Brisbane Municipal Code Ch. 2.12 Personnel System

In order to establish an equitable 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 personnel system set forth in this chapter is adopted.

(Ord. 277 § l(part), 1981: Ord. 136 § 1, 1968).

The city manager shall be the personnel officer. The city manager 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. 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 revisions and amendments to such rules; the city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;

C. Prepare 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;

D. Prepare a plan of compensation, and revisions thereof, covering all classifications in the classified service; the plan, and any revisions thereof, shall become effective upon approval by the city council;

E. Provide for the publishing or posting of notices of tests for positions in the classified service; the receiving of applications therefor; the conducting and grading of tests; the certification to the appointing authority of a list of all persons eligible for appointment to the appropriate position in the classified service.

(Ord. 277 § l(part), 1981: Ord. 136 § 2, 1968).

The functions of the city council shall be as provided by this chapter and the personnel rules.

(Ord. 277 § l(part), 1981: Ord. 136 § 3, 1968).

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

A. The city manager and city attorney;

B. All elected officials and members of appointive boards, commissions and committees;

C. All department heads;

D. All temporary personnel whether employed directly by the city or retained under contract for services;

E. Volunteer personnel;

F. All permanent part-time positions funded for less than one thousand forty (1040) hours in a fiscal year.

All personnel excluded from the classified service as provided above shall comprise the exempt service.

(Ord. 277 § l(part), 1981: Ord. 136 § 4, 1968).

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted at least five (5) days prior to city council consideration. At the time of consideration, interested parties may appear and be heard. The rules shall establish regulations governing the personnel system including:

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

B. Preparation and administration of a plan of compensation relating to the position classification plan, providing a rate or range of pay for each class;

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

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

E. Certification and appointment of persons from employment lists, and the making of provisional and emergency appointments;

F. Evaluation of employees during the probationary period;

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

H. Separation of employees from the city service;

I. Hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;

J. The establishment of adequate personnel records;

K. The establishment of grievance and appeal procedures.

(Ord. 277 § l(part), 1981: Ord. 136 § 5, 1968).

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 as far as practicable by competitive examination. 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. These selection techniques may include achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, medical examinations, evaluation of daily work performance, work samples or any combinations of these or other tests.

B. Appointments shall be made by the personnel officer or by the officer in whom the power to make appointments is vested.

C. When appointment is to be made to a position in the classified service, the personnel officer shall transmit to the appointing authority the names of all persons on the appropriate employment list.

D. The personnel officer may authorize temporary appointments to meet short-term employment needs such as periods of peak workloads, illness or pending the establishment of a new eligible list.

E. Such appointments may be made from an appropriate employment list or from among other qualified persons where there is no active list or where there are insufficient eligibles directly available for appointment.

F. Unless extended by the personnel officer, temporary appointments shall not be employed for more than one thousand forty (1040) hours in a fiscal year.

G. Temporary employees shall not be covered by the personnel rules nor shall the period of temporary appointment constitute satisfactory completion of any part of a probationary period for any class in the classified service.

(Ord. 277 § l(part), 1981: Ord. 136 § 6, 1968).

A. All original and promotional appointees shall serve probationary periods as prescribed in the personnel rules. During the probationary period, the employee may be rejected at any time without cause and without the right of appeal.

B. An employee rejected during the probationary period from a position in the classified service to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless the rejection results in dismissal from the city service.

(Ord. 277 § l(part), 1981: Ord. 136 § 7, 1968).

The provisions of the personnel rules relating to attendance and leaves shall apply to full-time exempt positions.

(Ord. 277 § l(part), 1981: Ord. 136 § 8, 1968).

The appointing authority shall have the right to demote, dismiss, reduce in pay, suspend or otherwise discipline an employee in the classified service in accordance with provisions set forth in the personnel rules.

(Ord. 277 § l(part), 1981: Ord. 136 § 9, 1968).

A. Any employee in the classified service shall have the right to appeal to the city council a disciplinary action, or an interpretation or alleged violation of this chapter, the personnel rules or a current memorandum of understanding, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules.

B. The city council shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested to by the city clerk.

C. Each member of the city council shall have the power to administer oaths to witnesses.

D. 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.

(Ord. 277 § 1(part), 1981: Ord. 136 § 10, 1968).

Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position in the classified service. Procedures governing resulting layoffs or other personnel actions shall be as set forth in the personnel rules.

(Ord. 277 § 1(part), 1981: Ord. 136 § 11, 1968).

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

(Ord. 277 § 1(part), 1981: Ord. 136 § 12, 1968).

No employee in the classified service, or person seeking admission thereto, shall in any way be favored or discriminated against because of political opinions or affiliations, race, color, ancestry, national origin, religious belief, sex, sexual preference, marital status, age or physical handicap unless determined to be a bona fide occupational requirement.

(Ord. 277 § 1(part), 1981: Ord. 136 § 13, 1968).