Buena Park Municipal Code Ch. 2.20 Civil Service 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, as determined by competitive tests, and to provide a reasonable degree of security for qualified employees, the following civil service system of personnel administration is hereby adopted. All sections contained in this ordinance are intended to be gender neutral. All references to he, him, himself, etc., are intended to include all people regardless of their sex.

(Prior code § 2-73; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

A. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except the following which are exempted:

1. Elective officers;

2. Members of appointive commissions and committees;

3. City manager;

4. Assistant city manager;

5. Director of finance/city treasurer;

6. Director of human resources/risk management;

7. Director of community development;

8. Director of public works/city engineer;

9. Director of community services;

10. Police chief;

11. City clerk;

12. City attorney;

13. Temporary, seasonal, limited service personnel;

14. Such other positions as the city council shall designate, by resolution.

B. However, the provisions of this chapter and the classification and salary resolution pertaining to position classification, attendance, vacation, leaves and holidays shall apply to all full-time exempt positions.

(Prior code § 2-74; amended during 1990 codification; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

A. The city manager shall be the personnel officer. With the approval of the city council, 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, as provided in Section 2.20.170.

B. The personnel officer shall:

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

2. Prepare and recommend to the council revisions and amendments to the personnel rules. The city attorney shall approve the legality of such revisions and amendments prior to their submission to the council;

3. Under the direction of the council, 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 council;

4. Under the direction of the council, prepare a plan of compensation and revisions thereof, covering all classifications in the competitive service. The plan and any revisions thereof shall become effective upon approval by the council.

(Prior code § 2-77; amended during 1990 codification; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

A. Personnel rules to supplement this chapter shall be adopted by the city council by resolution. Such rules may be amended from time to time by resolution of the city council. Such rules shall be prepared by the personnel officer prior to adoption by the council.

B. Rules may be formulated as may be necessary and proper to carry out the intent and purpose of this chapter, and rules must be formulated establishing specific procedures to govern the following phases of the civil service system:

1. The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service;

2. The formulation of minimum standards and qualifications for each class position;

3. The public announcement of vacancies and examinations and the acceptance of applications for employment;

4. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment;

5. The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;

6. The evaluation of employees during the probationary period and annually thereafter;

7. The transfer, promotion, demotion and reinstatement of employees in the civil service system;

8. The separation from the service of employees through layoff, suspension, dismissal and for incapacity to perform required duties;

9. The development of employee morale, welfare, and training;

10. The maintenance and use of necessary records and forms;

11. Suitable provision for orderly and equitable presentations to the council by employees of matters relating to general conditions of employment;

12. The procedure for conducting hearings before the hearing officer which shall be consistent with this chapter;

13. Not less than fourteen days prior to recommendation by the personnel officer, all proposed rules or amendments to rules shall be posted in such public places as may be designated by the rules, and concurrently with such posting, copies of the proposed rules or amendments are to be made available to any employee at the human resources offices upon request.

C. Protests to the adoption or amendment of any rules may be made in writing directly to the personnel officer. All protests must be made within the period of fourteen days after posting. The personnel officer, at its discretion, may set any protest for hearing.

D. No rule or amendment shall be recommended by the personnel officer in which a change has been made therein after posting without reporting.

E. In addition to the personnel rules authorized by this section, city departments may adopt rules pertaining to the operation of the department when such rules are not in conflict with this chapter or the personnel rules. Such rules need not be adopted in the manner provided for the adoption of personnel rules, but may be adopted by the approval of the department head and city manager.

(Prior code § 2-78; amended during 1990 codification; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

Positions exempted from the personnel rules in Section 2.20.020 shall be termed non-competitive service positions. Such positions serve at the will of the city manager or city council and employees in those positions may be terminated without cause at any time and for any reason or no reason.

(Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

A. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Such appointments shall be based on merit and fitness, to be ascertained so far as practicable by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees, and consist of such recognized selection techniques as achievement and aptitude tests and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler or any combination of these, which will, in the opinion of the personnel officer, test fairly the qualifications of candidates. Physical and medical tests may be given as part of any examination. In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test and set minimum standards therefor.

B. Appointments shall be made by the city council, the city manager, or by the officer in whom the power to make appointments is vested by law.

C. Vacant positions in the competitive service may be filled only by appointment from an eligible list, provisional appointment, transfer, reinstatement, or demotion.

D. When appointment is to be made to a vacancy in the competitive service, the names of all eligible persons willing to accept appointment shall be transmitted by the personnel officer to the appointing authority in the order in which they appear on the lists and as provided in the personnel rules.

