Downey Municipal Code Ch. 7 Personnel System

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 as determined by competitive test; and to provide a reasonable degree of security for qualified employees, a personnel system is hereby adopted.

(Adopted by Ord. 14, adopted 02-11-57)

The City Manager shall be the Personnel Officer, unless the City Manager delegates the powers and duties conferred upon him as Personnel Officer to any other officer or employee of the City. The City Manager may recommend that such powers and duties be performed under contract as provided in Section 2720 of this chapter.

(Added by Ord. 14, adopted 02-11-57; amended by Ord. 395, adopted 06-22-71)

(Amended by Ord. 37, adopted 06-24-57; repealed by Ord. 395, adopted 06-22-71)

The Personnel Advisory Board shall determine the order of business for the conduct of its meetings, which shall be at such times as may be prescribed by the Board or on call of the chairperson or three members of the Board. Three members of the Board shall constitute a quorum for the transaction of business.

The functions of the Board shall be:

(a) As provided by this chapter and by the rules, to hear written appeals submitted by any person in the classified service relative to any disciplinary action, dismissal, demotion, or alleged violation of the provisions of this chapter or the personnel rules;

(b) In any investigation or hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the City Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the Personnel Advisory Board shall have the power to administer oaths to witnesses;

(c) When requested by the Council or the City Manager, the Personnel Advisory Board shall hold hearings and make recommendations on any matter of personnel administration, within the limits of a request of the Council or the City Manager; and

(d) To publish or post notices of examinations for positions in the competitive service; to receive applications therefor; to conduct and score examinations; and to certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the classified service. The Personnel Advisory Board shall cause the duties imposed upon it by this subsection (d) to be performed by the Personnel Officer.

(Amended by Ord. 114, adopted 11-25-58; Ord. 395, adopted 06-22-71)

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

(a) Elective officers;

(b) Members of 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, such as volunteer firefighter and reserve police officer who receive no regular compensation from the City;

(e) The City Manager, Assistant City Manager, and administrative assistants and interns;

(f) Those persons who are designated as department heads in the class specifications, and those positions designated by resolution of the City Council as middle management and confidential/exempt;

(g) The City Attorney and the City Clerk-Treasurer;

(h) Those persons who are appointed to the full-time/temporary classification of ambulance operator.

(Amended by Ord. 114, adopted 11-25-58; Ord. 732, adopted 09-27-83; Ord. 1318, adopted 9-10-13)

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

(a) The 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) The 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) The public announcement of all tests and the acceptance of applications for employment;

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

(e) The certification and appointment of persons from employment lists and the making of temporary and emergency appointments;

(f) The evaluation of employees during the probationary period;

(g) The transfer, promotion, demotion, and reinstatement of employees in the classified service;

(h) The separation of employees from the City service through layoff, suspension, and dismissal;

(i) The standardization of hours of work, attendance and leave regulations, and working conditions and the development of employees' morals, welfare and training;

(j) Suitable provisions for orderly and equitable presentations to the City Manager and to the Council by employees relating to general conditions of employment; and

(k) Procedures for conducting all hearings.

(Amended by Ord. 114, adopted 11-25-58; Ord. 395, adopted 06-22-71)

Every department head shall, subject to the authorization and approval of the City Manager, develop and enforce rules and regulations governing the administration of such department and the conduct of the employees of such department in relation to their duties in such department. Such rules shall be in writing and available to the employees of the department. Each new employee shall be informed of such rules and instructed to read the same.

(Added by Ord. 395, adopted 6-22-71)

Appointments to vacant positions in the classified service shall be made in accordance with the provisions of this chapter and the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of such recognized selection techniques as achievement and aptitude tests and other written tests, personal interview, performance tests, evaluation of daily work performance, work samplers, or any combination of these, which will in the opinion of the Personnel Officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination.

Appointments shall be made by the appointing power in whom the power to make appointments is vested by law. When an appointment is to be made to a vacancy in the classified service, the Personnel Officer shall transmit to the appointing power the names of all persons willing to accept appointment on the appropriate certified employment or promotional list, in the order in which they appear on the list.

