Montague Municipal Code Ch. 2.32 Personnel System

Sections:

• 2.32.010 Adoption of personnel system. 2.32.020 Definitions.

• 2.32.030 Applicability of provisions.

• 2.32.040 Personnel rules—Adoption and amendment procedures.

• 2.32.050 Appointment and promotion criteria.

• 2.32.060 Probationary periods—Rejection—Reinstatement to previous positions. 2.32.070 Status of present employees. 2.32.080 Exempt positions—Applicability of provisions.

• 2.32.090 Demotions, dismissals, reductions in pay or suspensions.

• 2.32.100 Appeal procedures.

• 2.32.110 Layoff and reemployment.

• 2.32.120 Political activities.

• 2.32.130 Discrimination prohibited.

This chapter is established to:

• A. Create an equitable and uniform procedure for dealing with personnel matters;

• B. To attract to municipal service the best and most competent persons available;

• C. To assure that appointments and promotions of employees will be based on merit and fitness; and

• D. To provide a reasonable degree of security for qualified employees. (Ord. 178-82 § 1, 1982)

As used in this chapter, the following terms shall be defined as indicated:

1. “Appointing power” means the city council has the final authority to make the appointment to the position to be filled.

2. “Class” means all positions sufficiently similar in duties, authority and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

3. “Competitive service” means all positions of employment in the service of the city except those specifically excluded by this chapter.

4. “Days” means calendar days, unless otherwise stated.

5. “Demotion” means the movement of an employee from one class to another class having a lower maximum rate of pay.

6. “Employee” means any paid or unpaid person engaged by the city to do city business, or otherwise carries out the affairs of or performs duties for the city.

7. “Employment list” means a list of names of persons who may be considered for employment with the city under specified conditions.

8. “Examination” means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

9. “Layoff” means the separation of employees from the active work force due to lack of work or funds, or to the elimination of positions by the city council for the above reasons or due to organizational changes.

10. “Positions” means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

11. “Probationary period” means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by actual performance of the duties of the position.

12. “Promotion” means a movement of an employee from one class to another class having a higher maximum rate of pay.

13. “Provisional appointment” means an appointment of a person who possesses the minimum qualifications established for a particular task and who has been appointed to a position in that class in the absence of available eligibles.

14. “Reinstatement” means the reemployment without examination of a former regular employee or probationary employee.

15. “Suspension” means the temporary separation from the service of an employee without pay, for disciplinary purposes.

16. “Transfer” means a change of an employee from one position to another in the same class or in a comparable class. (Ord. 88-19, 1988; Ord. 178-82 § 2, 1982)

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

• A. Elective offices;

• B. Members of appointive boards, commissions and committees;

• C. Persons engaged under contract to supply expert, professional, technical or any other services;

• D. Volunteer personnel, such as volunteer firemen and reserve policemen;

• E. City attorney;

F. 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;

G. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. (Ord. 178-82 § 3, 1982)

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council and at least five days prior to city council consideration. The city council shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof posted to be adopted by the city council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including:

• A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the city service, including employment standards and qualifications of each class;

• B. Public announcement of all tests and acceptance of applications for employment;

• C. Preparation in conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

• D. Certification and appointment of persons from employment lists, in the making of provisional appointments;

• E. Establishment of probationary periods;

• F. Evaluation of employees during the probationary period;

• G. Transfer, promotion, demotion, reinstatement, disciplinary and layoff of employees in the city service;

• H. Separation of employees from the city service;

• I. The establishment of adequate personnel records;

• J. The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted under this chapter. (Ord. 178-82 § 4, 1982)

A. Appointments to vacant positions in the city 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 examination. Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as 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. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.

B. In any examination the council may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

C. Appointments shall be made by the city council. When appointment is to be made to a vacancy in the city service, the city clerk shall transmit to the city council the names of all persons on the appropriate certified employment lists, in the order in which they appear on the lists. (Ord. 178-82 § 5, 1982)

A. All regular appointments including promotional appointments, shall be for a probationary period of six months, except for police officers, which shall be for twelve months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. If rejected, he may request reasons for rejection in writing. The document is to become part of the permanent record.

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 adopted pursuant thereto.

C. An employee in the city 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 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 city service. (Ord. 178-82 § 6, 1982)

A. Any person holding a position included in the competitive 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 city service in the position held on such effective date without qualifying tests, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

B. Any other person holding position in the city 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. 178-82 § 7, 1982)

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. 178-82 § 8, 1982)

A. A department head shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for thirty calendar days, any regular employee. Notice of such action must be in writing and served personally on such employee, except wherein an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor. On dismissal, two weeks severance pay will be granted.

B. The provisions of this section shall not apply to reduction in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 178-82 § 9, 1982)

A. Any employee in the city service shall have the right to appeal to the city council on any disciplinary action, or alleged violation of this chapter or the rules adopted pursuant thereto, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted pursuant thereto.

B. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter. (Ord. 178-82 § 10, 1982)

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 for employment may be laid off without taking disciplinary action and without the right of appeal.

B. The order of layoff of the employees shall be established by the city council on the recommendations of the department head involved. The department head shall take into consideration the job performance and length of service of the 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 being laid of f shall be given at least fourteen days notice.

D. The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon 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 and entitled to all benefits accruing from such leave. (Ord. 178-82 § 11, 1982)

The political activities of city employees shall conform to pertinent provisions of state law as they may be applicable to public employees. (Ord. 178-82 § 12, 1982)

No person in the city 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, race, color, ancestry, national origin, religious creed, sex or because of the exercise of his rights under Section 3502 of the Government Code. (Ord. 178-82 § 13, 1982)