Turlock Municipal Code Art. 5 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 appointment 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 forth in this article is hereby adopted.

(247-CS, Amended, 06/03/1976)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Appointing power"

shall mean the City Manager.

(b)

"Class"

shall mean all positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title and in the application with equity of common standards of promotion, selection, transfer, demotion, and salary.

(c)

"Competitive service"

shall mean all positions of employment in the service of the City, except those specifically excluded by this chapter.

(d)

"Days"

shall mean calendar days, unless otherwise stated.

(e)

"Demotion"

shall mean the movement of an employee from one class to another class having a lower maximum rate of pay.

(f)

"Examination"

shall mean selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

(g)

"Employment list"

shall mean a list of names of persons who may be considered for employment with the City under specified conditions.

(h)

"Grievance"

shall mean any dispute concerning the interpretation or application of the employer-employee relations resolution or the memorandum of understanding, or of the rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights' decision on wages, hours, and other terms and conditions of employment.

(i)

"Layoff"

shall mean the separation of employees from the active work force due to the lack of work or funds or to the abolition of positions by the Council for such reasons or due to organizational changes.

(j)

"Part-time"

shall mean an employee working less than twenty (20) hours per week.

(k)

"Transfer"

shall mean the change of an employee from one position to another position in the same class or in a comparable class.

(l)

"Position"

shall mean a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

(m)

"Probationary period"

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

(n)

"Promotion"

shall mean the movement of an employee from one class to another class having a higher maximum rate of pay.

(o)

"Provisional appointment"

shall mean an appointment of a person who possesses less than 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.

(p)

"Reinstatement"

shall mean the reemployment, without an examination, of a former regular employee or probationary employee.

(q)

"Suspension"

shall mean the temporary separation from the service of an employee, with or without pay, for disciplinary purposes or the good of the service.

(247-CS, Amended, 06/03/1976)

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 2-4-517 of this article. The Personnel Officer shall:

(a) Administer all the provisions of this article and of the personnel rules not specifically reserved to the Council;

(b) Prepare and recommend to the Council personnel rules and revisions and amendment to such rules;

(c) Prepare, or cause to be prepared, a position classification plan, including class specifications and revisions of the plan. The plan, and any revision thereof, shall be approved by the Council; and

(d) 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; and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(247-CS, Amended, 06/03/1976)

The Council, as provided by this article and by the rules adopted pursuant to this article, shall hear and render decisions on appeals to grievances submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of this article and any rules or regulation adopted pursuant to this article or the memorandum of understanding applicable to such person.

(247-CS, Amended, 06/03/1976)

The Council shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the City and be signed by the Mayor and attested by the City Clerk.

(247-CS, Amended, 06/03/1976)

The provisions of this article 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) Persons engaged under contract to supply expert, professional, technical, or any other services;

(e) Volunteer personnel, such as volunteer fire fighters and police reserves;

(f) The City Attorney;

(g) Emergency employees who are hired to meet the immediate requirement of an emergency condition, such as an extraordinary fire, flood, or earthquake which threatens life or property; and

(h) Employees other than those listed elsewhere in this section who are not full-time employees in permanent positions.

(247-CS, Amended, 06/03/1976)

Personnel rules shall be adopted by the Council by ordinance or resolution after a notice of such action has been publicly posted at least five (5) days prior to 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 Council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rule. The rules shall establish regulations governing the personnel system, including:

(a) The 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) The public announcement of all tests and the acceptance of applications for employment;

(c) The preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment;

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

(e) The establishment of probationary periods;

(f) The evaluation of employees during the probationary period;

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

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

(i) The establishment of adequate personnel records; and

(j) The establishment of appeal procedures concerning the interpretation or application of this article and any rules adopted pursuant to the provisions of this article.

(247-CS, Amended, 06/03/1976)

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 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, the 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 the minimum standards therefor.

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

When an appointment is to be made to a vacancy in the competitive 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.

(247-CS, Amended, 06/03/1976)

All regular appointment, including promotional appointments, shall be for a probationary period of not less than six (6) months. Probationary periods of longer than six (6) months shall be observed if mandated by Federal or State agencies or by a recognized regulatory agency. A department head may extend the probationary period by six (6) months. During the probationary period the employee may be rejected at any time without the right of appeal or a hearing.

An employee rejected during the probationary 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 article and the rules adopted pursuant to the provisions of this article.

