Pinole Municipal Code Ch. 2.48 Personnel System

* For statutory provisions authorizing a city to establish a civil service system, see Gov. Code § 45001; for provisions concerning civil service for city employees generally, see Gov. Code § 45000 et seq.; for provisions concerning political activity of public employees, see Gov. Code § 3201 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 fitness, and to provide a reasonable degree of security for qualified employees, the personnel system described in this chapter is adopted. (Ord. 290 § 1, 1971).

As used in this chapter, the following terms shall be defined as indicated:

A. APPOINTING POWER. The officers of the city who in their individual capacities have the final authority to make the appointment to the position to be filled.

B. CLASS. All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

C. COMPETITIVE SERVICE. All positions of employment in the service of the city except those specifically excluded in this chapter.

D. DAYS. Calendar days unless otherwise stated.

E. DEMOTION. The movement of an employee from one class to another class having a lower maximum rate of pay.

F. EMPLOYMENT LIST. A list of names of persons who may be considered for employment with the city under specified conditions.

G. EXAMINATION. Selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

H. LAYOFF. 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 for the above reasons or due to organizational changes.

I. POSITION. A group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

J. PROBATIONARY PERIOD. A working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she is appointed by actual performance of the duties of the position.

K. PROMOTION. The movement of an employee from one class to another class having a higher maximum rate of pay.

L. REINSTATEMENT. The re-employment without examination of a former regular employee or probationary employee.

M. SUSPENSION. The temporary separation from the service of an employee without pay, for disciplinary purposes.

N. TEMPORARY APPOINTMENT. 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.

O. TRANSFER. A change of an employee from one position to another position in the same class or in a comparable class. (Ord. 320 § 1(a), 1973; Ord. 290 § 2, 1971).

The City Manager shall be the personnel officer. The City Manager may delegate any of the powers and duties conferred upon him or her 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 Section 2.48.040(E) of this chapter. The personnel officer shall:

A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council ;

B. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules;

C. 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 City Council ;

D. Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving of applications thereof, 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. (Ord. 290 § 3, 1971).

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

A. The City Manager and his or her assistants;

B. Elective officers;

C. Members of appointive boards, commissions, and committees;

D. The finance director, police chief, fire chief, director of public works/city engineer, director of recreation and parks, planning director, and such other department heads duly designated as such in the position and classification plan;

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

F. Volunteer personnel, such as volunteer firemen;

G. The City Attorney;

H. 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.

I. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. (Ord. 290 § 4, 1971).

Personnel rules shall be adopted by resolution of the City Council . 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 classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;

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

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

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

E. Establishment of probationary periods;

F. Evaluation of employees during the probationary period;

G. Transfer, promotion, reinstatement, disciplinary action and layoff of employees in competitive service;

H. Separation of employees from the city service;

I. The establishment of adequate personnel records;

J. The establishment of appeal procedures concerning the interpretation of this ordinance and any rules adopted hereunder. (Ord. 290 §5, 1971).

A. 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 fitness to be ascertained so far as practicable by competitive examinations. Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, polygraph and/or psychological tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.

B. In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

C. Appointments shall be made by the City Manager or by the officer in whom the power to make appointments is vested.

D. When appointment is to be made to a vacancy in the competitive service, the personnel officer shall certify and transmit to the appointing power the names of all certified persons on the appropriate employment list pursuant to the personnel rules and regulations. (Ord. 320 § 1(b), 1973: Ord. 290 § 6, 1971).

A. 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.

B. An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service as provided in this chapter and the rules.

C. 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 he or she was promoted or transferred if action is taken to reject him or her, unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (Ord. 290 § 7, 1971).

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 continuosly 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 or her 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 person holding position 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 ap pointment or employment. (Ord. 290 § 8, 1971).

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. 290 § 9, 1971).

A. Any appointing power shall have the right for due cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty calendar days, any regular employee. Notice of such action must be in writing and served personally on such employee, 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.

B. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 290 § 10, 1971).

A. Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish any position or employment in the competitive service; and the employee holding such position for 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 pursuant to the adopted personnel rules and regulations. Once the sequence of order of layoff as is established in the personnel rules is observed, retention of employees shall then be based solely on the earliest date of continous city employment.

C. Persons whose names are place 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.

D. Employees to be laid off shall be given at least fourteen days' prior notice. 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. (Ord. 320 § 1(c), 1973: Ord. 290 § 11, 1971).

A. No city employee in the competitive service shall be an officer of a political party or hold political office during his/her employment.

B. No employee, or official, shall solicit any assessments, contributions, or services for any political party from any employee in the competitive service.

C. Nothing contained in this section shall affect the right of the employee to hold membership in, and support, a political party, to vote as he or she chooses, to express privately his or her opinions on all political subjects and candidates, to maintain political neutrality, and to attend political meetings.

D. All other pertinent provisions of state law applicable to political activities of public city employees shall be considered a part of this chapter. (Ord. 290 § 12, 1971).

No person in the competitive service, or seeking admission thereto, shall be employed, 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 or because of the exercise of his or her rights under Section 3502 of the Government Code. (Ord. 290 § 13, 1971).

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 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. 290 § 14, 1971).

Any person who wilfully violates any provision of this chapter or of the policies shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 290 § 15, 1971).