Chowchilla Municipal Code Ch. 2.42 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. 374-91 § (part), 1991)

The city administrator shall be the personnel officer. The city administrator 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 this chapter. The personnel officer shall:

A. Attend all meetings of the personnel board and serve as its secretary;

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

C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;

D. 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;

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

(Ord. 374-91 § 1 (part), 1991).

There is created a personnel board to consist of the city council. The mayor shall act as chairman.

The personnel board 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 is-sued in the name of the city and attested by the city clerk.

Each member of the personnel board shall have the power to administer oaths to witnesses.

(Ord. 374-91 § 1 (part), 1991)

The personnel board shall determine the order of business for the conduct of its meetings, and shall meet regularly or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the transaction of business.

The board, as provided by this chapter and by the rules, shall hear appeal submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of this chapter, and to certify its findings and recommendations as provided in the personnel system rules.

(Ord. 374-91 § 1 (part), 1991)

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

A. The city administrator;

B. Elective officers;

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

D. Police chief;

E. Persons engaged under contract to supply expert, professional, technical or any other service;

F. Volunteer personnel, such as volunteer firemen;

G. City attorney;

H. 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.

I. Employees, other than those listed elsewhere in this section, who are not regularly employed in regular positions.

(Ord. 374-91 § 1 (part), 1991)

Personnel rules and regulations shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council and at least five days prior to city council consideration. The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, 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, including employment standards and qualifications for each class;

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

C. Preparation and conduct of all examinations and acceptance of applications for employment;

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

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 the interpretation or application of this chapter and any rules adopted hereunder.

The city council may wish to include within the scope of the rules and regulations such personnel matters as vacation, holidays, sick leave benefits and overtime.

(Ord. 374-91 § 1 (part), 1991)

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. Examinations may be used and conducted to aid 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 combination of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.

In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor.

Appointments shall be made by the personnel officer upon recommendations of the head of the affected department.

When an appointment is to be made to a vacancy in the competitive service, the appointing officer may hire the best qualified person on the eligible list, order of appearance notwithstanding.

(Ord. 374-91 § 1 (part), 1991)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that the probationary period for police employees shall not be less than twelve months. During the probationary period, the employees may be rejected at any time without the right of appeal or hearing.

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 rules.

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. 374-91 § 1 (part), 1991)

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his 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.

Any other person holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(Ord. 374-91 § 1 (part), 1991)

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. 374-91 § 1 (part), 1991)

The personnel officer shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty calendar days, any regular employee. The action shall be taken in accordance with the personnel rules and regulations adopted pursuant to this chapter.

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

(Ord. 374-91 § 1 (part), 1991)

Any employee in the competitive service shall have the right to appeal to the personnel board any disciplinary action, or alleged violation of this chapter or any of the rules adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.

All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Ord. 374-91 § 1 (part), 1991)

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 or 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.

The order of lay-off of employees shall be established by the personnel rules. No regular or probationary employee shall be laid-off his position in any department, while any emergency, temporary or provisional employee is serving in the same class in that department.

Employees to be laid-off shall be given such prior notice as is reasonable under the circumstances.

The names of regular and probationary employees laid-off or demoted in lieu of lay-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 lay-off or demotion in lieu of lay-off was made.

Persons whose names are placed on reemployment lists in accordance with this section, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave.

(Ord. 374-91 § 1 (part), 1991)

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

(Ord. 374-91 § 1 (part), 1991)

No person in the competitive 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, age, religious creed, sex, handicap or because of the exercise of his rights under Section 3502 of the Government Code.

(Ord. 374-91 § 1 (part), 1991)

The city administrator 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 personnel rules and subsequent revisions and amendments thereof;

C. The preparation, conduct and grading of competitive 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. 374-91 § 1 (part), 1991)

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

(Ord. 374-91 § 1 (part), 1991)