San Bruno Municipal Code Ch. 2.36 Personnel System

The personnel system set out in this chapter is adopted 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 process; and to provide a reasonable degree of security for qualified employees.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

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

1. Elective officers; provided, that, in the event the people of the city shall, at a general municipal election or special election held for that purpose, elect to change the status of any one or more elective officers of the city to that of appointive officers, then at the expiration of the term of office of any such officer, the person holding the office at the time of the expiration of such term, providing that the elective officer shall have served in such position for a period of at least six months continuously immediately prior to the expiration of such term of office, shall assume regular status in the competitive service without preliminary examination or working tests and shall thereafter be subject in all respects to the provisions of this chapter;

2. Positions on appointive boards, commissions and committees;

3. All employees whose compensation is not paid by the city;

4. Temporary employees, seasonal employees, provisional employees and others that are not regular city employees (e.g., nonpermanent part-time workers);

5. The city manager; and

6. All employees in the unrepresented group.

B. Offices, positions and employments not exempted by subsection A of this section, shall constitute the competitive service of the city.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021; Ord. 1952, 7/23/2024)

The city council shall have the following powers and duties:

A. Authorize the personnel officer to approve the personnel system rules and regulations and all amendments thereto. Request that the city manager or personnel officer research and prepare amendments and revisions to such rules as deemed appropriate and necessary.

B. Approve compensation and pay plan, budget staffing plan, and all amendments thereto.

C. Recognize and approve any and all agreements with those recognized bargaining units representing city employees.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

There is established the position of personnel officer, who shall be the city manager. The personnel officer may delegate the powers and duties vested in him or her to subordinate employees.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

The powers and duties of the personnel officer shall be to administer all the provisions of this chapter and of the personnel system rules and regulations not specifically reserved to the city council.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021; Ord. 1952, 7/23/2024)

In addition to those powers and duties that may be assigned by virtue of his or her role as personnel officer, the city manager shall:

A. Appoint or remove all employees subject to the provisions of the personnel system rules and regulations, and agreements between the city and its officially recognized bargaining units representing employee groups, except those employees appointed and removed by the city council. The city manager may delegate this appointing authority to the assistant city manager or other such appointed department heads as the city manager sees fit;

B. Negotiate agreements between the city and its officially recognized bargaining units representing employee groups; and

C. Serve as the "Municipal Employee Relations Officer" as set forth in the City of San Bruno Employer-Employee Relations Resolution No. 1970-20, subsequently amended by Resolution No. 1971-10, and as amended from time to time by the city council.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

The city council may contract with any qualified person or agency for the establishment or operation of the personnel system. The contract may include delegation to the person or agency so retained of all or a part of the responsibilities and duties imposed in this chapter, but shall not include the delegation of powers and duties vested in the city council, city manager, personnel officer or personnel office.

(Ord. 1630 § 2, 2000; Ord. 1804 § 1, 2012; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

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

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

Personnel system rules and regulations, prepared by the personnel officer, shall be adopted and may be amended from time to time. 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 and the acceptance of applications for employment;

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

E. Certification of persons from employment lists;

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 layoff, 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 provision for orderly and equitable presentations to the city council by employees relating to general conditions of employment;

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

L. Such other matters as deemed appropriate by the personnel officer and the city council.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

A. Appointments and promotions to vacant positions in the competitive service shall be made in accordance with the personnel system rules and regulations and shall be based on merit and fitness to be ascertained so far as practicable by competitive process.

B. Examinations shall be used and conducted to aid in the selection of qualified employees. Examinations shall 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 ability tests may be, and medical examinations may be, given as part of any examination based on position applied for.

C. In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor.

D. Appointments shall be made by the officer in whom the power to make appointments is vested by law.

E. When appointment is to be made to a vacancy in the competitive service it shall be made from the persons on the eligibility listing in accordance with the personnel system rules and regulations.

F. All regular appointments, including promotional appointments, shall be for a probationary period in accordance with the personnel system rules and regulations.

G. During the probationary period, an employee may be rejected at any time by the city manager without cause, hearing or the right of appeal, except as otherwise provided in the personnel system rules and regulations or applicable memorandum of understanding.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

A. In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by provisional appointment.

B. No special credit shall be 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.

C. 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 city manager subject to the provisions of this chapter and the personnel rules and regulations.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age in any matter prohibited by law.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)

A. Except as otherwise provided by the laws of California, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of the city.

B. As provided by Section 3207 of the California Government Code, the city council may prohibit and does prohibit the following:

1. Officers and employees engaging in political activity during working hours; and

2. Political activities on the premises of the local agency.

C. The city manager may promulgate administrative rules and regulations to carry out the intent of this section and general law related to political activity of municipal officers and employees and reflecting the city's interest in promoting an unbiased election process.

D. Appeal from the application of such administrative rules and regulations shall be in accordance with the personnel system rules and regulations, provisions set forth in the city's memoranda of understanding with its employee collective bargaining groups or where the latter agreements are not applicable, then directly to the city council.

E. Violation of this section shall not constitute an infraction or a misdemeanor. Violation of this section shall be punishable in a manner set forth in administrative rules and regulations promulgated by the city manager, personnel rules and regulations or in an applicable memorandum of understanding.

(Ord. 1630 § 2, 2000; Ord. 1874 § 3, 2019; Ord. 1899 § 3, 2021)