Tehachapi 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. 73-O-393 § 2.04.010, 1973)

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

A. "Appointing power" means the officers of the city who, in their individual capacities, or as a board, commission, or city council, 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 with equity of common standards of selection, transfer, demotion and salary.

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

D. "Days" means calendar days, unless otherwise stated;

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

F. "Examination" means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

G. "Employment list" means a list of names of persons who may be considered for employment with the city under specified conditions.

H. "Introductory period" means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by actual performance of the duties of the position.

I. "Layoff" 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 organizational changes.

J. "Position" means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

K. "Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.

L. "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.

M. "Reinstatement" means the reemployment without examination of a former regular employee or introductory employee.

N. "Suspension" means the temporary separation from the service of an employee without pay, for disciplinary purposes.

O. "Transfer" means a change of an employee from one position to another position in the same class, or in a comparable class.

(Ord. 99-02-645 § 1(A)(part), 1999; Ord. 73-O-393 § 2.04.020, 1973)

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

A. The city manager;

B. The chief of police and the fire chief;

C. Elective officers;

D. Members of appointive boards, commissions and committees;

E. Fire department employees;

F. Persons engaged under contract to supply expert, professional, technical or any other services;

G. Volunteer personnel, such as volunteer firemen;

H. City attorney;

I. 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;

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

(Ord. 99-05-647 § 4, 1999; Ord. 99-02-645 § 1(C), 1999; Ord. 86-10-530 § 1, 1986: Ord. 73-O-393 § 2.04.040, 1973)

A. 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 2.40.100.

B. The personnel officer shall:

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

2. Prepare and recommend to the city council personnel rules and revisions, and amendments to such rules;

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

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

(Ord. 99-05-647 § 5, 1999; Ord. 99-02-645 § 1(B), 1999; Ord. 73-O-393 § 2.04.030, 1973)

A. 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 (optional if not within the scope of representation). Amendments and revisions may be suggested by any interested party, and shall be processed as provided in the personnel rules.

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

1. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the classified service, including employment standards and qualifications for each class;

2. Public announcement of all tests, and acceptance of applications for employment;

3. Preparation and conduct of tests, and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

4. Certification and appointment of persons from employment lists, and the making of provisional appointments;

5. Establishment of introductory periods;

6. Evaluation of employees during the introductory period;

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

8. Separation of employees from the city service;

9. The establishment of adequate personnel records;

10. The establishment of appeal and grievance procedures concerning the interpretation or application of this chapter, and any rules adopted hereunder.

(Ord. 99-02-645 § 1(A)(part), 1999; Ord. 73-O-393 § 2.04.050, 1973)

A. Appointments to vacant positions in the classified 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 interviews, performance tests, physical agility tests (for those positions where employment is contingent on passing a physical exam), 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 and medical tests may be given as a part of any examination. In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

B. Appointments shall be made by the city manager, taking into consideration to the extent the city manager deems appropriate, any recommendations of concerned department heads.

C. When appointment is to be made to a vacancy in the competitive service, the personnel officer shall transmit to the concerned department head the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.

(Ord. 99-05-647 § 6, 1999; Ord. 99-02-645 § 1(E), 1999; Ord. 94-01-620 § 4(part), 1994; Ord. 73-O-393 § 2.04.060, 1973)

A. All regular appointments, including promotional appointments, shall be for an introductory period of not less than six months; however, the city reserves the right to extend this period two times at its sole and absolute discretion. Any employee may be rejected at any time during the introductory period. Employees rejected during the introductory period do not have the right to appeal or a hearing.

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

C. An employee in the classified service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the classified service.

(Ord. 99-02-645 §§ 1(A)(part), (E), 1999; Ord. 73-O-393 § 2.04.070, 1973)

A. Any person holding a position included in the classified service who, on the effective date of the ordinance codified in this chapter, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the introductory period prescribed in the rules for his class, shall assume regular status in the classified 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 classified service shall be regarded as probationers who are serving out the balance of their introductory periods, as prescribed in the rules, before obtaining regular status. The introductory period shall be computed from the date of appointment or employment.

(Ord. 99-02-645 § 1(A)(part), 1999; Ord. 73-O-393 § 2.04.080, 1973)

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. 73-O-393 § 2.04.090, 1973)

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 of a plan of compensation, and subsequent revisions and amendments thereto;

D. The preparation, conduct and grading of competitive tests;

E. The conduct of employee training programs;

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

(Ord. 94-01-620 § 1(part), 1994; Ord. 73-O-393 § 2.04.150, 1973)

A. Any employee in the competitive service shall have the right to appeal to the city council any disciplinary action, 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 personnel rules and regulations adopted pursuant to this chapter.

(Ord. 99-02-645 § 1(G)(part), 1999; Ord. 73-O-393 § 2.04.110, 1973)

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, race, color, ancestry, national origin, religious creed, sex, age, or because of the exercise of his rights under Section 3502 of the Government Code.

(Ord. 99-02-645 § 1(G)(part), 1999; Ord. 73-O-393 § 2.04.140, 1973)

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

(Ord. 99-02-645 § 1(G)(part), 1999; Ord. 73-O-393 § 2.04.130, 1973)