Dana Point Municipal Code Ch. 2.60 Personnel System

In order to establish an equitable and uniform procedure for dealing with personnel matters and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted.

(Amended by Ord. 23-07, 11/7/2023)

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

(Amended by Ord. 23-07, 11/7/2023)

The City Manager shall administer the City personnel system and may delegate any of the powers and duties of such administration 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 2.60.120. The City Manager shall:

(a) Act as the appointing authority for the City in accordance with Section 2.08.060(b) of the Municipal Code;

(b) Administer all the provisions of this Chapter and of the personnel policies and procedures not specifically reserved to the City Council;

(c) Prepare or cause to be prepared personnel policies and procedures and revisions. The City Attorney shall approve the legality of such policies and procedures and revisions prior to their submission and to their implementation;

(d) Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates and employee benefit programs;

(e) Prepare, or cause to be prepared, a position classification plan, including class specifications, and revisions of the plan;

(f) Prepare, or cause to be prepared, a plan of compensation, and revisions thereof, covering all classification titles for authorized City positions. The plan and any revisions thereof shall become effective upon approval of the City Council;

(g) Have the authority to discipline employees in accordance with this Chapter and the personnel policies of the City;

(h) Provide for the recruitment and selection of City employees based upon open or promotional recruitments and perform any other duty that may be required to administer the personnel system.

(Amended by Ord. 23-07, 11/7/2023)

The provisions of this Chapter shall apply to all offices, positions, and employments in the service of the City which offices, positions and employments shall be in the competitive service, except this Chapter shall not apply to:

(a) Members of the City Council;

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

(c) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time;

(d) Volunteer personnel, who receive no regular compensation from the City;

(e) City Attorney, City Clerk, City Manager, City Treasurer, and/or Assistant City Manager;

(f) Department Heads and other management positions so designated by the City Manager;

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

(h) Employees, other than those listed elsewhere in this Section, who are not regularly employed in positions. "Regularly employed in positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than 40 hours per week and has successfully completed the probationary period and been retained as provided in this Chapter and the personnel policies;

(i) Any position primarily funded under a State or Federal employment program;

(j) Any new position hereafter created by the City Council, unless declared by the City Council to be in the classified service at the time of creation or thereafter.

(Amended by Ord. 23-07, 11/7/2023)

Personnel policies shall be prepared and may be amended from time to time by the City Manager, subject to review by the City Council. Any policy matters involving the commitment of financial resources shall be recommended and must be approved by the City Council prior to implementation. The policies shall govern the personnel system, including, but not limited to:

(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) Open and promotional recruitments to fill regular positions;

(d) The making of temporary and emergency appointments;

(e) Establishment of probationary testing periods;

(f) Transfer, promotion, demotion, and reinstatement of employees;

(g) Evaluation of the job performance of employees;

(h) Separation of employees from the City service;

(i) Content, maintenance, and use of personnel records and forms;

(j) The establishment of any necessary appeal procedures.

(Amended by Ord. 23-07, 11/7/2023)

(a) Appointments to vacant positions in the competitive service shall be made in accordance with the personnel policies. Appointments and promotions shall be based on merit and fitness, free of personal and political considerations, and in no way shall be affected or influenced by race, religious creed, color, national origin, ancestry, sex, marital status, age, sexual orientation, or medical condition, or physical or mental disability, unless based upon a bona fide occupational qualification.

(b) 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.

(Amended by Ord. 23-07, 11/7/2023)

All regular appointments, including promotional appointments, shall be for a probationary period in accordance with applicable provisions of the personnel policies. Determinations as to satisfactory completion or extension of said period, and/or rejection of an employee during said period, shall also be consistent with the applicable provisions of the personnel policies and procedures.

(Amended by Ord. 23-07, 11/7/2023)

Any person holding a position in the competitive service who, on the effective date of this Chapter, shall have served continuously in such position, or in some other position in the competitive service for period equal to the probationary period prescribed in the personnel policies and procedures for their 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 policies and procedures.

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 personnel policies and procedures before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

All employees as defined under this Section are employed subject to the personnel system established herein which, in accordance with Government Code Section 53291, supersedes any other system.

(Amended by Ord. 23-07, 11/7/2023)

The City Manager or any appointing authority 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 policies. All appeals shall be processed in accordance with the requirements and procedures set forth in the personnel policies.

(Amended by Ord. 23-07, 11/7/2023)

Layoff and reemployment actions shall follow the process outlined in the personnel policies.

(Amended by Ord. 23-07, 11/7/2023)

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

(Amended by Ord. 23-07, 11/7/2023)

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 Chapter.

(Amended by Ord. 23-07, 11/7/2023)

The Council shall appropriate such funds as are necessary to carry out the provisions of this Chapter.

(Amended by Ord. 23-07, 11/7/2023)

Whenever in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for a position involved no longer exists, the Council may abolish any position or employment in the classified service and discharge the employee or officer holding such position or employment.

(Added by Ord. 89-27, 11/21/89; amended by Ord. 23-07, 11/7/2023)