Thousand Oaks Municipal Code Art. 1 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 of qualified employees, a personnel system is hereby adopted.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

The definitions of the terms as used in this chapter and to implement the objectives of this chapter shall be those set forth in the Personnel Rules and Regulations.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

The City Manager or the City Manager’s designee shall be the Personnel Officer, and shall:

(a) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council or other City officers;

(b) Prepare, or cause to be prepared, a position classification plan, including class specifications, and revisions of the plan. The Titles and salaries and any revisions thereof shall become effective upon approval by the Council by resolution; and

(c) Perform any other duties that may be required to administer the personnel system.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

Unless otherwise specifically provided, the provisions of this chapter shall apply to all officers, positions, and employees in the service of the city, except:

(a) Elective officers;

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

(c) The City Manager, Assistant City Manager, and other management positions in the City Manager’s office;

(d) The City Attorney, Assistant City Attorney, and the Deputy City Attorney;

(e) All Department Heads;

(f) All Council-appointed officers;

(g) Persons engaged under contract to supply expert, professional, technical, or any other services;

(h) Volunteer personnel;

(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 permanent positions; and

(k) Any position primarily funded under a State or Federal employment program.

Separate Personnel Rules and Regulations shall be established for those officers and employees listed in this section. Persons serving in offices, positions and employments excluded from the competitive service serve at the pleasure of their appointing authority, and may be removed pursuant to the Personnel Rules and Regulations for those officers and employees listed in this section.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

The Personnel Officer shall recommend Personnel Rules and Regulations for all nonexcluded employees to the Council for adoption, as well as revisions and amendments to such rules and regulations.

The rules shall establish regulations governing the personnel system, including, but not limited to:

(a) The preparation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including the employment standards for each class;

(b) The publishing of appropriate announcements of all tests, employment opportunities, and the acceptance of applications for employment;

(c) The establishment of the examination process and the establishment and use of resulting employment lists containing the persons eligible for appointment;

(d) The certification and appointment of persons from employment lists and the making of provisional appointments;

(e) The establishment of probationary periods;

(f) The transfer, promotion, demotion, reinstatement, disciplinary action, layoff, and reemployment of employees in the competitive service;

(g) The separation of employees from the City service;

(h) The establishment of appeal procedures.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

(a) Appointments to vacant positions in the competitive service shall be made in accordance with the Personnel Rules and Regulations. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations process.

Appointments shall be made by the officer or body in whom the power to make appointments is vested.

(b) The City Manager and the City Attorney shall be appointed by a majority vote of the City Council. The City Attorney shall be subject to removal as provided in Sections 2-1.504 and 2-1.505. The City Manager shall be subject to removal as provided in Sections 2-1.214 and 2-1.215 of this Code.

(c) The City department heads, the Assistant City Manager, and all management classes in the City Manager’s office shall be appointed by the City Manager, and shall hold their positions for and during the pleasure of the City Manager. The City Treasurer and the City Clerk shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. Appointment, removal or demotion of the City Treasurer and City Clerk are subject to the confirmation of City Council.

(d) The Assistant City Attorney and Deputy City Attorney and all other management employees in the City Attorney’s Office shall be appointed by the City Attorney and shall hold office for and during the pleasure of the City Attorney. The City Attorney Office staff shall be appointed by the City Attorney pursuant to the Personnel Rules and Regulations.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

Except as otherwise provided in this chapter, the conviction, including pleas of guilty and nolo contendere, of a felony may be grounds for disqualification of an applicant for employment. Such conviction may be disregarded if it is found and determined that mitigating circumstances exist.

Pursuant to the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling the employment duties set forth in this section: the Personnel Officer and City Attorney.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

The order of layoff of employees shall be established by the Personnel Rules and Regulations.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

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 race, color, national origin, religion, age, sex and functional limitations as defined by applicable State or Federal law.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

Any employee in the competitive service shall have the right to appeal any disciplinary action or alleged violation of this chapter, or the rules or policies adopted hereunder except in those instances where the right of appeal is specifically prohibited by this chapter or the Personnel Rules and Regulations adopted hereunder.

All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures set forth in the Personnel Rules and Regulations adopted pursuant to this article.

(§ 1, Ord. 889-NS, eff. May 28, 1985)