Costa Mesa Municipal Code Art. 1 Purpose, Rules and Retirement

In order to formalize an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to ensure that appointments and promotions of employees will be based on the merit principal and fitness; and to provide a reasonable degree of security for qualified employees; the following personnel system is hereby adopted.

(Code 1960, § 2700; Ord. No. 98-3, § 1, 2-2-98)

There is hereby established the position of administrative services director for the city. The personnel system established by this chapter shall be administered by the city manager who shall be the ex-officio personnel officer. The city manager may delegate any of the powers and duties conferred upon him as exofficio 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.

(Code 1960, § 2701; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 03-7, § 1, 6-16-03)

The administrative services director shall:

(a) Administer all of the provisions of this chapter and of the personnel rules.

(b) Prepare and recommend revisions and amendments to the personnel rules, such revisions and amendments to be submitted to the city council for adoption.

(c) Maintain and administer a position classification plan, including class specifications and revisions of the plan.

(d) Prepare or cause to be prepared a plan of compensation and revisions thereof covering all classifications. Positions having similar duties and/or levels of responsibility shall be classified and compensated on a uniform basis.

(Code 1960, § 2701; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 99-8, § 1, 6-7-99)

The city council, upon recommendation of the administrative services director, may contract with any qualified person or agency for the performance of such technical services as may be necessary for the effective operation of the personnel system.

(Code 1960, § 2701; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 99-8, § 2, 6-7-99)

All offices and positions of the city are divided into the classified service and exempt service.

(Code 1960, § 2702; Ord. No. 98-3, § 1, 2-2-98)

The exempt service shall include the following:

(a) All elected officials and members of board and commissions;

(b) The city manager, city attorney and city treasurer;

(c) All department heads hired after March 1, 1998;

(d) Architects, consultants, counsel and others rendering temporary professional services;

(e) Voluntary personnel and personnel appointed to service without pay;

(f) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood or earthquake which threatens life or property;

(g) Such other positions involving seasonal or part-time employment; and

(h) Any new position hereafter created at the department head level, if it is specified as exempt by the city council at the time of creation.

(Code 1960, § 2702; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 03-7, § 1, 6-16-03)

The classified service shall include all other positions that are not specifically classified in the exempt service by this chapter.

(Code 1960, § 2702; Ord. No. 98-3, § 1, 2-2-98)

The provisions of this chapter and of the personnel rules shall be applied only to the classified service unless otherwise specifically provided.

(Code 1960, § 2702; Ord. No. 98-3, § 1, 2-2-98)

The personnel rules are to supplement this chapter and are to be prepared by the administrative services director and adopted by the city council by resolution. These rules may be amended from time to time by the adoption of a resolution by the city council.

(Code 1960, § 2703; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 99-8, § 3, 6-7-99)

Rules may be formulated as necessary and proper to carry out the intent and purpose of this chapter, and rules must be formulated to establish specific procedures to conform with the following phases of the personnel system:

(a) The preparation, installation, revision and maintenance of a position classification plan covering all positions in the classified service.

(b) The formulation of guidelines for the minimum standards and qualifications for each class of positions.

(c) The public announcement of vacancies and examinations and the acceptance of applications for employment.

(d) The preparation and conducting of examinations and the establishment and use of employment lists containing names of persons eligible for employment.

(e) The certification and appointment of persons from employment lists to fill vacancies and the making of acting and emergency appointments.

(f) The evaluation of employees during the probation period and at least annually thereafter.

(g) The transfer, promotion, demotion and reinstatement of employees in the personnel system.

(h) The separation from the service of employment through layoff, dismissal, suspension and termination and incapacity to perform required duties.

(i) The development of work schedules, attendance and leave regulations, working conditions and the development of employee training programs.

(j) The maintenance and use of necessary records and forms.

(k) Suitable provision for orderly and equitable presentation to the city council by employee of matters relating to general conditions of employment.

(l) The establishment of criteria for employee representation and establishing limitations and prohibitions in connection therewith.

(m) The criteria for determining management personnel.

(Code 1960, § 2703; Ord. No. 98-3, § 1, 2-2-98)

Prior to any consideration by the city council of any proposed rule amendment, or revision of rules, the rule amendment or revision of rules shall be provided to the respective employee organizations with a notice that they have 10 days to respond to the proposed rule amendment or revision of rules with their comments or to request the opportunity to meet and confer on the proposed changes. If the employee organizations do not notify the city of their request to meet and confer on the proposed rule changes within 10 days of the date of the notice of said changes they will be deemed as having waived their right to meet and confer regarding such notice changes.

