Chapter 1.52 — PERSONNEL SYSTEM

Section 1.52.010 Adoption of personnel system. 1.52.020 Personnel officer.

1.52.030 Competitive service. 1.52.040 Adoption and amendment of rules. 1.52.050 Appointments. 1.52.060 Probationary period. 1.52.070 Status of present employees. 1.52.080 Applicability of rules to certain exempt positions. 1.52.090 Demotion—Dismissal—Reduction in pay—Suspension. 1.52.100 Abolition of position. 1.52.110 Improper political activity. 1.52.120 Discrimination. 1.52.130 Right to contract for special service.

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 following personnel system is hereby adopted. (1995 Code, § 1.52.010)

The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him or her as Personnel Officer under this chapter to any other officer or employee of the city or may recommend that the powers and duties be performed under contract as provided in § 1.52.130. The Personnel Officer shall: (A) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council or the Personnel Board; (B) Prepare and recommend to the City Council personnel rules and revisions and amendments to the rules. The City Attorney shall approve the legality of the 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 plan, and any revisions thereof, shall become effective upon approval by the City Council; (D) Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the City Council; and (E) Provide for the publishing or posting 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. (1995 Code, § 1.52.020)

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) Elective officers; (C) Members of appointive boards, commissions and committees; (D) City Clerk, Administrative Services Director, Development Services Director, Human Resources Director, Finance Director/Treasurer, Police Chief, Planning and Building Director, Fire Chief, Public Works Director/City Engineer and Community Development Director; (E) Persons engaged under contract to supply expert, professional, technical or other services; (F) Volunteer personnel, such as volunteer firefighters; (G) City Attorney; (H) 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; and

(I) Employees, other than those listed elsewhere in this section, who are employed less than half time, which is hereby defined as employees who are expected to or work less than 1,040 hours in any one fiscal year. (1995 Code, § 1.52.030) (Ord. 14-05, passed 10-21-2014; Ord. 98-1818, passed - -1998)

Personnel rules shall be adopted by resolution of the City Council after notice of the action has been publicly posted at least five days prior to City Council consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system, including: (A) Preparation, installation, revision and maintenance of a position plan covering all positions in the competitive 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) Evaluation of employees during the probationary period; (G) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service; (H) Separation of employees from the city service; (I) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training; (J) The establishment of adequate personnel records; and (K) The establishment of grievance and appeal procedures. (1995 Code, § 1.52.040)

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 shall 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 test, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. 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. Appointments shall be made by the City Manager. When appointment is to be made to a vacancy in the competitive services, 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. In the absence of appropriate employment lists, a provisional appointment may be made not to exceed one year by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee (when not a member of the competitive service) 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, the vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules. (1995 Code, § 1.52.050)

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected at any time, without the right of appeal or hearing. An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service, as provided in this chapter and the personnel rules. An employee in the competitive 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 or she was promoted or transferred if action is taken to reject him or her unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (1995 Code, § 1.52.060)

Any person holding a position included in the competitive service who, on the effective date hereof, 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 chapter and the personnel rules. Any other person 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. (1995 Code, § 1.52.070)

The provisions of the personnel rules relating to termination of employment, disciplinary proceedings and grievance proceedings shall not apply to the incumbents of full-time exempt positions set forth in § 1.52.030 of the city code. Persons serving in such positions shall serve at the pleasure of their appointing power and may be terminated without cause. (1995 Code, § 1.52.080)

Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for 30 calendar days any permanent employee. Notice of the action must be in writing and served personally on the employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. The notice shall specify the penalty and contain a statement of the reason or reasons therefor. 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. (1995 Code, § 1.52.090)

Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any position of employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions shall not be subject to written charges, nor shall they have the right of appeal in such cases. Seniority shall be observed in effecting the reduction in personnel and the order of lay-off shall be in the reverse order of total cumulative time served in permanent and probationary status in the competitive service upon the effective date of the lay-off. Lay-off shall be made within classes of positions and all provisional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee. For the purpose of determining order of lay-off, total cumulative time shall include time served on military leave of absence. The names of probationary and permanent employees laid off shall be placed upon re-employment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifications and duties and responsibilities of those of the class of positions from which lay-off was made. Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served in probationary and permanent status and shall remain on the lists for a period of one year unless re-employed sooner. (1995 Code, § 1.52.100)

The political activities of city employees shall conform to pertinent provisions of state law. (1995 Code, § 1.52.110)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted or discharged or, in any way, favored or discriminated against because of political opinions or affiliations or because of race, color, ancestry, national origin or religious belief. (1995 Code, § 1.52.120) Statutory reference: Similar provisions, see Cal. Labor Code §§ 1410 et seq.

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 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 thereof; (D) The preparation, conduct and grading of competitive tests; and (E) Special and technical services of advisory or informational character on matters relating to personnel administration. (1995 Code, § 1.52.130)