Hesperia Municipal Code Ch. 2.24 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. 14 § 1, 1988)

The terms used to administer the personnel system shall be defined in the personnel rules.

(Ord. 14 § 2, 1988)

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 2.24.130. The city manager shall:

A. Act as the appointing authority for the city;

B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;

C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;

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

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

F. Provide for the publishing or posting of notices of costs 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.

(Ord. 14 § 3, 1988)

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

A. Elective officers;

B. The city manager and any assistant city manager, deputy city manager or assistant to the city manager;

C. The city attorney and any assistant to the city attorney;

D. Members of appointive boards, commission and committees;

E. The city clerk;

F. All department heads;

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

H. Volunteer personnel, such as volunteer firemen;

I. All council-appointed city officers;

J. 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;

K. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1,040) hours per year, and has successfully completed the probationary period and has been retained as provided in this chapter and the personnel rules;

L. Any position primarily funded under a state or federal employment program;

M. Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority.

(Ord. 295 § 2, 2000: Ord. 14 § 4, 1988)

Personnel rules shall be adopted by resolution of the city council. The rules 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. 14 § 5, 1988)

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 may 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. 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.

B. 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.

C. 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. 14 § 6, 1988)

A. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months or longer as determined by the personnel rules. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.

B. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted, unless he is discharged from the city service as provided in the personnel rules. If no vacancy exists in such position, he shall be placed on a reemployment list as provided in 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 a position in the class from which he was promoted or transferred if action is taken to reject him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. If no vacancy exists in such a position, he shall be placed on a reemployment list as provided in the personnel rules.

(Ord. 14 § 7, 1988)

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, shall have served continuously in such position, or in some other position in the 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 qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

(Ord. 14 § 8, 1988)

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 rules.

(Ord. 14 § 9, 1988)

A. 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 this chapter or the rules adopted thereunder.

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

(Ord. 14 § 10, 1988)

Lay-off and reemployment actions shall follow the process outlined in the personnel rules.

(Ord. 14 § 11, 1988)

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

(Ord. 14 § 12, 1988)

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. 14 § 13, 1988)

A. The city of Hesperia is committed to prevent all forms of unlawful discrimination from occurring, including but not limited to, on the basis of race, religion, color, national origin, ancestry, gender, sexual orientation, disability, medical condition and age.

B. The city is also committed to prevent unlawful discrimination on the basis of any qualified disability as defined under applicable California state or federal law. The city's policy is to provide a reasonable accommodation to any individual with such qualified disability, as may be appropriate under the circumstance. A reasonable accommodation may, depending upon the circumstances, include a reasonable accommodation to allow a person to keep an animal or animals.

C. An individual with a qualified disability who requests that the city provides a reasonable accommodation must submit such request to the city. Additionally, the individual's healthcare provider must submit a signed letter on professional letterhead to the city upon the city's request, which indicates that the person has a qualified disability as defined under applicable California state and federal law.

(Ord. 2005-08 Exh. A, 2005)