Chapter 2.40 — PERSONNEL SYSTEM

This chapter shall be known and cited as "the city personnel system."

(Ord. 228 § 2(part), 1982: prior code § 2-301)

The city personnel system is adopted to establish an equitable and uniform procedure for dealing with personnel matters, to attract to the competitive service the best and most competent persons available and to provide a reasonable degree of security for qualified employees.

(Ord. 228 § 2(part), 1982: prior code § 2-302)

A.

The city administrator shall be the personnel officer. The city administrator 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 this chapter.

B.

The personnel officer shall:

Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the council;

Prepare and recommend to the council personnel rules and revisions and amendments to such rules;

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 council;

Provide for 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, and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service;

Provide for the maintenance and the security of all personnel files and records of employees in city service, including exempt and nonexempt employees.

(Ord. 228 § 2(part), 1982: prior code § 2-303)

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

A.

Elective offices;

B.

Members of appointive boards, commissions and committees;

C.

City administrator, city attorney, city clerk, city treasurer, chief of police, finance officer, city engineer, public works superintendent, and all department heads who serve at the council's pleasure;

D.

Person engaged under contract to supply expert, professional, technical or any other services;

E.

Volunteer personnel who receive no regular compensation from the city, such as police reserve officers and volunteer firemen;

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 such as those employed through federal grants which have the purpose of meeting a national goal to provide employment during periods of severe unemployment or which have the goal to provide training or retraining for persons entering or reentering the labor market.

(Ord. 228 § 2(part), 1982: prior code § 2-304)

Personnel rules establishing procedures and regulations governing the personnel system shall be adopted by resolution of the council. The rules shall include, but not be limited to, the following:

A.

Public announcement of all tests and acceptance of applications for employment'

B.

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

C.

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

D.

Evaluation of employees during the probationary period;

E.

Transfer, promotion, demotion, reduction in pay, suspension, reinstatement, disciplinary action, and layoff of employees in the competitive service;

F.

Separation of employees from the city service;

G.

The establishment of personnel records;

H.

Standardization of hours of work, attendance and leave regulations, working conditions and development of employee morale and welfare;

I.

The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.

(Ord. 228 § 2(part), 1982: prior code § 2-305)

A.

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

B.

When appointment is to be made to a vacancy in the competitive services, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.

(Ord. 228 § 2(part), 1982: prior code § 2-306)

A.

All regular appointments, including promotional appointments, shall be for a probationary period of six months, except that as to any class of positions the rules may provide for an extension of the period for not more than any additional six 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 or she was promoted shall be reinstated to the position from which he or she was promoted, unless dismissed from the city service as provided in this chapter and the rules.

B.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which the employee was promoted or transferred if action is taken to reject him unless the employee is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.

(Ord. 228 § 2 (part), 1982: prior code § 2-307)

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 competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

B.

Any other persons holding positions in the competitive 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. 228 § 2(part), 1982: prior code § 2-308)

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. 228 § 2(part), 1982: prior code § 2-309)

The personnel officer shall have the right, for due cause, to transfer, demote, dismiss, reduce in pay, or suspend without pay any regular employee.

(Ord. 228 § 2(part), 1982: prior code § 2-310)

A.

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

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. 228 § 2(part), 1982: prior code § 2-311)

A.

Whenever in the judgment of the council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the council may abolish any position or employment in the competitive service; and the employee holding such position or employment may be laid off without taking disciplinary action and without the right of appeal.

B.

The order of layoff of employees shall be established by the personnel officer on the recommendation of the department head involved. The department head shall take into consideration on-the-job performance and length of service of 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 to be laid off shall be given notice at least fourteen days before the effective date of any layoff.

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. 228 § 2(part), 1982: prior code § 2-312)

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

(Ord. 228 § 2(part), 1982: prior code § 2-313)

No person in the competitive 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, handicap, or because of the exercise of his or her rights under Section 3502 of the Government Code.

(Ord. 259, 1987: Ord. 228 § 2(part), 1982: prior code § 2-314)

Minimum or maximum age limits for any competitive service examination shall not be established. Age shall not be a minimum qualification for any employment in the competitive service. Any person possessing all the minimum qualifications for a position is eligible to take any competitive service examination, regardless of age, and no rule shall be adopted prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age.

(Ord. 269 § 2(4), 1990: prior code § 2-314.1)

The city administrator 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 public or private 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, conduct, and grading of competitive tests;

D.

The conduct of employee training programs;

E.

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

(Ord. 228 § 2(part), 1982: prior code § 2-315)

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

(Ord. 228 § 2(part), 1982: prior code § 2-316)