Diamond Bar Municipal Code Ch. 2.20 Personnel

Footnotes:

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Editor's note— Ord. No. 3(2005), §§ 1, 2, adopted March 1, 2015, rescinded the former Ch. 2.20, §§ 2.20.010—2.20.130, and enacted a new Ch. 2.20 as set out herein. The former Ch. 2.20 pertained to similar subject matter. See Code Comparative Table for complete derivation.

In order to establish an equitable and uniform system 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 the merit; the following personnel system is adopted.

(Ord. No. 3(2005), § 2, 3-1-05)

The terms used to administer the personnel system shall be defined in the personnel rules and regulations.

(Ord. No. 3(2005), § 2, 3-1-05)

The city manager shall administer the city personnel system and may delegate any or all 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 2.20.060. The city manager shall:

(1) Act as the appointing authority for the city;

(2) Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the city council;

(3) Prepare or cause to be prepared personnel rules and regulations and revisions. The city attorney shall approve the legality of such rules and regulations prior to submission to the city council for approval;

(4) Recommend to the city council personnel policy issues involving financial commitments such as, but not limited to, pay rates authorization of positions and employee benefit programs;

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

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

(7) Have the authority to discipline employees in accordance with this chapter and the personnel rules and regulations of the city;

(8) Have the authority to terminate the employment relationship of an employee employed at-will without cause or right to appeal, at any time;

(9) Provide for the recruitment and selection of city employees based upon open or promotional recruitments; and

(10) Perform any other duty that may be required to administer the personnel system.

(Ord. No. 3(2005), § 2, 3-1-05)

The following offices, positions, and employments are not in the competitive service of the city and are considered to be "at-will":

(1) Elective officers;

(2) The city manager and any assistants or deputies to the city manager;

(3) The city attorney and any assistants or deputies to the city attorney;

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

(5) Department heads and other management positions so designated by the city manager;

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

(7) Volunteer personnel, who receive no regular compensation from the city;

(8) All council-appointed city officers;

(9) 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;

(10) Employees hired for an indefinite term into a budgeted position to work less than 1,000 hours per year;

(11) Seasonal part-time employees are employees who work on a seasonal or partial year basis, but less than 1,000 per fiscal year;

(12) Intermittent part-time employees are employees who work less than 1,000 hours per fiscal year;

(13) Part-time employees working 20 hours or more per week, hired after February 15, 2005;

(14) Any new position created by the city council, unless declared by the city council to be in the competitive service at the time of creation or thereafter; and

(15) Employees under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cause or right to appeal, at any time.

(Ord. No. 03(2005), § 2, 3-1-05; Ord. No. 04(2016), § 1, 3-22-16)

Personnel rules and regulations shall be adopted by resolution of the city council. These rules and regulations shall govern the personnel system including, but not limited to:

(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) 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;

(3) Open and promotional recruitments to fill regular positions;

(4) The making of temporary and emergency appointments;

(5) Establishment of probationary testing periods;

(6) Transfer, promotion, demotion, discipline, and reinstatement of employees;

(7) Evaluation of the job performance of employees;

(8) Separation of employees from the city service;

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

(10) The establishment of any necessary appeal procedures.

(Ord. No. 3(2005), § 2, 3-1-05)

The city manager shall consider and make decisions 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 manager and/or city council may contract with any qualified person or public or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter.

(Ord. No. 3(2005), § 2, 3-1-05)

No city employee or applicant for employment, volunteers, interns, city elected and appointed officials, members of city commissions, boards and task forces, contractors, consultants, and/or other non-employees doing business with or for the city shall be discriminated against in recruitment, examination, appointment, selection, training, promotion, retention, wages, benefits, discipline, or any other aspect of employment because of race, color, religion, national origin, ancestry, marital status, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), age, physical or mental disability, sexual orientation (including homosexuality, bisexuality, or heterosexuality), genetic characteristics or information, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, citizenship status, military and veteran status or any other characteristic protected by law. Individuals are protected from discrimination because of familial status or association with, an individual in any of the protected classifications listed above. Other forms of discrimination prohibited by this policy include retaliating against someone for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices.

(Ord. No. 3(2005), § 2, 3-1-05; Ord. No. 04(2016), § 1, 3-22-16)