Madera Municipal Code Ch. 2 Officers and Employees

Section

City Administrator

Director of Finance

Civil Service System

Training of Law Enforcement Officers

Purchasing Procedures

CITY ADMINISTRATOR

There is created the position of City Administrator who shall serve directly under the supervision and control of the Council.

('61 Code, § 2-2.101) (Ord. 174 N.S. passed - - ; Am. Ord. 547 C.S., passed 4-4-90; Am. Ord. 591 C.S., passed 1-6-93)

The powers and duties of the City Administrator shall be as follows:

(A) To execute on behalf of the Council its administrative supervision and control of such affairs of the city as may be placed in the City Administrator's charge;

(B) To attend meetings of the Council with the duty of reporting on or discussing any matter concerning the affairs of the departments, services, or activities under the City Administrator's supervision upon which, in his or her judgment, the Council should be informed;

(C) To assist the Council in coordinating the administrative functions and operations of the various departments, divisions, and services of the city government;

(D) To analyze the functions, duties, and activities of the various departments, divisions, and services of the city government and all employees thereof, and to make such recommendations to the Council with reference thereto as in his or her judgment will result in the highest degree of efficiency in the overall operation of the city government;

(E) To cause to be prepared and submitted to the City Administrator by each department, division, or service of the city government itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages, and miscellaneous operating costs; to tabulate the same into a preliminary consolidated municipal budget; and to submit the same to the Council before June 15 of each year with the City Administrator's recommendations as to such changes which he or she deems advisable;

(F) To be responsible for the administration of the budget after its final adoption and to keep the Council informed with respect thereto;

(G) As executive officer for the Council, to coordinate the expenditures of all departments, divisions, or services of the city government, correlating such activities with the activities of the Director of Finance as the City Purchasing Officer.

(H) To develop and organize necessary public improvement projects and programs, and to aid and assist the Council and the various departments in carrying the same through to successful conclusions;

(I) To serve as public relations officer of the city government;

(J) To cooperate with all community organizations which aims and purposes are to advance the moral and material interests of the city and its people, and to provide them with assistance through the city government;

(K) To make and keep up to date an inventory of all property, real and personal, owned by the city and to recommend to the Council the purchase of new machinery, equipment, and supplies whenever in his or her judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery and equipment in use; and

(L) To work and cooperate with the Clerk in his or her office at all times in preparing reports, budgets, and general finances for presentation to the Council.

('61 Code, § 2-2.102) (Ord. 174 N.S., passed - - ; Am. Ord. 547 C.S., passed 4-4-90; Am. Ord. 591 C.S., passed 1-6-93; Am. Ord. 609 C.S., passed 1-5-94)

The City Administrator shall act as the executive officer for the Council in the discharge of its administrative functions but shall not exercise any policy-making or legislative functions whatsoever, nor attempt to commit or bind the Council, or any member thereof, to any action, plan, or program requiring official Council action. It is not intended by this subchapter to grant any authority to, or impose any duty upon, the City Administrator which is vested in or imposed by general law or valid city ordinances in any other City Commission, board, department, officer, or employee.

('61 Code, § 2-2.103) (Ord. 174 N.S., passed - - ; Am. Ord. 547 C.S., passed 4-4-90; Am. Ord. 591 C.S., passed 1-6-93)

In the discharge of official duties, the City Administrator shall endeavor at all times to exercise the highest degree of tact, patience, and courtesy in his or her contacts with the public and with all city commissions, boards, departments, officers, and employees and shall use his or her best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the city to the end that highest possible standards of public service be continuously maintained.

('61 Code, § 2-2.104) (Ord. 174 N.S., passed - - ; Am. Ord. 547 C.S., passed 4-4-90; Am. Ord. 591 C.S., passed 1-6-93)

DIRECTOR OF FINANCE

There is created and established the office of Director of Finance. The Director of Finance shall be the Chief Accounting Officer of the city and shall be vested and charged with the powers and duties set forth in this subchapter.

