La Palma Municipal Code Art. X Personnel System

Footnotes:

--- (9) ---

State Law reference— Authority of a City to establish a personnel system, merit system, or civil service system, Government Code § 45000 et seq.

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 of qualified employees, the personnel system set forth in this article is hereby adopted.

(Code 1975, § 18A-1; Ord. No. 82-23, § 1, 10-21-1982)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appointing authority means the City Manager, who in his or her individual capacity, has the final authority to appoint, promote, discipline, demote and remove any officers and employees of the City, except the City Attorney.

Appointment means the selection of a candidate for a full-time position in the competitive service and assigned to such position.

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 regular full-time positions of employment in the service of the City, except those specifically excluded by this article.

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

Disciplinary action means demotion, reduction in pay, suspension, or dismissal for due cause.

Dismissal means the discharge of an employee from the competitive service for due cause.

Due cause means a violation of the provisions of the Administrative Manual, personnel rules, department rules, or procedures, or any conduct or behavior that would publicly embarrass or discredit members of the City Council, the City Manager, his or her staff, or the citizens of the City.

Emergency leave of absence means that in an emergency, an employee is granted a leave without pay without loss of vacation, sick leave, and seniority benefits.

Employment list means a list of names of persons who may be considered for employment with the City under specific conditions.

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

Grievance means any dispute concerning the interpretation of application of the administrative rules, personnel rules, regulations governing personnel practices, wages, hours, and other terms and conditions of employment.

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 organizational changes.

Open test means an examination for a position in the competitive service that is advertised and made available to all interested persons.

Personal leave of absence means an employee is granted a leave without pay during which no benefits are accrued.

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

Position classification plan means a manual describing employee career ladders, class titles, and class specifications for all positions in the competitive service.

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

Probationer means an employee who is still working in a probationary period.

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

Promotional test means an examination for a position in the competitive service that is only open to existing employees.

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 on an employment list.

Reduction in pay means an employee is reduced in salary within the salary range for the position to which appointed.

Re-employment means the rehiring, without examination, of a former full-time employee.

Regular status means the status of an employee in the competitive service who has successfully completed a probationary period.

Suspension means the temporary separation from the service of an employee with or 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.

(Code 1975, § 18A-2; Ord. No. 82-23, § 2, 10-21-1982; Ord. No. 88-13, § 1; Ord. No. 97-08, § 3)

The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him or her as Personnel Officer under this article 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 2-292. The Personnel Officer shall:

(1) Administer all the provisions of this article and of the personnel rules.

(2) Prepare and recommend to the City Council personnel rules, and revisions and amendments to such rules.

(3) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan.

(4) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications thereof; the conducting and grading of tests; the certifications of an employment list of all persons eligible for appointment to the appropriate position in the competitive service.

(Code 1975, § 18A-3; Ord. No. 82-23, § 3, 10-21-1982; Ord. No. 2000-04, § 1)

State Law reference— Authority of legislative body of City to appoint personnel officer and delegate powers and duties in relation to system, Government Code § 45004.

The provisions of this article shall apply to all offices, positions and employments in the service of the City, except the following certain exempt positions:

(1) Elective officers.

(2) City Manager.

(3) City Attorney.

(4) City Treasurer.

(5) Members of appointive boards and committees.

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

(7) Volunteer personnel.

(8) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as earthquake, flood, etc., which threatens life or property.

(9) Employees, other than those listed elsewhere in this section, who are not employed in full-time positions.

(10) Management employees, as designated in the management classification plan.

(Code 1975, § 18A-4; Ord. No. 82-23, § 4, 10-21-1982; Ord. No. 88-13, § 2; Ord. No. 97-08, §§ 4, 5)

Personnel rules shall be adopted by resolution of the City Council. 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 (optional if not within the scope of representation). The rules shall establish regulations governing the personnel system, including:

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

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

(4) Certification and appointment of persons from employment lists, and the making of provisional appointments.

(5) Establishment of probationary periods.

(6) Evaluation of employees during the probationary period.

(7) Transfer, promotion, disciplinary action, layoff, and re-employment of employees in the competitive service.

(8) Dismissal of employees from City service.

(9) The establishment of adequate personnel records.

(10) The establishment of appeal procedures concerning the interpretation or application of this article and any rules adopted hereunder.

