Hemet Municipal Code Art. I In General

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, and to provide a reasonable degree of security for qualified employees, the personnel system set out in this chapter is adopted.

(Ord. No. 565; Code 1984, § 3200)

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 54-13. The personnel officer shall:

(1) Administer all the provisions of this chapter and of the personnel rules, if such authority is not specifically reserved by the city council.

(2) 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.

(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 city council.

(4) 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.

(5) Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving of applications therefor, and the conducting and grading of tests.

(Ord. No. 565; Code 1984, § 3201)

Cross reference— Officers and employees, § 2-61 et seq.

(a) Except as otherwise provided in this chapter, conviction, including pleas of guilty and nolo contendere, of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the city; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appointing authority shall consider the following factors:

(1) The classification, including its sensitivity, to which the person is applying or being certified, and whether the classification is unrelated to the conviction.

(2) The nature and seriousness of the offense.

(3) The circumstances surrounding the conviction.

(4) The length of time elapsed since the conviction.

(5) The age of the person at the time of the conviction.

(6) The presence or absence of rehabilitation or efforts at rehabilitation.

(7) Contributing social or environmental conditions.

(b) The appointing authority shall give notice of disqualification to an applicant disqualified under this section. Such notice shall be in writing, and delivered personally or mailed to the applicant at the address shown on the application for employment.

(c) An applicant who is disqualified for employment under this section may appeal such determination or disqualification. Such appeal shall be in writing and filed with the city manager within ten days of the date of the notice of disqualification. The city manager shall hear and determine the appeal within 90 days after it is filed. The determination of the city manager on the appeal shall be final.

(d) Notwithstanding the provisions of subsections (a) through (c) of this section, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment, if the applicant has been convicted of a felony or misdemeanor.

(e) Pursuant to Penal Code § 11105, the following officers of the city are hereby authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section: the city manager, the city attorney and the personnel officer.

(Code 1984, § 3202)

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

(1) Elective officers.

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

(3) Persons engaged under contract to supply expert, professional, technical or other services.

(4) Volunteer personnel such as volunteer firemen.

(5) The city attorney.

(6) 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.

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

(8) The administrative services director and the police chief.

(9) The planning director.

(10) The public works operations director.

(11) The public works director-city engineer.

(Ord. No. 565; Code 1984, § 3203; Ord. No. 1772, § 2, 1-30-07; Ord. No. 1781, § 3, 5-22-07; Ord. No. 1777, § 3, 5-8-07; Ord. No. 2027, § 2, 2-27-24)

Personnel rules shall be adopted by resolution of the city council. Such rules shall establish regulations governing the personnel system, including:

(1) Preparation, installation, revision and maintenance of a position classification plan covering all positions in a competitive service.

(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) Preparation and conduct of tests where applicable.

(4) Evaluation of employees during the probationary period.

(5) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service.

(6) Separation of employees from the city service.

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

(8) The establishment of adequate personnel records.

(9) The establishment of grievance and appeal procedures.

(Ord. No. 565; Code 1984, § 3204)

(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 tests, written tests, personal interviews, performance tests, physical ability tests, evaluation of daily work performance or 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, and set minimum standards therefor.

(b) All appointments shall be made by the city manager.

(Ord. No. 565; Code 1984, § 3205)

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.

(Ord. No. 565; Code 1984, § 3206)

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

(Ord. No. 565; Code 1984, § 3207)

(a) The city manager shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for 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 therefor.

(b) The provisions 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.

(Ord. No. 565; Code 1984, § 3208)

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.

(Ord. No. 565; Code 1984, § 3209)

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

(Ord. No. 565; Code 1984, § 3210)

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, ancestry, national origin or religious belief.

(Ord. No. 565; Code 1984, § 3211)

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:

(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.

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

(Ord. No. 565; Code 1984, § 3212)

(a) The city will adhere to standards for recruitment and training established by the state commission on peace officers' standards and training (POST) pursuant to Penal Code § 13510 et seq.

(b) The commission and its representatives may make such inquiries as deemed appropriate by the commission to ascertain that the city public safety dispatcher personnel adhere to standards for selection and training established by the commission on peace officers' standards and training.

(Ord. No. 1324; Code 1984, § 3213)

Cross reference— Law enforcement, ch. 38.