Fairfax Municipal Code Ch. 2.56 Personnel Administration

(A) The provisions of this chapter apply to all offices, positions and employments in the service of the town, except:

(1) Elective officers; members of the Town Council, the Town Clerk and the Town Treasurer;

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

(3) The Town Manager, his or her secretary and assistants;

(4) Director of Public Works;

(5) Planning Director;

(6) Building Inspector;

(7) Town Attorney;

(8) Police Chief and Police Captain;

(9) Fire Chief and Deputy Fire Chief;

(10) Volunteer personnel, such as volunteer firefighters or police reserves;

(11) Persons engaged under contract to supply expert, professional, technical or other services;

(12) 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;

(13) Employees, other than those listed in this section, who are employed less than half-time, which is defined as employees who are expected to or do work less than 1,000 hours in any fiscal year; and

(14) Casual or seasonal employees whose employment shall not continue for a period longer than five months in any one fiscal year.

(B) All offices, positions and employments not exempted in division (A) above shall constitute the classified service of the town.

(Prior Code, § 2.56.010) (Ord. 542, passed - -1986)

Pursuant to the authority granted to the legislative body of any city within the state under the provisions of Chapter 48 of the Statutes of 1935, entitled “An Act Authorizing the Creation of a Personnel System, Merit System or Civil Service System in Cities; the Creation of the Office of Personnel Director, the Appointment of a Civil Service Commission; the Delegation of Certain Authority to Such Personnel Officer or Commission in Municipalities Within this State; and Prohibiting Certain Political Activities and Providing Penalties for the Violation of Such Provisions,” a civil service system is adopted for the town.

(Prior Code, § 2.56.020)

(A) (1) The Town Manager shall be the Personnel Officer.

(2) The Town Manager may delegate any of the powers and duties conferred upon him or her as Personnel Officer under this chapter to any other officer or employee of the town, or may recommend that the powers and duties be performed under contract as provided in § 2.56.170.

(B) The Personnel Officer shall:

(1) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Town Council;

(2) Prepare and recommend to the Town Council personnel rules and revisions and amendments to the rules; (The Town Attorney shall approve the legality of the rules and amendments prior to their submission to the Town Council.)

(3) Prepare or cause to be prepared 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 Town Council.)

(4) Prepare or cause to be prepared a plan of compensation and revisions thereof, covering all classifications in the classified service; and (The plan and any revisions thereof shall become effective upon approval by the Town Council.)

(5) Provide for the publishing or posting of notices of tests for positions in the classified service; the receiving of applications therefor; the conducting and grading of tests; the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the classified service.

(Prior Code, § 2.56.030)

(A) Personnel rules shall be adopted by resolution of the Town Council after notice of the proposed action has been publicly posted at least 15 days prior to Town Council consideration.

(B) Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules.

(C) The rules shall establish regulations governing the personnel system, including:

(1) 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;

(2) Public announcement of all tests and acceptance of applications for employment;

(3) Preparation and conduct of tests and the establishment and use of resulting eligible lists;

(4) Certification and appointment of persons from eligible lists and the making of provisional, temporary and emergency appointments;

(5) Evaluation of employees;

(6) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classified service;

(7) Separation of employees from the town service; and

(8) Establishment of grievance and appeal procedures.

(Prior Code, § 2.56.070)

(A) Appointments to vacant positions in the classified 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 tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a 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) When appointment is to be made to a vacancy in the classified services, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified eligible list, in the order in which they appear on the list.

(C) In the absence of appropriate eligible lists, a provisional appointment may be made not to exceed six months by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing. During the suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, the vacancy may be filled by the appointing authority, subject to the provisions of this chapter and the personnel rules.

(Prior Code, § 2.56.080)

No maximum or minimum age limits shall be prescribed or established for any civil service examination, and age shall not be a minimum qualification for any employment in the classified service, and no person, otherwise qualified, shall be denied employment in the service solely because of age; provided, however, that, the Town Council reserves the right to fix minimum and maximum age limits for the employment of policemen or firefighters by resolution.

(Prior Code, § 2.56.090)

(A) All original and promotional appointments shall be for a probationary period of not less than one year for employees assigned to the police and fire departments and six months for employees assigned to other departments. During the probationary period, the employee may be discharged at any time without the right of appeal or hearing.

(B) (1) An employee rejected during the probationary period from a position to which he or she has been promoted or transferred shall be reinstated to a position in the class from which he or she was promoted or transferred unless he or she is discharged from the town service as provided in this chapter and the rules.

(2) An employee in the classified service promoted or transferred to a position not included in the classified service shall be reinstated to a position in the class from which he or she was promoted or transferred if action is taken to reject him or her, unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the classified service. An employee transferred to a position in the classified service may be required to serve the probationary period set forth in this section.

(Prior Code, § 2.56.100)

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

(Prior Code, § 2.56.110)

Any appointing power shall have the right, for due cause, including without limitation the reasons listed in Cal. Gov’t Code § 19572, to demote, dismiss, reduce in pay or suspend without pay up to 30 calendar days any employee in the classified service. Notice of the action must be in writing and served personally on the employee within three working days of the action taken. The notice shall specify the penalty and contain a statement of the reason or reasons therefor.

(Prior Code, § 2.56.120)

Any employee in the classified service shall have the right to appeal any disciplinary action as provided in the personnel rules and regulations.

(Prior Code, § 2.56.130)

(A) (1) Whenever in the judgment of the Town Council it becomes necessary, the Town Council may abolish any position or employment in the classified service.

(2) Employees transferred, demoted or laid off because of the abolishing of positions shall not be subject to written charges, nor shall they have the right of appeal in such cases.

(B) Seniority shall be observed in effecting the reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in permanent and probationary status in the classified service upon the effective date of the layoff. Layoff 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 re- employment 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 re-employment lists in order of total cumulative time served in probationary and permanent status and shall remain on the lists for a period of one year unless re-employed sooner.

(Prior Code, § 2.56.140)

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

(Prior Code, § 2.56.150)

No person in the classified 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 sex, race, color, ancestry, national origin or religious belief.

(Prior Code, § 2.56.160)

(A) The Town Manager shall consider and make recommendations to the Town Council regarding the extent to which the town should contract for the performance of technical services in connection with the establishment or operation of the personnel system.

(B) The Town 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:

(1) The preparation of personnel rules and subsequent revisions and amendments thereof;

(2) The preparation of a position classification plan and subsequent revisions and amendments thereof;

(3) The preparation of a plan of compensation and subsequent revisions and amendments thereof;

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

(5) The special and technical services of advisory or informational character on matters relating to personnel administration.

(Prior Code, § 2.56.170)

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

(Prior Code, § 2.56.180)