(Code 1975, § 18A-5; Ord. No. 82-23, § 5, 10-21-1982)

(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 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. Unless waived by the Personnel Officer, medical examination shall be given as a part of the selection process.

(b) In any examination, the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

(c) Appointments shall be subject to approval by the appointing authority or by the officer in whom the power to make appointments has been delegated.

(d) When appointment is to be made to a vacancy in the competitive service, the Personnel Officer shall transmit to the department head the names of all persons on the appropriate certified employment list, in the order in which they appear on the list. Such department head shall select and recommend to the appointing authority the person to fill the vacant position.

(Code 1975, § 18A-6; Ord. No. 82-23, § 6, 10-21-1982)

(a) All regular appointments, including promotional appointments, shall be for a probationary period of not less than six 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 or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is dismissed from the City service as provided in this article and the personnel rules.

(Code 1975, § 18A-7; Ord. No. 82-23, § 7, 10-21-1982)

(a) Any person holding a position included in the competitive service who, on the effective date of the ordinance from which this article is derived, 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 or 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 article 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.

(Code 1975, § 18A-8; Ord. No. 82-23, § 8, 10-21-1982)

(a) Any department head shall have the right, for due cause, to recommend to the appointing authority, demotion, reduction in pay, suspension with or without pay, or dismissal of an employee. Such action shall first be subject to review by the Personnel Officer for the reasonableness of the disciplinary action to the cause for such action. Notice of such intended action must be in writing and served personally on such employee in advance, except where an emergency situation exists, in which case the notice in writing shall be served as soon as possible on such employee. Regular notice shall contain a statement of the reason or reasons for such intended action. The employee shall be given sufficient time to respond orally or in writing before any final disciplinary action is taken. All disciplinary action shall be subject to approval by the appointing authority.

(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 as approved by the City Council.

(Code 1975, § 18A-9; Ord. No. 82-23, § 9, 10-21-1982)

(a) Any employee in the competitive service shall have the right to appeal to the City Manager any disciplinary action, grievance, or alleged violation of this article adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this article or the rules adopted thereunder. The decision of the City Manager shall be final.

(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 adopted pursuant to this article.

(Code 1975, § 18A-10; Ord. No. 82-23, § 10, 10-21-1982)

(a) Whenever in the judgment of the City Council it becomes necessary in the interest of 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. Length of service shall be an important consideration; however, the department head shall also take into consideration the job performance of employees in preparing a recommended layoff list. No regular or probationary employee shall be laid off from his or her position in any department while any provisional employee is serving in the same class in that department.

(c) Employees to be laid off shall be given at least 14 days' prior notice.

(d) The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon re-employment 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 re-employment lists in accordance with this section, and who are rehired within the prescribed period, shall be regarded as having been on emergency leave of absence during this period of absence, and entitled to all benefits accruing during such leave.

(Code 1975, § 18A-11; Ord. No. 82-23, § 11, 10-21-1982)

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

(Code 1975, § 18A-12; Ord. No. 82-23, § 12, 10-21-1982)

State Law reference— Political activities of public employees generally, Government Code § 3201 et seq.

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, or dismissed, or in any way favored or discriminated against because of political opinions or affiliations, race, color, creed, national origin, religious belief, marital status, sex, citizenship, age, handicap, or because of the exercise of his or her rights under Government Code § 3502.

(Code 1975, § 18A-13; Ord. No. 82-23, § 13, 10-21-1982)

State Law reference— Right of public employees to form, join, and participate in the activities of employee organizations, Government Code § 3502.

The Personnel Officer shall consider and prepare recommendations 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 article:

(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, conduct, and grading of competitive tests.

(4) The conduct of employee training programs.

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

(Code 1975, § 18A-14; Ord. No. 82-23, § 14, 10-21-1982)

State Law reference— Authority of legislative body of City to contract for conducting of competitive examinations of applicants for positions and employment in the City service and performance of any other service in connection with personnel selection and administration, Government Code § 45008.

The provision of any memorandum of understanding duly adopted by the City and the recognized employee bargaining unit shall supersede any provisions of this article which are inconsistent or in conflict with the memorandum of understanding.

(Code 1975, § 18A-15; Ord. No. 88-12, § 1)