Truckee Municipal Code Ch. 2.40 Personnel

In order 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, the following personnel system is hereby adopted.

The terms used to administer the personnel system shall be defined in the personnel rules.

The Town Manager shall administer the Town personnel system and may delegate any of the powers and duties to a Personnel Director or may delegate the appointment authority granted by the Town Council to any other officer or employee of the Town or may recommend that such powers and duties be performed under contract. The Town Manager shall:

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

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

(c) Prepare and recommend to the Town 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.

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

(f) 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 of a list of all 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.

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

(a) Elective officers.

(b) The Town Manager and any assistants to the Town Manager.

(c) The Town Attorney and any assistant or deputy Town attorneys.

(d) Members of appointive boards, commissions, and committees.

(e) All department heads.

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

(g) Volunteer personnel, such as volunteer firemen.

(h) All Council appointed Town officers.

(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. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand and forty (1040) hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules.

(k) Any position primarily funded under a state or federal employment program.

(l) Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority.

Personnel rules shall be adopted by resolution of the Town Council. The rules may establish regulations governing the personnel system, including:

(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 and the establishment and use of resulting employment lists containing names of persons eligible for appointment.

(d) Certification and appointment of persons from employment lists, and the making of provisional appointments.

(e) Establishment of probationary testing periods.

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

(g) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive services.

(h) Separation of employees from the Town service.

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

(j) The establishment of any necessary appeal process.

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 Town Manager or designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

The appointing authority of employees in the competitive service is the Town Manager. The Town Manager may delegate the appointing authority to any other officer or employee of the Town.

All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year. The appointing authority may extend such probationary period up to six additional months. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work the number of days absent shall be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right or appeal, hearing of any grievance procedure.

If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Officer a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the Personnel Officer after the expiration of the selection period.

An employee rejected during the probationary period from a position to which such employee has been promoted shall be reinstated to a position in a class from which such employee was promoted unless such employee is discharged from the Town service as provided in the personnel rules. If no vacancy exists in such position, such employee shall be placed on re-employment list as provided in the personnel rules.

The Town Manager or any appointing power 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.

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 chapter or the rules adopted thereunder.

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

Lay-off and re-employment actions shall follow the process outlined in the personnel rules.

The political activities of Town employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law.

The Town Manager shall consider and make recommendations for the Town Council regarding the extent to which the Town should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Town 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 93-15 06-03-93)