El Centro Municipal Code Div. 2 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 tests; and to provide a reasonable degree of security for qualified employees, the following personnel system as set out in this division, is hereby adopted.

(Ord. No. 62-1, § 1; Code 1962, § 2-21.1)

The provisions of this division shall apply to all officers, positions, and employments in the services of the city who are appointed by the city manager. The provisions of this division shall not apply to the positions of police chief, assistant city manager, deputy city manager, city librarian and all other department head and assistant department head positions existing or created after January 1, 2010.

(Ord. No. 62-1, § 5; Code 1962, § 2-21.2; Ord. No. 80-3, § 1; Ord. No. 83-17, § 1; Ord. No. 88-7, § 2; Ord. No. 94-12, § 2; Ord. No. 99-4, § 3; Ord. No. 10-01, § 1, 3-3-10)

The city manager shall be ex officio personnel officer. With the approval of the council, the city manager may delegate any of the powers and duties conferred upon him as personnel officer under this division 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 2-65.

The personnel officer shall:

(a) Administer all the provisions of this division and of the personnel rules not specifically reserved to the council or personnel appeal board.

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

(c) Prepare 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 council. New position classifications shall become effective upon approval by the council. The city manager may approve revisions to existing job classifications but shall file an information report thereon to the city council at the time such revision occurs. Any changes to the compensation for such job classifications shall be approved by the city council pursuant to subsection (d) hereof.

(d) Prepare 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 council.

(e) Give notice of and receive applications for examinations; conduct and score examination; and certify to appointing power a list of all persons eligible for appointment to appropriate class in the competitive service.

(Ord. No. 62-1, § 2; Code 1962, § 2-21.3; Ord. No. 07-04, § 1, 4-18-07)

(a) There is hereby created a personnel appeal board to consist of five (5) members, to be appointed by the mayor with the approval of the council. The first three (3) members whose appointment is approved after April 15, 1979 shall hold office for a term of two (2) years. With the exception of appointments to fill vacancies, all appointments and reappointments made and approved thereafter shall serve for a term of four (4) years. The board shall select from its members a chairman who will call and preside over the meetings.

(b) Vacancies on the personnel appeal board shall be filled by appointment by the mayor with the approval of the council for the unexpired term. Each member shall serve until his successor is appointed and qualified.

(c) Members of the personnel appeal board shall be residents of this city. No person shall be appointed to the board who holds any other city office or employment.

(Ord. No. 62-1, § 3; Code 1962, § 2-21.4; Ord. No. 79-4, § 1)

(a) The personnel appeal board shall determine the order of business for the conduct of its meetings. The board shall meet on notice from the personnel officer, or their designee, that request for hearing has been filed. Three (3) members of the board shall constitute a quorum for the transaction of business.

(b) The functions of the board shall be:

(1) As provided by this division and by the rules, to review and act upon the decisions of the evidentiary hearing officer on appeals submitted by any person in the competitive service relative to any suspension without pay for more than five (5) days, demotion or dismissal from employment and to certify its findings and recommendations as provided in this division.

(2) In any investigation or hearing conducted by the evidentiary hearing officer which is to be reviewed and acted upon 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 and attested by 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 a subpoena shall subject the person to prosecution in the same manner set forth by the law for failure to appear before the council in response to a subpoena issued by the council. Each member of the personnel appeal board and the evidentiary hearing officer shall have the power to administer oaths to witnesses.

(Ord. No. 62-1, § 4; Code 1962, § 2-21.5; Ord. No. 96-20, § 1, 1-15-97; Ord. No. 16-02, § 1, 2-16-16)

Personnel rules, prepared by the personnel officer subject to this division and to be approved by the council, 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:

(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) Preparation, revision, and administration of 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 the acceptance of applications for employment.

(d) Preparation and conduct of tests and 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 temporary and emergency appointments.

(f) Evaluation of employees during the probationary period.

(g) Transfer, promotion, demotion, and reinstatement of employees in the competitive service.

(h) Separation of employees from the city service through layoff, suspension, and dismissal.

(i) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training.

(j) Suitable provision for orderly and equitable presentations to the city manager and to the city council by employees relating to general conditions of employment.

(Ord. No. 62-1, § 6; Code 1962, § 2-21.6)

(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 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 sampler, 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.

(b) In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards thereof.

(c) Appointments shall be made by the city manager, or under authority delegated by him.

(d) When appointment is to be made to a vacancy in the competitive service, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list.

(e) 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 (6) months for any permanent position filled by temporary appointment.

(f) 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.

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

(Ord. No. 62-1, § 7; Code 1962, § 2-21.7)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six (6) 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 (6) months. During the probationary period, the employee may be rejected at any time without right of appeal or hearing.

(Ord. No. 62-1, § 8; Code 1962, § 2-21.8)

(a) Any person holding a position included in the competitive service who, on the effective date of Ordinance Number 62-1, shall have served continuously in such position, or in some other position, in competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without a qualifying test, and shall thereafter be subject in all respects to the provisions of this division and the personnel rules.

(b) Any other persons holding positions in the competitive 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. No. 62-1, § 9; Code 1962, § 2-21.9)

Any permanent employee in the competitive service shall have the right to appeal to the personnel appeal board to request an administrative hearing before the evidentiary hearing officer relative to any suspension without pay for more than five (5) days, demotion or dismissal from employment except in instances where the right of appeal is prohibited by this division. He shall be entitled to request a written statement of the reasons for such action. Such appeal shall be taken in accordance with rules and regulations promulgated by resolution of the city council.

(Ord. No. 62-1, § 10; Code 1962, § 2-21.10, Ord. No. 75-5; Ord. No. 16-02, § 1, 2-16-16)

(a) Whenever in the judgment of the council or the city manager it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the council or the city manager may abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment without filing written charges and without the right of appeal.

(b) 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 provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or permanent employee.

(c) For the purpose of determining order of layoff, total cumulative time shall include time served on military leave of absence.

(d) 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 and duties and responsibilities as those of the class of positions from which layoff was made.

(e) Names of persons laid off shall be placed upon reemployment lists in order of their competency, and shall remain on such lists for a period of two (2) years unless reemployed sooner. For reemployment purposes, competency of a person laid off shall be determined by the head of the department in which such person worked.

(Ord. No. 62-1, § 11; Code 1962, § 2-21.11)

(a) This division does not prevent any officer or employee from:

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

(2) Attendance at a political meeting.

(3) Enjoying entire freedom from all interference in casting his vote.

(4) Seeking or accepting election or appointment to public office.

(5) Acting as a worker at the polls or distributing badges or pamphlets, directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions.

(6) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, 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.

(b) The violation of any provision of this section is ground for discharge of any officer or employee.

(Ord. No. 62-1, § 13; Code 1962, § 2-21.13)

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 or religious belief.

(Ord. No. 62-1, § 14; Code 1962, § 2-21.14)

(a) 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 division.

(b) No officer or employee in the competitive 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 working conditions, from any person other than an officer or employee in the competitive service.

(Ord. No. 62-1, § 15; Code 1962, § 2-21.15)

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 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 division:

(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 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. No. 62-1, § 16; Code 1962, § 2-21.16)