E. In the absence of appropriate eligible lists, a provisional appointment may be made by the appointing power of a person meeting the qualifications for employment for the position. An eligible list shall be established within six months for any permanent position filled by provisional appointment. No person shall be employed by the city under provisional appointment for a total of more than twelve months. No special credit shall be allowed in any examination or the establishment of any eligible or promotional lists for service rendered under a provisional appointment.

F. Appointments to emergency, temporary, and seasonal positions may, but need not be, made from eligible lists, and those appointed shall not be in the competitive service. Appointments of this type shall include temporary employment for the replacement of employees on leave of absence or vacation, emergency appointments to meet emergencies which threaten life, property or the general welfare of the city or for work seasonal in nature.

G. During the period of suspension of any employee or pending final action on proceedings to review the suspension, demotion or dismissal of an employee, the vacancy created may be filled by appointing authority only by temporary appointment.

(Prior code § 2-79; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

A. All original appointments for new police sworn personnel, except lateral transfer police sworn personnel, shall be for a probationary period of eighteen months. Lateral transfer police sworn personnel shall be subject to a probationary period of one year. All other original appointments shall be for a probationary period of one year and all promotional appointments shall be for a probationary period of one year. During the probationary period, the employee may be rejected at any time without right of appeal or hearing.

B. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is discharged for a reason, as provided in this chapter and the rules, which would have been sufficient to cause his discharge from his former position as well. In the event of such dismissal, the employee shall be entitled to appeal his dismissal, as provided in this chapter.

C. Any employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred, if, within one year after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged for cause in the manner provided in this chapter and the rules established for positions in the competitive service.

D. An employee's status shall be considered permanent upon completion of the probationary period only if the appointing authority reports to the personnel officer that the services of the employee have been satisfactory and that the employee is recommended for a permanent appointment. It shall be the duty of the appointing authority to determine and report to the personnel officer before completion of an employee's probationary period whether or not the service of the employee has been satisfactory.

E. The appointing authority may recommend extending the probationary period of an employee up to one additional six-month period. Employees on extended probation shall accrue sick and vacation leave but not service credit toward merit increases. An employee shall not compete in any promotional examination while on extended probation.

(Prior code § 2-80; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

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

(Prior code § 2-83; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

Any person holding a position of employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall not exceed a total of twenty calendar days in any fiscal year. A department head not having power of appointment may make disciplinary suspensions in accordance with the personnel rules.

(Prior code § 2-84; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

A. Right of Appeal. Any employee in the competitive service shall have the right to appeal to the city manager relative to any situation affecting his employment status or conditions of employment, except in instances where the right of appeal is prohibited by this chapter or by a memorandum of understanding.

B. There shall be no appeal from the following actions:

1. Denial of salary increases.

2. Demotion or discharge due to layoff.

3. Verbal counseling.

4. Transfer to another position in the same classification without a loss of pay.

5. Hiring of employee relatives.

C. This section shall not govern the processing or disposition of disciplinary proceedings.

(Prior code § 2-86; amended during 1990 codification; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

Whenever, in the judgment of the city council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the council may abolish any position or employment in the competitive service in the same manner as the title and duties were established by the council, and the employee holding such a position or employment may be laid off effectively thirty days after notice, in writing exclusive of any vacation period accrued, without the right of appeal. The name of such employee so laid off shall be placed at the top of the appropriate employment list provided by the rules, and such employee shall be reappointed should such position or employment of any position involving all or a major portion of the same duties be reinstated or created within one year.

(Prior code § 2-87; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

No person in the competitive service system or seeking admission thereto shall be employed, promoted, demoted, discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, ancestry, national origin, religion, creed, age (over forty), disability, mental and physical, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, or military and veteran status. No person shall be accepted into the competitive service system who is an active member in any organization which advocates the overthrow of the United States Government by force.

(Prior code § 2-88; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

Minimum or maximum age limits for any examination shall not be established and age shall not be a minimum qualification for any city employment in the competitive service. Any person possessing all of the minimum qualifications for a position is eligible to take any examination, regardless of age, and the personnel officer or any appointing power shall not adopt any rule prohibiting the employment of any person otherwise qualified in any city employment solely because of age; except, that the provisions of this section shall not apply to the employment of police officers and shall not prevent the legislative body from fixing minimum age limits for the employment of police officers.

(Prior code § 2-89; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

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 development and administration of any phase of the personnel program, and the council may contract for the performance of such services with any qualified person or agency.

(Prior code § 2-90; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

The city council shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(Prior code § 2-91; Ord. 1648 § 1, 2018; Ord. 1710 § 1, 2022)

The provisions of this chapter shall become effective on the 13th day of September 2022.

(Prior code § 2-92; Ord. 1648 § 2, 2018; Ord. 1710 § 1, 2022)