Rialto Municipal Code Ch. 2.50 Personnel System

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For statutory provisions authorizing a merit system for municipal employees, see Gov. Code § 45001 et seq.; for the provisions regarding the political activities of public employees, see Gov. Code § 3201 et seq.

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 a reasonable degree of security for qualified employees; the personnel system as set forth in this chapter is adopted. (1965 code Title II, Ch. 3, § 1)

The council appropriates such funds as are necessary to carry out the provisions of this chapter.

(1965 code Title II, Ch. 3 § 2)

The city administrator is the personnel officer. With the approval of the council, the city administrator may delegate any of the powers and duties conferred upon him/her 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 hereinafter provided in this chapter.

(1965 code Title II, Ch. 3 § 3)

The city administrator considers and makes 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 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.

(1965 code Title II, Ch. 3, § 4)

The personnel officer:

A. Attends all meeting of the personnel advisory board and serves as its secretary;

B. Administers all the provisions of this chapter and of the personnel rules not specifically reserved to the council;

C. Prepares and recommends to the council revisions and amendments to the personnel rules. The city attorney approves the legality of such revisions and amendments prior to their submission to the council;

D. Prepares a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, become effective upon approval by the council;

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

F. Publishes or posts notices of examination for positions in the competitive service, receives applications therefor, conducts and scores examinations and certifies to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service.

(1965 code Title II, Ch. 3 § 5)

The provisions of this chapter apply to all offices, positions, and employers in the service of the city, except for those listed in Resolution 7766 as adopted by the city council on August 10, 2021, and as may be modified by subsequent resolutions adopted by the city council pertaining to modifications to the list of offices, positions, and employers in the service of the city that are exempt from the competitive service.

City employees not included in the competitive service shall serve at the will and pleasure of their appointing authority and may be terminated from employment at any time without cause and without right of appeal or hearing, except where such right is expressly provided by law.

(Ord. 1278, 1998; Ord. 1272, 1998; Ord. 1194 § 1, 1993: Ord. 1193 § 1, 1993: Ord. 729 § 1 (part), 1977: 1965 code Title II, Ch. 3, § 6)

(Ord. No. 1439, § 1, 2-24-09; Ord. No. 1591, § 2, 7-25-17; Ord. No. 1569, § 1, 7-26-16; Ord. No. 1612, § 2, 1-22-19; Ord. No. 1660, § 2, 9-14-21)

Personnel rules, prepared by the personnel officer, subject to this chapter and to revision by the council, are adopted, and may be amended from time to time, by resolution of the council. The rules 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 and the acceptance of applications for employment;

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

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

F. Evaluation of employees during the probationary period;

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

H. Separation of employees from the city service through lay-off, suspension, and dismissal;

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

J. Suitable provisions for orderly and equitable presentation to the city administrator and to the city council by employees relating to general conditions of employment;

K. Content, maintenance, and use of personnel records and forms.

(1965 code Title II, Ch. 3, § 7)

Appointments to vacant positions in the competitive service are made in accordance with the personnel rules. Appointments and promotions are based on merit and fitness ascertained so far as practicable by competitive examinations. Examinations are used and conducted to aid in the selection of qualified employees, and consist of such recognized selection techniques as achievement and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work samples, or any combination of these, which will, in the opinion of the personnel officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination.

Appointments are made by the council and by the city administrator in whom the power to make appointments is vested by law.

When appointment is to be made to a vacancy in the competitive service, the personnel officer transmits to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list.

In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list is established within six months for any permanent position filled by temporary appointment. The city administrator with the approval of four-fifths of the city council may extend the period for any provisional appointment to a temporary position for not more than thirty days, by any one action. When a position is to be filled by provisional appointment, or a provisional appointment is to be extended, the council directs the city clerk to record such action in the minutes of the meeting of the council.

No special credit is allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a provisional appointment.

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 provision of this chapter and the personnel rules. (1965 code Title II, Ch. 3, § 8)

All regular appointments, including promotional appointments, are for a probationary period of not less than six months, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six months. With respect to newly appointed police and fire personnel the minimum probationary period is not less than one year. Appointments of part time and state or federally subsidized personnel are not considered regular appointments and therefore are not considered as probationary employees.

An employee rejected during the probationary period from a position to which he/she has been promoted is reinstated to the position from which he/she was promoted, unless he/she is dismissed from the city service as provided in this chapter and the rules.

An employee in the competitive service promoted or transferred to a position not included in the competitive service is reinstated to the position from which he/she was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him, unless he/she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.

(Ord. 1234 (part), 1995: Ord. 729 § 1 (part), 1977; 1965 code Title II, Ch. 3, § 10)

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

(1965 code Title II, Ch. 3, § 11)

The city council, the city administrator, and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, retains such power, subject to the provisions of this chapter and the personnel rules.

(1965 code Title II, Ch. 3, § 12)

The retirement of employees is provided for by contract with the Board of Administration of the State Employees Retirement System.

(1965 code Title II, Ch. 3, § 13)

Any person holding a position or employment in the competitive service is subject to disciplinary suspension without pay by the appointing power and without right of appeal, but such suspension shall not exceed a total of thirty calendar days in any fiscal year. A department head not having power of appointment may make disciplinary suspensions in accordance with the rules.

