Fontana Municipal Code Art. II Personnel System

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State Law reference— Civil service generally, Government Code § 45000 et seq.; authority of city to establish a personnel system, Government Code § 45001.

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 ensure 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 system provided for in this article is hereby adopted.

(Code 1968, § 21-1)

There is hereby created the position of personnel officer. The term, personnel officer, as used in this Code, shall mean the human resources director or such other person as may be designated to perform the duties in accordance with this chapter. The duties of the personnel officer may be combined with those of any other office or position. If such duties are not combined with those of any other office or position, the personnel officer shall have had training or experience in personnel administration. The personnel officer shall:

(1) Administer all the provisions of this article and of the personnel rules not specifically reserved to the council.

(2) Prepare and recommend 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.

(3) Under the direction and approval of council, prepare a position classification plan and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval of the council.

(4) Under the direction of the city manager, prepare class specifications and revisions thereof. The class specifications, and revisions thereof, shall become effective upon approval of the city manager.

(5) Under the direction of council, prepare a plan of compensation, and revisions thereof, covering all classification titles in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by council.

(6) Publish or post notices of tests for positions in the competitive service, receive applications therefor, conduct and grade tests, and forward to the appointing power a list of all persons eligible for appointment to the appropriate position in the competitive service.

(Code 1968, § 21-2; Ord. No. 1921, § 2, 7-11-23)

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

(1) Elective officers, except that the city clerk may be subject to personnel rules adopted and amended from time to time by resolution of the council and governing attendance and leave and working conditions.

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

(3) Persons engaged under contract to supply expert, professional or technical services for a definite period of time.

(4) The city attorney.

(5) Except as set forth in a valid applicable memorandum of understanding in accordance with this chapter, all part-time personnel are exempt from the city's personnel rules and regulations except for the hiring and advancement policies which are set forth in the personnel rules and regulations.

(6) The city manager.

(7) Department heads, for matters other than those governed by sections 20-31 and 20-32 of this Code.

(Code 1968, § 21-3; Ord. No. 1296, § 2, 8-17-99)

Personnel rules, prepared by the personnel officer subject to this article and to revision 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:

(1) 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.

(2) 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.

(3) Public announcement of all tests and the acceptance of applications for employment.

(4) Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment.

(5) Evaluation of employees during the probationary period.

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

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

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

(9) Suitable provisions for orderly and equitable presentations to the council by employees relating to general conditions of employment.

(10) Content, maintenance and use of personnel records and forms.

(Code 1968, § 21-4)

(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 interviews, performance tests, evaluation of daily work performance, work samples, 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, and set minimum standards therefor.

(c) Appointments shall be made by the manager or by the officer in whom the power to make appointments is vested by law.

(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 who have qualified in the examination, arranged in order of final score, from the highest to the lowest qualified score. The department head or designee shall interview at least the top six individuals on the list.

(e) In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a 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 provisional appointment. The council may, by vote, extend the period for any provisional appointment for not more than 30 days, by any one action. The total extension shall not exceed six months. When a provisional appointment is to be extended, the council shall direct the city clerk to record such action in the minutes of the meeting of the council.

(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 provisional appointment.

(g) During the period of suspension of an 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 article and the personnel rules.

(Code 1968, § 21-5)

Department heads are exempted from inclusion in the competitive service. Department heads shall be appointed by the city manager and be subject to the city manager's direction and removal. The city manager shall inform the city council of the recruitment and selection process, timing, and compensation for all department heads. The employment agreement for the chief of police shall be subject to city council approval.

(Code 1968, § 21-6; Ord. No. 1296, § 1, 8-17-99; Ord. No. 1599, § 2, 5-26-09; Ord. No. 1691, § 1, 4-22-14; Ord. No. 1858, § 3, 12-8-20)

A department head shall have the right of appeal to the city council relative to any disciplinary action, dismissal or demotion. Thereupon, the council shall make such investigation as it may deem necessary, and within 30 days after the request for hearing was filed the council shall hold a hearing. The hearing shall be in executive session in compliance with appropriate state and local law. The council shall review the appeal and may then affirm, revoke or modify the action taken as in its judgment seems warranted, and the action taken shall be final. It is necessary for three members of the city council to agree to modify or revoke the action.

(Code 1968, § 21-7)

(a) 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. During the probationary period, the employee may be rejected at any time without right of appeal by hearing.

(b) 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 as provided in this article and the personnel rules.

(c) An employee in the competitive service promoted or transferred to a position not included in the competitive 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, unless he is discharged in the manner provided in this article and the personnel rules for positions in the competitive service.

(Code 1968, § 21-8)

The council, and any other officer 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 article and the personnel rules.

(Code 1968, § 21-9)

Any regular employee in the competitive service shall have the right to appeal relative to any dismissal, suspension, demotion or alleged violation of this article or the personnel rules, except in instances where the right of appeal is prohibited by this article. The hearing need not be conducted according to technical rules related to evidence and witnesses. Appeal procedures shall be in accordance with the personnel rules and regulations.

(Code 1968, § 21-11)

Reductions in personnel shall be made in accordance with layoff procedures adopted by the city council.

All persons holding an office or employment in the competitive service shall be subject to the provisions of Government Code §§ 3201—3205.

(Code 1968, § 21-13)

Cross reference— Elections, ch. 7.

(a) No officer, agent, clerk or employee under the government of the city, and no candidate for any city office, shall directly 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 article.

(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 his working conditions, from any person other than an officer or employee in the competitive service.

(Code 1968, § 21-14)

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, religion, national origin, sex, age or handicap, except under special circumstances where such condition constitutes a bona fide occupational qualification.

(Code 1968, § 21-15)

The council may contract with any qualified person or agency for the performance of such technical service as may be desired in the establishment or operation of the personnel system. The contract may include delegation to the person or agency so retained of all or a part of the responsibilities and duties imposed in this article upon the personnel officer, but shall not include the delegation of powers and duties vested in the council.

(Code 1968, § 21-16)

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

(Code 1968, § 21-17)

The provisions of the personnel rules relating to attendance and leaves shall apply to regular fulltime exempt positions.

(Code 1968, § 21-18)

No officer, agent, clerk or employee shall directly or indirectly bid on, purchase or acquire in any manner property of the city, or of any redevelopment agency or corporation owned by the city, whether for consideration or as a gift.

(Code 1968, § 21-19)

Cross reference— City property, § 2-201 et seq.; surplus supplies, vehicles and equipment, § 10-150.

The city will use the State Mediation and Conciliation Service for hearing officers relating to employee grievances and appeals. The city and the San Bernardino Public Employees Association will mutually agree upon a hearing officer selected from a list of qualified arbitrators having experience in the public sector.

(Code 1968, § 21-20; Ord. No. 970, § 1, 4-17-90)

Duties of the hearing officer will be to hear and decide appeals and grievances by any person in the competitive service relative to any disciplinary action, dismissal, demotion or alleged violation of this article or personnel rules, applicable memorandum of understanding. The hearing officer will certify his findings and recommendations.

(Code 1968, § 21-21; Ord. No. 970, § 1, 4-17-90)