Modesto Municipal Code Ch. 5 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 the appointments and promotions of employees will be based on merit and fitness which shall be determined insofar as practicable by competitive tests for all positions in the Classified Service; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted.

(Ord. 1134-N.S., § 1)

The Board of Personnel Appeals of the City of Modesto is hereby established to consist of three (3) members who shall be appointed in accordance with and for the terms prescribed by Section 1102 of the Charter of the City of Modesto. The Board shall function in all respects in accordance with the applicable provisions of Article XI of said Charter relating to appointive boards and commissions. The Board shall hold one (1) regular meeting a year during the month of January. All other meetings of the Board shall be special meetings and shall be called by the chairman or by a majority of the members of the Board.

(Ord. 1134-N.S., § 2, amended by Ord. 195-C.S., Ord. 362-C.S., and Ord. 2006-C.S., § 1, effective 12-9-80)

The Board of Personnel Appeals shall have the power and duty to:

(a) Select a hearing officer to hear the appeal of any person in the Classified Service relative to any suspension, demotion or dismissal.

(b) Act in an advisory capacity to the City Manager on such personnel matters as may be referred to it by the City Manager.

(Ord. 1134-N.S., § 3, amended by Ord. 1704-C.S., § 1, Ord. 2005-C.S., § 1, and Ord. 2006-C.S., § 1, effective 12-9-80)

There is hereby created the position of Director of Personnel. The City Manager shall be ex officio Director of Personnel. The City Manager may delegate any of the powers and duties conferred upon him as Director of Personnel under this chapter to any other officer or employee of the City appointed by the City Manager, or he may recommend to the Council that any or all such powers and duties be performed under contract as provided in Section 2-5.19. The Director of Personnel or his designated representative shall:

(a) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council or the Board of Personnel Appeals.

(b) Recommend the adoption, amendment, or repeal of personnel rules and regulations. The City Attorney shall approve the legality of such rules and regulations and revisions and amendments thereto prior to their submission to the Council.

(c) Recommend a position classification plan, including class specifications, and revisions of the plan.

(d) Recommend a plan of compensation, and revisions thereof, covering all classes for which the City Manager is the appointing authority.

(Ord. 1134-N.S., § 4, amended by Ord. 310-C.S., Ord. 2005-C.S., § 1, Ord. 2006-C.S., Ord. 2778-C.S., § 1, effective 8-15-91)

Except for the provisions of Section 2-5.14 hereof, the provisions of this chapter and rules adopted pursuant thereto shall apply to all officers, positions and employments of the City, both in the Classified and Unclassified Service, unless such provisions clearly do not apply.

(Ord. 1134-N.S., § 5)

The Council shall adopt, by resolution, personnel rules governing the following phases of the personnel system:

(a) Preparation, installation, revision and maintenance of a position classification plan covering all appointive positions in the City service.

(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 making of provisional, temporary, part-time and emergency appointments.

(f) Evaluation of employees during the probationary period.

(g) Transfer, promotion, demotion and reinstatement of employees in the Classified 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 training, morale and welfare.

(j) Suitable provision for orderly and equitable presentation to the City Manager and to the Council by employees relating to general conditions of employment.

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

(Ord. 1134-N.S., § 6, amended by Ord. 2005-C.S., § 1, and Ord. 2006-C.S., § 1, effective 12-9-80)

Appointments to vacant positions shall be made in accordance with the Charter, this chapter, and the personnel rules. Appointments and promotions in the Classified Service shall be based on merit and fitness to be ascertained so far as practicable by competitive tests, which may be written, oral, practical demonstration, or a combination thereof, or any other form which will test fairly the qualifications of the applicants.

When an appointment is to be made to a vacancy in the Classified Service, the person having the power of appointment shall request and the Director of Personnel shall transmit, the names of all persons on the appropriate employment or promotional list. Any person whose name appears on such list may be appointed to such vacancy.

In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the employment standards for the class. An employment list shall be established within six (6) months for any regular position filled by provisional appointment. The City Manager, with the approval of the Council, may extend the period for any provisional appointment.

During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled only by a temporary or provisional appointment.

(Ord. 1134-N.S.)

