Pismo Beach Municipal Code Ch. 2.40 Personnel System

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 set out in this chapter is adopted. (Prior code § 2.40.010)

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

"Appointing power" means the officers of the city, who, in their individual capacities or as a board, commission or city council, have the final authority to make the appointment to the position to be filled.

"Class" means 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.

"Competitive service" means all positions of employment in the service of the city except those specifically excluded by this chapter.

"Days" means calendar days unless otherwise stated.

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

"Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.

"Examination" means selection techniques used to measure the relative capacities of the persons applying for the positions within the competitive service.

"Layoff" 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 for the above reasons or due to organizational changes.

"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 working test period during which an employee is required to demonstrate his fitness for the position to which he 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 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.

"Reinstatement" means the reemployment, without examination, of a former regular employee or probationary employee.

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

"Transfer" means a change of an employee from one position to another position in the same class or in a comparable class. (Prior code § 2.40.020)

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 Section 2.40.200. 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 therefor; the conducting and grading of tests; the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service. (Prior code § 2.40.030)

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

A. The city administrator and his assistants;

B. Elective officers;

C. Members of appointive boards, commission and committees;

D. The city clerk;

E. Chief of police, fire chief, community development director, public works director/city engineer, administrative services director/treasurer, management services director, chief building official, and tourism and events director;

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

G. Volunteer personnel, such as volunteer firemen and reserve police;

H. The city attorney;

I. 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;

J. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions.

(Ord. O-2021-003, § 10, 2021: Ord. O-2016-004 § 4, 2016; prior code § 2.40.040)

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council and at least five days prior to city council consideration. The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the city council (optional if not within the scope of representation). 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 making of provisional appointments;

E. Establishment of probationary periods;

F. Evaluation of employees during the probationary period;

G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the 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 or application of this chapter and rules adopted hereunder. (Prior code § 2.40.050)

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 examination. 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 test, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination 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. In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor. (Prior code § 2.40.060)

Appointments shall be made by the city council or by the officer in whom the power to make appointments is vested. (Prior code § 2.40.070)

When appointment is to be made to a vacancy in the competitive service, 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. (Prior code § 2.40.080)

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 has been promoted shall be reinstated to a position in the class from which he was promoted unless he 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 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. (Prior code § 2.40.090)

All original and promotional appointees to positions in the competitive service shall serve a probationary period of no less than six months, excepting public safety officers and public safety dispatchers who shall serve one year. Should the department head and appointing authority determine that a longer period of probation be required, the appointee shall be informed in writing of the amount of extension and reasons therefor. (Ord. 88-19 § 1, 1988: prior code § 2.28.030)

A. Any person holding a position included in the competitive service, who, on the effective date of the ordinance codified in this chapter, has 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. (Prior code § 2.40.100)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions unless otherwise specified. (Prior code § 2.40.110)

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 part of a general plan to reduce salaries and wages or to eliminate positions. (Prior code § 2.40.120)

Any employee in the competitive service shall have the right to appeal to the city council any disciplinary action or alleged violation of this chapter and the rules adopted hereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted hereunder. 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. (Prior code § 2.40.130)

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. (Prior code § 2.40.140)

In reducing personnel and laying off any employee through the abolition of position, the council shall observe the seniority rule. The name of each employee so laid off shall be placed at the top of the appropriate eligible list. (Prior code § 2.40.150)

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. (Prior code § 2.40.160)

Persons whose names are placed on reemployment lists, in accordance with Section 2.40.170, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence during this period and entitled to all benefits accruing from such leave. (Prior code § 2.40.170)

The political activities of city employees shall conform to pertinent provisions of state law. (Prior code § 2.40.180)

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, physical handicap, sex or because of the exercise of his rights under Section 3502 of the Government Code. (Prior code § 2.40.190)

A. The city condemns and prohibits harassment of an individual because of that individual's sex, race, religious creed, color, age, national origin, ancestry, marital status, medical condition, sexual orientation, or physical or mental handicap. Such harassment by employees and nonemployees is demeaning to both the victim and the city. It can result in high turnover, absenteeism, low morale and productivity, and an uncomfortable atmosphere to work in. Therefore, the city will not tolerate any such harassment of its employees and will take affirmative action to stop it.

B. Harassment includes, but is not limited to:

1. Verbal harassment such as epithets, derogatory comments or slurs;

2. Physical harassment such as assault, impeding or blocking movements, or any physical interference with normal work or movement directed at an individual;

3. Visual forms of harassment such as derogatory posters, cartoons or drawings;

4. Sexual harassment such as unwelcome sexual advances, pinching, feeling or purposely rubbing up against another's body, requests for sexual favors, and other verbal or physical conduct of a sexual nature such as name calling, suggestive comments, or lewd talk and jokes. A more specific and thorough definition and discussion of sexual harassment is contained in the recent report by Sedgwick James, the city's insurance broker, which is incorporated in this section by reference. A copy of the report shall be maintained on file by the personnel officer for public perusal.

C. If any employee believes that he or she is the victim of harassment, that employee has a duty and responsibility to immediately report the incident to his or her immediate supervisor. If the immediate supervisor is involved in the reported conduct, or, if for some other reason the employee feels uncomfortable about making a report to the supervisor, the report shall be made to the city administrator. No employee will be disciplined or otherwise retaliated against for complaining about such harassment.

D. The city will promptly and confidentially investigate any such report and will take whatever corrective action is deemed necessary, including disciplining or discharging any individual who is found to have violated this prohibition against harassment. The city does not tolerate harassment of any kind and will take appropriate action whenever such harassment is demonstrated. Also, any individual who engages in conduct contrary to this policy may be personally liable in any legal action brought against him or her. Any and all such conduct is outside the scope of employment.

E. City and taxpayer liability is usually premised upon the city's actual or constructive knowledge of such harassment and city failure to take immediate and appropriate corrective action. Employees will serve the city and the public best, and will prevent future harassment of themselves and other employees, by promptly reporting all incidents of harassment.

F. City personnel procedures and employee training programs shall be amended and updated regularly to assure that all employees are constantly aware of city prohibitions against harassment, and of an employee's duty to report all acts of harassment against the employee or other employees. Employees should also be made aware of the necessity to keep all such allegations and investigations confidential, not only for the protection of the harassed employee, but also to avoid defamation actions by one who claims to be unfairly accused. (Ord. 90-12 § 1, 1990: prior code § 2.40.220)

The city administrator 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 classifications 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. (Prior code § 2.40.200)