San Anselmo Municipal Code Ch. 3 Personnel System

Pursuant to the authority granted by Sections 45000 et seq. of the Government Code of the State, a personnel system hereby is adopted.

(Ord. 743, eff. July 13, 1978)

It is the intent of this chapter to insure that:

(a) Town employment is based on merit, free of personal or political considerations, and untainted by discrimination based on race, creed, color, national origin, sex, marital status, age, political opinion, permitted political activity, any physical condition unrelated to job performance, or any educational prerequisite or testing or evaluation method unrelated to job performance;

(b) Within a reasonable time, ethnic minorities and females are employed at all responsibility levels in approximate proportion to their presence in the labor market; and

(c) All Town employees consistently provide service of high quality and efficiency to the residents of the Town; receiving salaries, hours, fringe benefits, and working conditions as set from time to time by collective bargaining agreements; and, conversely, that no property right in Town employment shall be created, which right would inhibit the proper discipline or removal of an employee not serving in accordance with Town standards, any such discipline or removal to follow procedural safeguards specified in the personnel rules and regulations adopted under Section 2-3.04 of this chapter.

(Ord. 743, eff. July 13, 1978)

The provisions of this chapter shall apply to all applicants for and employees in all Town positions, whether part-time or full-time, except for elective officers, the Town Administrator, the Town Attorney, the appointive department heads, and temporary, emergency, and seasonal employees.

(Ord. 743, eff. July 13, 1978)

The Council, by resolution, shall adopt and may amend from time to time, after consideration with employee organizations recognized pursuant to Resolution No. 1561:

(a) Personnel rules and regulations consistent with the intent of this chapter; and

(b) An affirmative action plan consistent with the intent of this chapter and complementary to the personnel rules and regulations.

(Ord. 743, eff. July 13, 1978)

(a) Appointments. A Board of Review is constituted consisting of five (5) members appointed by a majority vote of the whole Council for staggered terms of six (6) years. All members shall be residents of the Town and have a reputation for impartiality. No member may be a Town employee or associated with an organization representing the Town employees. One member shall have been nominated by an organization or organizations representing the Town employees. A vacancy on the Board shall be filled by appointment by the Council for the unexpired term. Each member of the Board shall serve until his successor is appointed and qualified. A four-fifths (4/5) vote of the Council shall be required to remove any member of the Board prior to the expiration of his term.

(b) Alternate member. (Repealed by Ord. 762, eff. August 9, 1979)

(c) Functions. The Board of Review shall:

(1) Hear and decide appeals from disciplinary actions under Section 2-3.07 of this chapter;

(2) Hear and decide grievances pursuant to the procedure established by Resolution No. 1650; and

(3) Hear and advise on citizen complaints against employees pursuant to the personnel rules and regulations adopted pursuant to Section 2-3.04 of this chapter.

(d) Subpoena powers: Oaths: Counsel: Right of discovery.

(1) In any hearing, the Board of Review shall have the power to examine witnesses under oath and compel attendance or the production of evidence by subpoenas issued in the name of the Town and attested by the Town Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such subpoena shall subject such person to prosecution in the same manner set forth by law for failure to appear before the Council in response to a subpoena issued by the Council.

(2) Each member of the Board shall have the power to administer oaths to witnesses.

(3) At any stage of any disciplinary, grievance, or citizen complaint action under this chapter, each party may be represented by a representative of his choice, and each party shall have the right to obtain the names of witnesses to be called and to examine relevant documents to be submitted by the other party.

(e) Hearings. All hearings of the Board of Review shall be closed, unless the appellant, grievant, or person charged requests an open hearing.

(Ord. 743, eff. July 13, 1978, as amended by Ord. 762, eff. August 9, 1979, and Ord. 776, eff. December 13, 1979)

All appointments to the positions specified in Section 2-3.03 of this chapter shall be made by the appropriate department head in accordance with the personnel rules and regulations adopted pursuant to Section 2-3.04 of this chapter.

(Ord. 743, eff. July 13, 1978)

(a) Definition. For the purposes of this section, a disciplinary action is a dismissal, demotion, reduction in compensation, or suspension without pay. In the case of a sworn police officer, a disciplinary action also is a suspension with pay, a transfer for punitive reasons, or a written reprimand.

(b) Authority. A department head may take a disciplinary action provided the procedural and appeal requirements are followed as set forth in the personnel rules and regulations adopted pursuant to Section 2-3.04 of this chapter.

(Ord. 743, eff. July 13, 1978)

Whenever, in the judgment of the Council, it becomes necessary in the interests of economy or because the need for the position no longer exists, the Council may abolish any position and lay off the employee holding such position provided five (5) days' notice of such intended action has been given to the employee organization representing the bargaining unit covering the position, and further provided the layoff procedures and seniority rules of the applicable collective bargaining agreement are followed. Should such position or any position involving similar duties be reinstated within three (3) years, the employee laid off shall have preference for appointment thereto.

(Ord. 743, eff. July 13, 1978)

The Town Administrator is designated as the Personnel Officer and as the Affirmative Action Officer and shall be responsible for carrying out the provisions of this chapter, other than for the specific functions enumerated as to the Board of Review and department heads.

(Ord. 743, eff. July 13, 1978)