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 was promoted or transferred if action is taken to reject him, unless he is discharged in the manner provided in this article and the personnel rules for positions in the competitive service.

(247-CS, Amended, 06/03/1976)

Any person holding a position included in the competitive service who, on June 3, 1976, 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 class shall assume regular status in the competitive service in the position held on such date without a qualifying test and shall thereafter be subject in all respects to the provisions of this article and the personnel rules.

Any other persons 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.

(247-CS, Amended, 06/03/1976)

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, as set forth in Section 2-4-506 of this article, unless otherwise specified.

(247-CS, Amended, 06/03/1976)

The appointing power shall have the right, for cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty (30) calendar days any regular employee. Notice of such proposed action shall be in writing and be served personally on such employee at least five (5) working days prior to the action taken. Such 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.

(247-CS, Amended, 06/03/1976)

Any employee in the competitive service shall have the right to appeal to the Council any proposed disciplinary action or alleged violation of this article or the rules and regulations adopted pursuant to the provisions of this article, except in those instances where the right of appeal is specifically prohibited by this article and said rules and regulations or the memorandum of understanding applicable to such employee.

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.

(247-CS, Amended, 06/03/1976)

Whenever in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for a position no longer exists, the Council may abolish any position in the competitive service, and the employee holding such position may be laid off without taking disciplinary action and without the right of appeal.

The order of layoffs of employees shall be established by the Personnel Officer on the recommendation of the department head involved. The department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list; provided, however, no regular or probationary employee shall be laid off from his position in any department while any emergency or provisional employee is serving in that department.

Employees to be laid off shall be given at least fourteen (14) days' prior notice.

The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon reemployment lists for one (1) year for those classes requiring basically the same qualifications, duties, and responsibilities of the class from which the layoff or demotion in lieu of layoff was made.

Persons whose names are placed on reemployment lists in accordance with this section, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence and shall be entitled to all benefits accruing from such leave.

(247-CS, Amended, 06/03/1976; 1134-CS, Amended, 01/07/10)

The political activities of City employees shall conform to the pertinent provisions of State and Federal laws.

(247-CS, Amended, 06/03/1976)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, ancestry, national origin, religious creed, or sex or because of the exercise of his rights under Section 3502 of the Government Code of the State.

(247-CS, Amended, 06/03/1976)

The City Manager shall consider and make recommendations to the 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 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 article:

(a) The preparation of the 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; and

(e) Special and technical services of an advisory or informational character on matters relating to personnel administration.

(247-CS, Amended, 06/03/1976)

(a) Except as otherwise provided in this section, the conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City; provided, however, the appointing power may disregard such conviction if it is found and determined by such appointing power that mitigating circumstances exist. In making such determination, the appointing power shall consider the following factors:

(1) The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;

(2) The nature and seriousness of the offense;

(3) The circumstances surrounding the conviction;

(4) The length of time elapsed since the conviction;

(5) The age of the person at the time of the conviction;

(6) The presence or absence of rehabilitation or efforts at rehabilitation; and

(7) Contributing social or environmental conditions.

(b) The appointing power shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and shall be delivered personally or mailed to the applicant at the address shown on the application for employment.

(c) An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and shall be filed with the City Clerk within ten (10) days after the date of the notice of disqualification. The Council shall hear and determine the appeal within ninety (90) days after it is filed with the City Clerk. The determination of the Council on the appeal shall be final.

(d) Notwithstanding the foregoing provisions of this section, an applicant for a peace officer position shall be disqualified, without the right of appeal, from employment if the applicant shall have been convicted of a felony.

(e) Pursuant to Section 11105 of 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 City Manager, City Attorney, Personnel Officer, department heads, the Council, and any public official who, in the opinion of the City Manager, has a need to know such history.

(f) Pursuant to Section 11105 of 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 determining whether the best interests of the City are served by continuing, limiting, or discontinuing service by an employee charged with or committing a felony while employed by the City: the City Manager, City Attorney, Personnel Officer, department heads, the Council, and any public official who, in the opinion of the City Manager, has a need to know such history.

(262-CS, Enacted, 10/07/1976; 304-CS, Amended, 08/18/1977)

For the purpose of obtaining information concerning the provisions of Section 2-4-518 of this article, the Personnel Officer and the Assistant Personnel Officer are authorized to have access to State Summary Criminal History information pursuant to subsection (10) of subsection (b) of Section 11105 of the Penal Code of the State.

(262-CS, Enacted, 10/07/1976)