Coalinga Municipal Code Art. 3 Personnel System

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Editor's note— Sections 2-4.301 through 2-4.318, codified from Ordinance No. 415, as amended by Ordinance No. 526, repealed and replaced by Ordinance No. 540, effective January 16, 1988.

In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the personnel system set out in this article is hereby adopted.

(Ord. 540, eff. January 16, 1988)

The terms used to administer the personnel system shall be defined in the personnel rules.

(Ord. 540, eff. January 16, 1988)

The City Manager shall administer the city personnel system and may delegate any of the powers and duties to a Personnel Director or may delegate the appointing authority granted by the City Council 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 2-4.315 of this article. The City Manager shall:

(a) Act as the appointing authority for the City for all employees except as otherwise provided by law;

(b) Administer all the provisions of this article 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;

(e) Have the authority to discipline employees in accordance with this article and the personnel rules of the city;

(f) 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; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system.

(Ord. 540, eff. January 16, 1988)

The provisions of the article shall apply to all offices, positions and employments in the service of the City, except:

(a) Elective officers;

(b) The City Manager and any assistants to the City Manager;

(c) The City Attorney and any assistant or deputy city attorneys;

(d) Members of appointive boards, commissions, and committees;

(e) All department heads not in the competitive service as of the date of the ordinance codified in this article;

(f) Persons engaged under contract to supply expert, professional, technical or any other services;

(g) Volunteer personnel, such as volunteer firemen;

(h) All Council appointed city officers;

(i) 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;

(j) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than 1,040 hours per year, and has successfully completed the probationary period and been retained as provided in this article and the personnel rules;

(k) Any position primarily funded under a state or federal employment program;

(l) Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority.

(Ord. 540, eff. January 16, 1988)

Personnel rules shall be adopted by resolution of the City Council. The rules may 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) Appropriate announcement of the selection process 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, and the making of provisional appointments;

(e) Establishment of probationary testing periods;

(f) Evaluation of employees during the probationary testing period and thereafter;

(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 and maintenance of adequate personnel records for purposes of accounting and legal requirements;

(j) The establishment of any necessary appeal procedures.

(Ord. 540, eff. January 16, 1988)

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 combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination.

In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City.

(Ord. 540, eff. January 16, 1988)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year. After written notice the appointing authority may extend such probationary period up to six additional months. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work the number of days absent shall be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure.

If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Officer or his/her designee a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed a regular employee.

(Ord. 540, eff. January 16, 1988, Ord. 683, § 1, eff. May 2, 2003)

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this article, 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 article and the personnel rules.

Any other persons 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. 540, eff. January 16, 1988)

The City Manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel rules.

(Ord. 540, eff. January 16, 1988)

There is created a Committee for Employee Appeals consisting of three members, to be appointed by the City Council for four-year terms. Members of the Committee who are serving on the effective date of the ordinance codified in this Article shall continue in that capacity until the completion of their respective terms. At the expiration date of each of the terms so provided for, a successor shall be appointed by the City Council for a term of two years. The successor Committee shall adopt rules of procedures and shall select a chairman from among its members who shall act as presiding officer.

Vacancies on the Committee shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until his successor is appointed and qualified. A majority vote of the City Council shall be required to appoint or remove a member of the Committee.

Members of the Committee shall be residents of this City. No person shall be appointed to the Committee who holds any salaried office or employment with this City.

The Committee 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 issued in the name of the City and attested by the City Clerk.

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

(Ord. 540, eff. January 16, 1988, as amended by § 1, Ord. 692, eff. June 5, 2004)

The Committee for Employee Appeals shall determine the order of business for the conduct of its meetings, and shall meet in accordance with the procedures set forth in the personnel system rules.

The Committee, as provided by this article and by the rules, shall hear appeals submitted by any person in the competitive service relative to any disciplinary action of dismissal, demotion, reduction in pay or suspension, or alleged violation of this article, and to certify its findings and recommendations as provided in the personnel system rules.

(Ord. 540, eff. January 16, 1988, as amended by § 2, Ord. 692, eff. June 5, 2004))

Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this article or the rules adopted thereunder.

All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this article.

(Ord. 540, eff. January 16, 1988)

Lay-off and reemployment actions shall follow the process outlined in the personnel rules.

(Ord. 540, eff. January 16, 1988)

The political activities of city employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law.

(Ord. 540, eff. January 16, 1988)

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 article:

(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 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. 540, eff. January 16, 1988)