Chapter 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 following personnel system is set forth in this chapter.

(Ord. 149-76 § 2, 1976)

There is created the department of personnel for the City. The personnel department shall be headed by the Personnel Director, selected and appointed by the City Manager pursuant to Section 2.08.100.

(Ord. 149-76 § 2, 1976)

The Personnel Director shall do the following:

• A. Administer all provisions of this chapter and of the personnel rules and regulations not specifically reserved to the Council;

• B. Prepare and recommend personnel rules and regulations and revisions and amendments to such;

• C. Prepare 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 Council;

• D. Provide for the publishing or posting of notices of tests for positions, the receiving of applications therefor, the conducting and grading of tests, and the certification of a list of all persons eligible for appointment to the appropriate positions.

• (Ord. 149-76 § 2, 1976)

The provisions of this chapter shall apply to all offices, positions and employments in the service of the City, which shall be known as the competitive service, except the following:

• A. Elective officers;

• B. Members of appointive Boards, Commissions and committees;

• C. The City Manager;

• D. All department heads,

• E. City Clerk;

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

• G. Volunteer personnel, such as volunteer firefighters;

• 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, including, but not limited to, all temporary, part-time, seasonal, provisional or public service employment program employees.

• (Ord. 149-76 § 2, 1976)

The Personnel Rules and Regulations shall be adopted by resolution of the Council. The Personnel Director shall give written notice to each recognized employee organization affected by the ordinance, rules, regulations, resolutions, or amendments 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 Rules. The rules shall establish procedures and regulations governing the following phases of the personnel system:

• A. Preparation, installation, revisions and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;

• B. Preparation, revision and administration of a compensation plan corresponding to the position classification plan, including all positions in the competitive service and any positions deemed appropriate in the exempt service;

• 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 eligibility lists containing names of persons eligible for appointment;

• E. Appointment of persons from employment eligibility lists, and the making of temporary and emergency appointments;

• F. Establishment of probationary periods and the evaluation of employees during the probationary period and thereafter;

• G. Transfer, promotion, demotion, reinstatement and disciplinary action of employees in the competitive service, and separation of employees from the service by layoff, suspension, resignation and dismissal;

• H. Establishment of adequate personnel records;

• I. Establishment of administrative and appeal procedures concerning the interpretation or application of this chapter, or any rules or regulations adopted under it.

• (Ord. 149-76 § 2, 1976)

• A. 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.

• B. Appointments shall be made by the appointing authority or by his or her designated representative in whom the power to make appointments is vested. Appointments of persons to authorized part-time, temporary, seasonal and public service positions shall be made by the appointing authority.

• C. When appointment is to be made to a vacancy in the competitive service, the Personnel Director shall transmit to the department head the names of all persons on the appropriate certified employment list for recommendation of appointment to the appointing authority.

• (Ord. 149-76 § 2, 1976)

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, other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, other recognized tests, or any combination of these or other tests which will, in the opinion of the Personnel Director, test fairly and effectively the qualifications of candidates. The probationary period shall be considered an extension of the examination process. Physical, psychiatric and medical tests may be given as part of any examination.

In any examination, the Personnel Director may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor. (Ord. 149-76 § 2, 1976)

Any person holding a position included in the competitive service who, as of October 20, 1976, has 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 date without a qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter 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 in effect at the time of their probationary appointment before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 149-76 § 2, 1976)

Any employee in the competitive service shall have the right to appeal any demotion, dismissal, reduction in pay or suspension, or alleged violation of this chapter or memorandum of understanding duly adopted by the Council, or rules adopted pursuant thereto, except in those instances where the right of appeal is specifically prohibited or as specifically defined by this chapter or the rules pursuant thereto.

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. 149-76 § 2, 1976)

Whenever in the judgment of the Council it becomes necessary in the interest of economy or because the necessity for the position no longer exists, the Council may abolish any position or employment in the competitive service and the incumbent(s) of such positions may be laid off, demoted or transferred without disciplinary action.

(Ord. 149 -76 § 2, 1976)

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

(Ord. 149-76 § 2, 1976)

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

(Ord. 149-76 § 2, 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 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. 149-76 § 2, 1976)