Chapter 2.14 — PERSONNEL SYSTEM

Editor's note— Prior ordinance history: Ords. 805, 1048, 1130 and 1386.

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 in this chapter is adopted.

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

The City Manager shall be the personnel officer. The City Manager may delegate any of the powers and duties conferred upon him/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 Section 2.14.110. 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 or cause to be prepared a positions 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 or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications. The plan, and any revisions thereof, shall become effective upon approval by the City Council;

(e)

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

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

The provisions of this chapter, unless otherwise specified, shall apply to all offices, positions and employments in the service of the City except:

(a)

The City Manager and City Attorney;

(b)

Elective officers—City Clerk and City Treasurer;

(c)

Members of appointive Boards, Commissions and committees;

(d)

Persons engaged under contract to supply expert, professional, technical, temporary or other services;

(e)

Volunteer personnel, including reserve police officers;

(f)

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

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

Personnel rules shall be adopted by resolution after notice of such action has been publicly posted pursuant to the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including:

(a)

Preparation, installation, revision, and maintenance of a position classification plan covering all positions, including minimum 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 salary range 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 temporary and emergency appointments;

(f)

Evaluation of employees;

(g)

Transfer, promotion, demotion, reinstatement, disciplinary action, of employees covered by this chapter;

(h)

Separation of employees from the City service through layoff, suspension and dismissal;

(i)

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

(j)

Procedures for the orderly presentations by employees of matters relating to general conditions of employment to the City Manager and to the City Council;

(k)

The establishment and maintenance of personnel records;

(l)

The establishment of grievance procedures and appeals;

(m)

probationary period

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

Appointments to vacant positions 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 and 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, such as achievement and aptitude tests, written tests, oral interviews, performance tests, physical agility tests, evaluations of daily work performances, work samples, or any combination of these or other tests. In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefore. Appointments shall be made by the City Manager or by the officer in whom the power to make appointments is vested. When an appointment is to be made to fill a vacancy, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list.

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

Editor's note— Ord. No. 2117, § 1D, adopted December 8, 2008, repealed § 2.14.060, which pertained to probationary period. See also the Code Comparative Table and Disposition List.

Whenever in the judgment of the City Manager and City Council it becomes necessary, the City Council may abolish or reduce any position. Employees transferred, demoted or laid off because of the abolishment or reduction of positions shall not be subject to written charges nor shall they have the right of appeal in such cases. A reduction in force shall be implemented in conformance with the provisions of the personnel rules and regulations.

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

The political activities of City employees shall conform to pertinent provisions of state law.

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

No person in the classified service, or seeking admission thereto, shall be employed, promoted, demoted, or discharged, or in any way favored or discriminated against because of political opinions or affiliations; or because of race, religion, color, national origin, disability, medical condition, marital status, sex, age or sexual orientation.

(Ord. 1866 § 1(Exh. A), 1993: Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

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 personnel system. The City Council may contract with any qualified person or agency for the performance of all or any of the duties imposed by this chapter.

(Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

Except as otherwise provided in this chapter, no person convicted of a felony or misdemeanor involving moral turpitude shall be eligible for employment in the classified or unclassified service of the City; provided, however, that the appointing authority may disregard such conviction if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction.

The City Manager, Administrative Services Director, City Attorney, Public Works Director, Police Chief, Building Official, Finance Director, Community Development Director, Recreation and Community Services Director, City Clerk and Human Resources Manager are authorized to have access to the "State Summary Criminal History Information" as provided for in Section 11105 of the Penal Code of the State of California. It is understood that information is on a need to know basis. The City Council is authorized to have access to the "State Summary Criminal History Information" for the limited purpose of determining whether or not a candidate for City Attorney or City Manager has any disqualifying convictions.

(Ord. 1619 § 1(part), 1986; Ord. 1516 § 1(part), 1984).

(Ord. No. 2117, § 1A, 12-8-2008)

Editor's note— An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within seven days of the date of notice of disqualification. The City Manager shall hear and determine the appeal within ten days after it is filed. The determination of the City Manager on the appeal shall be final.