit system. The City Council may contract with any qualified person or 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 thereto;

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

  3. The preparation of a plan of compensation, and subsequent revisions and amendments thereof;

  4. The preparation, conduct and grading of competitive tests;

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

• B. Nothing in this chapter contained shall be deemed to prevent the city from contracting for any type or category of services.

(1961 Code, §§ 9.13 and 9.15; Ord. 462)