Lompoc Municipal Code Ch. 2.64 Personnel

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 for qualified employees, the following personnel system is hereby adopted.

(Prior code § 2401)

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 Chapter to any other officer or employee of the City or may recommend that such powers and duties be performed under contract with a qualified person or agency. 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 or Hearing Officers.

B. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. The City Attorney shall approve the legality of such rules and amendments prior to their submission to the City Council.

C. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan, and any revisions thereof, shall become effective upon approval by the City Council.

D. Prepare or cause to be prepared a plan of compensation and revisions thereof, covering all classifications in the competitive service and the plan and any revisions thereof, shall become effective upon approval by the City Council.

E. Provide for the recruiting, examination and certification to the appointing power of a list of persons eligible for appointment to the appropriate positions in the competitive service.

(Prior code § 2402; Ord. 1673(20) § 42)

A. Except as otherwise specifically provided, the provisions of this Chapter shall apply to all offices, positions and employments in the service of the City, except:

1. Elective officers;

2. Members of appointive boards, commissions and committees;

3. The City Manager and the City Attorney who are appointed by and serve at the direction of the City Council. Those positions, other than the secretary, appointed by and serving at the direction of the City Manager;

4. Persons engaged under contract to supply expert, professional, technical or other services;

5. Volunteer personnel, such as volunteer firefighters;

6. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;

7. Employees who are employed less than half time which is hereby defined as employees who are expected to or do work less than 1,040 hours in any one fiscal year.

B. Notwithstanding the provisions of this Section, and unless otherwise provided by contract or agreement, the provisions of this Chapter and of the personnel rules relating to attendance and leaves, (reference Personnel Rule X), authorization and procedures for expense reimbursement (reference Personnel Rule XVII) and assignment and use of City property (reference Personnel Rule XVII) shall apply to the City Manager, City Attorney, City Clerk, and City Treasurer, and those positions, other than the secretary, appointed by and serving at the direction of the City Manager.

(Prior code § 2404; Ord. 1613(15) § 5; Ord. 1673(20) § 42)

Personnel rules shall be adopted by resolution of the City Council after notice of such proposed action has been publicly posted, in City Hall and all official bulletin boards, at least five days prior to City Council consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. 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. 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. Public announcement of all tests and acceptance of applications for employment;

D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

E. Certification and appointment of persons from employment lists, and the making of provisional and emergency appointments;

F. Evaluation 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 the City service;

I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;

J. The establishment of adequate personnel records;

K. The establishment of grievance and appeal procedures.

(Prior code § 2405)

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 explanation.

B. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which with 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. Physical and medical tests may be given as a part of any examination.

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

D. Appointments shall be made by the Personnel Officer or by the officer in whom the power to make appointments is vested.

E. When appointment is to be made to a vacancy in the competitive services, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.

F. In the absence of appropriate employment lists, a provisional appointment may be made not to exceed six months by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge (of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this Chapter and the personnel rules.

(Prior code § 2406)

A. All regular appointments shall be for a probationary period of six months, except employees specified to serve for a probationary period of one year or more. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.

B. Promotional appointments shall be for a probationary period of six months. During the probationary period of promotional appointments, an employee may be rejected, but shall have the right of appeal or hearing.

C. 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 discharged from the City service as provided in this Chapter and the rules.

(Prior code § 2407)

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in 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 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 to the provisions of this Chapter and 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 rules before obtaining regular status. The probationary period shall be computed from the date of employment.

(Prior code § 2408)

A. The Personnel Officer shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for up to 30 calendar days, any permanent employee in the competitive service, volunteer employee, emergency employee or part time employee. Notice of such action must be in writing and served personally on such employee within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.

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.

(Prior code § 2409)

A. Any employee in the competitive service shall have the right to appeal in accordance with the procedures set forth in the personnel rules, any disciplinary action, adverse interpretation or alleged violation of this Chapter or the rules adopted thereunder, except in those circumstances where the right of appeal is specifically prohibited by this Chapter or the rules adopted thereunder.

B. A Hearing Officer conducting an appeal hearing in accordance with the Personnel Rules shall have the power to examine witnesses under oath, the power to compel the attendance of witnesses by subpoena, and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the City and attested to by the City Clerk.

C. Hearing Officers shall have the right to administer oaths to witnesses.

D. 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 Chapter.

(Prior code § 2410)

A. Whenever in the judgment of the City Council it becomes necessary, the City Council may abolish any position of employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions, shall not be subject to written charges nor shall have the right of appeal in such cases.

B. Seniority shall be observed in effecting such reductions in personnel and the order of layoff shall be in the reverse order of total cumulative time with the City and shall include time served on military leave of absence.

C. The names of probationary and permanent employees laid off shall be placed on reemployment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities of those of the class of positions from which layoff was made.

D. Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served in probationary and permanent status, and shall remain on such lists for a period of one year unless re-employed sooner.

E. Failure to adhere to the above provisions with respect to the administration of effecting transfers, demotions or layoffs shall be subject to the personnel appeals procedures.

(Prior code § 2411)

The City desires to qualify to receive aid from the State under the provisions of Chapter 1, Title 4, Part 4 of the Penal Code of the State.

(Prior code § 2412)

Pursuant to Section 13522 of Chapter 1, Title 4, Part 4 of the Penal Code of the State, the City, while receiving aid from the State pursuant to such Chapter 1, will adhere to the standards for recruitment and training established by the State Commission on peace officer standards and training.

(Prior code § 2413)

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

(Prior code § 2414)