('61 Code, § 2-2.201) (Ord. 318 N.S., passed - - )

The Director of Finance shall be appointed by, and shall serve at the pleasure of, the City Administrator.

('61 Code, § 2-2.202) (Ord. 318 N.S., passed - - ; Am. Ord. 591 C.S., passed 1-6-93; Am. Ord. 632 C.S., passed 2-15-95)

The powers and duties of the Director of Finance shall be as follows:

(A) To administer the financial affairs of the city as required by law, under the direction of the City Administrator, and to submit all financial reports and other financial information as may be required or desired by the City Administrator or City Council directly to the City Council and to the City Administrator.

(B) To prepare the annual budget and estimates of revenues;

(C) To maintain a general accounting system for the city as a whole and for its departments, offices, and agencies;

(D) To act as City Purchasing Agent and to supervise and control the disbursement of all monies, the audit of all purchase orders prior to issuance, and the audit and approval of all bills, invoices, payrolls, demands, or other charges against the city to determine that the charges are regular and correct and that funds have been appropriated therefor;

(E) To submit to the City Council and the City Administrator a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city, and to submit annually, at the end of the fiscal year, a complete financial statement and report;

(F) To supervise the keeping of correct inventories of all property of the city by all city departments, offices, and agencies;

(G) To perform all other financial and accounting duties imposed upon the City Clerk by Cal. Gov't Code §§ 40802 through 40805.5 and perform all duties imposed upon the City Clerk by Cal. Gov't Code §§ 37201 through 37208 which may not be specifically enumerated in this section;

(H) To perform all functions and duties relating to the administration and collection of all licenses and other city taxes not collected by county or state agencies; and

(I) To perform such other duties specified by resolution of the City Council or as requested by the City Administrator.

('61 Code, § 2-2.203) (Ord. 318 N.S. passed - - ; Am. Ord. 591 C.S., passed 1-6-93; Am. Ord. 609 C.S., passed 1-5-94; Am. Ord. 632 C.S., passed 2-15-95)

Prior to the commencement of any official duties, the Director of Finance shall furnish to the city a corporate surety bond in the penal sum of $25,000, which bond shall be conditioned upon the faithful performance of his or her duties imposed upon the Director of Finance by this subchapter, and shall conform to the provisions of the Government Code of the state relating to bonds of public officers.

('61 Code, § 2-2.204) (Ord. 318 N.S., passed - - )

CIVIL SERVICE SYSTEM

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 as determined by competitive test, and to provide a reasonable degree of security for qualified employees, the following Civil Service System is adopted.

('61 Code, § 2-2.301) (Ord. 10 C.S., passed 9-20-61)

The City Administrator shall be ex-officio Personnel Officer. With the approval of the Council, the City Administrator 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 as provided in § 2-2.322 of this subchapter. The specific duties of the Personnel Officer shall be as follows:

(A) Attend all meetings of the Civil Service Commission and serve as its secretary;

(B) Administer all the provisions of this subchapter and of the personnel rules not specifically reserved to the Council or the Civil Service Commission;

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

(D) Maintain a position classification plan, including class specifications, and revisions of the plan. Any revisions to the position classification plan shall become effective upon approval by the Council; and

(E) Maintain a plan of compensation, and revisions thereof, covering all classifications in the competitive service. Any revisions to the plan of compensation shall become effective upon approval by the Council.

('61 Code, § 2-2.302) (Ord. 10 C.S., passed 9-20-61)

(A) There is created a Civil Service Commission (Commission) to consist of seven members, to be appointed as provided in this chapter.

(B) Chairperson. Annually, the Commission shall, by majority vote, designate one of its members as the chair of the Commission in a manner consistent with the Civil Service Commission Rules of Procedure.

(C) Qualifications. Members of the Civil Service Commission shall be residents of the city. No person shall be appointed to the Commission who holds any employment with the city, nor shall any member be employed by or under the direct supervision of any current member of the City Council.

