Needles Municipal Code Art. 15 I In General (CA)

15-1 Adoption Of Personnel System 15-2 Definitions 15-3 Administration 15-4 Classified Service 15-5 Unclassified Service 15-6 Adoption And Amendment Of Rules 15-7 Appointments 15-8 Provisional Period For Classified Employees 15-9 Status Of Present Employees 15-10 Demotion, Dismissal, Reduction In Pay, Suspension, Reprimand 15-11 Right Of Appeal 15-12 Layoff And Reemployment 15-13 Political Activity 15-14 Contracts For Special Service 15-15 Amendments To Ordinance

15-1 Adoption Of Personnel System

In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the city council adopts the personnel “system” set forth below. (Ord. No. 290-AC, (part).)

15-2 Definitions

The terms used to administer the personnel system shall be defined in the personnel rules. (Ord. No. 290-AC, (part).)

15-3 Administration

The city manager *as used herein, the term “city manager” includes the city manager of his or her delegate) shall administer the city personnel system. The city manager may delegate any of such powers and duties to a personnel director, to any other officer of the city, or may recommend that such powers and duties be performed under contract as provided in Section 15-14 of this chapter. The city manager shall:

Act as the appointing authority for the city; as such the city manager has the authority granted to him or her by this article;
Administer: 1. The provisions of this article, and 2. Personnel rules not specifically reserved to the city council;
Prepare and recommend personnel rules, revisions and amendments to such rules, to the city council;
Prepare, or cause to be prepared, a position classification plan (including class specifications), and revisions thereof;
Have the authority to discipline employees in accordance with this article and the personnel rules of the city, codified in Articles II through XVII of this chapter; and
Provide for the publishing or posting of notices of tests for positions in the classified services; receive applications therefor;
Conduct and grade tests;
Certify a list of all persons eligible for appointment to the appropriate positions in the classified services; and
Perform any other duty that may be required to administer the personnel system. (Ord. No. 290-AC, (part).)

15-4 Classified Service

The provisions of this article shall apply to all offices, positions and employment in the services of the city, except “unclassified” employees. “Regularly employed in regular position” means:

An employee hired for an indefinite term into a budgeted position;
An employee who is regularly scheduled to work not less than nine hundred and ten hours per year; and
An employee who has successfully completed the provisionary period and been retained as provided in this article and the personnel rules (for example, unskilled laborers and discussed in Charter Section 1001 a (4)). (Ord. No. 290-AC, (part).)

15-5 Unclassified Service

Unclassified employees are known as “elective officers,” and include:

The city manager and any assistants to the city manager, such as office manager and executive secretary. 2. The city attorney and any assistant or deputy city attorneys; 3. Director of finance; 4. City treasurer; 5. City clerk; 6. Members of appointive boards, commissions and committees; 7. All department heads, such as director of public works, director of building and public safety, director of planning, director of parks and recreations, city engineer, chief greens keeper and police chief; 8. Persons engaged under contract to supply expert, professional, technical or other services; 9. Volunteer personnel, such as volunteer firemen, police, etc.; 10. All council-appointed city officers, such as but not limited to, city manager, assistant city manager, treasurer, city clerk and city attorney; 11. Emergency employees hired to meet the immediate requirements of an emergency conditions, such as extraordinary fire, flood or earthquake, which threatens life of property; 12. Employees, other than those listed elsewhere in this section, who are not regularly employed in regular positions; and 13. Any position primarily funded under a state or federal employment program.
1. Unclassified employees shall serve at the pleasure of their appointing authority as “at-will” employees. (Ord. No. 290-AC, (part).)

15-6 Adoption And Amendment Of Rules

Personnel “rules” shall be adopted be resolution of the city council. The rules, governing the classified personnel system, may include:

Preparation, installation, revision and maintenance of a “position classification plan” covering all positions in the classified service, including employment standards and qualifications for each position;
Appropriate announcement of the selection process and acceptance of applications for employment;

15-7 Appointments

The city manager shall make such appointments to vacant positions in the classified service in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness. Merit and fitness shall be ascertained, so far as practicable, by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates. Examinations may include achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance work samples or any combinations of these or other tests. The provisionary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination. The city manager, or his/her designee, shall set the minimum standards thereof. (Ord. No. 290-AC, (part).)

15-8 Provisional Period For Classified Employees

All regular appointments including promotional appointments shall be for a provisionary period of not less than six months. The city manager may extend such provisionary period for up to six additional months. The provisional period shall commence from the date of appointment. During the provisionary

period, an employee who does not consistently exhibit satisfactory qualities and competence may be discharged at any time without right of appeal, hearing or any grievance procedure. 2. If the service of the provisional employee has been satisfactory to the city manager, then the city manager shall file with the personnel officer a statement in writing to such effect. The statement shall set forth that the retention of such employee in the service is desired. An employee discharged during the provisionary period, from a position to which he or she has been prompted, may be reinstated to the position from which he or she was promoted unless he or she is discharged from the city service as provided in the personnel rules. If no vacancy exists in such position, he or she shall be placed on a reemployment list as provided in the personnel rules. (Ord. No. 290-AC, (part).)

15-9 Status Of Present Employees

The city has, in its employ as of the effective date of the ordinance codified in this article, various persons in the classified service. Any such person may have served continuously in such position (or some other positions in the classified service) for a time period longer than the provisionary period set forth in the rules for his or her class. In such event, such person shall assume regular status in the classified service (in the position he or she holds on such effective date) without a qualifying test. Thereafter, however, such person shall be subject, in all respects, to the provisions of this article and the personnel rules.

15-10 Demotion, Dismissal, Reduction In Pay, Suspension, Reprimand

The city manager or his or her designee, may demote, discharge, reprimand, reduce in pay or temporarily suspend without pay, any regular employee for cause in accordance with the personnel rules. (Ord. No. 290- AC, (part).)

15-11 Right Of Appeal

Any regular employee in the classified service shall have the right to appeal a demotion, reduction in pay, temporary suspension without pay or discharge for disciplinary or medical reasons, except where the right of appeal is specifically prohibited by this article or the rules adopted hereunder.
All appeals shall be processed in accordance with the personnel rules adopted pursuant to this article. (Ord. No. 290-AC, (part).)

15-12 Layoff And Reemployment

Layoff and reemployment actions shall follow the process outlined in the personnel rules. (Ord. No. 290-AC, (part).)

15-13 Political Activity

Political activities of city employees shall conform to pertinent provisions of state law, federal law and any personnel rules not inconsistent therewith. (Ord. No. 290-AC, (part).)

15-14 Contracts For Special Service

The city manager shall consider and make recommendations to the city council regarding the extent to which the city should contract for 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:

The preparation of personnel rules and revisions and amendments thereto;

The preparation of a position classification plan, and revisions and amendments thereto;
1. The preparation, conduct and grading of competitive tests;
2. The conduct of employee training programs, and
3. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. No. 290-AC, (part).)

15-15 Amendments To Ordinance

Recommendations for amendment or revision of the ordinance codified in this article may be made by the personnel officer. Prior to adoption, any amendment or revision shall be publicly posted at the City Hall, the shop and the water department for at least five consecutive days, together with the notice of the time and place of hearings by the city council. At the time of hearing any interested person may appeal and be heard. Amendments and revisions shall become effective upon adoption by the city council following such hearing. (Ord. No. 290-AC, (part).)