(1965 code Title II, Ch. 3, § 14)

Any permanent employee in the competitive service who has been demoted, dismissed, or reduced in pay, is entitled to request a written statement of the reasons for such action. Such a request must be made within three working days following the action, and he/she has three additional working days within which to answer the charges in writing. In the event the employee requests the statement and prepares his/her written answer, copies of both shall be filed with the personnel officer, who transmits them to the personnel advisory board. Within ten days from the date of filing his/her answer to the written charges, or in the event such written charges have not been made available to him/her within the time prescribed, then within ten days after the action taken to demote, dismiss, or reduce the pay of the employee, he/she may file a written demand with the personnel officer requesting an investigation by the personnel advisory board. The personnel advisory board then investigates the case and, when circumstances require, conducts a hearing as provided in this chapter and by the rules.

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.

(Ord. 1234 (part), 1995: 1965 code Title II, Ch. 3, § 15)

Any employee in the competitive service has the right of appeal in writing to the personnel advisory board relative to any disciplinary action, dismissal, demotion, or alleged violation of this chapter or the personnel rules; except in instances where the right of appeal is prohibited by this chapter, thereupon, the board makes such investigation as it may deem necessary and within twenty days after the request for hearing was filed, the board holds a hearing. The hearing may be informally conducted and the technical rules of evidence need not apply.

Within ten days after concluding the hearing, the personnel advisory board certifies its findings and recommendations to the city council, the city administrator, to any other official from whose action the appeal was taken, and to the employee affected. The city council reviews the findings and recommendations of the personnel advisory board and may then affirm, revoke, or modify the action taken, as in its judgment seems warranted, and the action taken is final.

(Ord. 1234 (part), 1995: 1965 code Title II, Ch. 3, § 16)

Whenever in the judgment of the city council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the council may abolish any position or employment in the competitive service and lay-off, demote or transfer any employee holding such position or employment without filing written charges and without the right of appeal.

Seniority is observed in effecting such reduction in personnel and the order of lay-off is in the reverse order of total cumulative time served in the city service upon the effective date of the lay-off. Lay-off is made within classes of positions, and all provisional employees in the affected class or classes are laid off prior to the lay-off of any probationary or permanent employee.

For the purpose of determining order of lay-off, total cumulative time includes time served on military leave of absence.

The names of probationary and permanent employees laid off are 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 lay-off was made.

Names of persons laid off are placed upon re-employment lists in order of their competency, and remain on such lists for a period of two years unless re-employed sooner. For reemployment purposes, competency of a person laid off is determined by the head of his/her department and his/her previous work record.

(Ord. 1234 (part), 1995: 1965 code Title II, Ch. 3 § 17)

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 or because of race, creed, national origin, ethnic heritage, sex, age, disability or religious belief.

(Ord. 1234 (part), 1995: 1965 code Title II, Ch. 3, § 20)

No officer, agent, clerk, or employee, under the government of the city, and no candidate for any city office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this chapter.

No officer or employee in the competitive service shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, for any purpose affecting his/her working conditions, from any person other than an officer or employee in the competitive service.

(Ord. 1234 (part), 1995: 1965 code Title II, Ch. 3, § 21)

A. No person convicted (including pleas of guilty and nolo contendere) of a felony or a misdemeanor involving moral turpitude shall be eligible for employment by any department of the city; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction.

B. The city administrator is authorized to have access to the "State Summary Criminal History Information" as provided for in Section 11105 of the Penal Code of the State of California when it is required to assist such individual to fulfill employment responsibilities set forth in this section.

(Ord. 712 § 1, 1977)

A. The city council is vested with the power to grant leaves of absence to employees of the city, and to prescribe the terms thereof.

B. When a Rialto city employee who has been granted a leave of absence is covered by a group insurance policy covering health, accident, dental or similar coverage obtained through the city, such employee may elect to keep such insurance in force by paying the full amount of the premium thereon, including both the portion regularly paid by the employee and the part which, during the regular course of the employee's employment, would be paid by the city.

(Ord. 744, 1978)

No person, corporation, partnership or other firm shall enter any contract with the City of Rialto ("city") or the Redevelopment Agency of the City of Rialto ("agency"), if such person is a former officer or employee of the city or agency, or if such corporation, partnership or other firm employs any person who was a former officer or employee of the city or agency, provided such employment or office was held within the last one year prior to the execution of the contract, unless the fact of such prior employment with the city is disclosed in writing to the purchasing officer, the city employees or officers with whom the person, corporation, partnership or other firm is communicating regarding the contract, and the city administrator. In the event of any such disclosure, the disclosure shall include an indication of whether the person performed any work while in the employ of the city or agency or while serving as an officer of the city or agency, directly or indirectly relating to the contract to be executed. Except as otherwise provided by state or federal law, in the event that the city or agency determines that any former employee or officer participated in the making of the contract in question in any manner, directly or indirectly, the city or agency reserves the right to not enter such contract. Except as otherwise provided by state or federal law, any contract entered by the city or agency without the disclosure required by this section shall, notwithstanding any provision to the contrary in such contract, be immediately voidable at any time prior to the expiration of its term by written notice from the city or agency, as applicable.