Lindsay Municipal Code § 2.32 Personnel System

The purpose of this chapter is to create a basis for the establishment, regulation and maintenance of a personnel system governing those city human resource policies and procedures available to the city manager and his designees for the effective administration of the employees of the city.

1. The city manager shall have control of the city personnel system, and may delegate such authority, by written executive order, as is permitted by this code, resolutions, and rules and regulations promulgated in conformance therewith.
2. The director of administrative services is designated as the personnel officer for the purposes of this chapter, and shall have such duties as set out herein or as may be assigned by the city manager by written executive order.
3. The city manager, by written executive order, may delegate to the department heads such employee appointment, dismissal, discipline, promotion and other functions hereunder as he shall determine.

(Ord. 484 § 3 (part), 1996)

The city personnel system shall be carried out in detail through the personnel rules, which shall be developed by the city manager or his designee through the process set out in Section 2.40.070 of this code, and adopted by the city council by resolution.

1. The personnel rules shall provide for the following, each of which shall be a part of an integrated system of human resource management which shall at all times take into consideration the health, welfare, will being and morale of the city's employees:
2. Position classification descriptions;
3. A pay plan related directly to the position classification descriptions;
4. Force reduction procedures;
5. Working conditions;
6. Discipline and dismissal;
7. In-service training;
8. Grievances;
9. Relationships with employee organizations;
10. Regular and periodic employee performance evaluations;
11. Incentive plans; and
12. Competitive employee selection processes.
13. Selection, removal, discipline, promotion and pay shall at all times and in all ways possible be based on the principle of merit.
14. Selection and promotion shall be open, and consist of publicly posted and competitive selection processes utilizing, where and when feasible, validated examinations at entry level and objective evaluative processes for all other classifications, and for all promotions.
15. The personnel system shall in all manner and respects comply fully with all federal and state laws governing fair employment practices and prohibiting discrimination of all types and in all forms.

(Ord. 484 § 3 (part), 1996)

Each position created by the city budget shall be allocated to a position classification, grouped as appropriate with other similar positions.

1. The position classification plan shall be developed, reviewed and revised regularly and periodically to assure objectivity and fairness in assignment of positions to classifications.
2. There shall be a written description for each established position classification, which descriptions shall contain, among other things, the requirements or skills knowledge and abilities, education, and any special licenses or qualifications necessary to perform the duties assigned in a satisfactory manner.

(Ord. 484 § 3 (part), 1996

There shall be a multistep pay plan, consisting of a range of biweekly salary or hourly wage rates.

1. Each pay range shall consist of a minimum or starting salary or wage rate, a maximum salary or wage rate, and in, five percent increments, such intermediate salary or wage rates as shall be determined to secure adequate coverage of the competitive market for persons with the qualifications necessary to comply for the classification to which the salary or wage rate shall apply.
2. Each pay range shall be established and be based on annual surveys of related and competitive job markets for similar classifications.
3. Progress shall be made through the pay range based on merit, as defined, and shall follow such reviews and procedures as shall be set in the personnel rules.
4. Normally, initial employment in the classification shall be made at the initial or first step of the pay range, but the personnel rules may establish conditions by which deviation from such normal situation may exist.
5. Normally, when an employee attains the top step of his/her classification salary range, absent promotion to a classification with a higher pay range, employee shall remain at the maximum or top step of the multistep pay range to which the classification is assigned, as set out in the personnel rules.
6. Seniority steps may be added to the top of pay ranges, but shall be clearly labeled as such and shall have no bearing on merit, but solely on seniority in classification.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall provide for rules and regulations governing reductions in the number of employees employed by the city.

1. Such force reduction rules shall provide the basis on which such elimination of positions may be made and the basis for deciding which positions and persons filling such positions shall be subject to such reductions in force.
2. Reductions in force normally shall be made only due to reductions in budget appropriations as a result of adverse economic circumstances affecting the city, but such circumstances shall be spelled out in sufficient detail in the personnel rules and in the budgetary actions taken which result in such force reductions, so as to notify the city employees of their expectations for job tenure and employment continuity.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall set out in some level of detail and specificity the working conditions of city employees, but shall assure the following as minimal:

1. Compliance at all times with all applicable federal and state laws and regulations relating to job safety;
2. Assurance at all times of healthful working conditions;
3. Humane, understanding, supportive and instructional supervision;
4. Good faith efforts on the part of the city shall be made to establish and maintain such working conditions as shall be designated to foster a high level of employee competence and morale.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall contain explicit rules governing each of the following:

1. The discipline and levels thereof which may be applied to all city employees, including what sanctions might be applied for the violation of such performance rules;
2. The process, including steps and timing, by which employees shall be notified of pending disciplinary or dismissal actions, which shall in all ways assure and comply with governing law and court cases assuring the rights of employees and of the city as employer;
3. The establishment of probationary periods for each classification, and the dismissal of an employee while in a probationary status;
4. Appeals through the city supervisory and administrative hierarchy to the city manager to the filing of or the making of any appeal to the city council or recourse to any level of judicial proceeding.

(Ord. 484 § 3 (part), 1996)

The city shall develop and afford employees adequate opportunity for in-service training such that promotion from within shall be possible.

1. The personnel rules shall establish priorities for the creation of in-service training opportunities to be afforded to employees.
2. The personnel rules shall provide for payment by the city for appropriate in-service training, but may require partial payment by employees for certain predetermined known training opportunities.