(‘61 Code, § 2-2.303) (Ord. 10 C.S., passed 9-20-61; Am. Ord. 604 C.S., passed 12-1-93; Am. Ord. 619 C.S., passed 3-16-94; Am. Ord. 653 C.S., passed 4-3-96; Am. Ord. 669 C.S., passed 3-19-97; Am. Ord. 902 C.S., passed 3-20-13; Am. Ord. 982 C.S., passed 12-15-21; Am. Ord. 989 C.S., passed 4-20-22)

(A) The Civil Service Commission shall determine the order of business for the conduct of its meetings, and shall meet regularly if so required by the rules, or on call of the Chairman or three members of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business.

(B) The functions of the Commission shall be:

(1) As provided by this subchapter and by the rules, to hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, or alleged violation of this subchapter or the personnel rules and to certify its findings and recommendations as provided in this subchapter;

(2) In any investigation or hearing conducted by the Commission, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the City Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and refusal of a person to attend or testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council. Each member of the Civil Service Commission shall have the power to administer oaths to witnesses;

(3) To publish or post notices of examinations for positions in the competitive service; to receive applications therefor; to conduct and score examinations; and to certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. The Civil Service Commission shall cause the duties imposed upon it by this subsection to be performed by the City Clerk, except the duty to conduct and score examinations, which shall be performed for the Civil Service Commission by the City Administrator unless the City Administrator shall cause the City Clerk to conduct and score examinations; and

(4) When requested by the Council or the City Administrator, the Civil Service Commission shall hold hearings and make recommendations on any matter of personnel administration, within the limits of a request of the Council or the City Administrator.

('61 Code, § 2-2.304) (Ord. 10 C.S., passed 9-20-61)

Except as hereinafter provided, the provisions of this subchapter shall apply to all offices, positions, and employments in the service of the city except:

(A) Elective officers;

(B) Members of 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, such as volunteer firemen, who receive no regular compensation from the city; and

(E) The City Manager, Police Chief, Golf Course Superintendent, Director of Financial Services, City Attorney and attorney subordinates, if any, City Clerk, City Engineer, Director of Community Development, Public Works Operations Director, Director of Parks and Community Services, Planning Manager, Director of Human Resources, Executive Director of the Successor Agency to the Former Madera Redevelopment Agency, Director of Administrative Services, Chief Building Official, Information Services Manager, Communications Manager, and Neighborhood Preservation Manager.

(‘61 Code, § 2-2.305) (Ord. 10 C.S., passed 9-20-61; Am. Ord. 188 C.S., passed 9-6-72; Am. Ord. 462 C.S., passed 7-1-86; Am. Ord. 667 C.S., passed 1-15-97; Am. Ord. 857 C.S., passed 5-20-09; Am. Ord. 932 C.S., passed 3-16-16; Am. Ord. 978 C.S., passed 9-15-21)

Personnel rules, prepared by the City Administrator subject to the provisions of this subchapter and to revision by the Council, shall be adopted by, and may be amended from time to time by, resolution of the Council. The personnel rules shall establish specific procedures and regulations governing the following phases of the personnel system:

(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 the 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 temporary and emergency appointments;

(F) Evaluation of employees during the probationary period;

(G) Transfer, promotion, demotion, and reinstatement of employees in the competitive service;

(H) Separation of employees from the city service through layoff, suspension, and dismissal;

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

(J) Suitable provision for orderly and equitable presentations to the City Administrator and to the Council by employees relating to general conditions of employment.

('61 Code, § 2-2.306) (Ord. 10 C.S., passed 9-20-61)

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 examinations. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of such recognized selection techniques as achievement and aptitude tests and other written tests, personal interview, performance tests, evaluation of daily work performance and work samples, or any combination of these, which will, in the opinion of the Personnel Officer, test fairly the qualifications of candidates. 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.

