Delano Municipal Code Ch. 2.48 Personnel Regulations

Footnotes:

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State Law reference— For statutory provisions authorizing cities to establish personnel or civil service systems, see Gov. Code §45000 et seq.

In order to establish an equitable 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 is adopted.

(Ord. 653 §2 (part), 1975).

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 or may recommend that such powers and duties be performed under contract as provided in Section 2.48.190 of this chapter. The personnel officer shall:

A. Attend all meetings of the personnel board and serve as its secretary;

B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council or the personnel board;

C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;

D. 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 city council;

E. Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the classified service. The plan, and any revisions thereof, shall become effective upon approval by the city council;

F. 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 classified service.

(Ord. 653 §2 (part), 1975).

There is created a personnel board which shall consist of a panel of seven members, to be appointed by the city council. From the seven member panel, a panel of five members shall be selected by the personnel officer to sit on the personnel board for any personnel matter.

(Ord. 1068 §1 (Exh. A (part)), 2001: Ord. 653 §2 (part), 1975).

At the expiration of each of the board members terms, a successor shall be appointed by the city council for a term of four years. The personnel board shall adopt rules of procedure and shall select a chairman from and among its members who shall act as presiding officer.

(Ord. 1068 §1 (Exh. A (part)), 2001: Ord. 653 §2 (part), 1975).

Vacancies on the board shall be filled by appointment by the city council for the unexpired term. Each member shall serve until his successor is appointed and qualified. A majority vote of the city council shall be required to appoint or remove a member of the personnel board.

(Ord. 653 §2 (part), 1975).

The term of office of the members of the personnel board shall be limited to two consecutive terms and for a maximum period not to exceed eight years.

(Ord. 555 §2 (part), 1970).

The function of the personnel board shall be to hear appeals submitted by any person in the classified service relative to any disciplinary action, dismissal, demotion, interpretation, or alleged violation of this chapter or the personnel rules as set forth in the personnel rules.

A five member panel of the personnel board shall meet on call of the chairman, the personnel officer, or a majority of the members of the board. A majority of the members of the five member panel of the board shall constitute a quorum for the transaction of business.

(Ord. 1068 §1 (Exh. A (part)), 2001: Ord. 653 §2 (part), 1975).

The personnel board shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested by the city clerk.

(Ord. 653 §2 (part), 1975).

Each member of the five member personnel board hearing a particular matter shall have the power to administer oaths to witnesses.

(Ord. 1068 §1 (Exh. A (part)), 2001: Ord. 653 §2 (part), 1975).

Hearings conducted by the personnel board shall be subject to the "Brown Act," Government Code Sections 54950 et seq., and shall be conducted in private if they pertain to the appointment, employment, dismissal, or disciplinary action of a city employee or pertain to the hearings of a complaint or charge brought against an officer or employee of the city, unless such officer or employee requests a public hearing. The body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by that body. The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(Ord. 653 §2 (part), 1975).

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

A. The city manager;

B. Elective officers;

C. Members of appointive boards, commissions and committees;

D. Department heads or other employee positions specifically exempted from the personnel rules and regulations;

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

F. Volunteer personnel, such as volunteer firemen;

G. City attorney;

H. Temporary employees;

I. 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;

J. Temporary or part-time positions.

(Ord. 1068 §1 (Exh. A (part)), 2001: Ord. 653 §2 (part), 1975).

Personnel rules shall be adopted by resolution of the city council after notice of such action has been sent to recognized employee organizations and publicly posted at least ten days prior to city council consideration. Amendments and revision 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:

A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the classified 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 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 and emergency appointments;

F. Evaluations of employees during the probationary period;

G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classified service;

H. Separation of employees from the city service;

I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;

J. The establishment of adequate personnel records;

K. The establishment of grievance and appeal procedures;

L. Other related matters deemed necessary for the proper functions of the organization and its employees.

(Ord. 570 §2 (part), 1972).

Any person holding a position included in the classified service who, on the effective date of the ordinance codified herein, has served continuously in such a position, or in some other position in the classified service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the classified 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 a position in the classified 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. 653 §2 (part), 1975).

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions except when specifically exempted therefrom by council resolution.

(Ord. 653 §2 (part), 1975).

Any employee in the classified service shall have the right to appeal to the personnel board any disciplinary action, interpretation or alleged violation of this chapter or the rules adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder. In the event an employee is subject to disciplinary action of a severe or serious nature, said employee may be accompanied by a representative of the recognized employee organization to which he belongs, including subsequent management conferences on the same grievance.

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. 653 §2 (part), 1975).

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 agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

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

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

C. The preparation of a plan of compensation, and subsequent revisions and amendments thereof;

D. The preparation, conduct and grading of competitive tests;

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

(Ord. 570 §2 (part), 1972).

Each of the provisions of this chapter are severable, and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force and effect.

(Ord. 653 §2 (part), 1975).