Porterville Municipal Code Art. X 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 personnel system set out in this article is hereby adopted. (Ord. 1283 § 1, 6-21-1983)

The terms used to administer the personnel system shall be defined in the personnel rules. (Ord. 1283 § 2, 6-21-1983)

The city manager shall administer the city personnel system and may delegate any of the powers and duties to a personnel director or may delegate the appointing authority granted by the city council to any other officer or employee of the city, or may recommend that such powers and duties be performed under contract. The city manager shall:

A. Act as the appointing authority for the city.

B. Administer all provisions of this article and of the personnel rules not specifically reserved to the city council.

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

D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan.

E. Have the authority to discipline employees in accordance with this article and the personnel rules of the city.

F. 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 of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. (Ord. 1283 § 3, 6-21-1983)

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

A. Elective officers.

B. The city manager.

C. The city attorney.

D. Members of appointive boards, commissions and committees.

E. All department heads, and management employees as indicated in the city pay and employee benefit plan.

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

G. Volunteer personnel, such as volunteer firemen.

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. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than nine hundred sixty (960) hours per year, and has successfully completed the probationary period and has been retained as provided in this article and the personnel rules.

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

K. Employees not included in the competitive service under this section, who shall serve at the pleasure of their appointing authority. (Ord. 1283 § 4, 6-21-1983)

Personnel rules shall be adopted by resolution of the city council. The rules may 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. Appropriate announcement of the selection process 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 appointment.

E. Establishment of probationary testing periods.

F. Evaluation of employees during the probationary testing period and thereafter.

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 and maintenance of adequate personnel records for purposes of accounting and legal requirements.

J. The establishment of any necessary appeal procedures. (Ord. 1283 § 5, 6-21-1983)

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 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, medical and psychological tests may be given as a part of any examination.

In any examination the city manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

The appointing authority of employees in the competitive service is the city manager. The city manager may delegate the appointing authority to any other officer or employee of the city. (Ord. 1283 § 6, 6-21-1983)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six (6) months or longer as determined by the personnel rules. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. (Ord. 1283 § 7, 6-21-1983)

Any person holding a position included in the competitive service who, on the effective date of this article (July 21, 1983), 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 article and the personnel rules.

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. 1283 § 8, 6-21-1983)

The city manager or any appointing authority shall have the authority to demote, discharge, reprimand, reduce in pay or suspend any regular employee for cause in accordance with procedures included in the personnel rules. (Ord. 1283 § 9, 6-21-1983)

Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this article or the rules adopted thereunder.

All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this article. (Ord. 1283 § 10, 6-21-1983)

Layoff and reemployment actions shall follow the process outlined in the personnel rules. (Ord. 1283 § 11, 6-21-1983)

The political activities of city employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law. (Ord. 1283 § 12, 6-21-1983)