Cypress Municipal Code Ch. 18 Personnel

Editor's note: Ord. No. 556, adopted August 25, 1975, amended Ch. 18 to read as set out in §§ 18-1—18-11. Former Ch. 18, §§ 18-1—18-23, also pertained to personnel and was derived from Ord. No. 177 and Ord. No. 315.

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 personnel system set out in this chapter is adopted.

(Ord. No. 556, § 1, 8-25-75)

The provisions of this chapter shall apply to all offices, positions and employments in the service of city/district, except the following:

(a) Elective officers;

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

(c) Persons engaged under contract to supply expert, professional or technical services;

(d) Volunteer personnel (such as volunteer firemen);

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

(f) The city manager;

(g) The city attorney;

(h) Heads of departments; and

(i) Assistants to the city manager, whether executive or clerical, as designated by the city manager.

(j) Persons whose appointment to a position is temporary, emergency or provisional.

(Ord. No. 556, § 1, 8-25-75; Ord. No. 696, 10-12-82)

The city manager shall be the personnel officer. The city 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 city and may recommend that such powers and duties be performed under contract.

(Ord. No. 556, § 1, 8-25-75)

The personnel officer shall have the following powers and duties:

(a) To attend all meetings of the city council of which notice is given to the personnel officer that personnel matters are to be considered;

(b) To administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;

(c) To prepare and recommend to the city council revisions and amendments to the personnel rules;

(d) To prepare a position classification plan, including class specifications, and revisions of the plan, which plan, and any revisions thereof, shall become effective upon approval of the city council;

(e) To prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service, which plan, and any revisions thereof, shall become effective upon approval by the city council; and

(f) To 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 and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(Ord. No. 556, § 1, 8-25-75)

The functions of the city council regarding personnel matters shall be as follows:

(a) As provided by this chapter and by the personnel rules, to hear appeals submitted by any person in the competitive service relative to any disciplinary action, and to certify its findings and recommendations as provided in the personnel rules; and

(b) To investigate, hold hearings and take action on any matter of personnel policy.

(Ord. No. 556, § 1, 8-25-75)

Personnel rules shall be adopted, and may be amended from time to time, by resolution of the city council. The rules shall establish specific procedures and regulations governing the following phases of the personnel system:

(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) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

(c) Public announcement of all tests and the acceptance of applications for employment;

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

(e) Certification and appointment of persons from employment lists, and the making of provisional, temporary and emergency appointments;

(f) Evaluation of employees during the probationary period;

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

(h) Separation of employees from the city service through layoff, suspension and discharge;

(i) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;

(j) Suitable provision for orderly and equitable presentations to the personnel officer and the city council by employees relating to general conditions of employment; and

(k) Content, maintenance and use of personnel records and forms.

(Ord. No. 556, § 1, 8-25-75)

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

(Ord. No. 556, § 1, 8-25-75)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged or in any way favored or discriminated against because of political opinions or affiliations, or because of race, color, ancestry, national origin, religious belief, sex or age. The personnel officer shall provide for the establishment of programs, including trainee programs designed to attract and utilize persons with minimal qualifications, but with potential for development, to provide career development opportunities among members of such disadvantaged groups as handicapped persons, returning veterans, women, or other minority group representatives as may be designated by the personnel officer. Such programs may provide for regular appointment upon satisfactory completion of the training period and satisfactory completion of an open competitive examination.

(Ord. No. 556, § 1, 8-25-75)

No person holding an office or employment in the competitive service shall:

(a) Directly, or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the City of Cypress or from persons on the employment lists of the City of Cypress. Nothing in this section prohibits an officer or employee of the City of Cypress from communicating through the mail or by other means requests for political funds or contributions to a significant segment of the public which may include officers or employees of the City of Cypress;

(b) Participate in political activities of any kind while in uniform;

(c) Engage in political activities during the employee's normal working hours, or the city/district's normal business hours; or

(d) Engage in political activities on city premises (except in connection with political organizations that have received council approval to hold a meeting on city premises).

(Ord. No. 556, § 1, 8-25-75; Ord. No. 710, § 1, 6-27-83)

This chapter does 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 a public office other than an elective office in the city;

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

(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 government.

(Ord. No. 556, § 1, 8-25-75)

No officer, agent, clerk or employee under the government 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 purpose whatsoever from anyone on the employment lists or holding any position under the provisions of this chapter.

No officer or employee in the competitive service 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 competitive service.

(Ord. No. 556, § 1, 8-25-75)

§ 18-12. through § 18-21. (Reserved)

(a) Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City of Cypress; provided, however, that the personnel officer may disregard such conviction if it is found and determined by such personnel officer that mitigating circumstances exist. In making such determination, the personnel officer shall consider the following factors:

(1) The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;

(2) The nature and seriousness of the offense;

(3) The circumstances surrounding the conviction;

(4) The length of time elapsed since the conviction;

(5) The age of the person at the time of the conviction;

(6) The presence or absence of rehabilitation or efforts at rehabilitation;

(7) Contributing social or environmental conditions.

(b) The personnel officer shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.

(Ord. No. 600, § 1, 7-11-77)