Petaluma Municipal Code Ch. 3.04 Personnel System

Article I. General Provisions1

1 Editor’s Note: For statutory provisions authorizing cities to establish personnel or civil service systems, see

Gov. Code §45000, et seq.

For statutory provisions providing for holidays throughout the state, see Gov. Code §6700, et seq.

For statutory provisions on sick leave by public employees, see Gov. Code §45010.

For statutory provisions on military leave by public employees, see Mil. and Vet. Code §395, et seq.

In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to

municipal service the best and most competent persons available, to assure that appointments and promotions of

employees will be based on merit and Ftness and to provide a reasonable degree of security for qualiFed

employees, the personnel system in this chapter is adopted. (Ord. 837 NCS § 1; prior code §2.88.)

The city manager shall be the personnel oHcer. The city manager may delegate, any of the powers and duties

conferred upon him as personnel oHcer under this chapter to any other oHcer or employee of the city or may

recommend that such powers and duties be performed under contract as provided in Section 3.04.060. The

personnel oHcer shall:

A. Attend all meetings of the personnel board;

B. Administer all the provisions of this article and of the personnel rules;

C. Prepare and recommend to the city council personnel rules, and revisions and amendments to such rules.

The city attorney shall approve the legality of such rules and amendments prior to their submission to the city

council;

D. Prepare or cause to be prepared a position classiFcation plan, including class speciFcations and revisions of

the plan. The plan and any revisions thereof shall become eIective upon approval by the city council;

E. Prepare or cause to be prepared a plan of compensation and revisions thereof, covering all classiFcations in

the competitive service. The plan and any revisions thereof shall become eIective upon approval by the city

council;

F. Provide for the publishing or posting notices of tests for positions in the competitive service, the receiving of

applications therefor, the conducting and grading of tests, and the certiFcation to the appointing power of a list of

all persons eligible for appointment to the appropriate position in the competitive service.

(Ord. 837 NCS §1; prior code §2.89.)

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

except:

A. The city manager;

B. All department heads and the principal appointive oHcials of the city as set forth in Section 25 of the Charter;

C. The human resources manager;

D. The assistant city attorneys;

E. Elective oHcers;

F. Members of appointive boards, commissions and committees;

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

H. Volunteer personnel;

I. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such

as extraordinary Fre, Good or earthquake which threatens life or property;

J. Employees who do not hold a regular position in the service of the city. A "regular" position is deFned as a

position created by the city council and assigned to any existing classiFcation within the classiFcation plan. A regular employee is one who holds a regular position and who has successfully completed his or her probationary

period, while a probationary employee is one who holds a regular position during a probationary period.

(Ord. 2481 NCS §1, 2014; Ord. 1599 NCS §1, 1985; Ord. 837 NCS §1; prior code §2.92.)

The political activities of city employees shall conform to pertinent provisions of state law. (Ord. 837 NCS §1; prior

code §2.101.)

The city is committed to treating each employee and job applicant in a fair and nondiscriminatory manner. Any

appointment to or removal from a regular position in the competitive service or any term or condition of

employment shall not be aIected or inGuenced in any manner by any consideration of race, religious creed, color,

natural origin, ancestry, handicap, mental condition, marital status, sex, age or veteran status, as deFned under applicable state or federal law.2 (Ord. 1599 NCS §2, 1985; Ord. 837 NCS §1; prior code §2.102.)

2 Editor’s Note: Prior code §2.102 was amended during codiFcation in accordance with the wishes of the city

attorney in a letter dated August 3, 1972.

The city manager shall consider and make recommendations to the city 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 city council may contract with any qualiFed person or 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 classiFcation plan and subsequent revisions and amendments thereof;

C. The preparation of a plan of compensation and subsequent revisions and amendments thereof;

D. The preparation, conduct and grading of competitive tests;

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

administration.

(Ord. 837 NCS §1; prior code §2.103.)

speci;cations, and designs.

The director of public works and utilities or designee is granted the discretionary authority to approve plans,

speciFcations, and designs for "public works," as that term is deFned in Section 68 of the Petaluma Charter,

California Public Contract Code Section 1101, California Labor Code Section 1720, and other applicable law. The

director of public works and utilities or designee may delegate authority to approve plans, speciFcations, and

designs for public works projects, in writing, to a city of Petaluma employee, so long as such employee possesses a

valid certiFcate of registration as an engineer by the California Board of Professional Engineers both at the time of

delegation and at the time of approval of the plans, speciFcations and designs. For purposes of this section and

Section 830.6 of the California Government Code, a stamp or signature by the director of public works or designee

or delegee pursuant to this section on public works plans, speciFcations or designs, or a writing signed by the

director of public works or designee or delegee pursuant to this section concerning public works plans,

speciFcations or designs (any or all of which may be in electronic form), shall be conclusive evidence of

discretionary approval of the plans, speciFcations or designs. (Ord. 2888 NCS §3, 2024.)

Article II. Rules and Regulations3

3 Editor’s Note: For statutory provisions on the payment of compensation by cities to appointive oHcers and

employees, see Gov. Code §37206. For regulations governing the power of council to Fx remuneration for city

employees and oHcers, see Section 28 of the Charter.

