McFarland Municipal Code Ch. 2.20 City Personnel System

The city shall maintain a personnel system governing the employees of the city, except the city manager, the city attorney, and the city finance director, and the city council shall adopt rules and regulations contained in the employee handbook for the administration of the city's personnel system.

(Ord. 203 §1, 1987)

(Ord. No. 0002-2021, § 2, 4-22-21)

The city council shall adopt an employee handbook, including updates and amendments to the employee handbook, containing rules and regulations for the administration of the city's personnel system, including provisions regarding employee classification, applications for employment, examinations, eligibility lists, method of filling vacancies, personnel classification status, separation from the city, disciplinary actions, compensation, attendance, leaves, safety and health policies, and all other matters relating to the personnel system. The employee handbook, updates, and amendments shall be adopted by resolution of the city council.

(Ord. No. 0002-2021, § 3, 4-22-21)

Editor's note— Ord. No. 0002-2021, § 3, adopted April 22, 2021, amended § 2.20.020 in its entirety to read as herein set out. Former § 2.20.020, pertained to definitions, and derived from Ord. No. 203, 1987.

The city manager shall be the city personnel officer. The city manager may delegate any of the powers and duties conferred upon them as personnel officer under this chapter to any other qualified employee of the city. The personnel officer shall:

A. Administer all the provisions of this chapter and the city's employee handbook;

B. Prepare and recommend to the city council revisions and amendments to the employee handbook. Revisions and amendments to the employee handbook shall become effective upon adoption by the city council;

C. Publish or post notices of tests for positions in the competitive service, receive the applications therefor, conduct and grade tests, certify a list of all persons eligible for appointment to the appropriate employment position.

(Ord. 203 §3, 1987)

(Ord. No. 002-2010, § 1, 2-11-10; Ord. No. 0002-2021, § 4, 4-22-21)

The provisions of this chapter and of the employee handbook shall apply to all offices, positions, and employments in the service of the city, except:

A. The city manager;

B. The city attorney;

C. The city finance director; and

D. The city engineer.

(Ord. 203 §4, 1987)

(Ord. No. 002-2010, § 1, 2-11-10; Ord. No. 0002-2021, § 5, 4-22-21)

The city manager shall have the right to appoint, promote, demote, dismiss, discharge, reduce in pay, or suspend without pay for thirty calendar days any city employee, except the city attorney and city finance director, in a manner consistent with this chapter and the employee handbook.

(Ord. No. 0002-2021, § 6, 4-22-21)

Editor's note— Ord. No. 0002-2021, § 6, adopted April 22, 2021, amended § 2.20.050 in its entirety to read as herein set out. Former § 2.20.050, pertained to adoption and amendment of rules, and derived from Ord. No. 203, 1987.

Editor's note— Ord. No. 012-2011, § 1, adopted July 14, 2011, repealed § 2.20.060, which pertained to appointments and derived from Ord. No. 203, 1987.

A. All regular appointments, including promotional appointments, shall be for a probationary period as hereafter established by a resolution of the city council. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.

B. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the city service as provided in this chapter and the rules.

C. An employee in the classified service promoted or transferred to a position not included in the city service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him unless he is discharge in the manner provided in this chapter and the personnel rules for positions in the classified service.

(Ord. 203 §7, 1987)

A. Any person holding a position in the classified 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 city service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the classified service in the position held on such effective date without a qualifying test, and shall thereafter be subject to the provisions of this chapter and the personnel rules.

B. Any other persons holding positions in the classified 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.

(Ord. 203 §8, 1987)

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

(Ord. 203 §9, 1987)

The city manager shall have the right to appoint, promote, demote, dismiss, discharge, reduce in pay or suspend without pay for thirty calendar days any regular or probationary employee in a manner consistent with the personnel rules.

(Ord. No. 012-2011, § 1, 7-14-11)

Editor's note— Ord. No. 012-2011, § 1, adopted July 14, 2011, in effect repealed the former § 2.20.100, and enacted a new § 2.20.100 as set out herein. The former § 2.20.100 pertained to demotion, dismissal, reduction in pay and suspension and derived from Ord. No. 203, 1987 and Ord. No. 002-2010, adopted February 11, 2010.

Any employee in the city service shall have the right to appeal to the city council any disciplinary action, or alleged violation of this chapter or the rules adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Ord. 203 §11, 1987)

A. Whenever in the judgment of the city council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city council may abolish any position or employment in the city service; and the employee holding such position or employment may be laid off without taking disciplinary action and without the right of appeal.

B. The order of layoff of employees shall be established by the personnel officer on the recommendation of the department head involved. The department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list, provided, however, that no regular or probationary employee shall be laid off from his position in any department while any emergency, temporary or provisional employee is serving in the same class in that department.

C. Employees to be laid off shall be given at least seven days' prior notice.

D. The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed on reemployment lists for one year for those classes requiring basically the same qualifications, duties and responsibilities of the class from which layoff or demotion in lieu of layoff was made.

E. Persons whose names are placed on reemployment lists in accordance with this section and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence.

(Ord. 203 §12, 1987)

The political activities of city employees shall conform to the pertinent provisions of state law.

(Ord. 203 §13, 1987)

No person in the city service, or seeking admission thereto, shall be employed, promoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, ancestry, na tional origin, religious creed, sex, age or because of the exercise of his rights under Section 3502 of the Government Code.

(Ord. 203 §14, 1987)

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

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 thereto.

D. The preparation, conduct and grading of competitive tests.

E. The conduct of employee training programs.

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

G. To conduct any appeal hearing or procedure set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Ord. 203 §15, 1987)

(Ord. No. 002-2010, § 1, 2-11-10)