Lathrop Municipal Code Ch. 2.40 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, a personnel system is adopted.

(Prior code § 33.01)

The city manager, or a designee, shall administer the city personnel system, and may delegate any of the powers and duties to be performed under contract. The city manager shall:

A. Act as the appointing authority for the city;

B. Administer all the provisions herein and all personnel rules and regulations not specifically reserved to the city council;

C. Prepare and recommend to the city council personnel rules and regulations 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 as outlined herein, and in accordance with the personnel rules of the city;

F. Provide for the proper procedures in accordance with federal, state and local law for the recruitment and hiring of employees to the competitive service.

(Prior code § 33.02)

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 qualification 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 city service;

I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements, and appropriate procedures for maintaining the confidentiality of such records;

J. The establishment of any necessary appeal procedures.

(Prior code § 33.03)

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

A. Elective officials;

B. The city manager and any assistants to the city manager;

C. Members of appointive boards, commissions and committees;

D. All department heads;

E. Personnel engaged under contract to supply expert, professional, technical or any other services;

F. Volunteer personnel, such as volunteer firefighters or reserve police officers;

G. All council-appointed city officers;

H. 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;

I. Employees, other than those listed elsewhere herein, 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 1,040 hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules;

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

(Prior code § 33.04)

Status of all city employees shall be determined according to procedures set up in the personnel rules and regulations. The current status of all employees shall be listed in the personnel files.

(Prior code § 33.05)

A. Appointments and promotions shall be based on merit and fitness, to be ascertained so far as practical by competitive examination. Examinations may be used and conducted to aid 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 combination 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 part of any examination.

B. In any examination, the city manager or a 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.

(Prior code § 33.06)

A probationary period shall be established. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. The conditions and procedures of the probationary period shall be outlined in the personnel rules and regulations.

(Prior code § 33.07)

Layoff and re-employment actions shall follow the process outlined in the personnel rules.

(Prior code § 33.08)

The city manager or any delegated 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 and regulations.

(Prior code § 33.09)

A. Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension or discharge (other than layoff) for disciplinary reasons, except in those instances where the right of appeal is specifically prohibited herein or in the personnel rules and regulations.

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

(Prior code § 33.10)

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

(Prior code § 33.11)

Regardless of any other provisions of this code, the personnel rules and regulations, or any other written policy or document, those employees identified in Section 2.40.040(B), (D), (G) and/or (H) shall, in times of emergency declared by city council or the San Joaquin County board of supervisors, earn overtime compensation in the same manner as regular employees covered under the personnel rules and regulations.

(Prior code § 33.12)