San Clemente Municipal Code Ch. 2.48 Human Resources System

In order to establish an equitable and uniform procedure for dealing with human resources 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 new human resources system is adopted.

(Prior code § 3-20)

The City Manager shall be the Human Resources/Risk Manager. The City Manager may delegate any of the powers and duties conferred upon him or her as Human Resources/Risk Manager 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 2.48.160 of this chapter. The Human Resources/Risk Manager shall:

A. Attend all meetings of the Human Resources Board and serve as its secretary;

B. Administer all the provisions of this chapter and of the human resources rules not specifically reserved to the City Council or the Human Resources Board;

C. Prepare and recommend to the City Council human resources rules and revisions and amendments to such rules. The City Attorney shall approve the legality of such rules and amendments prior to their submission to the City Council;

D. Prepare or cause to be prepared a position classification plan including class specifications and revisions of the plan. The plan shall become effective upon approval by the City Council. Revisions of individual class specifications may be approved by the City Manager providing that the City Manager be required to adhere to all federal, state and local legislation regarding the setting of employment standards and requirements, and may not approve the addition of new classes or the assignment of new compensation levels to existing classes;

E. Prepare or cause to be prepared 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;

F. Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting of interviews; 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.

(Prior code § 3-21)

A. .....There may be created a Human Resources Board to consist of five (5) members, to be appointed by the council; otherwise, the City Council shall act as the Human Resources Board.

B. .....Should the City Council initiate and establish such a board, the first board to be appointed shall, at its first meeting, so classify its members by lot that one (1) shall serve until the following June thirtieth; one (1) shall serve until the second following June thirtieth; one (1) shall serve until the third following June thirtieth; and two (2) shall serve until the fourth June thirtieth following their appointment. At the expiration of each of the terms so provided for, a successor shall be appointed by the City Council for a term of four (4) years. The Human Resources Board shall adopt rules of procedure and shall select a chairman from amongst its members who shall act as presiding officer.

C. .....Vacancies on the board shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until a successor is appointed and qualified. A majority vote of the City Council shall be required to appoint a member of the Human Resources Board, but a four-fifths (⅘) vote shall be necessary to remove any member of the Human Resources Board from office prior to the expiration of his or her term.

D. .....Members of the Human Resources Board shall be residents and registered voters of this City.

(Prior code § 3-22)

A. .....The Human Resources Board shall determine the order of business for the conduct of its meetings, and may meet regularly or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the transaction of business.

B. .....The Human Resources Board, if such is appointed, upon its own motion or when requested by the City Council or the City Manager shall investigate and make recommendations on any matter of human resources policy.

(Prior code § 3-23)

The provisions of this chapter shall apply to persons holding positions in the competitive service of the City. The competitive service includes all offices, positions and employments in the service of the City except the following exempt persons and classes:

A. The City Manager and his or her assistant;

B. Elective officers; provided, however, that this chapter and the human resources rules shall apply to any salaried position which is assigned as a supplemental duty to an elected position and which when combined with the elected position requires full-time service;

C. Members of appointed boards, commissions and committees;

D. All department heads and their assistants or division heads;

E. The persons engaged under retainer or contract to supply expert, professional, technical or other services;

F. Volunteer human resources, such as volunteer firemen;

G. The City Attorney and anyone employed by the City Attorney;

H. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property;

I. Part-time employees, other than those listed elsewhere in this section;

J. Probationary employees.

(Prior code § 3-24)

Human resources rules shall be adopted by resolution of the City Council after notice of such action has been publicly posted at least five (5) days prior to City Council consideration. The rules shall establish regulations governing the human resources system including but not limited to:

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 positions to be filled and of all tests and 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 emergency appointments;

F. Evaluation of employees during the probationary period;

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

H. Separation of employees from the City service;

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

J. The establishment of adequate human resources records;

K. The establishment of grievance and appeal procedures;

L. Amendments to the rules shall be submitted through the human resources/risk manager for adoption by the City Council. Advance notice shall be given to recognized employee organizations on any amendments which affect wages, hours, and other terms and conditions of employment. Upon request, the City shall provide the opportunity to meet with any employee organization so requesting regarding amendments affecting wages, hours and other terms and conditions of employment, as specified in the City's employer/employee relations resolution. As provided in Section 3500, et seq., of the Government Code, in cases of emergency, when the City Council determines that amendment(s) to these rules must be adopted immediately without prior notice or meeting with a recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of the amendment(s). Amendments shall become effective upon adoption by the City Council, unless otherwise specified.

(Prior code § 3-25)

A. .....Appointments to vacant positions in the competitive service shall be made in accordance with the human resources rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. To aid in the selection of qualified employees, examination shall consist of selection techniques which will test fairly the qualifications of candidates and shall be either personal interview and investigation, achievement and aptitude tests, written tests, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a part of any examination.

B. .....In any examination the Human Resources/Risk Manager 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 Council, the City Manager or by the officer in whom the power to make appointments is vested.

D. .....When appointment is to be made to a vacancy in the competitive service, the Human Resources/Risk Manager shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.

E. .....In the absence of appropriate employment lists, appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position and who has successfully qualified in an oral examination. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the human resources rules.

(Prior code § 3-26)

A. .....All original and promotional appointments shall be tentative and subject to a probationary period. The probationary period for classifications considered "Peace Officers" as defined in Section 50920 of the Government Code shall be eighteen (18) months; the probation period for all other employees shall be twelve (12) months. Permanent employees, other than sworn police or fire human resources, who are appointed to another position by means of promotion or transfer shall have a probationary period in the new position of six (6) 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 chapter and the human resources rules.

(Prior code § 3-27)

A. .....Any person holding a position included in the competitive service who, on the effective date of 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 for his or her 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 human resources rules.

B. .....Any other person 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 rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(Prior code § 3-28)

A. .....Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for thirty (30) calendar days or less, any employee in the competitive service. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three (3) working days of the action taken. Such 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 positions.

(Prior code § 3-29)

A. .....Any employee in the competitive service shall have the right to appeal any disciplinary action, interpretation or alleged violation of this chapter or the rules adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.

B. .....All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the human resources rules and regulations adopted pursuant to this chapter.

(Prior code § 3-30)

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 such cases.

B. .....The names of probationary and permanent employees laid off shall be placed upon reemployment lists for classes which, in the opinion of the Human Resources/Risk Manager require basically the same qualifications and duties and responsibility of those of the class of positions from which layoff was made.

(Prior code § 3-31)

The political activities of City employees shall conform to pertinent provisions of state law.

(Prior code § 3-32)

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, color, ancestry, national origin or religious belief.

(Prior code § 3-33)

Minimum or maximum age limits for any examination shall not be established and age shall not be a minimum qualification for any City employment in the competitive service and any person possessing all of the minimum qualifications for a position is eligible to take any examination, regardless of age, and the board, the Human Resources/Risk Manager or any appointing power shall not adopt any rule prohibiting the employment of any person otherwise qualified in any City employment solely because of age; except, that the provisions of this section shall not apply to the employment of police and fire personnel and shall not prevent the legislative body from fixing minimum or maximum age limits for the employment of police and fire personnel; and except, that this section does not require the employment of any person in a particular City employment if he or she has attained the retirement age for that particular employment prescribed by any City employees retirement system.

(Prior code § 3-34)

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.

(Prior code § 3-35)