Dunsmuir Municipal Code Ch. 2.36 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; and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted.

(Prior code § 2-28; Ord. No. 549, § 1, 7-30-2015)

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 2.36.120. The personnel officer shall:

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

B. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules. The city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;

C. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revision thereof, shall become effective upon approval by the city council;

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

E. Provide for the publishing or posting notices of tests for positions in the competitive service; the receiving of applications therefor and the conducting and grading of test.

(Prior code § 2-29; Ord. No. 549, § 1, 7-30-2015)

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

A. Elective officers;

B. Member of appointive boards, commissions and committees;

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

D. Volunteer personnel such as volunteer firemen;

E. City attorney;

F. Emergency employees who are hired to meet the immediate requirements of an emergency condition;

G. Employees, other than those listed elsewhere in this section, who are employed less than half-time, which is defined as employees who are expected to or do work less than one thousand forty (1,040) hours in any one fiscal year;

H. Chief of police;

I. Superintendent of public works;

J. City manager (see Chapter 2.08).

(Prior code § 2-30; Ord. No. 549, § 1, 7-30-2015)

Personnel rules shall be adopted by resolution of the city council; 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 competitive service;

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. Preparation and conduct of tests where applicable;

D. Evaluation of employees during the probationary period;

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

F. Separation of employees from the city service;

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

H. The establishment of adequate personnel records;

I. The establishment of grievance and appeal procedures.

(Prior code § 2-31; Ord. No. 549, § 1, 7-30-2015)

A. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude test, written tests, personal daily work performance, work samples, or any combinations of these or other tests. Physical and medical tests may be given as part of any examination. In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor.

B. All appointments shall be made by the city manager.

(Prior code § 2-32; Ord. No. 549, § 1, 7-30-2015)

All regular appointments, including promotional appointments, shall be for a probationary period of not to exceed six months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.

(Prior code § 2-33; Ord. No. 549, § 1, 7-30-2015)

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

(Prior code § 2-34; Ord. No. 549, § 1, 7-30-2015)

A. The city manager shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty (30) calendar days, any permanent employee. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.

B. The provision of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.

(Prior code § 2-35; Ord. No. 549, § 1, 7-30-2015)

Whenever, in the judgment of the city council, it becomes necessary, the city council may abolish any position or employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions, shall not be subject to written charges nor shall they have the right of appeal in such cases.

(Prior code § 2-36; Ord. No. 549, § 1, 7-30-2015)

The political activities of city employees shall conform to pertinent provisions of state law.

(Prior code § 2-37; Ord. No. 549, § 1, 7-30-2015)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, sex, ancestry, national origin or religious belief.

(Prior code § 2-38; Ord. No. 549, § 1, 7-30-2015)

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 revision 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.

(Prior code § 2-39; Ord. No. 549, § 1, 7-30-2015)

A. Except as otherwise hereinafter provided, no person convicted of a felony or misdemeanor involving moral turpitude shall be eligible for employment in the excepted or competitive service of the city; provided, however, that the appointing authority may disregard such conviction if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction.

B. The city manager, acting city manager, city clerk, personnel director, chief of police, city attorney, and each appointing authority of the city, are authorized to have access to the "State Summary Criminal History Information" as provided for in Section 11105 of the Penal Code of the state.

(Prior code § 2-40; Ord. No. 549, § 1, 7-30-2015)

Elected officials, appointing authorities, department heads or persons having power to do any hiring of personnel on behalf of the city shall:

A. Not employ any person who is related within the third degree, whether by blood or marriage to any of the above;

B. Employ members of the immediate family only if:

1. They are not supervised by the same person,

2. The course and nature of their work is independent and does not cause interaction or a close working relationship,

3. They are appointed and employed in distinctly separate locates.

(Prior code § 2-25; Ord. No. 549, § 1, 7-30-2015)

The council may waive the prohibition of Section 2.36.140 due to unusual circumstances pursuant to the following procedure:

A. A statement setting forth unusual circumstances or condition requiring the employment shall be submitted to the city manager;

B. The city manager shall review and request and make a recommendation to the council;

C. The council shall consider the best interests of the city and either approve or disapprove the request; final discussion and action to approve the request shall take place in an open meeting.

(Prior code § 2-26; Ord. No. 549, § 1, 7-30-2015)

The prohibition contained in Section 2.36.140 shall not apply to employees currently employed as of February 17, 1981.

(Prior code § 2-27; Ord. No. 549, § 1, 7-30-2015)