Article 2-40

PERSONNEL SYSTEM

Sections:

This Article is adopted to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise:

(a) Appointing authority means the officers or officials of the City who, individually or collectively, have the final authority to make the appointment to the position to be filled.

(b) Class means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application of common standards of selection, transfer, salary and discipline.

(c) Competitive service means all positions of employment in the service of the City, except those excluded under Section 2-40.040 of this Article.

(d) Demotion means the movement of an employee from one class to another class having a lower maximum base rate of pay.

(e) Lay-off means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes.

(f) Personnel director means the employee with primary responsibility for human resources functions.

(g) Position means a group of duties and responsibilities in the competitive service requiring the fulltime or part-time employment of one person.

(h) Probationary period means a period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position.

(i) Promotion means the movement of an employee from one class to another class having a higher maximum base rate of pay.

(j) Regular employee means an employee in the competitive service who has successfully completed the probationary period and has been retained as a permanent employee.

(k) Reinstatement means the restoration without examination of a former regular employee.

(l) Suspension means the temporary separation from service of an employee without pay for disciplinary purposes.

(m) Transfer means a change of an employee from one position to another position in the same class or in a comparable class.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

The City Manager shall administer the City personnel system and may delegate any of the powers and duties to a personnel director or may delegate to a department director the authority to sign offer letters of employment to temporary, non-benefited employees in coordination with the personnel director or may recommend that some or all such powers and duties be performed under contract as provided in Section 2-40.130 of this Article. The City Manager shall:

(a) Act as the appointing authority for the City.

(b) Administer all the provisions of this Article and of the personnel rules not specifically reserved to the City Council.

(c) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules.

(d) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan.

(Saratoga Supp. No. 57, 1-26)

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(e) Have the authority to discipline employees in accordance with this Article and the personnel rules of the City.

(f) Provide for the announcement and recruiting for positions in the competitive service; the receiving of applications therefor; the conducting of tests; the certification of persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

This Article shall apply to all offices, positions and employments in the service of the City, except that nothing in this Article regarding disciplinary rights and disciplinary processes apply to those who serve in an at-will capacity, at the pleasure of the City Council, or by contract. Nothing in this Article or the Saratoga City Code gives the right to continued employment to those who serve at-will, or at the pleasure of the City Council, or by contract.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

Personnel rules shall be adopted by resolution of the City Council and used in the administration and interpretation of the Saratoga City Code. The rules may establish regulations governing the personnel system, including, but not limited to, the following:

(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) Appropriate announcement of the selection process and acceptance of applications for employment.

(c) Preparation and conduct of tests in the recruitment process.

(d) Certification and appointment of persons for employment.

(e) Establishment of probationary periods.

(f) Evaluation of employees during the probationary period and thereafter.

(g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay-off of employees in the competitive service.

(h) Separation of employees from the City service.

(i) The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements.

(j) The establishment of any necessary appeal procedures.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

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 examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination. In any examination, the City Manager or designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

Prior to the completion of the new hire probation period (twelve months), management shall decide whether or not to recommend continued employment. If the decision is to discontinue employment, the incumbent shall be separated. If a decision is made to continue employment, a Personnel Action Form shall be prepared by the Human Resources Division for the hiring section's authorization changing the incumbent from probationary status to regular status. During the probationary period, the employee may be rejected and employment terminated at any time without the right of appeal, hearing or any grievance procedure. (Ord. No. 316, § 1(Exh. 1), 6-18-2014)

Any person holding a position included in the competitive service who, on the effective date of this

(Saratoga Supp. No. 57, 1-26)

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Article, 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 Article and the personnel rules. 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.

or operation of the personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this Article:

(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, conduct and grading of competitive tests.

(d) The conduct of employee training programs.

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

The City Manager or any appointing authority shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel rules.

(Ord. No. 316, § 1(Exh. 1), 6-18-2014)

(a) Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this Article or the personnel rules.

(b) All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this Article.

Lay-off actions shall follow the process outlined in the personnel rules adopted pursuant to this Article.

The political activities of City employees shall conform to pertinent provisions of State law and any provision adopted by the City pursuant to State law.

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

(Saratoga Supp. No. 57, 1-26)

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