In the absence of appropriate employment lists, a temporary appointment may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment. The Personnel Officer, with the approval of the Personnel Advisory Board, may extend the period for any temporary appointment for an additional 60 days.

No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists for service rendered under a temporary appointment.

During the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion, or dismissal of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules.

(Amended by Ord. 114, adopted 11-25-58; Ord. 395, adopted 6-22-71)

Minimum or maximum age limits for any examination for a position in the classified service shall not be established, and age shall not be a minimum qualification for any employment in the classified service. Any person possessing all the minimum qualifications for a position shall be eligible to take any examination hereunder regardless of age, and neither the Personnel Advisory Board, the Personnel Officer, nor the appointing power shall adopt any rule prohibiting the employment of any person otherwise qualified solely because of age. The provisions of this section shall be subject to the provisions of any applicable retirement system, and the provisions of this section shall not prevent the Council from fixing minimum or maximum age limits for the employment of policemen or firemen.

(Amended by Ord. 114, adopted 11-25-58)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six months. With respect to newly employed uniformed police and uniformed fire personnel, the minimum probationary period shall be not less than one year.

An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from the City service in accordance with the provisions of this chapter.

An employee in the classified service promoted or transferred to a position not included in the classified service shall be reinstated to the position from which he was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this chapter.

(Amended by Ord. 114, adopted 11-25-58)

(Amended by Ord. 114, adopted 11-25-58; repealed by Ord. 395, adopted 6-22-71)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions.

(Added by Ord. 14, adopted 2-11-57)

Subject to his power to delegate, the City Manager, in whom is vested the power to appoint, to make transfers, promotions, demotions, reinstatements and layoffs, and to suspend or dismiss employees shall retain such power, subject to the provisions of this chapter and the personnel rules.

(Added by Ord. 14, adopted 2-11-57; amended by Ord. 395, adopted 6-22-71)

Any person holding a position of employment in the classified service shall be subject to disciplinary suspension by the appointing power without pay and without the right of appeal, but such suspensions shall not exceed a total of 60 calendar days in any fiscal year. A department head may make disciplinary suspensions in accordance with the personnel rules.

Notwithstanding any other provisions of this section, any person holding a position of employment in the classified service may be suspended by the appointing power without pay and without the right to appeal for a period of time longer than 60 days in any fiscal year in the event such person is charged with a felony and is held to answer. Such suspension shall be terminated within 30 days from the final disposition of the charge, and, in the event such person is found "not guilty" of the charge, he shall be paid from the date of the suspension to the date of reinstatement, less any amounts earned by other employment during such period of suspension.

A reduction of the charge from a felony to a misdemeanor at any time following the time such person is held to answer the felony charge shall not be deemed a "not guilty" nor a final disposition of the charge, but such final disposition or "not guilty", for the purposes of this section, shall be deemed to occur under those circumstances when disposition of the lesser charge is made or the person is found "not guilty" of such lesser charge.

Nothing contained in this section, shall preclude any other appropriate disciplinary action.

(Amended by Ord. 114, adopted 11-25-58; Ord. 429, adopted 12-26-72)

Any permanent employee in the classified service who has been dismissed, demoted, or reduced in pay, after exhausting grievance procedures, shall be entitled to request from the Personnel Officer a written statement of the reasons for such action. Such a request shall be made within three working days following the exhaustion of grievance procedures, and the Personnel Officer, within 10 working days after the filing of such request, shall furnish such statement to such employee. The employee shall have 10 working days after the date of mailing the statement within which to file an appeal. In the event the employee requests the statement and files an appeal, copies of the statement of charges and appeal shall be transmitted to the Personnel Advisory Board.

In the event a notice of appeal is filed or a statement of charges is requested and not furnished, the Personnel Advisory Board shall than investigate the case and conduct a hearing. The Personnel Advisory Board may adopt rules for the holding of any hearing on such appeal.

