Clovis Municipal Code Art. 2 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 will be based on merit and fitness as determined by the competitive tests, and to provide a reasonable degree of security for qualified employees, a personnel system is adopted by provisions of this article.

(§ 1, Ord. 256; as amended by § 2, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

The City Manager, or his/her designee, shall be the City’s Personnel Officer. The duties of Personnel Officer may be combined with those of any other office or position. The Personnel Officer shall:

(a) Appoint an employee, which could include the Personnel Officer, to attend all meetings of the Personnel Commission and serve as its secretary;

(b) Administer all the provisions of this article and of the personnel rules not specifically reserved to the Council or the Personnel Commission;

(c) 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;

(d) Under the direction of the Council, prepare a position classification plan, including class specifications and revisions of the plan. The plan, and any revision thereof, shall become effective upon approval by the Council; and

(e) 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 revision thereof, shall become effective upon approval by the Council.

(§ 2, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018)

(a) Created. The Personnel Commission is hereby established and shall consist of seven (7) members who shall be residents of the City.

(b) Terms of office. Personnel Commissioners shall serve for four (4) years each with the terms and appointments being staggered such that three (3) positions and four (4) positions, respectively, are appointed every two (2) years.

(c) Chairman. The Personnel Commission shall annually, in the month of May or as soon as practical thereafter, select a chairman from among its members who shall act as presiding officer.

(d) Appointment. All members of the Personnel Commission shall be appointed by a majority vote of the Council.

(e) Vacancies. Vacancies on the Personnel Commission shall be filled by appointment for the unexpired term.

(f) Removal from office. A member of the Personnel Commission may be removed from office at any time by a majority vote of the entire membership of the Council.

(§ 3, Ord. 256; as amended by § 1, Ord. 460, eff. December 4, 1968; § 1, Ord. 73-12, eff. May 2, 1973; § 1, Ord. 74-13, eff. June 5, 1974; § 1, Ord. 78-33, eff. September 6, 1978; §§ 1 and 2, Ord. 96-5, eff. April 3, 1996; § 1, Ord. 18-24, eff. November 14, 2018)

(a) Order of business. Meetings of the Commission, or any committee of the Commission, shall be conducted in accordance with such rules and procedures as may be adopted by the Personnel Commission.

(b) Time. The Personnel Commission shall meet regularly if so required by the rules, or when meetings are called by the chairman, by any two (2) members of the Personnel Commission, or by the Personnel Officer or his/her designee.

(c) Quorum. Four (4) members of the Personnel Commission shall constitute a quorum for the transaction of business except as follows:

(1) Five (5) members of the Commission shall hear an appeal of a disciplinary termination of employment. Two (2) members shall be designated by the Personnel Officer, two (2) members shall be designated by the appellant, and those four (4) designated members of the Commission shall designate the fifth member of the Commission for the termination appeal.

(2) Three (3) members of the Commission shall hear an appeal of any other appealable disciplinary action and shall hear grievances that come before the Commission. One member shall be designated by the Personnel Officer, one shall be designated by the appellant or grievant, and those two (2) designated members of the Commission shall designate the third member of the Commission for the appeal or hearing.

(3) A committee of three (3) members of the Commission shall conduct employment candidate interviews, unless otherwise determined to be unnecessary by the Personnel Officer.

(d) Compensation. Each member of the Personnel Commission shall receive as compensation for attendance at Personnel Commission meetings the sum of forty-five and no/100ths dollars ($45.00) per meeting unless such individual is prohibited from receiving by other applicable laws.

(§ 4, Ord. 256; as amended by § 1, Ord. 77-45, eff. October 1, 1977; § 1, Ord. § 85-3, eff. April 13, 1985; § 4, Ord. 96-5, eff. April 13, 1996; § 1, Ord. 00-14, eff. July 1, 2000; § 3, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 07-09, eff. March 22, 2007; § 1, Ord. 14-15, eff. October 15, 2014; § 1, Ord. 18-24, eff. November 14, 2018)

The Personnel Commission shall have the following powers and duties:

(a) As provided for in this article and in the Personnel Rules and Regulations, to hear appeals required to be heard by the Commission;

(b) In any investigation or hearing conducted by the Personnel Commission, to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the City and attested by the City Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena shall subject such person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the Personnel Commission shall have the power to administer oaths to witnesses;

(c) When requested by the Council, to hold hearings and make recommendations on any matter of personnel administration within the limits of the request of the Council; and

(d) To conduct oral interviews so designated by the Personnel Officer.

(§ 4, Ord. 256; as amended by § 4, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

All examinations shall be conducted in accordance with the processes defined in the City of Clovis Personnel Rules and Regulations.

(§ 4 (e), Ord. 256; as amended by § 1, Ord. 298; § 5, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

Competitive service shall be defined by the City of Clovis Personnel Rules and Regulations, and shall include all offices, positions, and employment in the service of the City, except as follows:

(a) The City Manager, the City Attorney, management personnel in the City Manager’s office, department heads, and any position which is the functional equivalent of those listed in this subsection (“exempt employees”). Exempt employees may be hired, selected, promoted, demoted, receive increases or decreases in compensation, or be terminated without cause and for any reason or for no reason. The City Manager may act to complete individual employment and separation agreements with exempt employees. The City Council may, by resolution, list the positions by title or other description that are exempt from the competitive service;

(b) Temporary and hourly employees;

(c) Persons employed under contract to supply expert, professional, or technical services for a definite period of time;

(d) Volunteer personnel, including, but not limited to, reserve police officers who receive no regular compensation from the City;

(e) Elective positions;

(f) Positions on appointed boards, commissions and committees.