('61 Code, § 2-2.307) (Ord. 10 C.S., passed 9-20-61)

When appointments are to be made to a vacancy in the competitive service, the City Clerk shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list. In the absence of appropriate employment lists, a temporary appointment may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment. The City Administrator, with the approval of four-fifths of the Council, may extend the period for any temporary appointment to a temporary position for not more than 30 days by any one action. When a position is to be filled by temporary appointment, or a temporary appointment is to be extended, the Council shall direct the City Clerk to record such action in the minutes of the meeting of the Council. No special credit shall be allowed in meeting any qualification or in the giving of any tests or the establishment of any employment or promotional lists for service rendered under a provisional appointment. During the period of suspension of an employee, or pending final action on proceedings to review the suspension, demotion, or dismissal of an employee, such vacancy may be filled by the appointing authority, subject to the provisions of this subchapter and the personnel rules.

('61 Code, § 2-2.308) (Ord. 10 C.S., passed 9-20-61)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year, except that as to any class of position, the rules may provide for an extension of the period for not more than an additional one year. During the probationary period, the employee may be rejected at any time without right of appeal or hearing.

('61 Code, § 2-2.309) (Ord. 10 C.S., passed 9-20-61; Am. Ord. 58 C.S., passed 2-5-64)

Any person holding a position included in the competitive service who, on September 20, 1961, 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 date without a qualifying test, and shall thereafter be subject in all respects to the provisions of this subchapter 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 appointment or employment.

('61 Code, § 2-2.310) (Ord. 10 C.S., passed 9-20-61)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions.

('61 Code, § 2-2.311) (Ord. 10 C.S., passed 9-20-61)

The City Administrator is vested with the power to appoint, make transfers, promotions, demotions, reinstatements, and layoffs, and suspend or dismiss employees in the classified service pursuant to, and in accordance with, the personnel rules. The City Administrator is further vested with the power to appoint, dismiss, suspend, or take such actions as the City Administrator deems warranted in connection with officers and employees in the unclassified service. In the event of an opening for a position in the unclassified service, the City Administrator shall determine from the Council whether the method of filling such position shall be by promotion or through open examination. In the event of a proposed dismissal, the City Administrator shall, prior to any action thereon, inform the Council of the circumstances involved, the action which will be taken, and the reasons therefor. The foregoing notwithstanding, the provisions of this section shall not apply to the positions of City Clerk, City Treasurer, and City Attorney.

('61 Code, § 2-2.312) (Ord. 10 C.S., passed 9-20-61; Am. Ord. 104 C.S., passed 3-8-67; Am. Ord. 188 C.S., passed 9-6-72; Am. Ord. 591 C.S., passed 1-6-93; Am. Ord. 632 C.S., passed 2-15-95)

Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power with the right of appeal, but such suspensions shall not exceed a total of 30 calendar days in any fiscal year. A department head not having the power of appointment may make disciplinary suspensions in accordance with the personnel rules.

('61 Code, § 2-2.313) (Ord. 10 C.S., passed 9-20-61)

Any permanent employee in the competitive service who has been demoted, dismissed, or reduced in pay shall be entitled to request a written statement of the reasons for such action. Such a request shall be made within three working days following the action, and the employee shall have three additional working days within which to answer the charges in writing. In the event the employee requests the statement and prepares his or her written answer, copies of both shall be filed with the Personnel Officer, who shall transmit them to the Civil Service Commission. Within ten days from the date of filing his or her answer to the written charges, or in the event such written charges have not been made available to him or her within the time prescribed, then within ten days after the action taken to demote, dismiss, or reduce the pay of the employee, he or she may file a written demand with the Personnel Officer requesting a hearing before the Civil Service Commission. The Civil Service Commission shall then investigate the case and conduct a hearing as provided in this subchapter and by the rules. 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.

('61 Code, § 2-2.314) (Ord. 10 C.S., passed 9-20-61)

Any employee in the competitive service shall have the right to appeal to the Civil Service Commission relative to any disciplinary action, dismissal, demotion, or alleged violation of this subchapter or the personnel rules, except in instances where the right of appeal is prohibited by this subchapter. Thereupon, the Commission shall make such investigation as it may deem necessary and within 30 days after the request for a hearing was filed, the Commission shall hold a hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Within ten days after concluding the hearing, the Civil Service Commission shall certify its findings and recommendations to the Council. The Council shall review the findings and recommendations of the Civil Service Commission and may then affirm, revoke, or modify the action taken, as in its judgment seems warranted, and the action taken shall be final.

