Rancho Palos Verdes Municipal Code Ch. 2.46 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 forth in this chapter is adopted.

(Code 1981, § 2.46.010; Ord. No. 260, § 1(part), 1990)

The terms used to administer the personnel system shall be defined in the personnel rules.

(Code 1981, § 2.46.020; Ord. No. 260, § 1(part), 1990)

The city manager shall administer the city personnel system and may delegate any of the powers and duties to a personnel officer 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 as provided in section 2.46.130. The city manager shall:

A. Act as the appointing authority for the city;

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

F. Provide for the publishing and posting of notices on the city hall bulletin boards 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.

(Code 1981, § 2.46.030; Ord. No. 260, § 1(part), 1990)

The provisions of this chapter shall apply to all offices, regular full-time and shared full-time positions and employment in the service of the city, except:

A. Elective officers;

B. The city manager, the assistant or deputy city manager;

C. The city attorney and any assistant or deputy city attorneys;

D. Members of appointive board, commissions, and committees;

E. All department heads as established in section 2.46.050(L);

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

G. Volunteer personnel such as docents;

H. All council-appointed city officers;

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; and

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

Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority.

(Code 1981, § 2.46.040; Ord. No. 260, § 1(part), 1990; Ord. No. 335, § 1, 1998)

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. Provisions for the 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 appointments;

E. Establishment of probationary periods;

F. Evaluation of employees during the probationary 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;

K. Leave and vacation procedure; and

L. Department head positions and organization.

(Code 1981, § 2.46.050; Ord. No. 260, § 1(part), 1990)

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 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 combination of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical examinations and for public safety psychological examinations may be given as a part of any examination pertinent to the job description.

In any examination the city manager or their designee may include, in addition to competitive tests, a qualifying test, 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.

(Code 1981, § 2.46.060; Ord. No. 260, § 1(part), 1990)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. The appointing authority may extend such probationary period up to six additional months.

The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work the number of days absent shall be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure. An employee has a right to a status review before the end of the probationary period.

An employee rejected during the probationary period from a position to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they are discharged from the city service as provided in the personnel rules. If no vacancy exists in such position, they shall be placed on a reemployment list as provided in the personnel rules.

(Code 1981, § 2.46.070; Ord. No. 260, § 1(part), 1990)

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 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 their 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.

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.

(Code 1981, § 2.46.080; Ord. No. 260, § 1(part), 1990)

The city manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for a stated reason in accordance with procedures included in the personnel rules.

(Code 1981, § 2.46.090; Ord. No. 260, § 1(part), 1990)

Any employee in the competitive service shall have the right to appeal a disciplinary action, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.

All disciplinary action appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter.

(Code 1981, § 2.46.100; Ord. No. 260, § 1(part), 1990)

Layoff and reemployment actions shall follow the process outlined in the personnel rules.

(Code 1981, § 2.46.110; Ord. No. 260, § 1(part), 1990)

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

(Code 1981, § 2.46.120; Ord. No. 260, § 1(part), 1990)

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; and

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

(Code 1981, § 2.46.130; Ord. No. 260, § 1(part), 1990)