Carpinteria Municipal Code Ch. 2.44 Personnel System

Footnotes:

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For statutory provisions authorizing a city to establish a civil service system, see Gov. Code § 45001; for provisions on civil service for city employees generally, see Gov. Code § 45000 et seq.

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 as set forth in this chapter is adopted.

(Ord. 614 § 1 (part), 2006)

As used in this chapter, the following terms shall be defined as follows unless the context indicates a different meaning:

A. "Appointing power" means the employee, officer board, commission or city council, having the final authority to make the appointment to the position to be filled.

B. "Class" means all positions sufficiently similar in duties, authority and responsibility, to permit grouping under a common title.

C. "Competitive service" means all positions of employment in the service of the city except those specifically excluded by this chapter.

D. "Days" means calendar days unless otherwise stated.

E. "Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.

F. "Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.

G. "Examination" means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

H. "Layoff" means the separation of employees from the active workforce due to lack of work or funds, or to the abolition of positions by the city council for the above reasons or due to organizational changes.

I. "Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

J. "Probationary period" means a working test period during which an employee is required to demonstrate his/her fitness for the position to which he/she is appointed by actual performance of the duties of the position.

K. "Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.

L. "Reinstatement" means the reemployment without examination of a former regular employee or probationary employee.

M. "Seniority" means the length of continuous paid service as a regular and probationary employee.

N. "Suspension" means the temporary separation from the service of an employee without pay for disciplinary purposes.

O. "Transfer" means a change of an employee from one position to another position in the same class or in a comparable class.

P. "Reduction in pay" means decreases in pay within the class. Elimination of all or part of pay the employee receives for step increases.

Q. "Permanent employee" means an employee who has successfully completed the probationary period and has been retained as provided in this chapter.

R. "Dismissal" means permanent separation without pay.

(Ord. 614 § 1 (part), 2006)

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

A. Elective officers;

B. Members of appointive commissions, boards and committees;

C. The city manager;

D. The following classifications:

1. The city clerk,

2. The city treasurer,

3. The community development director,

4. The planning director,

5. The public works director,

6. The administrative services director,

7. The parks and recreation director,

8. The assistant to the city manager,

9. The human resources administrator,

10. The senior planner,

11. The assistant planner,

12. The finance supervisor,

13. The public works supervisor,

14. The building inspector,

15. The code compliance supervisor,

16. The administrative assistant when assigned to a confidential position;

E. The city attorney and all persons working under the city attorney;

F. The city engineer and all persons working under the city engineer;

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

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

I. Employees, other than those listed elsewhere in this section who are probationary employees, employed hourly part-time, which is defined as employees who are expected to do work less than forty (40) hours per week or less than two thousand eighty (2,080) hours in any fiscal year; or employed on a temporary basis;

J. All positions now held, done or performed by the city manager, whether the same is created by this Code (Sections 2.08.110(M), (N) and 2.44.040), and any other ordinance of the city or by state law;

K. All positions held, occupied or performed by officers or employees of the county of Santa Barbara.

(Ord. 614 § 1 (part), 2006)

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 2.44.170 of this chapter. 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;

C. Prepare or cause to be prepared 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. 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; and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(Ord. 614 § 1 (part), 2006)

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three (3) public places designated by the city council, and at least five (5) days prior to city council consideration. The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rules, resolution or regulation or amendment thereof proposed to be adopted by the city council. 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 in the competitive service;

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

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

D. Certification and appointment of persons from employment lists;

E. Establishment of probationary periods;

F. Evaluation of employees during the probationary period;

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

H. Separation of employees from the city service;

I. The establishment of adequate personnel records;

J. The establishment of appeal procedures concerning employee discipline.

(Ord. 614 § 1 (part), 2006)

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

(Ord. 614 § 1 (part), 2006)

A. No person in the city 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, race, color, ancestry, national origin, religious creed, sex, sexual orientation, sexual identity, marital status, physical and mental disability, medical condition or because of the exercise of his/her rights under Section 3502 of the Government Code. Personnel rules and subsequent revisions and amendments will be made to affirm and strengthen the city's commitment to nondiscriminatory employment practices.

B. No maximum age limits shall be established in the personnel system for any position in the competitive service and age shall not be a minimum qualification for any city employee in the competitive service.

C. Any person possessing minimum qualifications for any position in the competitive service shall be eligible to take the competitive examination for that position, regardless of age, and the personnel officer, or the appointing power shall not adopt any rule to prohibit the employment of any person, otherwise qualified, solely because of age.

(Ord. 614 § 1 (part), 2006)

A. Any person holding a position included in the competitive service who shall have served continuously in such position in the competitive service for a period equal to the probationary period prescribed in the rules for his/her class shall assume regular status in the competitive 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. Any other person holding a position in the competitive service shall be regarded as a probationer who is serving out the balance of his/her probationary period as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment in the position.

(Ord. 614 § 1 (part), 2006)

A. 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. Validated examinations may 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, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given after a conditional offer of employment is made.

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 officer in whom the power to make appointments is vested.

D. When an appointment is to be made to a vacancy in the competitive service, the names shall be transmitted to the appointing power of all persons on the appropriate certified employment list, in the order in which they appear on the list.

(Ord. 614 § 1 (part), 2006)

A. All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year. During the probationary period, the employee may be rejected at any time without the 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 a position in the class from which he was promoted unless he is discharged from the city service as provided in this chapter and the personnel rules.

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

(Ord. 614 § 1 (part), 2006)

A. The city manager shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend any employee. The grounds upon which any disciplinary action may be based and the procedures to be followed shall be as specified in the personnel system rules and regulations.

B. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.

(Ord. 614 § 1 (part), 2006)

A. Any permanent employee in the competitive service shall have the right to appeal to the city manager a disciplinary action of suspension of five (5) days or more, reduction in pay, demotion or dismissal.

The appeal right specified above shall not apply to any matter which may be submitted for review pursuant to the grievance procedure.

B. 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. 614 § 1 (part), 2006)

A. Whenever in the judgment of the city council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city council may abolish any position of employment in the competitive service, and the employee holding such position for employment may be laid off without taking disciplinary action and without the right of appeal.

B. The order of layoff of employees shall observe the seniority rule to put the reduction into effect; provided, however, that no regular or probationary employee shall be laid off from a position in any department while any emergency, temporary or provisional employee is serving in the same class in that department. Subject to the foregoing, the order for layoff of employees shall be established by the personnel officer.

C. Employees to be laid off shall be given at least fourteen (14) days prior notice.

D. The names of regular employees laid off shall be placed upon reemployment lists for one year for those classes requiring basically the same qualifications, duties and responsibilities of the class from which such layoff was made.

(Ord. 614 § 1 (part), 2006)

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

(Ord. 614 § 1 (part), 2006)

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 public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

A. The preparation of personnel rules and subsequent revisions and amendments thereof;

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

C. The preparation, conduct and grading of competitive validated tests;

D. The conduct of employee training programs;

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

(Ord. 614 § 1 (part), 2006)

A. Employees in the competitive service shall have the right to file a grievance in accordance with the requirements and procedures as set forth in the employer/employee relations resolution.

B. This section shall not apply to matters for which appeal is provided in Section 2.44.140 of this chapter nor to matters which are specified as city or management rights as provided in the city's employer-employee relations policy and personnel rules adopted pursuant to this chapter.

(Ord. 614 § 1 (part), 2006)