The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages.

(Amended by Ord. 114, adopted 11-25-58; Ord. 395, adopted 6-22-71)

(Amended by Ord. 114, adopted 11-25-58; repealed by Ord. 395, adopted 6-22-71)

Whenever in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for the position or employment involved no longer exists, the Council may abolish any position or employment in the classified service, and the appointing authority shall lay off, demote, or transfer any employee holding such position or employment, and such employee shall have no right to demand that written charges or reasons therefor be filed, and he shall have no right of appeal or hearing.

Seniority shall be observed in affecting such reduction in personnel, and the order of layoff shall be in the reverse order of total cumulative time served in the City service upon the effective date of the layoff.

Layoffs shall be made within classes of positions, and all temporary employees in the affected classes shall be laid off prior to the layoff of any probationary or permanent employee.

For the purpose of determining the order of layoff, "total cumulative time" shall include time served on military leaves of absence.

The names of probationary and permanent employees laid off shall be placed upon reemployment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifications, duties, and responsibilities as those of the class of positions from which the layoff was made.

Names of persons laid off shall be placed upon reemployment lists in the order of their competency and shall remain on such lists for a period of two years, unless reemployed sooner. For reemployment purposes, the competency of a person laid off shall be determined by the head of the department in which such person worked.

An employee subject to layoff may exercise his or her seniority consistent with the Personnel Manual and the City Charter of the City of Downey and all applicable memoranda of understanding.

(Amended by Ord. 114, adopted 11-25-58; Ord. 721, adopted 5-24-83)

Any person holding an office or employment in the classified service shall not:

(a) Seek or accept election, nomination, or appointment as an officer of a political party or a partisan political club or a partisan political organization;

(b) Take an active part in a municipal political campaign;

(c) Serve as a member of a committee of a political party or of a partisan political club or organization;

(d) During working hours, or while dressed in a uniform required in any department of the City government, seek signatures to any petition provided for by law;

(e) Except as provided in Section 2717 of this chapter, seek signatures to any petition relating to a City election measure or campaign; or

(f) Act as a worker at the polls or distribute badges, pamphlets, dodgers, or handbills of any kind, or solicit contributions favoring or opposing any candidate for election or nomination to a City office.

(Amended by Ord. 114, adopted 11-25-58; Ord. 502, adopted 5-10-76)

The provisions of this chapter shall not prevent any officer or employee from:

(a) Becoming or continuing to be a member of a political club or political organization;

(b) Attendance at a political meeting;

(c) Enjoying entire freedom of interference in casting his vote;

(d) Seeking or accepting election or appointment to public office while on leave of absence;

(e) Seeking signatures to any initiative or referendum petition directly affecting his rate 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 petitions 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.

(Added by Ord. 14, adopted 2-11-57)

The violation of any provision of Section 2716 or 2717 of this chapter shall be grounds for the discharge of any officer or employee.

(Added by Ord. 14, adopted 2-11-57)

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 service, whether voluntary or involuntary, for any 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 classified 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.

(Amended by Ord. 114, adopted 11-25-58)

The City Manager shall consider and make recommendations to the 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 Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by the provisions of this chapter:

(a) The preparation of personnel rules and subsequent revisions and amendments thereto:

(b) The preparation of a position classification plan and subsequent revisions and amendments thereto;

(c) The preparation of a plan of compensation and subsequent revisions and amendments thereto;

(d) The preparation, conduct, and grading of competitive tests; and

(e) Special and technical services of an advisory or informational character on matters relating to personnel administration.

(Added by Ord. 14, adopted 2-11-57)

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

(Added by Ord. 14, adopted 2-11-57)

Pursuant to the provisions of the Charter and Section 6702 of the Government Code of the State, the legal holidays for the City employees and officers and the State-proclaimed holidays upon which the City Hall shall remain open shall be as established by resolution of the Council.

(Amended by Ord. 226, adopted 6-6-63; Ord. 490, adopted 8-11-75)