East Palo Alto Municipal Code Ch. 2.80 Personnel System

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

(Ord. 112 § 1, 1989)

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

(Ord. 112 § 2, 1989)

The city manager shall administer the city personnel system and may delegate any of the powers and duties to a personnel director or may delegate the appointing authority granted by the city council 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 2.80.140. The city manager shall:

A. Act as the appointing authority for the city;

B. Administer all the provisions of the ordinance codified in this chapter and of the personnel policies and procedures not specifically reserved to the city council or personnel commission;

C. Prepare and recommend to the city council, through the personnel commission, personnel policies and procedures and revisions and amendments to such policies;

D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions to the plan;

E. Have the authority to discipline employees in accordance with this chapter and the personnel policies and procedures of the city;

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 of a list of all persons eligible for appointment to the appropriate position in the competitive service, and performing any other duty that may be required to administer the personnel system in conjunction with the personnel commission as appropriate.

(Ord. 112 § 3, 1989)

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

A. The city manager and the manager's assistants;

B. Elective officers;

C. Members of appointive boards, commissions and committees;

D. All department heads;

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

F. All council-appointed city officers;

G. Employees who do not have permanent or probationary status in authorized permanent positions;

H. 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;

I. Any position primarily being funded under a state or federal employment program.

(Ord. 112 § 4, 1989)

Personnel policies and procedures shall be adopted by resolution of the city council upon recommendation from the personnel commission. The policies and procedures may 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, including employment standards and qualifications for each class;

B. Appropriate announcement of the selection process and acceptance of applications for employment;

C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

D. Certification and appointment of persons from employment lists, and the making of provisional appointments;

E. Establishment of probationary testing periods.

F. Evaluation of employees during the probationary testing period and thereafter;

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

H. Separation of employees from the city service.

I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements;

J. The establishment of any necessary appeal procedures.

(Ord. 112 § 5, 1989)

Appointments to vacant positions in the competitive service shall be made in accordance with the personnel policies and procedures. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination.

In any examination, the city manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

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.

(Ord. 112 § 6, 1989)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. The appointing authority may extend such probationary period up to twelve (12) additional months. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work, the number of days absent shall be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure.

If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the personnel officer a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the personnel officer after the expiration of the selection period.

An employee rejected during the probationary period from a position to which he/she has been promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she is discharged from the city service as provided in the personnel policies and procedures. If no vacancy exists in such position, he/she shall be placed on a re-employment list as provided in the personnel policy and procedures.

(Ord. 112 § 7, 1989)

The city manager or any appointing power 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 and procedures.

(Ord. 112 § 8, 1989)

Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by ordinance or the personnel policies and procedures.

All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel policies and procedures adopted pursuant to this chapter.

(Ord. 112 § 9, 1989)

Lay-off and re-employment actions shall follow the process outlined in the personnel policies and procedures.

(Ord. 112 § 10, 1989)

There shall be a compensation plan for all classes of positions in the classified service, which shall show in a systematic manner the minimum, intermediate and maximum rates of pay for all classifications. The basic purpose of the compensation plan shall be to provide fast equitable rates of pay including proper observance of the principles of like pay for like work and suitable differences in pay for differences of kind of work.

For the purpose of this chapter, "employee" is defined as a person whose position is within one of the classes shown on the attached Exhibit A or B incorporated in this chapter by reference. The salaries and range number of these positions shall be as shown on these exhibits.

Additional provisions concerning the compensation plan are incorporated herein as set forth at length as specified in the existing personnel policies and procedures, adopted by Resolution 201, August 28, 1985, or applicable memoranda of understanding.

(Ord. 112 § 11, 1989)

A. Medical Plan. The city shall contribute the full premium toward group medical plan benefit for employees only; the cost of dependent coverage shall be paid one hundred (100) percent by the employee, with the exception of conflicting provisions of an applicable memorandum of understanding.

B. Dental Plan. The city shall contribute the full premium toward group dental plan benefits for employees only; the cost of dependent coverage shall be paid one hundred (100) percent by the employee, with the exception of conflicting provisions of an applicable memorandum of understanding.

C. Life Insurance. The city shall provide a twenty-five thousand dollar ($25,000.00) life insurance program for nonmanagement, nonsworn police personnel; fifty thousand dollars ($50,000.00) for management and sworn police personnel.

D. Long-Term Disability Insurance. The city shall provide long-term disability insurance program for full-time permanent employees. Their program shall pay sixty-seven (67) percent of an employees monthly salary after a thirty (30) day waiting period.

E. Retirement Plan. The city agrees to contribute seven percent of a full-time permanent employee base salary to their retirement account. Eligibility and other benefit provisions shall be in accordance with the provision of the retirement plan and related contract, and for applicable memoranda of understanding.

(Ord. 112 § 12, 1989)

The political activities of city employees shall conform to pertinent provisions of state law and any local provisions adopted pursuant to state law.

(Ord. 112 § 13, 1989)

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:

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, conduct and grading of competitive tests;

D. The conduct of employee training programs.

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

(Ord. 112 § 14, 1989)