Larkspur Municipal Code Ch. 2.24 Personnel System

Sections: 2.24.010 Adoption of Personnel System. 2.24.020 Definitions. 2.24.030 Personnel Officer. 2.24.040 Competitive Service. 2.24.050 Adoption and Amendment of Rules. 2.24.060 Appointments. 2.24.070 Probationary Period. 2.24.080 Status of Present Employees. 2.24.090 Applicability of Rules to Certain Exempt Positions. 2.24.100 Demotion, Dismissal, Reduction in Pay, Suspension. 2.24.110 Right of Appeal. 2.24.120 Layoff and Reemployment. 2.24.130 Improper Political Activity. 2.24.140 Discrimination. 2.24.150 Right to Contract for Special Service.

In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and the 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. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

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

“Appointing 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 regular 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.

“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.

“Part-time employee” means an employee in the competitive service who is employed by the City for less hours than those authorized for the regular full-time position.

“Position” means a specific group of duties and responsibilities in the competitive service of ongoing duration provided for in the City’s budget, whether occupied or vacant, which comprises 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 their fitness for the position to which they are 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.

“Regular employee” means an employee in the competitive service who has successfully completed a probationary period and has been retained as provided in this chapter.

“Reinstatement” means the reemployment without examination of a former regular employee.

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

“Temporary employee” means a person appointed to a position of limited duration, limited frequency, or on a seasonal or intermittent basis.

“Transfer” means a change of an employee from one position to another position in the same class or in a comparable class with a substantially similar rate of pay. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon them 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 Larkspur Municipal Code Section 2.24.150. The Personnel Officer shall:

A. Administer all of the provisions of this chapter and of the personnel rules 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. 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.

D. Provide for the recruitment and selection procedures for filling positions in the competitive service in accordance with merit selection principles and the City’s personnel rules. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

The provisions of this chapter shall apply to all offices, positions and employments in the service of the City, except the positions listed below, which serve on an at-will basis:

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 services.

E. Volunteer personnel, such as volunteer firemen.

F. City Attorney.

G. Temporary 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.

H. Reserved.

I. Temporary employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions.

J. Unrepresented management unit employees, as identified by Council resolutions adopting benefits and salaries for such employees. (Ord. 1030 § 2(2), 2018; Ord. 1009 § 1; Res. 63/12; Ord. 989 § 2, 2012; Ord. 823 § 2 (part), 1991; Ord. 519 § 2 (part), 1975)

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. 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. Utilization of appropriate recruitment procedures, and acceptance of applications for employment.

C. Utilization of job-related selection procedures to identify persons eligible for appointment.

D. Establishment of pre-employment background and medical/psychological examinations.

E. Establishment of probationary periods.

F. Rejection 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 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. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

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.

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

Appointments shall be made by the City Manager. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 823 § 2 (part), 1991; Ord. 519 § 2 (part), 1975)

All regular appointments in the competitive service, including promotional appointments, shall commence with a probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.

An employee rejected during the probationary period from a position to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they are discharged from the City service as provided in this chapter and the rules. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

Any person holding a position included in the competitive service, who, on the effective date of 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 their 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 personnel rules.

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. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, unless otherwise specified. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

The City Manager shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay, any regular employee. Notice of such action must be in writing and served on such employee. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.

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. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

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

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. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

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. The employee holding such position for employment may be laid off without taking disciplinary action and without right of appeal. Layoff shall be conducted in accordance with the procedures set forth in the personnel rules and regulations adopted pursuant to this chapter. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

The political activities of City employees shall conform to pertinent provisions of state or federal law. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

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 their rights under Government Code Section 3502. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)

The City Manager may contract with any qualified person or public or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter. (Ord. 1030 § 2(2), 2018; Ord. 989 § 2, 2012; Ord. 519 § 2 (part), 1975)