Red Bluff Municipal Code Art. VIII Personnel

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 following personnel system is hereby adopted.

(`61 Code, § 2.77) (Ord. 466, passed 12-20-1966)

(A) 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 article to any other officer or employee of the city or may recommend that the powers and duties be performed under contract, as provided in § 2.92.

(B) The Personnel Officer shall:

(1) Administer all the provisions of this article and of the personnel rules not specifically reserved to the City Council;

(2) Prepare and recommend to the City Council personnel rules and revisions and amendments to the rules; (The City Attorney shall approve the legality of the rules and amendments prior to their submission to the City Council.)

(3) 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.)

(4) Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service; and (The plan, and any revisions thereof, shall become effective upon approval by the City Council.)

(5) 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 certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(`61 Code, § 2.78) (Ord. 466, passed 12-20-1966; Am. Ord. 934, passed 6-18-2002)

(`61 Code, § 2.79) (Ord. 466, passed 12-20-1966; Am. Ord. 731, passed 12-20-1983; Am. Ord. 934, passed 6-18-2002)

(`61 Code, § 2.80) (Ord. 466, passed 12-20-1966; Am. Ord. 934, passed 6-18-2002)

(`61 Code, § 2.81) (Ord. 466, passed 12-20-1966; Am. Ord. 731, passed 12-20-1983; Am. Ord. 838, passed 1-21-1992; Am. Ord. 934, passed 6-18-2002)

(A) Personnel rules shall be adopted by resolution of the City Council after notice of the action has been publicly posted at least five 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.

(B) The rules shall establish regulations governing the personnel system including:

(1) 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;

(2) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

(3) Public announcement of all tests and acceptance of applications for employment;

(4) Preparation and conduct of tests and the establishment and use of resoluting employment lists containing names of persons eligible for appointment;

(5) Certification and appointment of persons from employment lists and the making of provisional and emergency appointments;

(6) Evaluation of employees during the probationary period;

(7) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

(8) Separation of employees from the city service;

(9) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;

(10) The establishment of adequate personnel records; and

(11) The establishment of grievance and appeal procedures.

(C) In addition to the personnel rules referred to above, each department head may, upon approval of the City Manager, adopt reasonable and necessary rules and regulations for the conduct of employees.

(`61 Code, § 2.82) (Ord. 466, passed 12-20-1966)

When appointment is to be made to a vacancy in the competitive services, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list.

(`61 Code, § 2.83) (Ord. 466, passed 12-20-1966; Am. Ord. 625, passed 4-3-1979)

(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 article and the personnel 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 article and the personnel rules for positions in the competitive service.

(`61 Code, § 2.84) (Ord. 466, passed 12-20-1966)

(`61 Code, § 2.85) (Ord. 466, passed 12-20-1966; Am. Ord. 934, passed 6-18-2002)

The provisions of the personnel rules relating to attendance, leaves and retirement shall apply to the incumbents of full-time exempt positions.

(`61 Code, § 2.86) (Ord. 466, passed 12-20-1966)

(A) Any appointing power shall have the right, for due cause to demote, dismiss, reduce in pay or suspend without pay for 30 calendar days, any permanent employee. Notice of the action must be in writing and served personally on the employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. If the employee cannot be personally served, the notice shall be mailed by certified mail to his or her last-known address. The 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 position.

(`61 Code, § 2.87) (Ord. 466, passed 12-20-1966)

The action of an employee which reflects discredit upon a public service, or is a hindrance to the effective performance of the department in which the employee is employed shall be considered “cause,” “good cause” or “due cause” for discipline. Such actions include but are not limited to:

(A) Incompetency;

(B) Inefficiency;

(C) Neglect of duty;

(D) Insubordination;

(E) Absence without leave;

(F) Conviction of a felony;

(G) Discourteous treatment of the public or other employees;

(H) Improper political activity;

(I) Willful disobedience;

(J) Willful concealment or misrepresentation of material facts in applying for or securing employment;

(K) Other conduct either during or outside of duty hours which causes discredit to the agency or the employment.

(`61 Code, § 2.88) (Ord. 466, passed 12-20-1966; Am. Ord. 934, passed 6-18-2002; Am. Ord. 1028, passed 1-21-2014)

(A) 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 off because of the abolishment of positions shall not be subject to written charges nor shall they have the right of appeal in the cases.

(B) Seniority shall be observed in effecting the reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in permanent and probationary status in the competitive service upon the effective date of the layoff. Layoff shall be made within classes of positions and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or permanent employee.

(C) For the purpose of determining order of layoff, total cumulative time shall include time served on military leave of absence.

(D) The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classes which, in the opinion of the Personnel Officer require basically the same qualifications and duties and responsibilities of those of the class of positions from which layoff was made.

(E) Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served in probationary and permanent status and shall remain on the lists for a period of one year unless re-employed sooner.

(`61 Code, § 2.89) (Ord. 466, passed 12-20-1966)

(`61 Code, § 2.90) (Ord. 466, passed 12-20-1966; Am. Ord. 934, passed 6-18-2002)

No person covered by this agreement shall be discriminated against because of age, race, sex, color, ancestry, national origin or religious creed, physical disability (including HIV and AIDS), medical condition (cancer), marital status, denial of family and medical care leave and denial of pregnancy disability leave.

(`61 Code, § 2.91) (Ord. 466, passed 12-20-1966; Am. Ord. 934, passed 6-18-2002)

(A) 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.

(B) The City Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this article:

(1) The preparation of personnel rules and subsequent revisions thereof and amendments thereto;

(2) The preparation of a position classification plan and subsequent revisions thereof and amendments thereto;

(3) The preparation of a plan of compensation and subsequent revisions thereof and amendments thereto;

(4) The preparation, conduct and grading of competitive tests; and

(5) Special and technical services of advisory or informational character on matters relating to personnel administration.

(`61 Code, § 2.92) (Ord. 466, passed 12-20-1966)

To avoid conflicts of interest, in addition to laws of the state relative thereto, members of any commission of the city shall not be eligible for employment by the city in any department over which the commission has either advisory, legislative, executive or quasi-judicial authority. Employment, as used herein, shall mean either full- or part-time work for which the employee is paid from the city funds.

(`61 Code, § 2.93) (Ord. 715, passed 3-15-1983)