Concord Municipal Code Art. III Employment Procedures and Conditions

“Employee” includes appointive officers and those employed by the city, but does not include elected officers or those persons assigned to special positions in the exempt service.

(Code 1965, § 11301; Code 2002, § 50-141. Ord. No. 763)

Cross references: Definitions generally, § 1.05.100.

The city shall be an equal opportunity employer and shall comply with all laws prohibiting discrimination in employment.

(Code 1965, § 11302; Code 2002, § 50-142. Ord. No. 763; Ord. No. 85-42)

(a) The Council shall have authority to create and/or abolish positions in the city service.

(b) The incumbent of an abolished position may be laid off, transferred, or demoted as provided in the personnel rules. Such action shall not be subject to appeal.

(Code 1965, § 11303; Code 2002, § 50-143. Ord. No. 763)

(a) The following are to be assigned to the exempt service:

(1) Elective offices:

a. City Clerk;

b. City Treasurer.

(2) Appointive positions:

a. City Manager, Chief of Police, and their secretaries;

b. City Attorney, Assistant City Attorney, any Deputy City Attorney, and Executive Secretary-City Attorney;

c. All heads of departments;

d. Project position (positions created for projects funded entirely or in part by grants made to the city).

(3) Special positions:

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

b. Persons engaged under contract to supply expert, professional, or technical services for a definite period of time;

c. Voluntary personnel who receive no regular compensation from the city.

(b) The provisions of this division, personnel rules, personnel policy and procedure statements, or any Council resolution dealing with personnel matters shall apply to all offices, employments, and positions in the service of the city, except those in the exempt service. However, the provisions of this division, personnel policy and procedure statements, or any Council resolution dealing with personnel matters pertaining to hours of work, overtime, vacations, sick leave, and holidays shall apply to all full-time exempt positions, except for those in special positions. Further, that those appointed to full-time exempt positions may participate in promotional examinations as provided by the personnel rules if the recruitment standards of the class are met and the person has been employed full-time with the city for at least six months. This full-time employment does not include time spent in the limited service. Also, the provisions of section 2.40.180 shall apply to all but elective offices.

(Code 1965, § 11304; Code 2002, § 50-144. Ord. No. 763; Ord. No. 99-1; Ord. No. 812; Ord. No. 1205; Ord. No. 84-4; Ord. No. 88-20; Ord. No. 87-24; Ord. No. 871)

(a) The following kinds of positions are assigned to the limited service: temporary, part-time, student-trainee, and seasonal positions.

(b) The provisions of this division, personnel rules, personnel policy and procedure statements, or any Council resolution dealing with personnel matters, except the provisions pertaining to vacations, sick leave, holidays, and jury duty, or otherwise excluded, shall apply to those employees with noncompetitive status assigned to subsection (a) above.

(Code 1965, § 11305; Code 2002, § 50-145. Ord. No. 763)

All positions other than those assigned to the exempt service or limited service are to be regular positions and assigned to the competitive service.

(Code 1965, § 11306; Code 2002, § 50-146. Ord. No. 763)

(a) Appointments to vacant positions in the competitive service shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Appointments shall be made by the Council, the City Manager, or by the officer in whom the power to make appointments is vested by this division or by law.

(b) When appointment is to be made to a vacancy in the competitive service, the names of eligible persons willing to accept appointment shall be transmitted by the Human Resources Director to the appointing authority in the order in which they appear on the lists and as provided in the personnel rules.

(c) The appointing authority for positions in the competitive service shall be the head of the department in which the position exists. Such appointments shall be subject to approval by the City Manager.

(d) In the absence of appropriate employment lists for a position in the competitive service, a provisional appointment may be made by the appointing power of a person meeting the qualifications for employment for the position. An employment list shall be established within 12 months for any regular position filled by provisional appointment. No person shall be employed by the city under provisional appointment for a total of more than 12 months within any fiscal or calendar year (except that the Human Resources Director may extend the period of any provisional appointment not to exceed an additional six months). No special credit shall be allowed in any examination or the establishment of any employment or promotional lists for service rendered under a provisional appointment.

(e) Limited service appointments to temporary, part-time, student-trainee, and seasonal positions may, but need not, be made from eligible lists and those appointed shall not be in the competitive service. Appointments of this type shall include short-term employment for the replacement of employees on leave of absence or vacation, to meet workload peaks or emergencies, or for student-trainees or for work seasonal in nature.

(f) During the period of suspension of any employee, or pending final action or proceedings to review the suspension, demotion, or dismissal of an employee, the vacancy created may be filled by the appointing authority only by temporary appointment.

(g) If a position occupied by an employee in the exempt service is abolished, or if the incumbent of an exempt service position is removed from that position, the employee shall be given options under such displacement procedure as set forth in the city’s personnel rules, provided that such employee is not dismissed for cause and that the employee previously occupied a competitive service position with permanent status.

