Millbrae Municipal Code Art. III Personnel 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 personnel system is adopted.

(1966 Code § 2300; 1976 Code § 2-3.301; Ord. 107 § 1)

There is created the position of personnel officer. He shall be appointed by, and serve at the pleasure of, the council. The duties of the personnel officer may be combined with those of any other office or position. If such duties are not combined with those of any other office or position, the personnel officer shall have had training or experience in personnel administration. The personnel officer shall:

A. Attend all meetings of the personnel board;

B. Perform all other duties as may be assigned by the city council.

(1966 Code § 2301; 1976 Code § 2-3.302; Amended by Ord. 248 § 1; Ord. 107 § 2)

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

A. Elective officers; provided, however, that in the event the people of the city by election change the status of any of the elective offices of the city to that of appointive offices, then at the expiration of his term of office, the person holding such office shall assume regular status without competitive test, providing that he has served in such position continuously for at least six months immediately prior to the expiration of his term of office. Thereafter, the incumbent and the position shall be subject in all respects to the provisions of this chapter and the personnel rules;

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;

E. City attorney;

F. Director of public works/city engineer;

G. The head of each city department or agency, and the division head or heads of each city department or agency;

H. Part-time, seasonal and hourly employees;

I. City manager;

J. Secretary to the city manager.

(1966 Code § 2304; 1976 Code § 2-3.305; Ord. 698 § 1; Ord. 503 § 9 ; Ord. 412 § 1; Ord. 276 § 1; Amended by Ord. 166 § 1; Ord. 107 § 5)

Personnel rules, prepared by the personnel officers subject to this chapter and to revision by the council, shall be adopted, and may be amended from time to time, by resolution of the council. The 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;

J. Suitable provision for orderly and equitable presentations to the council by employees relating to general conditions of employment;

K. Content, maintenance, and use of personnel records and forms.

(1966 Code § 2305; 1976 Code § 2-3.306; Ord. 107 § 6)

A. This chapter does not prevent any officer or employee from:

1. Becoming or continuing to be a member of a political club or organization;

2. Attendance at a political meeting;

3. Enjoying entire freedom from all interference in casting his vote;

4. Seeking or accepting election or appointment to public office while on leave of absence;

5. Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions;

6. Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, if the activity is not carried on during hours of work, or when he is dressed in the uniform required in any department of the city government.

B. The violation of any provision of this section is grounds for discharge of any officer or employee.

(1966 Code § 2317; 1976 Code § 2-3.318; Amended by Ord. 503; Ord. 107 § 18)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief.

(1966 Code § 2318; 1976 Code § 2-3.319; Ord. 107 § 19)

A. No officer, agent, clerk, or employee, under the government of the city, and no candidate for any city office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this chapter.

B. No officer or employee in the competitive service shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions, from any person other than an officer or employee in the competitive service.

(1966 Code § 2319; 1976 Code § 2-3.320; Ord. 107 § 20)

The council may contract with any qualified person or agency for the performance of such technical service as may be desired in the establishment or operation of the personnel system. The contract may include delegation to the person or agency so retained of all or a part of the responsibilities and duties imposed in this chapter upon the personnel officer, including his duties under MMC § 2.15.140(C), but shall not include the delegation of powers and duties vested in the council or personnel board.

(1966 Code § 2320; 1976 Code § 2-3.321; Ord. 107 § 21)

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

(1966 Code § 2321; 1976 Code § 2-3.322; Ord. 107 § 22)