Chapter 2.36 — PERSONNEL

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 following personnel system is adopted.

(Ord. 610 § 1, 1974)

As used in this chapter, the following terms shall be defined as indicated:

(1)

"Appointing power" means the officers of the town who, in their individual capacities or as a board, commission or town council, have the final authority to make the appointment to the position to be filled.

(2)

"Class" means all positions sufficiently similar in duties, authority and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

(3)

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

(4)

"Days" means calendar days unless otherwise stated.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

"Part-time employee" means an employee who is employed by the town less than forty hours per week.

(10)

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

(11)

Personnel.

(A)

"Elected offices" means councilmen of the town.

(B)

"Unpaid personnel" means any person appointed by the council, manager, police or fire chief to serve the town without wage or salary, even though reimbursed for expenses.

(12)

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

(13)

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

(14)

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

(15)

"Provisional appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

(16)

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

(17)

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

(18)

"Temporary employee" means a person appointed to a position of limited duration.

(19)

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

(Ord. 610 § 2, 1974)

The town manager shall be the personnel officer. The town manager 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 town or may recommend that such powers and duties be performed under contract as provided in Section 2.36.150. The personnel officer shall:

(1)

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

(2)

Prepare and recommend to the town council personnel rules and revisions and amendments to such rules;

(3)

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 town council;

(4)

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 to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(Ord. 610 § 3, 1974)

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

(1)

The town manager and his assistants;

(2)

Elective officers;

(3)

Members of appointive boards, commissions and committees;

(4)

All department heads;

(5)

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

(6)

Volunteer personnel, such as volunteer firemen;

(7)

Town attorney;

(8)

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;

(9)

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

(Ord. 610 § 4, 1974)

Each and every department head is an at-will employee, serves at the pleasure of the town manager, and may be terminated without cause.

(Ord. 754 § 2, 1988)

Personnel rules shall be adopted by resolution of the town council after notice of such action has been publicly posted in at least three public places designated by the town council, and at least five days prior to town 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 town 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:

(1)

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;

(2)

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

(3)

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

(4)

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

(5)

Establishment of probationary periods;

(6)

Evaluation of employees during the probationary period;

(7)

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

(8)

Separation of employees from the town service;

(9)

The establishment of adequate personnel records;

(10)

The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.

(Ord. 610 § 5, 1974)

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 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 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 town council, or by the officer in whom the power to make appointments is vested.

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

The appointing power shall select that person from among the first three names appearing on the employment list whom he feels will best suit the needs of the position and the town. The appointing power may reject all three names for cause, in which case the selection shall be made from the next three names appearing on the employment list. Cause for rejection must be made in writing.

(Ord. 610 § 6, 1974)

All regular appointments, including promotional appointments, shall be for a probationary period of one year. During the probationary period, the employee 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 town

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. 610 § 7, 1974)

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, 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. 610 § 8, 1974)

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. 610 § 9, 1974)

Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay up to thirty calendar days any regular employee. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.

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. 610 § 10, 1974)

Any employee in the competitive service has the right of appeal to the town council any disciplinary action or alleged violation of this chapter 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 as set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Ord. 610 § 11, 1974)

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

The order of layoff shall be based on seniority, reckoned by total full-time employment with the town. An employee occupying a higher classification, whose position is eliminated, may elect to displace an employee in a lower classification provided that the two classifications are in the same general family of jobs and responsibilities, and provided that the basic qualifications of the lower position are met by the employee electing to fill the lower classification.

Employees to be laid off shall be given at least thirty calendar days' prior notice.

The names of regular and probationary employees laid off or demoted in lieu of layoff 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 layoff or demotion in lieu of layoff 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. 610 § 12, 1974)

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

(Ord. 610 § 13, 1974)

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, religious creed, sex or because of the exercise of his rights under Section 3502 of the Government Code.

(Ord. 610 § 14, 1974)

The town manager shall consider and make recommendations to the town council regarding the extent to which the town should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The town 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:

(1)

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

(2)

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

(3)

The preparation, conduct and grading of competitive tests;

(4)

The conduct of employee training programs;

(5)

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

(Ord. 610 § 15, 1974)