Lomita Municipal Code Ch. 14 Personnel System

Footnotes:

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Editor's note— Ord. No. 364, § 1, adopted Feb. 21, 1984, repealed ch. 14, and enacted the provisions set out herein. The former ch. 14, which pertained to community development and resources commission, derived from Ord. No. 115, §§ 1—6, adopted Sept. 7, 1971. Section 1 of Ord. No. 485, adopted Aug. 19, 1991, added a new ch. 14, §§ 2-14.010—2-14.150. The editor renumbered the sections as .01—.15 for conformity with the remainder of the Code.

In order to establish an equitable and uniform procedure for dealing with personnel matters and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted.

(Ord. No. 485, § 1, 8-19-91)

The terms used to administer the personnel system shall be defined in the personnel rules and policies, hereinafter "personnel rules".

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)

The city manager shall administer the city personnel system and may delegate any of the powers and duties of such administration 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 2-14.13. The city manager shall:

(a) Act as the appointing authority for the city, for the appointment of all city employees other than the city manager, city attorney, and city treasurer, except that, appointment and removal of the city clerk shall be subject to the ratification provisions of [section] 2-2.07(b).

(b) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council.

(c) Prepare or cause to be prepared personnel rules and procedures and revisions thereto as necessary or proper. The city attorney shall approve the legality of such personnel rules and revisions prior to their submission to the city council for their implementation.

(d) Recommend to the city council personnel policy issues involving financial commitments such as, but not limited to, pay rates and employee benefit programs.

(e) Prepare, or cause to be prepared, a position classification plan, including class specifications, and revisions thereto as necessary or proper.

(f) Prepare, or cause to be prepared, a plan of compensation, and revisions thereof, covering all classification titles for authorized city positions. The plan and any revisions thereof shall become effective upon approval of the city council.

(g) Have the authority to discipline employees in accordance with this chapter and the personnel rules of the city.

(h) Provide for the recruitment and selection of city employees based upon open or promotional recruitments, and performing any other duty that may be required to administer the personnel system.

(i) Have the authority himself/herself or through a designated city employee to request from the State Department of Justice a copy of the State Summary Criminal History Information for any position—full-time, part-time, or volunteer—involving the care or supervision of children, minors, the elderly, the handicapped, or the mentally impaired, or for any other position with the city wherein such information is deemed important to the selection process. The city manager or designated city employee shall use the process and procedures established by resolution of the city council to implement this subsection.

(j) Comply with any employee organization meet and confer obligations mandated by the Meyers-Milias-Brown Act or other laws.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01; Ord. No. 699, § 1, 4-2-07; Ord. No. 766, § 2, 5-19-14)

The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, which offices, positions and employments shall be in the competitive service; except this chapter shall not apply to:

(a) Members of the city council.

(b) Members of the appointive boards, commissions and committees.

(c) Persons engaged under contract to supply expert, professional or technical services for a definite period of time.

(d) Volunteer personnel, who receive no regular compensation from the city.

(e) City attorney, city clerk, city manager, city treasurer, assistant city manager and/or assistant to the city manager.

(f) Department heads and other management positions so designated by the city manager.

(g) 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) Employees, other than those listed elsewhere in this section, who are not regularly employed in positions. "Regularly employed in positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than thirty-six (36) hours per week.

(i) Any new position hereafter created by the city council unless declared by the city council to be in the competitive service at the time of creation or thereafter.

Employees not included in the competitive service under this section shall serve at the will of their appointing authority and may be dismissed without cause or right to a hearing.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01; Ord. No. 699, § 1, 4-2-07)

Personnel rules shall be prepared and may be amended from time to time by the city manager, subject to review and approval by the city council. Any policy matters involving the commitment of financial resources shall be recommended and must be approved by the city council prior to implementation. The personnel rules shall govern the personnel system, including but not limited to:

(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) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class.

(c) Open and promotional recruitments to fill regular positions.

(d) The scheduling of temporary and emergency appointments.

(e) Establishment of probationary testing periods.

(f) Transfer, promotion, demotion and reinstatement of employees.

(g) Evaluation of the job performance of employees.

(h) Separation of employees from the city service.

(i) Content, maintenance and use of personnel records and forms.

(j) The establishment of any necessary appeal rights and procedures.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01; Ord. No. 699, § 1, 4-2-07)

(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. Examination shall be used in and conducted to aid in the selection of qualified employees and shall consist of selection techniques that will test fairly the qualifications of candidates such as achievement and aptitude tests and other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination of these 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 his/her designee may include, in addition to the competitive tests, qualifying test or tests, and set minimum standards therefor.

(c) The appointing authority of employees in the competitive service is the city manager.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01; Ord. No. 699, § 1, 4-2-07)

All appointments in the competitive service, including promotional appointments, shall be for a probationary period in accordance with applicable provisions of the personnel rules. Determinations as to satisfactory completion or extension of said period, and/or release of an employee during said period, shall also be consistent with the applicable provisions of the personnel rules.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)

Any person holding a position 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 personnel 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 in the 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 personnel rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

All employees as defined under this section are employed subject to the personnel system established herein which, in accordance with Government Code section 53291, supercedes any other system.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)

The city manager shall have the authority to demote, discharge, reprimand, reduce in pay or suspend without pay any regular employee for cause in accordance with procedures included in the personnel rules.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01 Ord. No. 699, § 1, 4-2-07)

Any nonprobationary employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension without pay exceeding one (1) day, or discharge for disciplinary reasons, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules adopted thereunder. All appeals shall be processed in accordance with the requirements and the procedures as set forth in the personnel rules adopted pursuant to this chapter. The personnel rules may provide for the right to appeal any action or decision in addition to those provided in this section.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)

Lay off and reemployment actions shall follow the process outlined in the personnel rules.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)

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

(Ord. No. 485, § 1, 8-19-91)

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 personnel system functions. The city council may contract with any qualified person, public entity, or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)

The council shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(Ord. No. 485, § 1, 8-19-91)

Whenever in the judgment of the council it becomes necessary in the interests of economy or because the necessity for the position involved no longer exists, the council may abolish any position or employment in the competitive service and discharge the employee or officer holding such position or employment.

(Ord. No. 485, § 1, 8-19-91; Ord. No. 638, § 1, 5-21-01)