(Ord. 484 §3 (part), 1996)

The personnel rules shall set explicit rules governing the circumstances under which grievances by employees might be made, the timing of such grievances, and the process by which such grievances shall be processed and resolved.

1. The personnel rules shall assure that all employee grievances are expeditiously addressed and either ameliorated or adequately written reasons provided to the grievant, as to the inability of the city to alleviate the subject of the grievance.
2. At the termination of any specific process involving a grievance, if such remains unresolved, such grievance may become the subject of further discussions pursuant to Section 2.32.070 of this code.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall at all times and in all ways recognize the provisions of Chapter 2.40 of this code, and such personnel rules shall not be revised in any manner without compliance with the process set out in Sections 2.40.040 through 2.40.080, inclusive, of this code.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall establish and set the rules, timing and process for a comprehensive periodic evaluation system whereby the performance of all city employees shall regularly be reviewed for adequacy, superiority or deficiencies.

1. The evaluation review system shall be consultative and corrective in nature, and based on reviews at least annually and, in case of perceived difficulties or superior performance, semiannually.
2. The evaluation review system and its results shall be subject to the rules establishing and under which the employee grievance system is administered.
3. Appeals beyond the city manager of the results of employee performance reviews shall not be allowed.
4. The evaluation system shall be administered by those within the city's established supervisory system, with each succeeding higher level of supervision reviewing not only the performance of the employees under the supervision of the supervisor who performs the evaluations, but reviewing the results of the reviews of subordinate employees whose performance is subject to review and evaluation by such subordinate supervisory personnel.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall make provision for incentives, both within the performance review and the periodic pay review processes as set out in this chapter and in the personnel rules promulgated hereunder.

1. Incentives shall include but not be limited to pay and other types and methods of reward to employees who provide exceptional service.
2. Incentives may also include forms of rewards for work groups exhibiting exceptional performance.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall set out in detail the processes and timing of the competitive processes by which city employees shall be selected.

1. Such competitive employee selection processes may include standardized entry level written examinations, interviews, personal background investigations and verifications, and such other processes as shall be determined to be predictive of future performance in the position to which recruitment is being made requiring such competitive employee selection.
2. Open-ended competitive processes may be utilized when difficulties are encountered in filling vacancies in city positions.
3. Promotional employee selections processes may utilize interviews, review of prior performance evaluations, and other objective evaluative processes and any such written tests or evaluative processes as may be determined to be valid for which the promotional process is being held.

(Ord. 484 § 3 (part), 1996)

The personnel rules and regulations shall carry out the requirements of this section regarding employee vacation leave and may from time to time be amended by a memorandum of understanding with one or both employee bargaining units.

1. All vacations taken by employees shall be at such time as to cause the least interruption of the normal of city government and shall be taken only after consultation with and consent of the applicable department head and, if a department head, the city manager.
2. Any regular employee who has been in continuous, full-time service of the city for a period of one year or more, who is about to resign, terminate, retire or is to be laid off without fault on his/her part, and who has earned vacation time to his/her credit, shall be paid for such vacation time on the effective date of such termination of employment.
3. In the event of a termination pursuant to subsection B of this section, it shall not be necessary to carry such employee on the payroll for the vacation period, and the vacancy thus created may be filled at any time after the employee ceases to perform the duties of his/her position.
4. When separation is caused by death of an employee, payment of vacation benefits, shall be made to the person entitled thereto pursuant to law.
5. Employment agreements made with the city manager and department heads pursuant to the City Charter may provide for additional vacation leave accumulations and regulations than those set out in this section.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall carry out the requirements of this section regarding employee sick leave.

1. Each employee of the city shall be entitled to sick leave without loss of pay, the terms of which shall be stipulated in the personnel rules and regulations and which may be modified from time to time by a memorandum of understanding of one or both employee bargaining units.
2. All use of sick leave shall be verified by the personnel officer.
3. Employment agreements made with the city manager and department heads pursuant to the City Charter may provide for additional sick leave accumulations and regulations than those set out in this section.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall take cognizance that the city is a contracting member of the California Public Employees Retirement System (PERS) pursuant to Chapter 2.36 of this code. Each and every employee of the city shall become a member of PERS under such conditions to govern his/her particular employment with the city.

(Ord. 484 § 3 (part), 1996)

The personnel rules shall provide for the taking of physical examinations, which may include drug testing, by employees and prospective employees.

1. Prior to the employment of any individual by the city, or at any time requested by the personnel officer, the prospective employee or the employee, whichever the case may be, shall take a complete physical examination to establish that the individual is in a satisfactory state of health to perform the duties of the position to which he/she is proposed to be assigned, or is already assigned, in the case of an existing employee. The city shall pay for such examination.
2. All employees shall take a complete physical examination at the age of sixty, and each and every year thereafter, the cost of which shall be borne by the city.
3. A copy of the results of each physical examination taken under the requirements of this section shall be provided to the employee or prospective employee and the personnel officer.
4. The results of each physical examination taken under the requirements of this section shall be held confidential until either the employee or prospective employee signs a waiver of such confidentiality, or a court of competent jurisdiction determines such to be public record.
5. Employment agreements made with the city manager and department heads pursuant to the City Charter may provide for additional physical examinations and the utilization of such than those set out in this section.

(Ord. 484 § 3 (part), 1996)

Clarifying interpretations and expansions of the personnel rules may be made as appropriate by the personnel officer, with the written approval of the city manager.

(Ord. 484 § 3 (part), 1996)