The provisions of this section are declarative of existing law and existing City practice.

(§ 5, Ord. 256; as amended by § 1, Ord. 306; § 1, Ord. 315; § 1, Ord. 345; § 1, Ord. 441, eff. March 20, 1968; § 1, Ord. 71-1, eff. February 17, 1971; § 1, Ord. 78-43; § 1, Ord. 78-44, eff. October 18, 1978; § 1, Ord. 80-20, eff. August 20, 1980; § 1, Ord. 94-5, eff. February 17, 1994; § 1, Ord. 18-24, eff. November 14, 2018)

Personnel rules, prepared by the Personnel Officer subject to the provisions of this article, shall be adopted by resolution of the Council and shall establish specific procedures and regulations governing the personnel system of the City of Clovis, including, but not limited to, appointments, examinations, classifications of positions and classes, compensation, benefits, probation, discipline, promotions, demotions, separation of service and other provisions required by law, unless otherwise noted in this article.

(§ 6, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018)

The Council and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, layoffs, and suspend or dismiss employees shall retain such power subject to the provisions of this article and the personnel rules.

(§ 7, Ord. 256; as amended by §§ 1 and 2, Ord. 395, eff. March 9, 1966; § 1, Ord. 459, eff. November 6, 1968; § 1, Ord. 76-20, eff. July 7, 1976; § 1, Ord. 96-15, eff. October 3, 1996; § 6, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018)

(a) All employees of the City. No person holding an office or employment in the City may:

(1) Become a candidate for any elective municipal office of the City unless, on or before submitting a candidate intention statement (Form 501) with the Fair Political Practices Commission, or the filing of nomination papers, whichever is earlier, such person takes a leave of absence from their position in the competitive service and remains on leave of absence until after the election at which such person is a candidate. Any such person shall be automatically placed on leave of absence on the date they submit a candidate intention statement (Form 501) with the Fair Political Practices Commission, or file nomination papers, whichever is earlier. Any person required to take leave of absence pursuant to this section shall be entitled to such leave of absence without pay, as a matter of right, and, further, such person may utilize any vacation with pay to which they might be entitled during any such period of absence; or

(2) While on duty during their regular working hours or while in any uniform denoting their status as an employee of the City:

(i) Take an active part in any political campaign; or

(ii) Seek signatures to any petition provided by law.

(b) Appointed officers, employees, and board members. No person, other than a Council member, holding an office or employment in the City under appointment by the Council, and no member of any board or commission who has been appointed to such board or commission by the Council, may seek election to the Council without first resigning his appointive position. Any person so appointed who submits a candidate intention statement (Form 501) with the Fair Political Practices Commission or files nomination papers without first resigning their appointive position shall be automatically terminated in such appointive position on the date the candidate intention statement (Form 501) is submitted to the Fair Political Practices Commission, or the date nomination papers are filed, whichever is earlier.

(§ 15, Ord. 256; as amended by § 1, Ord. 73-13, eff. May 2, 1973; § 10, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 16-17, eff. October 6, 2016; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.217)

The provisions of this article shall not prevent any officer or employee from:

(a) Becoming or continuing to be a member of a political club or organization;

(b) Attendance at a political meeting;

(c) Enjoying entire freedom from all interference in casting his vote;

(d) Seeking or accepting election or appointment to public office while on leave of absence;

(e) Seeking signatures to any initiative or referendum petition directly affecting his rate of pay, hours of work, retirement, civil service, or other working conditions; or

(f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when he is dressed in the uniform required in any department of the City.

(§ 16, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.218)

No officer, agent, clerk, or employee of the City and no candidate for any City office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever from anyone on the employment lists or holding any position pursuant to the provisions of this article.

No officer or employee of the City shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions from any person other than an officer or employee in the City.

(§ 18, Ord. 256; as amended by § 11, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.219)

No person seeking employment with the City, and no person in the employment of the City, shall be favored or discriminated against based upon a protected class or the exercise of a protected belief nor will such person be discriminated or harassed as further described in City policy or City Personnel Rules and Regulations.

(§ 17, Ord. 256; as amended by § 12, Ord. 06-44, eff. December 6, 2006; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.220)

The Council may contract with any qualified person or agency for the performance of such technical services as may be desired in the establishment or operation of the personnel system. The contract may include the delegation to the person or agency so retained of all or part of the responsibilities and duties imposed in this article upon the Personnel Officer, but shall not include the delegation of powers and duties vested in the Council or Personnel Commission.

(§ 19, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.221)

The Council shall appropriate such funds as are necessary to carry out the provisions of this article.

(§ 20, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.222)

(a) Misdemeanors. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor.

(b) Discharge from duty. The violation of any provision of Section 2.2.210, 2.2.212, or 2.2.213 shall be grounds for the discharge of any officer or employee.

(§§ 16 and 21, Ord. 256; § 1, Ord. 18-24, eff. November 14, 2018. Formerly 2.2.223)