Parlier Municipal Code Ch. 4.01 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 personnel system is adopted.

(Ord. 97-4 §1(part), 1997).

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Advancement" means a salary increase within the limits of a pay range established for a class.

"Allocation" means the assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.

"Anniversary date" means the date of the first day of a person's employment with the city.

"Appointing authority" means the officers of the city who have the final authority to make the appointment to the position to be filled.

"Class" means positions sufficiently similar in duties, authority, and responsibilities which permit grouping under a common title, and the application of common standards of selection, transfer, demotion and salary.

"Competitive service" means all positions of employment in the service of the city except those excluded by Section 4.01.040 of this chapter or by resolution of the city council.

"Complaint" means a claim, other than a grievance, filed by an employee in the competitive service that the city has violated, misinterpreted or misapplied an obligation to the employee.

"Days" means calendar days, unless otherwise stated.

"Demotion" means the movement of an employee from one class to another class having a lower maximum base rate of pay.

"Disciplinary action" means punitive action against a regular employee.

"Eligible" means a person whose name appears on an employment list.

Employment List.

1. "Open employment list" means a list of names of persons who have taken an open competitive examination for a class in the competitive service and have qualified.

2. "Promotional employment list" means a list of names of persons who have taken a promotional examination for a class in the competitive service and have qualified.

Examination.

1. "Open competitive examination" means an examination for a particular class which is open to all persons meeting the qualifications for the class.

2. "Promotional examination" means an examination for a particular class which is open only to employees meeting the qualifications for the class.

3. "Continuous examination" means an open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year.

"Grievance" means a claim alleging violation by the city of a specific provision of the city personnel ordinance, the city personnel rules, or a memorandum of understanding (MOU) in effect between the city and an exclusively recognized employee organization.

"Lay-off" means the separation of employees from the active work force due to lack of work or funds or to the abolition of positions by the city council.

"Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

"Probationary period" means a period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position.

"Promotion" means the movement of an employee from one class to another class having a higher maximum base rate of pay.

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

"Regular employee" means employees who were hired as the result of a competitive examination process and successfully completed probation, and department directors, and the city manager.

"Reinstatement" means the restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular nonprobationary employee.

"Relief of duty" means the temporary nonpunitive assignment of an employee to a status of leave with pay.

"Suspension" means the temporary separation from service of an employee without pay for disciplinary purposes.

"Temporary employee" means an employee who is appointed to an authorized position for a limited period of time, not to exceed one hundred eighty days.

"Transfer" means a change of an employee from one position to another position in the same class or in a comparable class.

(Ord. 97-4 §1(part), 1997).

The city manager shall administer the personnel system and shall hold the position of personnel officer. The city manager may delegate the duties granted in this title to any other officer or employee of the city. The city manager shall have the following duties and responsibilities:

A. To be the appointing authority for all positions in city service other than the city attorney and the boards and commissions appointed directly by the city council.

B. To administer the provisions of the personnel ordinance not specifically reserved to the city council or the personnel board.

C. To prepare a job classification plan, including job specifications, subject to approval by the city council.

D. To prepare a plan for compensation of all classifications, subject to approval by the city council.

E. To discipline employees in accordance with this title.

(Ord. 97-4 §1(part), 1997).

A. The competitive service includes all offices, positions and employments in the service of the city, except:

1. Elective officers;

2. The city manager;

3. The city attorney;

4. All city department directors;

5. Such other personnel as designated by resolution of the city council;

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

7. Volunteer personnel;

8. Reserve police officers;

9. City officers and officials appointed directly by the city council, including the city engineer and appointive boards and commissions;

10. Emergency employees hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property;

11. Probationary, provisional, temporary and other nonregular employees of the city;

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

B. Employees not included in the competitive service under this section are "at will" employees who serve at the pleasure of the appointing authority;

C. Chapters 4.03 and 4.04, and Articles 2, 3, 4 and 6 of Chapter 4.08 of this title shall apply only to employees in the competitive service.

(Ord. 97-4 §1(part), 1997).

The provisions of Code of Civil Procedure § 1094.6, shall apply to proceedings under this title.

(Ord. 97-4 §1(part), 1997).

The political activities of city employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law.

(Ord. 97-4 §1(part), 1997).

The city manager, upon approval by the city council, may contract for the performance of technical, expert or professional services which city employees are not qualified to perform, and with reserve police officers.

(Ord. 97-4 §1(part), 1997).

A. Applicants for employment with the city who are related within the third degree, by blood or marriage, to a person currently employed by the city, shall not be employed in the same department as the applicant's relative, if it is determined on a case-by-case review that employment of the applicant in the same department as his or her relative would create or aggravate problems relating to safety, security, supervision, morale or conflicts of interest in such department.

B. No person shall be favored or discriminated against in his/her employment relations with the city by reason of his/her relationship to employees or officials of the city.

(Ord. 01-01 §1, 2001: Ord. 97-4 §1(part), 1997).