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly

posted at least Fve days prior to city council consideration. 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 classiFcation plan covering all positions in

the competitive service, including employment standards and qualiFcations for each class;

B. Preparation, revision and administration of a plan of compensation directly correlated with the position

classiFcation plan, providing a rate or range pay for each class;

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

D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing

names of persons eligible for appointment;

E. CertiFcation and appointment of persons from employment lists and the making of provisional and

emergency appointments;

F. Evaluation of employees during the probationary period;

G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoI of employees in the competitive

service;

H. Separation of employees from the city service;

I. Standardization of hours of work, attendance and leave regulations, working conditions and the development

of employee morale, welfare and training;

J. The establishment of adequate personnel records;

K. The establishment of grievance and appeal procedures.

(Ord. 837 NCS §1; prior code §2.93.)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of all

exempt positions except persons engaged under contract to supply expert professional or other services,

volunteer personnel and emergency employees. (Ord. 837 NCS §1; prior code §2.97.)

Article III. Appointments and Promotions

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

Appointments and promotions shall be based on merit and Ftness to be ascertained so far as practicable by

competitive examination. Examinations shall be used and conducted to aid in the selection of qualiFed employees

and shall consist of selection techniques which will test fairly the qualiFcations 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 combinations of these or other tests. Physical and medical tests may be

given as a part of any examination.

In any examination, the personnel oHcer may include, in addition to competitive tests, a qualifying test or tests

and set minimum standards therefor.

Appointments shall be made by the city manager in accordance with the powers and limitations of Section 24 of

the Charter, or by the oHcer to whom the power to make appointments is delegated.

When appointment is to be made to a vacancy in the competitive service, the personnel oHcer shall transmit to

the appointing power the names of all persons on the appropriate certiFed employment list, in the order in which

they appear on the list.

In the absence of appropriate employment lists, a provisional appointment may be made by the city manager of a

person meeting the minimum training and experience qualiFcations for the position. A provisional employee may

be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or

pending Fnal action on proceedings to review suspension, demotion or discharge of an employee, such vacancy

may be Flled by the city manager by a provisional appointment subject to the provisions of this chapter and the

personnel rules. (Ord. 837 NCS § 1; prior code §2.94.)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than

six months. During the probationary period, the employee may be rejected at any time without the right of appeal

or hearing.

An employee rejected during the probationary period from a position to which he has been promoted shall be

reinstated to the position in the class from which he was promoted unless he is discharged from the city service as

provided in this chapter and the personnel rules.

An employee in the competitive service promoted or transferred to a position not included in the competitive

service shall be reinstated to the position from which he was promoted or transferred 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

competitive service. (Ord. 837 NCS §1; prior code §2.95.)

Any person holding a position included in the competitive service who, on the eIective date of the ordinance codiFed herein,4 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 eIective date without qualifying test, and shall

thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

Any other person 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. 837 NCS §1; prior

code §2.96.)

4 Editor’s Note: The ordinance from which this Chapter was derived was posted on June 6, 1966, to become

eIective as provided by law.

Article IV. Changes in Employment Status

The city manager shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for

thirty calendar days, any regular or probationary employee. Notice of such action must be in writing and served on

such employee personally or delivered via certiFed mail to the last known address prior to the action intended,

except where 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.

(Ord. 1599 NCS §3, 1985; Ord. 837 NCS §1; prior code §2.98.)

Any employee in the competitive service shall have the right to appeal to the personnel board any disciplinary

action, interpretation or alleged violation of this chapter or the personnel rules adopted thereunder, except in

those instances where the right of appeal is speciFcally prohibited by this chapter or the personnel rules adopted

thereunder.

The personnel board shall have the right of subpoena, the power to examine witnesses under oath, the power to

compel the attendance of witnesses and the power to require the production of evidence by subpoena.

Subpoenas shall be issued in the name of the city and attested by the city clerk.

Each member of the personnel board shall have the power to administer oaths to witnesses.

All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and

procedures as set forth in the personnel rules adopted pursuant to the authority of this chapter.

Notwithstanding the provisions of this municipal code, or other city enactments, the city manager may adopt

alternative procedures for the appeal of employee discipline matters (including discharge), provided that the city

manager must Frst exhaust meet and confer requirements pursuant to the Meyers-Milias-Brown Act, California

Government Code section 3500, et seq., with any recognized employee organizations representing the disciplined

employee(s). (Ord. 2167 NCS § 1, 2003; Ord. 837 NCS §1; prior code §2.99.)

Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position or

employment in the competitive service. Employees transferred, demoted or laid oI because of the abolishment of

positions shall not be subject to written charges nor shall they have the right of appeal in such cases.

Seniority shall be observed in eIecting such reduction in personnel and the order of layoI shall be in the reverse

order of total cumulative time served in regular and probationary status in the competitive service upon the

eIective date of the layoI. LayoI shall be made within classes of positions, and all provisional employees in the

aIected class or classes shall be laid oI prior to the layoI of any probationary or regular employee.

For the purpose of determining order of layoI, total cumulative time shall include time served on military leave of

absence.

The names of probationary and regular employees laid oI shall be placed upon reemployment lists for classes

which, in the opinion of the personnel oHcer, require basically the same qualiFcations and duties and

responsibilities of those of the class of positions from which layoI was made.

Names of persons laid oI shall be placed upon reemployment lists in order of total cumulative time served in

probationary and regular status and shall remain on such lists for a period of one year unless reemployed sooner.

(Ord. 1599 NCS §4, 1985; Ord. 837 NCS §1; prior code §2.100.)