Irvine Municipal Code Div. 5 Personnel

Footnotes:

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Editor's note— Ord. No. 02-01, § 1, adopted February 12, 2002, amended the Code by repealing former div. 5, §§ 2-5-101—2-5-105, 2-5-107—2-5-111, 2-5-113—2-5-117, and 2-5-119—2-5-121, in its entirety, and adding a new div. 5 to read as herein set out. Former div. 5 pertained to similar subject matter, and derived from the Code of 1976, §§ II.G-101—II.G-117; Ord. No. 227, adopted November 14, 1978; Ord. No. 241, adopted April 10, 1979; Ord. No. 81-14, adopted December 15, 1981; Ord. No. 83-20, adopted December 13, 1983; Ord. No. 84-24, adopted September 25, 1994; Ord. No. 85-23, adopted August 20, 1985; Ord. No. 87-4, adopted March 10, 1987; Ord. No. 94-4, adopted May 24, 1994; Ord. No. 94-11, adopted August 9, 1994; Ord. No. 95-20, adopted November 28, 1995; Ord. No. 97-04, adopted April 8, 1997; Ord. No. 97-08, adopted May 27, 1997; Ord. No. 99-07, adopted March 9, 1999; and Ord. No. 99-19, adopted September 28, 1999.

Cross reference— Director of Community and Library Services, § 3-2-101 et seq.; Director of Public Safety, § 4-2-101 et seq.; police civilian employees, § 4-3-201 et seq.; Director and Assistant Director of Emergency Services, § 4-9-105; Planning Director, § 5-2-101 et seq.; Director of Public Works, § 6-2-101 et seq.

It is the purpose of this division to establish policies, principles, and procedures for dealing with personnel matters. The intent is to establish a practical system based upon merit principles that will provide efficient and effective service to the public. In order to establish an equitable and uniform system for administering personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted.

(Ord. No. 02-01, § 1, 2-12-02)

The terms used to administer the personnel system shall be defined in the Personnel Rules and Procedures.

(Ord. No. 02-01, § 1, 2-12-02)

The Assistant City Manager shall be the Personnel Officer. The Assistant City Manager may delegate any of the power and duties conferred upon him or her 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 2-5-112. The Personnel Officer shall:

A. Administer all the provisions of this division and of the Personnel Rules and Procedures not specifically reserved to the City Council.

B. Prepare and recommend to the City Council personnel rules and revisions, and amendments to such rules.

C. Provide for the publishing or posting of notices of tests for positions in the competitive 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 competitive service.

D. Prepare and revise, as necessary, a plan for position classification, including class specifications. Position titles, compensation components (including pay ranges), and the number of authorized full-time positions shall be subject to approval by the City Council.

E. Act as the appointing authority for the City.

F. Perform any other duty that may be required to administer the personnel system.

(Ord. No. 02-01, § 1, 2-12-02)

The rules and regulations of this division shall apply to all officers and employees in the service of the City, except the following, which shall not be part of the competitive service and which shall be governed by the applicable provisions of the City Charter, this Code, or administrative regulations adopted pursuant thereto; however, where no other provision is made, such individuals shall serve at the pleasure of the appointing authority:

A. City Manager;

B. Assistant City Manager;

C. Elective officers;

D. Members of appointive boards; commissions and committees;

E. All executive management employees and all non-sworn management employees appointed to such position on or after June 26, 1997;

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

G. Volunteer personnel, such as volunteer reserve police officers;

H. City Clerk;

I. City Attorney;

J. City Treasurer;

K. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, earthquake, etc., which threatens life or property;

L. Temporary employees, whether part-time or full-time;

M. Council Executive Assistants;

N. Reserved;

O. All part-time employees hired on or after May 8, 1997;

P. Zoning Administrator;

Q. All employees classified in the category of "Management Specialist" as defined in the Personnel Rules and Procedures;

R. Employees whose positions are funded under a State or federal employment program.

(Ord. No. 02-01, § 1, 2-12-02)

Personnel Rules and Procedures shall be adopted, and revised from time-to-time, by resolution of the City Council. These Rules may establish administrative regulations governing the personnel system.

(Ord. No. 02-01, § 1, 2-12-02)

The City of Irvine maintains a merit system governing personnel actions. Employment and promotion shall be based on merit and fitness, free of personal and political considerations, and in no way shall be affected or influenced by race, religious creed, color, national origin, ancestry, sex, marital status, age, sexual orientation, or medical condition, or physical or mental disability, unless based upon a bona fide occupational qualification. The Personnel Rules and Procedures and their administration shall be consistent with applicable State and federal laws. Continued employment of employees covered by the Personnel Rules shall be subject to satisfactory work performance, necessity for the performance of work and the availability of funds.

(Ord. No. 02-01, § 1, 2-12-02)

Appointments to vacant positions in the competitive service shall be made in accordance with the Personnel Rules and Procedures. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination.

(Ord. No. 02-01, § 1, 2-12-02)

Lay-off and re-employment actions shall follow the process outlined in the Personnel Rules and Procedures.

(Ord. No. 02-01, § 1, 2-12-02)

All regular appointments to the competitive service shall be subject to a probationary period. The term of the probationary period shall be defined in the Personnel Rules and Procedures.

(Ord. No. 02-01, § 1, 2-12-02)

The City Manager or his/her designee shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee in the competitive service for cause in accordance with procedures established in the Personnel Rules and Procedures. An employee may have the right to appeal disciplinary action. All appeals shall be processed in accordance with the requirements and procedures set forth in the Personnel Rules and Procedures.

(Ord. No. 02-01, § 1, 2-12-02)

The political activities of City employees shall conform to pertinent provisions of State law.

(Ord. No. 02-01, § 1, 2-12-02)

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 of 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 City service.

(Ord. No. 02-01, § 1, 2-12-02)