(Code 1960, § 2703; Ord. No. 98-3, § 1, 2-2-98)

(a) Appointments to vacant positions in the classified 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 shall be used and conducted to aid in the selection of qualified employees and shall consist of recognized selection techniques which will test fairly the qualifications of candidates. Examinations may include, but are not limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination thereof. In any examination, the personnel officer may set standards therefor. Physical and/or medical tests may be given to those applicants who are offered employment with the city, and such offers of employment may be contingent upon the successful completion of the physical or medical tests.

(b) Appointments to the classified service shall be made by the appointing authority subject to the approval of the city manager.

(c) Vacant positions in the classified service may be filled only by appointment from an eligibility list, by acting appointment, by transfer, by reinstatement or demotion.

(d) In the absence of an appropriate eligibility list, an acting appointment may be made by the appointing authority. An eligibility list shall be established within six months for any permanent position filled by acting appointment. No person shall be employed by the city under acting appointment for a total of more than six months in any fiscal year, except that the city manager may extend the period of any acting appointment for successive thirty-day periods with notification to the city council for such extension.

(e) Appointment to emergency or seasonal positions may, but need not be, made from eligibility lists and those appointments shall not be in the classified service.

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

(Code 1960, § 2704; Ord. No. 98-3, § 1, 2-2-98)

(a) Tenure of employees in the classified service shall be subject to good behavior, satisfactory work performance, necessity for the performance of work and the availability of funds.

(b) All regular appointments, including promotional appointments, shall be subject to a probationary period. During the probationary period, the employee may be rejected at any time, for any reason or for no reason, without the right of appeal or hearing.

(c) 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 city service as provided in this chapter and the rules.

(Code 1960, § 2705; Ord. No. 77-63, § 2, 1-3-78; Ord. No. 98-3, § 1, 2-2-98)

(a) Any person holding a position included in the classified service who, on February 7, 1969, shall have served the completed probationary period in such position or in some other position included in the classified service shall assume regular status in the classified service in the position held on such date without a qualification examination or working test, and shall thereafter be subject, in all respects, to the provisions of this chapter and personnel rules.

(b) Any other person holding a position in the classified service shall be regarded as holding his position or employment as a probationer who is serving out the balance of this probationary period before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(Code 1960, § 2706; Ord. No. 98-3, § 1, 2-2-98)

(a) Any appointing authority shall have the right for cause to demote, dismiss, reduce in pay or suspend without pay for not more than 30 calendar days any person holding a position of employment made in the classified service. Notice of intent of such demotion, dismissal, reduction in pay, or suspension must be in writing and served personally on such employee. The employee shall have five days within which to respond orally or in writing to the charges in the notice of intent to demote, dismiss, reduce in pay or suspend without pay for more than five days, or salary reductions of more than one pay period. Employees shall not be entitled to the notice of intent or the five-day response period for lesser discipline.

(b) 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.

(c) The provisions of this section shall not apply to those positions expressly designated as "at-will" as provided in section 2-224.5 of the Code. At-will employment can be terminated without cause, without notice and without right to appeal at any time.

(Code 1960, § 2708; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 03-7, § 1, 6-16-03)

(a) Any employee in the classified service shall have the right to appeal to the city manager. 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 or applicable memorandum of understanding as approved by city council, except in instances where the right of appeal is prohibited by this chapter.

(b) Nothing in this chapter shall preclude any employee or public agency from seeking redress under the law after having followed the appeal procedures provided for herein.

(c) The provisions of this section shall not apply to those positions expressly designated as "at-will" as provided in section 2-224.5 of the Code. At-will employment can be terminated without cause, without notice and without right to appeal at any time.

(Code 1960, § 2709; Ord. No. 98-3, § 1, 2-2-98)

The political activities of city employees shall conform to pertinent provisions of state law. The violation of any provisions of this law shall be grounds for discharge of any officer or employee.

(Code 1960, § 2710; Ord. No. 98-3, § 1, 2-2-98)

There shall be no discrimination against any person seeking employment or against any employee in the classified service because of any considerations of religious or political affiliation or belief, membership in or attitude toward an employee organization, ethnic or geographical origin or race, sex, sexual orientation, disability or for any other unlawful reason.

(Code 1960, § 2711; Ord. No. 98-3, § 1, 2-2-98)

(a) Any employee of the city shall have the right to join or associate with an employee organization, have the right of individual representation, or have the right to refuse to join or participate in any employee organization.

