Redlands Municipal Code Ch. 2.56 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 as determined by competitive test; and to provide reasonable security for quality employees, the personnel system set out in this chapter is adopted. (Ord. 2365 § 1, 1998)

The city manager shall be ex officio personnel director. With the approval of the city council, the city manager may delegate any of the powers and duties authorized 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 2.56.170 of this chapter. The city manager 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 revisions and amendments to the personnel rules. The city attorney shall review the legality of such revisions and amendments prior to their submission to the city council;

C. Prepare a position classification plan, including class specifications and revisions of the plan;

D. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan and any revisions thereof shall become effective upon approval by the city council;

E. Recommend to the city council any sound personnel practices consistent with the intent of this chapter;

F. Publish or post notices of examination for positions in the competitive service, receive applications therefor, conduct and score examinations and certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. (Ord. 2365 § 1, 1998)

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

A. City attorney;

B. City manager;

C. Assistant city manager;

D. Directors of city departments ("department heads");

E. Elective officers;

F. Members of appointive boards, commissions and committees;

G. Temporary, provisional or seasonal employees in any office or department of the city;

H. Part time employees in any office or department of the city;

I. Volunteers or per diem personnel;

J. Persons engaged under contract to supply expert professional or technical services for a definite period of time;

K. Officers and employees of the San Bernardino County department of public health and welfare engaged in the enforcement of public health regulations in the city;

L. Emergency employees in any office or department of the city. All such positions and employments shall be for the duration of the emergency and shall terminate immediately thereafter. (Ord. 2667 § 1, 2007: Ord. 2365 § 1, 1998)

Personnel rules pursuant to this chapter shall be adopted, and may be amended from time to time, by resolution of the city council. The rules shall establish specific procedures and regulations governing the following phases of the personnel system:

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. 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;

C. Public announcement of all tests for initial employment;

D. Acceptance of applications for beginning employment;

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

F. Certification and appointment of persons from employment lists, and the making of temporary, provisional and emergency appointments;

G. Evaluation of employees during the probationary period;

H. Transfer, promotion, demotion, and reinstatement of employees in the competitive service;

I. Separation of employees from city service through layoff, suspension and dismissal;

J. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;

K. Suitable provisions for orderly and equitable presentations to the city manager and to the city council by employees relating to general conditions of employment;

L. Content, maintenance, and the use of personnel records and forms. (Ord. 2365 § 1, 1998)

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 shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selection techniques including consideration of job related educational requirements, experience, aptitude tests and other written tests, personal interview, performance tests, evaluation of daily work performance, work sample, or any combination of these, which will, in the opinion of the personnel director, test fairly the qualifications of the candidates. Medical or psychological evaluation may be required as part of any examination, as well as periodically following appointment.

B. In any examination, the personnel director 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 pursuant to the authority established in chapter 2.04 of this title.

D. When appointment is to be made to a vacancy in the competitive service, the personnel director shall transmit to the city manager a list of names of persons who have successfully completed the examination process for a position in the competitive service. (This list is not public information.)

E. In the absence of appropriate eligibility lists, a provisional/temporary appointment of up to six (6) months in duration may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six (6) months for any regular position filled by provisional/temporary appointment for not more than thirty (30) days, by any one action. When a position is to be filled by provisional/temporary appointment or a provisional/temporary appointment is to be extended, the city council shall direct the city clerk to record such action in the minutes of the meeting of the city council.

F. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any employment or promotional lists for service rendered under a provisional appointment. However, a provisional/temporary appointee who is subsequently appointed to the position as a regular employee shall be entitled to credit for time served in the provisional status towards completion of his/her probationary period.

G. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules. (Ord. 2365 § 1, 1998)

All regular appointments, including demotions and promotional appointments, shall be subject to a probationary period of not less than six (6) months, except that the probationary period for safety employees (such as sworn police and fire personnel) and public safety dispatchers shall be not less than one year. As to any class of position, the rules may provide for an extension of the probationary period for not more than an additional six (6) months. During the probationary period, the employee may be rejected at any time without right of appeal or hearing. (Ord. 2365 § 1, 1998)

Any person holding a position included in the competitive service who, on the effective date of the initial 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 of 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.

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 personnel rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 2365 § 1, 1998)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full time positions otherwise exempt from the personnel rules. (Ord. 2365 § 1, 1998)

The city manager is vested with the power to appoint, make transfers, promotions, demotions, reductions in pay, reinstatements, layoffs, and to suspend or dismiss employees. Department heads are vested with the power to initiate disciplinary actions such as employee suspensions, demotions, dismissals and reductions in pay, subject to the procedures established in this chapter and the personnel rules. (Ord. 2365 § 1, 1998)

Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay, but such suspension shall not exceed a total of thirty (30) calendar days in any fiscal year. Except in emergencies or as authorized by law, suspensions of five (5) days or more, demotions, reductions in pay or discharge shall not be put into effect until the employee has received a written predisciplinary notice and an opportunity to respond as provided in the personnel rules.

If deemed necessary by the department head, the employee may be placed on administrative leave with pay pending investigation of any allegations which may lead to discipline. In the event that a suspension of five (5) days or more, demotion, reduction in pay or discharge is imposed, the employee may appeal such action in accordance with this chapter and the personnel rules. The provisions of this section shall not apply to layoffs or to reductions in pay which are a part of a general plan to reduce salaries and wages. (Ord. 2365 § 1, 1998)

Whenever, in the judgment of the city manager, it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the city manager shall recommend to the city council and the city council may abolish any position or employment in the competitive service and the city manager may lay off, demote or transfer an employee holding such position or employment without filing written charges and without the right of appeal. Should layoffs be necessary to meet the needs of the city, the city manager shall determine the order of layoffs in accordance with the personnel rules and/or applicable memorandum of understanding. (Ord. 2365 § 1, 1998)

Any person holding an office or employment in the competitive service shall not:

A. Engage in any activity which would be inconsistent, incompatible or conflict with public employment;

B. Solicit political funds or contributions from other officers or employees of the city;

C. Misuse the employees office, authority or influence;

D. Participate in political activities of any kind while in city uniform; or

E. Engage in political activities during working hours or on city premises. (Ord. 2365 § 1, 1998)

This chapter does not prevent any officer or employee from:

A. Becoming or continuing to be a member of a political club or organization;

B. Attending a political meeting;

C. Enjoying entire freedom from all interference in casting a vote;

D. Seeking or accepting election or appointment to public office;

E. Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service or other working conditions;

F. Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, if the activity is not carried on during hours of work, or when the employee is dressed in the uniform required in any department of the city government;

G. Soliciting or receiving political funds and contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement or other working conditions of officers or employees of the city, except that employees shall not conduct such activities during working hours or on city premises.

The violation of any provision of section 2.56.140 of this chapter and this section is grounds for discharge of any officer or employee. (Ord. 2365 § 1, 1998)

The city shall not unlawfully discriminate in matters affecting recruitment, hiring, promotion, discipline, compensation, assignments, benefits, training, layoff, and recall practices and any other matters affecting employment. It is the policy of the city to assure equal opportunity for all qualified employees and job applicants without regard to race, creed, color, sex, age, national origin, religion, disability, veterans' status, sexual orientation, pregnancy, childbirth or related condition. (Ord. 2365 § 1, 1998)

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 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 of a plan of compensation, and subsequent revisions and amendments thereof;

D. The preparation, conduct and grading of competitive tests;

E. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 2365 § 1, 1998)

The city council may appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord. 2365 § 1, 1998)

Violation of any provisions of this chapter by any person, firm or corporation shall constitute a misdemeanor violation. (Ord. 2365 § 1, 1998)