Santa Paula Municipal Code Ch. 33 Personnel System

Section

Statutory reference:

Personnel system, see Cal. Gov't Code §§ 45000 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 set forth in this chapter is adopted.

('81 Code, § 2.44.010)

(A) The City Manager shall be the Personnel Officer. With the approval of the Council, the City Manager may delegate any of the powers and duties conferred upon him 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 provided in this chapter.

(B) The City Manager shall:

(1) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council;

(2) Prepare and recommend to the Council revisions and amendments to the personnel rules; the City Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council;

(3) Prepare and maintain a position classification plan, including class specifications; the plan shall become effective upon approval by the Council;

(4) Prepare and maintain a plan of compensation covering all classifications in the competitive service; the plan, and any revisions thereof, shall become effective upon approval by the Council;

(5) Publish or post notices of examinations for positions in the competitive service; receive applications therefor; conduct and score examinations and prepare a list of all persons eligible for appointment in the appropriate class in the competitive service.

('81 Code, § 2.44.020)

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

(A) Elective officers;

(B) Members of appointive boards, commissions and committees;

(C) Persons engaged under contract to supply expert, professional or technical services for a definite period of time;

(D) Volunteer personnel, such as volunteer firefighter;

(E) City Manager;

(F) City Attorney.

('81 Code, § 2.44.030)

(A) Personnel rules, prepared by the Personnel Officer subject to this chapter and to revision by the Council, shall be adopted and may be amended from time to time, by resolution of the Council.

(B) The rules shall establish specific procedures and regulations governing the following phases of the personnel system:

(1) 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;

(2) Preparation, revision and administra-tion of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

(3) Public announcement of all tests and the acceptance of applications for employment;

(4) Preparation and conduct of tests and the establishment and the use of resulting employment lists containing names of persons eligible for appoint-ment;

(5) Certification and appointment of persons from employment lists, and making of temporary and emergency appointments;

(6) Evaluation of employees during the probationary period;

(7) Transfer, promotion, demotion and reinstatement of employees in the competitive service;

(8) Separation of employees from the city service through layoff, suspension and dismissal;

(9) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employees morale, welfare and training;

(10) Suitable provision for orderly and equitable presentations to the City Manager and to the Council by employees relating to general conditions of employment;

(11) Content, maintenance and use of personnel records and forms.

('81 Code, § 2.44.040)

(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 as achieve-ment and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, 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.

(B) Appointments shall be made by the Council and the City Manager 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 shall transmit 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.

(C) 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 shall be established within six months for any permanent position filled by temporary appointment. The City Manager, with the approval of four-fifths of the Council, may extend the period for any provisional appointment to a temporary position for not more than 30 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 shall direct the City Clerk to record such action in the minutes of the meeting of the Council.

(D) 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.

(E) 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.

('81 Code, § 2.44.050)

(A) All regular appointments, including promotional appointments, shall be 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 employed police personnel, the minimum probationary period shall be not less than one year.

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

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

('81 Code, § 2.44.060)

(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 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.

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

('81 Code, § 2.44.070)

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

('81 Code, § 2.44.080)

The Council, the City Manager and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements and layoffs, and to suspend or dismiss employees shall retain such power, subject to the provision of this chapter and the personnel rules.

('81 Code, § 2.44.090)

(A) Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall not exceed a total of 30 calendar days in any fiscal year.

(B) A department head not having power of appointment may make disciplinary suspensions in accordance with the rules.

('81 Code, § 2.44.100)

(A) Any permanent employee in the competitive service who has been demoted, dismissed or reduced in pay may request a written statement of the reasons for such action within three working days following the action. Within 10 days after the action taken to demote, dismiss or reduce the pay of the employee, he may file a written request with the Personnel Officer requesting a hearing in executive session with the City Council. The City Council shall then investigate the case and conduct the hearing as provided in this chapter and by the city's personnel system rules and regulations.

(B) The provisions of this section shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages.

('81 Code, § 2.44.110)

(A) When the City Council finds it necessary in the interest of economy or because the necessity for the position or employment no longer exists, the Council may, after consultation with the affected bargaining units, abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment.

(B) The City Manager or designee is authorized to promulgate administrative policies and procedures to implement this section.

('81 Code, § 2.44.120) (Am. Ord. 1221, passed 4-19-10)

(A) Soliciting political funds. An officer or an employee of the city shall not, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the city or from persons on the employment lists of the city, except as otherwise provided in Cal. Gov't Code § 3205.

('81 Code, § 2.44.130)

(B) Activities not prohibited; violation grounds for dismissal.

(1) 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) Attendance at a political meeting;

(c) Enjoying entire freedom from all interference in casting his vote;

(d) Seeking or accepting election or appointment to public office while on leave of absence;

(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 he is dressed in the uniform required in any department of the city government.

(2) The violation of any provision of division (A) of this section is ground for discharge of any officer or employee.

('81 Code, § 2.44.140)

(C) Improper activities; exemptions.

(1) Every person or employee of the city shall prohibit the entry into any place under his control, occupied and used for the governmental purposes of the city, of any person, for the purpose of making or giving notice of any political assessment, subscription or contribution.

(2) No person shall enter or remain in any place described in subdivision (1) of this division for the purpose of making, demanding or giving notice of any political assessment, subscription or contribution.

(3) This division shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the city.

(4) No officer or employee of the city shall participate in political activities of any kind while in uniform.

(5) No one who holds, or who is seeking election or appointment to, any office or employment in the city shall, directly or indirectly, use, promise, threaten or attempt to use any office, authority or influence, whether actually possessed or merely anticipated, to confer upon or secure for any person, or to aid or obstruct any person in securing, or to prevent any person from securing any position, nomination, confirmation, promotion or change in composition or position within the city, upon consideration or condition that the vote or political influence or action of the person or another shall be given or used in behalf of, or withheld from, any candidate, officer or party, or upon any other corrupt condition or consideration.

(6) Notwithstanding any other provisions of this code, this division does not prevent an officer or employee of this city from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service or other working conditions of officers or employees of this city, so long as such activity is confined to off-duty or nonworking hours and is conducted somewhere other than in the governmental offices of this city.

('81 Code, § 2.44.150)

(A) The City Manager shall consider and make recommendations to the 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.

(B) 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:

(1) The preparation of personnel rules and subsequent revisions and amendments thereof;

(2) The preparation of a position classifica-tion plan, and subsequent revisions and amendments thereof;

(3) The preparation of a plan of compensa-tion, and subsequent revisions and amendments thereof;

(4) The preparation, conduct and grading of competitive tests;

(5) Special and technical services of advisory or informational character on matters relating to personnel administration.

('81 Code, § 2.44.160)

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

('81 Code, § 2.44.170)