Suisun City Municipal Code Ch. 2.40 Personnel System

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

(Ord. 662 Exh. A (part), 2002)

As used in this chapter, the following terms shall be defined as indicated:

A. "Appointing power" means the officers of the city who, in individual capacities, or the city council, have the final authority to make the appointment to the position to be filled.

B. "City service" means all positions of employment in the service of the city except those specifically excluded by this chapter.

C. "Class" or "Classification" means a category into which is placed a position or group of positions with duties and responsibilities so similar that the same descriptive title, duties, recruitment standards and compensation can be applied with equity.

D. "Day" means calendar day except where the terms "workday" or "working day" are used.

E. "Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.

F. "Dismissal" or "Discharge" means termination from city employment for cause.

G. "Eligibility" or "Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions and as a result of suitable examination.

H. "Employee" means a person legally occupying a position in the city service as defined in the personnel system rules.

I. "Examination" means the process of testing, evaluating or investigating the fitness and qualifications of applicants and employees as defined in the personnel system rules.

J. "Grievance" means any dispute concerning the interpretation or application of these rules and regulations, or city policies governing personnel practices or working conditions, or the practical consequences of a city rights decision on wages, hours, or other terms and conditions of employment.

K. "Layoff' means the separation of regular employees from the city work force due to lack of work, lack of funds, elimination of positions or by the city council for the above reasons, due to organizational changes, or other non-disciplinary reasons.

L. "Pay range" means one or more specific pay rates having a percentage relationship to one another, assigned to a class of positions and constituting the compensation for that class.

M. "Pay rate" means a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an hourly rate, as shown in the pay plan of the city.

N. "Position" means a combination of current duties and responsibilities legally assigned to be performed by a single officer or employee and performed on either a full-or part time basis.

O. "Probationary period" means a working test period during which an employee is required to demonstrate fitness for the duties of the position to which he or she is appointed by actual performance of those duties.

P. "Provisional appointment" means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

Q. "Reinstatement" means the probationary appointment, without examination, of a former regular employee separated from city service in good standing not more than one year previously.

R. "Suspension" means an involuntary absence from duty without pay imposed for disciplinary purposes or pending investigation of charges made against an employee.

S. "Transfer" means the change of an employee from one position to another position. Transfers can take place within a department, between departments, between positions of the same pay range, between positions of the same class or between positions of different classes.

(Ord. 662 Exh. A (part), 2002)

The city manager shall be the personnel officer. 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 Section 2.40.170. The personnel officer shall:

A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;

B. Prepare and recommend to the city council personnel 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;

C. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The classification plan, and any revisions thereof, shall become effective upon approval by the city council;

D. Prepare or cause to be prepared a compensation plan and any revisions thereof, covering all classifications in the city service; the compensation plan and any revisions thereof shall become effective upon approval by the city council;

E. Provide for the publishing or posting of notices of tests for positions in the city service, the receiving of applications therefor, the conducting and grading of tests, the certifications to the appointing power of a list of all persons eligible for appointment to the appropriate position in the city service;

F. Hear appeals submitted by any person in the city service relative to any disciplinary action, recommendation for dismissal or demotion, charge of discrimination, or alleged violation of this chapter as provided in the personnel system rules.

(Ord. 662 Exh. A (part), 2002)

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

A. Elective offices;

B. Positions on appointive boards, commissions and committees;

C. Persons under contract to supply expert, professional, technical or any other services, including the city attorney and all positions within the city attorney's office;

D. Volunteer personnel who receive no regular compensation from the city;

E. 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;

F. Employees who are employed less than halftime, which is defined as employees who are expected to or do work less than one thousand forty hours in any one fiscal year;

G. Employees, other than those listed elsewhere in this section, who are not employed in regular positions.

H. Classes of employment for which the rules and regulations establish exemptions from a provision or provisions.

I. City manager, executive director of the redevelopment agency, other appointed officials, assistant city manager, and department heads.

J. The city council may authorize the city manager to apply any provision or provisions of the rules to any employee or position exempted from the rules by any subsection above.

(Ord. 662 Exh. A (part), 2002)

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council, and at least five days prior to city council consideration. The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation, or amendment thereof, proposed to be adopted by the city council. Amendment revisions may be suggested by an affected party and shall be processed as provided in the personnel rules.

(Ord. 662 Exh. A (part), 2002)

The personnel rules shall establish regulations governing the personnel system, including:

A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the city 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 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 provisional and emergency appointments;

F. Establishment of probationary periods;

G. Evaluation of employees during the probationary period;

H. Transfer, promotion, demotion, reinstatement, disciplinary action and lay-off of employees in the city service;

I. Separation of employees from the city service;

J. Establishment of adequate personnel records;

K. Establishment of appeal and grievance procedures concerning the interpretation or application of this chapter and any rules adopted under this chapter.

(Ord. 662 Exh. A (part), 2002)

A. Appointments to vacant positions in the city 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 in 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. However, no question on any test or any testing procedure shall be allowed which would discriminate against any person or groups of persons by the very nature of the testing. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.

B. In any examination the personnel officer 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 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 city service the personnel officer 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.

(Ord. 662 Exh. A (part), 2002)

In the absence of appropriate employment lists, a provisional appointment not to exceed six months may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing. 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 personnel rules.

(Ord. 662 Exh. A (part), 2002)

Any employee classified as a probationary employee shall be subject to the probationary period and terms defined in the personnel system rules.

(Ord. 662 Exh. A (part), 2002)

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

(Ord. 662 Exh. A (part), 2002)

A. The city manager or the officer in whom the appointing power is vested shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for up to thirty calendar days, any permanent employee in the city 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 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.

C. Volunteer, emergency, and part-time employees are "at-will" positions and may be terminated at any time with or without cause or notice and without any right of appeal, unless otherwise expressly designated by the city manager.

D. Disciplinary actions shall be in accordance with the requirements and procedures set forth in the personnel rules and regulations.

(Ord. 662 Exh. A (part), 2002)

A. Any regular employee in the city service has the right to appeal any disciplinary action, or alleged violation of this chapter except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted under this chapter.

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

(Ord. 662 Exh. A (part), 2002)

A. Whenever in the judgment of the city council it becomes necessary to reduce the workforce in the interest of economy, or because the necessity for a position no longer exists, the city council may abolish any position or employment in the city service, and the employee holding such position or employment may be laid off without taking disciplinary action and without the right of appeal.

B. Layoffs and reemployment of employees shall be in accordance with the requirements and procedures set forth in the personnel rules and regulations adopted pursuant to this chapter.

(Ord. 662 Exh. A (part), 2002)

The political activities of city employees shall conform to pertinent provisions of state law and city policies.

(Ord. 662 Exh. A (part), 2002)

A. It is the policy of the city to provide equal opportunity to all applicants and employees and to encourage diversity at all levels within the city. The city will not discriminate against any category protected by federal, state or local laws. All such discrimination is unlawful and all persons involved in the operations of the city are prohibited from engaging in this type of conduct.

B. The city will attempt to reasonably accommodate individuals with known disabilities in accordance with applicable federal and state laws unless doing so would create an undue hardship on the city. Any qualified applicant or employee with a disability who needs accommodation in order to apply for or perform the essential functions of the job should contact the personnel officer and request accommodation.

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 public or private 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, 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.

(Ord. 662 Exh. A (part), 2002)