(b) Neither the city nor any organization representing employees within the city shall interfere with, intimidate, restrict, coerce or discriminate against any public employee because he has joined or refused to join any employee organization.

(Code 1960, § 2712; Ord. No. 98-3, § 1, 2-2-98)

Whenever, in the judgment of the city council and upon recommendation of the city manager, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the city council may abolish any position or employment in the classified service and the employee holding such a position may be laid off effective 30 days after notice in writing, exclusive of any vacation period accrued, without the right of appeal. The name of such employee so laid off shall be placed on the appropriate reemployment list as provided by the rules, or as specified by memorandum of understanding as approved by city council, or such employee may be re-appointed should such position or employment of any position involving all or a major portion of the same duties be reinstated or created within one year.

(Code 1960, § 2714; Ord. No. 98-3, § 1, 2-2-98)

The city council shall appropriate such funds as are necessary to carry out the provisions of this chapter and the personnel rules, provided that at the time of appropriation, the provisions of this chapter do not require actions which would be contrary to sound fiscal management.

(Code 1960, § 2715; Ord. No. 98-3, § 1, 2-2-98)

The purpose of these reciprocal provisions is to implement an agreement pursuant to California Government Code section 20042, entered into between the city council and the board of administration, Public Employees' Retirement System (PERS).

All provisions of this system are hereby amended to the extent necessary to provide the following obligations, rights and benefits with respect to members who become members of PERS or are members of PERS and become members of this system, provided that the termination of any entry into employment resulting in such membership change occurs within a period of six months.

(1) A member whose movement between systems occurs as herein specified shall have the right to elect to leave his accumulated contributions on deposit irrespective of the amount of such contributions or the length of service credited to him, such election to be irrevocable while membership in PERS continues.

(2) Age of entry for a person (entering) this system, for purposes of fixing member contribution rates in this system, shall be his age at entry into PERS membership.

(3) The average monthly salary during any period of service as a member of PERS shall be considered compensation earnable by a member of this system for purposes of computing final compensation for such member, provided he retires concurrently under both systems and is credited with such period of service under PERS at the time of retirement.

(4) Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under this system, shall also include service rendered as an officer or employee of PERS if the salary for such service constitutes compensation earnable by a member of this system.

(5) A member shall be retired for disability and receive a retirement allowance based on the service credited to him at the time of retirement during any period in which he received a disability retirement allowance under PERS, provided, that such allowance shall not exceed an amount which, when added to the allowance paid under PERS, equals the allowance which would be paid for a non-industrial disability if all the member's service has been credited under PERS, and provided further, that such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member's contributions, whether or not the disability is for industrial reasons.

(6) The death benefit for a member who dies from non-industrial causes as a member of PERS shall not exceed an amount which, when added to the death benefit paid for such member under PERS, equals the maximum death benefit payable under that system, provided however, that such death benefit shall be at least the amount of the accumulated contributions, and provided further, that if death is caused by industrial injury or disease while a member of PERS, the death benefit shall be the amount of the member's accumulated contributions.

(7) The governing body of this system shall, on the request of PERS, supply information and data necessary for administration of such system as it is affected by membership in and service credited under this system.

(8) Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the Public Employees' Retirement System, 1937 Act, county employees' retirement reciprocal provisions upon which they are based.

(9) These provisions shall apply only to a member whose termination and entry into employment resulting in a change in membership from this system to such other system or from such other system to this system occurred after such acceptance by the board or after the effective date specified in the agreement, provided however, that provisions relating to computation or final compensation shall apply to any other member if such provision would have applied as the termination and entry into employment occurred after such acceptance or determination by a system's governing board.

(10) All rights under this system are subject to modification as may be necessary to conform to amendments to the Public Employees' Retirement Law or the County Employees' Retirement Law of 1937, as provided in Government Code section 20042.

(Ord. No. 78-13, § 2, 2-21-78; Ord. No. 98-3, § 1, 2-2-98; Ord. No. 02-19, § 1, 11-18-02)

(a) The city council finds and determines that its employees have voted to participate in said PERS in lieu of and as replacing the city's pre-existing retirement plan and that city's and said employee's participation in said PERS is financially sound and beneficial to the general health, safety and welfare.

(b) That the city hereby adopts and agrees to participate in said PERS pursuant to contract and Government Code section 20000 et seq.

(Ord. No. 78-33, § 2, 8-7-78; Ord. No. 98-3, § 1, 2-2-98)