('61 Code, § 2-2.315) (Ord. 10 C.S., passed 9-20-61; Am. Ord. 58 C.S., passed 2-5-64)

Whenever in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for the position or employment involved no longer exists, the Council may abolish any position or employment in the competitive service and lay off, demote, or transfer an employee holding such position or employment without filing written charges and without the right of appeal. Seniority shall be observed in effecting such reduction in personnel, and the order of layoff shall be in reverse order of the total cumulative time served in the city service upon the effective date of the layoff. Layoffs shall be made within classes of positions, and all provisional employees in the affected classes shall be laid off prior to the layoff of any probationary or permanent employee. For the purpose of determining order of layoff, the total cumulative time shall include any time served on a military leave of absence.

('61 Code, § 2-2.316) (Ord. 10 C.S., passed 9-20-61)

The names of probationary and permanent employees laid-off shall be placed upon reemployment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifications, duties, and responsibilities of those of the class of positions from which the layoff was made. The names of persons laid-off shall be placed upon reemployment lists in the order of their competency and shall remain on such lists for a period of two years unless reemployed sooner. For reemployment purposes, the competency of a person laid-off shall be determined by the head of the department in which such person worked.

('61 Code, § 2-2.317) (Ord. 10 C.S., passed 9-20-61)

The City Administrator shall consider and make recommendations to the Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this subchapter:

(A) The preparation of personnel rules and subsequent revisions and amendments thereof;

(B) The preparation of a position classification plan and subsequent revisions and amendments thereof;

(C) The preparation of a plan of compensation and subsequent revisions and amendments thereof;

(D) The preparation, conduct, and grading of competitive tests; and

(E) Special and technical services of advisory or informational character on matters relating to personnel administration.

('61 Code, § 2-2.322) (Ord. 10 C.S., passed 9-20-61)

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

('61 Code, § 2-2.323) (Ord. 10 C.S., passed 9-20-61)

TRAINING OF LAW ENFORCEMENT OFFICERS

The city declares that it desires to qualify to receive aid from the state pursuant to the provisions of Cal. Penal Code Chapter 1, Title 4, Part 4.

('61 Code, § 2-2.401) (Ord. 21 C.S., passed 1-17-62)

Pursuant to the provisions of Cal. Penal Code § 13522 of Chapter 1, the city, while receiving aid from the state pursuant to Chapter 1, will adhere to the standards for recruitment and training established by the State Commission on Peace Officer Standards and Training.

('61 Code, § 2-2.402) (Ord. 21 C.S., passed 1-17-62)

PURCHASING PROCEDURES

In order to establish efficient procedures for the purchase of supplies and equipment, to secure for the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a Purchasing System is established.

('61 Code, § 2-2.501) (Ord. 157 C.S., passed 1-20-71)

The Director of Finance is appointed the Purchasing Officer of the city and the head of the Central Purchasing Department, and he or she is vested subject to the direction of the City Administrator with full authority to purchase all supplies and equipment for the city. Subject to the direction of the City Administrator, the duties of the Purchasing Officer may be performed by an authorized representative or be delegated to such city office or position as may be determined by the Director of Finance.

('61 Code, § 2-2.502) (Ord. 157 C.S., passed 1-20-71; Am. Ord. 591 C.S., passed 1-6-93)

The Purchasing Officer shall have the authority and responsibility to purchase all supplies and equipment necessary and proper for the conduct of city operations required by any department in accordance with the purchasing procedures established by this chapter, administrative regulations as may be adopted by the Purchasing Department, and such other rules and regulations as are prescribed by the Council.

('61 Code, § 2-2.503) (Ord. 157 C.S., passed 1-20-71)