Monrovia Municipal Code Ch. 2.76 Personnel Merit 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; and to provide a reasonable degree of security for qualified employees, the following personnel merit system is hereby adopted.

(`83 Code, § 2.76.010)

The City Manager shall be the Personnel Officer. The City Managers may delegate any of the powers and duties conferred upon him 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 § 2.76.120. The Personnel Officer shall:

(A) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council;

(B) Prepare and recommend to the City Council personnel rules, 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. 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 classified service. The plan, and any revisions thereof, shall become effective upon approval by the City Council;

(E) Provide for the publishing or posting of tests for positions in the classified service; the receiving of applications therefor; the conducting and grading of tests; the certification of a list of all persons eligible for appointment to the appropriate position in the classified service.

(`83 Code, § 2.76.020)

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

(A) The City Manager;

(B) Elective officers;

(C) Members of appointive boards, commissions and committees;

(D) Persons engaged under contract to supply expert, professional, technical or other services;

(E) Any employee who is the head of a municipal department;

(F) Volunteer personnel;

(G) City Attorney;

(H) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property;

(I) Employees other than those listed elsewhere in this section who are employed on an hourly basis and who work less than 1,000 hours in any one fiscal year.

(`83 Code, § 2.76.030) (Ord. 2016-11 §§ 3, 4, 2016)

Personnel rules shall be adopted by the City Council and shall establish regulations governing the personnel merit system including:

(A) Preparation, installation, revision, and maintenance of a position classification plan governing all positions in the classified 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 test and the establishment in use of resulting employment lists containing the 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 employee during the probationary period;

(G) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classified service;

(H) Separation of employees from 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.

(`83 Code, § 2.76.040)

(A) Appointments and examinations.

(1) Appointments to vacant positions in the classified service shall be made by the City Manager 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 examination, either assembled or unassembled. Examinations shall be used and conducted to aid in the selection of qualified employees and may consist of selection techniques which will test fairly the qualifications and experience of candidates and may include achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination of these or other tests as may be determined. Physical, medical and psychiatric tests may be given as a part of any examination as a prerequisite to employment with the city.

(2) In any examination the Personnel Officer may include, in addition to competitive test, a qualifying test or tests, and set minimum standards therefor.

(3) Appointment of all department heads and other employees shall be made by the City Manager, except as otherwise provided in this chapter.

(B) Appointing power of department heads. The City Manager may vest department heads with the power to appoint and remove officers and employees in their respective departments upon the following conditions:

(1) Subject to the provisions of this chapter and the rules and regulations promulgated thereunder; and

(2) Subject to the approval of the City Manager.

(C) In the absence of appropriate employment list, a provisional appointment may be made not to exceed six months by the appointing power 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 pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the appointing power subject to the provisions of this chapter and the personnel rules.

(`83 Code, § 2.76.050)

(A) All regular and promotional appointments, except police and fire personnel, and department heads shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. All department heads, fire personnel and police personnel shall have a probationary period of one year.

(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 personnel rules.

(C) An employee in the classified service promoted or transferred to a position not included in the classified 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 discharged in the manner provided in this chapter and the personnel rules for positions in the classified service.

(`83 Code, § 2.76.060)

(A) Any appointing authority shall have the right for due cause, subject to the approval of the City Manager, to demote, dismiss, reduce in pay, or suspend without pay, for 30 calendar days, any permanent employee. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days after the action is taken if the employee can be contacted through reasonable efforts. 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, as may be determined by the City Council.

(`83 Code, § 2.76.080)

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

(B) Procedures and processes for effectuating any layoffs shall be specified in the city's Personnel Rules and Regulations.

(C) In determining the order of layoffs, a combination of factors shall be considered by the city, including but not limited to: qualifications, productivity, general performance, knowledge, abilities, skills and the needs of the city.

(D) Prior to initiating any layoffs, all alternatives shall be explored by the city, including but not limited to reorganization, hiring freeze, salary/benefit freeze, salary/benefit reduction, and/or furloughs.

(E) During consideration of any potential layoffs, should salary and/or benefit reductions be identified as an alternative option, the following provisions shall be followed:

(1) The City Manager's salary/benefits shall be reduced first and in a percentage larger than that of any other employee.

(2) After the City Manager's salary/benefits are reduced, the salary/benefits of Department Directors shall be the next to be reduced. Only after a reduction in the City Manager and Department Directors' salary/benefits has occurred may the salary/benefits of employees occur.

(F) Should layoffs be implemented, the names of probationary and permanent employees laid off shall be placed upon reemployment list for classes which, in the opinion of the City Manager, require basically the same qualifications and duties and responsibility of those of the class of positions from which layoff was made. If returned to work within one year of a layoff, an employee shall be reinstated with the amount of sick leave which had been accrued at the time of layoff. Credit shall be granted for prior service in terms of benefit accruals, seniority, and any other employment related benefits.

(`83 Code, § 2.76.090) (Ord. 2016-11 § 6, 2016)

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

(`83 Code, § 2.76.100)

Pursuant to Cal. Gov't Code § 12940 and except as provided therein, no person in the classified service, or seeking admission thereto, shall be employed, promoted, demoted, discharged or in any way favored or discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation.

(`83 Code, § 2.76.110) (Ord. 82-4 § 2, 1982)

The City Manager shall consider and make recommendations to the City 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 City Council may authorize the City Manager to 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 of compensation, and subsequent revisions and the amendments thereof;

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

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

(`83 Code, § 2.76.120)

Wherever the provisions of this chapter are in conflict with any other provisions of this code, this chapter shall prevail. Appeals under the personnel merit system may not be made to the Board of Appeals.

(`83 Code, § 2.76.130)