All appointments to the Classified Service, including promotional appointments, shall be for a probationary period of six (6) months, except that as to any class of position, other than police officer entry level classifications, the rules may provide for an extension of the period for not more than an additional six (6) months, and as to the police officer entry level classifications the rules may provide for an extension of the period for not more than an additional twelve (12) months. During the probationary period, the employee may be rejected at any time without right of appeal or hearing.

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

An employee in the Classified Service promoted or transferred to a position not included in the Classified Service shall be reinstated to the position from which he was promoted or transferred if within six (6) months after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the Classified Service.

(Ord. 1134-N.S., amended by Ord. 1346-C.S., effective 5-1-74)

The Council, City Manager, and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, layoffs and to suspend or dismiss employees, shall retain such power, subject to the provisions of the Charter and of this chapter and the personnel rules.

(Ord. 1134-N.S.)

Any person holding a position of employment in the City service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall not exceed a total of ninety (90) calendar days in any fiscal year. A department head not having power of appointment may make disciplinary suspensions in accordance with the rules.

(Ord. 1134-N.S., amended by Ord. 2197-C.S., § 1, effective 7-28-83)

Any employee who is suspended, demoted or dismissed or placed on disciplinary probation shall be furnished with a written notice of such action, including a statement of the reasons for such action.

(Ord. 1134-N.S., amended by Ord. 1704-C.S., § 1, and Ord. 2755-C.S., § 1, effective 4-4-91)

Any regular employee in the Classified Service shall have the right of appeal relative to any disciplinary probation, suspension, demotion or dismissal for disciplinary reasons except in instances where the right of appeal is denied by this chapter. Such an appeal must be in writing and filed with the Director of Personnel within thirty (30) days following written notice to said employee of such disciplinary probation, suspension, demotion or dismissal.

Appeal procedures shall be as contained in the Personnel Rules or a valid and binding Memorandum of Understanding.

Judicial review may be had by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure of the State of California. Such a petition shall be filed in accordance with the provisions of Section 1094.6 of the Code of Civil Procedure of the State of California, which section shall be applicable to all such petitions.

(Ord. 1134-N.S., amended by Ord. 770-C.S., Ord. 1704-C.S., § 1, Ord. 2005-C.S., § 1, Ord. 2006-C.S., § 1, Ord. 2755-C.S., § 1, effective 4-4-91, and amended during 11-98 supplement)

Whenever, in the City's interest, it becomes necessary for reasons of economy or because the need for a position no longer exists, the City Manager may, in the classes for which he is the appointing authority, lay off, demote, or transfer an employee holding such position without filing written charges, and the employee affected shall not have the right of appeal.

(Ord. 1134-N.S.)

(Ord. 1134-N.S., repealed by Ord. 724-C.S., effective 7-14-65)

(Repealed by Ord. 724-C.S., effective 7-14-65)

No employee of the City shall, during the hours the employee is working for the City, take an active part in any municipal or other political campaign, nor seek or accept contributions for or against any candidate or issue therein, nor seek or accept signatures to any petition for or against any such candidate or issue. Nothing in this section shall be construed to prevent any such employee from seeking election or appointment to public office.

(Ord. 1134-N.S., § 16, amended by Ord. 2005-C.S., § 1, and Ord. 2006-C.S., § 1 effective 12-9-80)

Except as otherwise provided by the general laws of this State heretofore or hereafter enacted, no person in the Classified Service, or seeking admission thereto, shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political opinion or affiliation, race, religious creed, color, national origin, ancestry, age, handicap or sex.

(Ord. 1134-N.S., § 17, amended by Ord. 2005-C.S., § 1, and Ord. 2006-C.S., § 1, effective 10-9-80)

The violation of any provision of Section 2-5.16 or 2-5.17 is ground for discharge of any officer or employee of the City.

(Ord. 1134-N.S., § 18, amended by Ord. 2005-C.S., § 1, and Ord. 2006-C.S., § 1, effective 12-9-80)

The City Manager 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 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 compensation, and subsequent revisions and amendments thereof.

(d) The preparation, conduct and grading of competitive tests and the certification of employment lists.

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

(Ord. 1134-N.S., § 19)

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

(Ord. 1134-N.S., § 20)

(Ord. 1134-N.S., § 21, repealed by Ord. 2005-C.S., § 1, and Ord. 2006-C.S., § 1, effective 12-9-80)