(h) The Council, City Manager, or any other officer in whom the power to make appointments is vested shall, within his jurisdiction, also have the power to make transfers, promotions, demotions, reemployments, reinstatements, layoffs, and to suspend or dismiss employees, and shall retain such powers subject to the provisions of this division and the personnel rules.

(Code 1965, § 11307; Code 2002, § 50-147. Ord. No. 763; Ord. No. 99-1; Ord. No. 88-9)

(a) All applicants for positions in the competitive service shall be subject to an appraisal of their qualifications as provided in the personnel rules.

(b) Examinations may be specified by the Human Resources Director as promotional only, as open only, or as both open and promotional. It shall be the policy of the Human Resources Director to encourage the general practice of promotion within the city service whenever, in the view of the Human Resources Director, a sufficient number of fully qualified candidates are available and such policy will continue to contribute to a sound and efficiently operating city organization.

(Code 1965, § 11308; Code 2002, § 50-148. Ord. No. 763; Ord. No. 99-1)

(a) The probationary period is to be considered and used as a continuation of the examination and selection process.

(b) All original and promotional appointments shall be for a designated probationary period of not less than six months nor more than two years as provided in the personnel rules concerning the class. During the probation period, the employee may be rejected by the appointing authority at any time without right of appeal or hearing.

(c) An employee rejected during the probationary period from a position to which the employee has been promoted shall return to the position and status from which he was promoted, unless the reason for rejection would have been sufficient to cause dismissal from the former position as well. In such case, the employee shall be entitled to appeal dismissal as provided in this division.

(d) An employee’s status shall be considered permanent upon completion of the probationary period only if the appointing authority reports to the Human Resources Director, prior to the end of the designated probation period, that the services of the employee have been satisfactory and that the employee is recommended for a permanent appointment; otherwise the appointing authority is to effect the termination of the probationary employee. Otherwise, the Human Resources Director is to initiate procedures to have the probationary employee released from probationary appointment prior to the end of its term. Once an employee satisfactorily completes a probationary appointment and thus attains permanent status in a class, this status is retained until status is acquired in another class or until employment is terminated as provided in this division and the personnel rules.

(Code 1965, § 11309; Code 2002, § 50-149. Ord. No. 763; Ord. No. 99-1)

(a) The city shall have the right to require all employees to complete and submit any applications, agreements, or statements pertinent to their employment.

(b) The city shall have the right to require a physical examination of any applicant for employment or new employee and, in addition, shall have the right to require periodic medical examinations of any city employee.

(c) (1) Pursuant to the provisions of Penal Code § 11105, the City Council finds that state summary criminal history information is necessary to assist the City Manager, the Human Resources Director, and department heads with appointing authority in fulfilling employment, certification, or licensing duties.

(2) Access to said state summary criminal history information is specifically authorized to the City Manager, Human Resources Director, and department heads with appointing authority when such criminal history information is required to implement employment, certification, and/or licensing duties that may be required to implement an ordinance, regulation, or resolution of the city.

(Code 1965, § 11310; Code 2002, § 50-150. Ord. No. 763; Ord. No. 1118; Ord. No. 99-1)

(a) An officer or employee of the city or a candidate for elective city office shall not directly or indirectly solicit political funds or contributions as directed by Government Code § 3205 as it may be amended from time to time.

(b) No officer or employee of the city shall participate in political activities of any kind while in uniform.

(c) During hours of employment, an officer or employee of the city shall not take an active part in any campaign for or against any candidate for an office of the city, or for or against any ballot measure relating to the recall of any elected official of the city.

(Code 1965, § 11311; Code 2002, § 50-151. Ord. No. 763; Ord. No. 1090; Ord. No. 99-1)

There shall be established, in the personnel rules, a definite procedure whereby any employee may secure proper hearing, through prescribed methods, relative to any alleged grievance the employee may have pertaining to an unfair or improper aspect of the employee’s employment situation, or any alleged violation of this division, the personnel rules, personnel policy and procedure statements, or any Council resolution relating to personnel matters, except in instances where the right of appeal is prohibited by this division.

(Code 1965, § 11312; Code 2002, § 50-152. Ord. No. 763; Ord. No. 99-1)

(a) There shall be established, in the personnel rules, a definite procedure whereby any permanent employee in the competitive service who has been suspended, demoted, dismissed, or reduced in pay shall be entitled to appeal the action.

(b) The provisions of this section shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure.

(Code 1965, § 11313; Code 2002, § 50-153. Ord. No. 763)

The Personnel Board shall conduct investigations and hearings and make decisions regarding grievances and appeals as provided by the personnel rules governing such procedures. Such hearings shall be informal and conducted fairly to ascertain the facts.

(Code 1965, § 11314; Code 2002, § 50-154. Ord. No. 763; Ord. No. 915)