Kingsburg Municipal Code Ch. 2.48 Personnel System

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 assure 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 following personnel system is adopted.

(Prior code § 26-1000)

As used in this chapter, the following terms shall be defined as indicated:

"Appointment power" means the officers of the city who, in their individual capacities, or as a board, commission, or city council, have the final authority to make the appointment to the position to be filled.

"Class" means all positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

"Competitive service" means all positions of employment in the service of the city except those specifically excluded by this chapter.

"Days" means calendar days unless otherwise stated.

"Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.

"Examination" means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

"Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.

"Layoff" means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the city council for the above reasons or due to organization changes.

"Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

"Probationary period" means a working test period during which an employee is required to demonstrate his/her fitness for the position to which he/she is appointed by actual performance of the duties of the position.

"Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.

"Provisional appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

"Reinstatement" means the reemployment without examination of a former regular employee or probationary employee.

"Suspension" means the temporary separation from the service of an employee without pay, for disciplinary purposes.

"Transfer" means a change of an employee from one position to another position in the same class or in a comparable class.

(Prior code § 26-1001)

The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him/her 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 26-1014 of this chapter. The personnel officer shall:

A. Attend all meetings of the personnel board and serve as its secretary;

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. The plan, and any revisions thereof, shall become effective upon approval by the city council;

E. Provide for the publishing or posting of notices of examinations for positions in the competitive service; the receiving of applications therefore; the conducting and grading of examinations; and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(Amended during 5-08 supplement; prior code § 26-1002)

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

A. The city manager;

B. Elective officers;

C. Members of appointive boards, commissions, and committees;

D. Persons engaged under contract to supply expert, professional, technical or any other service;

E. City attorney;

F. 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;

G. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions;

H. Such limited key, sensitive and/or critical management, professional, supervisory and/or confidential positions as the council shall determine from time to time and designate by resolution.

(Amended during 5-08 supplement; Ord. 95-01, 1995; prior code § 26-1005)

Personnel rules and regulations shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council and at least five days prior to city council consideration. The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the city council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall 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. Public announcement of all examinations and acceptance of applications for employment;

C. Preparation and conduct of examinations 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 periods;

F. Evaluation of employees during the probationary period;

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 of adequate personnel records;

J. The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.

The city council may wish to include within the scope of the rules and regulations such personnel matters as vacation, holidays, sick leave benefits, overtime, and grievance procedures.

K. Attendance and leave;

L. Grievance and complaint;

M. Seniority; and

N. Overtime and standby.

(Amended during 5-08 supplement; prior code § 26-1006)

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 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 or tests and set minimum standards therefore.

C. Appointments shall be made by the personnel officer upon recommendations of the head of the affected department.

D. When an appointment is to be made to a vacancy in the competitive service, the appointing officer may hire the best qualified person on the eligible list, order of appearance notwithstanding.

E. Notwithstanding any other provision of any other ordinance, this code or city rule and/or regulation, when a new position is created as a result of evolution of duties and where services have been previously satisfactorily performed for the city by an incumbent in the predecessor position for at least one continuous prior year of service at an average of no less than two-thirds of the hours equivalent to full-time employment at the time of creation of the new position, such an incumbent may be certified and appointed to the new position without creation of an eligible list regardless of whether the predecessor position was part of the competitive service.

(Amended during 5-08 supplement; Ord. 97-03 § 1, 1997: prior code § 26-1007)

A. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that the probationary period for police and fire employees shall not be less than twelve (12) months. 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/she has been promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she is discharged from the city service as provided in this chapter and the 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/she was promoted or transferred if action is taken to reject him/her unless he/she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.

(Amended during 5-08 supplement; prior code § 26-1008)

A. 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/her 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.

B. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(Amended during 5-08 supplement; prior code § 26-1009)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, unless otherwise specified.

(Amended during 5-08 supplement; prior code § 26-1010)

A. Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty (30) calendar days, any regular employee. Advance 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, contain a statement of the charges, the reasons for the charges, notify the employee of the right of appeal and representation by counsel, and shall state how and when the employee shall respond.

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.

(Amended during 5-08 supplement; prior code § 26-1011)

A. Any employee in the competitive service shall have the right to appeal to the personnel board any disciplinary action, or alleged violation of this chapter or the rules and regulations adopted pursuant to the chapter, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules and regulations adopted pursuant to this chapter.

B. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Amended during 5-08 supplement; prior code § 26-1012)

A. Whenever in the judgment of the city council it becomes necessary in the interest of the economy, or because the necessity for a position no longer exists, the city council may abolish any position or employment in the competitive service; and the employee holding such position for employment may be laid off without taking disciplinary action and without the right of appeal.

B. The order of layoff of employees shall be established by the personnel officer on the recommendation of the department head involved. The department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list; provided, however, that no regular or probationary employee shall be laid off his/her position in any department while any emergency, temporary or provisional employee is serving in the same class in that department.

C. Employees to be laid off shall be given such prior notice as is reasonable under the circumstances.

D. The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon reemployment lists for one year for those classes requiring basically the same qualifications, duties and responsibilities of the class from which layoff or demotion in lieu of layoff was made.

E. Persons whose names are placed on reemployment lists in accordance with this section, and who are reemployed within the prescribed period shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave.

(Amended during 5-08 supplement; prior code § 26-1013)

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

(Amended during 5-08 supplement; prior code § 26-1014)

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, race, color, ancestry, national origin, religious creed, sex, or because of the exercise of his/her rights under Section 3502 of the Government Code.

(Amended during 5-08 supplement; prior code § 26-1015)

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.

(Amended during 5-08 supplement; prior code § 26-1016)