Chapter XI — PERSONNEL — Novato Municipal Code

Sections:

11-1 - Adoption of Personnel System.

In order to establish an equitable and uniform procedure for dealing with personnel matters; 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 system is hereby adopted.

(Ord. No. 1287, § 2)

11-2 - Definitions.

The terms used to administer the personnel system shall be defined in the personnel rules as may be adopted by resolution of the city council.

(Ord. No. 1287, § 2)

11-3 - Administration.

The city manager shall administer the city personnel system and may delegate any of the powers and duties to a personnel officer or may delegate the appointing authority granted by the city council to any other officer or employee of the city or may recommend that certain powers and duties be performed under contract as provided in section 11-13 of this chapter. The city manager shall act as the appointing authority for the city and provide for:

The administration of all provisions of this ordinance and of the personnel rules not specifically reserved to the city council.

The preparation and recommendation the city council of personnel rules and revisions and amendments to such rules.

The preparation, maintenance and revision of a position classification plan including class specifications covering all positions in the competitive service.

The preparation, administration and revision of a plan of compensation correlated with the classification plan providing a rate and/or range of pay for each class.

The authority to discipline employees in accordance with this ordinance and the personnel rules of the city.

The publishing or posting of notices of tests for positions in the competitive 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 competitive service.

The performance of any other duty that may be required to administer the personnel system.

(Ord. No. 1287, § 2)

11-4 - Competitive Service.

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

Elective officers.

The city manager.

The city attorney and any assistant or deputy city attorneys.

Members of appointive boards, commissions and committees.

All department heads: assistant city manager, chief of police, director of community development, director of parks, recreation and community services, director of public works and any future positions designated by the city council as department head rank.

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

Volunteer personnel.

The city clerk and any other council appointed city officer.

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.

Employees who are not otherwise employed in regular positions with the city.

Any position primarily funded under a state or federal employment program.

Employees not included in the competitive service under this section shall serve at the pleasure of the appointing authority.

(Ord. No. 1287, § 2; Ord. No. 1452, § 2)

11-5 - Adoption and Amendment of Rules.

Personnel rules may be adopted and/or amended by resolution of the city council. The rules may establish regulations governing the personnel system including, but not limited to:

Preparation, revision and maintenance of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class.

Appropriate announcement of the selection process and acceptance of applications for employment.

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

Certification and appointment of persons from employment lists, and the making of provisional appointments.

Establishment of probationary testing periods and personnel training.

Evaluation of employees during the probationary testing period and thereafter.

Transfer, promotion, reclassification, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service.

Separation of employees from city service.

The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements.

The establishment of any necessary grievance and appeal procedures.

Establishment of leave and overtime procedures.

(Ord. No. 1287, § 2)

11-6 - Status of Present Employees.

Any employee holding a regular or probationary appointment in the competitive service on the effective date of this chapter shall continue in the same status in the position held on the effective date of this chapter, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

(Ord. No. 1287, § 2)

11-7 - Appointments.

Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules.

In any examination the city manager or his/her designee may include, in addition to competitive tests, a supplementary application, a qualifying test or tests, and set minimum standards for such tests.

The city manager is the appointing authority of employees in the competitive service. The city manager may delegate in writing the appointing authority to any department head.

(Ord. No. 1287, § 2)

11-8 - Probationary Period.

All regular appointments, including promotional appointments, shall be subject to a probationary period of not less than six months or longer as determined by the personnel rules. During the probationary period, which is considered a part of the selection process, the employee may be rejected at any time without the right of appeal or hearing.

An employee in the competitive service rejected during the probationary period from a position to which he/she has been promoted shall be reinstated in accordance with the procedures outlined in the personnel rules.

(Ord. No. 1287, § 2)

11-9 - Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand.

The city manager or the appointing authority shall have the authority to demote, discharge, reprimand (written or verbal), reduce in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel rules.

(Ord. No. 1287, § 2)

11-10 - Right of Appeal.

Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this ordinance or the rules adopted thereunder.

All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter.

(Ord. No. 1287, § 2)

11-11 - Political Activity.

The political activities of city employees shall conform to pertinent provisions of State and Federal law and any local provision adopted pursuant to such laws.

(Ord. No. 1287, § 2)

11-12 - Contracts for Special Personnel Service.

The city may contract with any qualified person or public or private agency for the performance of technical services in connection with the establishment, administration or operation of the personnel system, in accordance with applicable city rules, regulations or policies.

(Ord. No. 1287, § 2)