Upland Municipal Code Ch. 2.36 Personnel System

Note: Prior ordinance history: Ords. 888, 961, 1013, 1140 and 1312.

Pursuant to the authority granted to the legislative body of any city within the state of California under the provisions of Chapter 48, Statutes of 1935, and in order to establish an equitable and uniform procedure for dealing with personnel matters through a department of personnel, and to place municipal employment on a merit basis so that the best qualified person available shall be brought into the service of the city, the following personnel system is adopted.

(Prior code § 2350.1)

The council shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(Prior code § 2350.2)

The city manager shall appoint a deputy director of human resources/risk management whose duty it shall be to act in the capacity of administrator of the personnel system. The deputy director of human resources/risk management shall:

A. Attend all meetings of the board of review;

B. Administer all provisions of this chapter and the rules established hereunder, not specifically reserved to the council, city manager or board of review;

C. Under the direction of the city manager, prepare rules and revisions and amendments thereof, for the consideration of the council.

(Prior code § 2350.3; Ord. 1962 § 4, 2022; Ord. 1980 § 3, 2023)

The council may contract with any competent agency for the performance by such agency of such technical service in connection with the establishment of the personnel system or with its operation, as may be desired. The contract may include the delegation to such agency of the responsibility for the performance of the duties herein imposed upon the personnel director, but shall not include the delegation to such agency of the powers and duties herein vested in the council.

(Prior code § 2350.4)

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

A. Elective offices; provided, however, that in the event the people of the city shall at a general municipal election or special election held for that purpose, elect to change the status of any one or more elective officers of the city to that of appointive officers, then at the expiration of the term of office of any such officer, the person holding the office at the time of the expiration of such term, providing that they shall have served in such position for a period of at least six months continuously, immediately prior to the expiration of such term of office, shall assume regular status in the competitive service without preliminary examination or working tests, and shall thereafter be subject in all respects to the provisions of this chapter.

B. Positions on all appointive boards, commissions and committees.

C. Employees paid on an hourly, contract, or per diem basis and other merely casual or occasional employees, inclusive of all those who may not reasonably and properly be considered appointees or employees in regular positions. If the status of an appointive officer or employee is doubtful, or constitutes a borderline case, he or she will be determined not to be a part of this merit and personnel system.

D. The office of city attorney.

E. Department Heads. As used in the municipal code, the term "department head" means any employee deemed an executive or identified by the city manager as being the highest responsible person for a recognized department within the city's management structure, including but expressly not limited to any and all assistant and deputy city managers.

(Prior code § 2350.5; Ord. 1790 §1, 2005)

In addition to such other matters as may be necessary and proper to carry out the intent and purposes of this chapter, rules shall be formulated, and adopted to govern the following phases of the personnel program:

A. The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service;

B. The public announcement of vacancies and examinations and the acceptance of applications for employment;

C. The preparation and conduct of examinations and the establishment and use of employment lists containing names of persons eligible for appointment;

D. The certification and appointment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;

E. The transfer, promotion, demotion, reclassification, and reinstatement of employees in the competitive service;

F. The separation from the service of employees through lay-off, suspension, dismissal and for incapacity to perform required duties;

G. The hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training.

(Prior code § 2350.6; Ord. 1980 § 3, 2023)

The city manager and/or designee(s) having the authority to make transfers, promotions, demotions, reclassifications, reinstatements, lay-offs, salary reductions, salary adjustments, and to appoint, suspend or discharge employees, and to formulate rules shall retain such power, subject to the provisions of this chapter and the rules established hereunder, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service.

(Prior code § 2350.7; Ord. 1962 § 5, 2022; Ord. 1980 § 3, 2023)

In compliance with the California Fair Employment and Housing Act and other state and federal fair employment practice provisions, the city prohibits discrimination based on race, religious creed, color, national origin, ancestry, disability (mental and physical), marital status, sex, gender, sexual orientation, gender identity, gender expression, medical condition, genetic information, military, or veteran status and/or age. Any person possessing all the minimum qualifications for a position shall be eligible to participate in any examination hereunder. These provisions, however, shall always be subject to any bona fide occupational qualifications.

(Prior code §2350.8; Ord. 1812 § 1(B), 2006; Ord. 1962 § 6, 2022)

Within the rules to be established as provided in the preceding Section 2.36.060, may be included a provision establishing reasonable and proper preference or priority in favor of honorably discharged members of the armed services of the United States.

(Prior code § 2350.9)

A. Appointments to vacant positions in the competitive service shall be made in accordance with the rules established hereunder and from employment lists resulting from competitive examination, or by promotion, transfer, demotion, reassignment, reclassification, or reinstatement.

B. If appointment is to be made from employment or promotional lists, the name of persons willing to accept appointment shall be certified by the personnel director in the order in which they appear on the lists. The number of names certified shall exceed by two the number of vacancies to be filled.

C. In the absence of appropriate employment lists, a temporary appointment may be made by the appointing power of a person meeting the minimum qualifications for the position; provided, however, that an employment list shall be established for such position within six months. No person shall be employed by the city under temporary appointment for a total of more than six months in any fiscal year.

D. During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or discharge of an employee, the vacancy created may be filled by the appointing power only by temporary appointment.

(Prior code § 2350.10; Ord. 1980 § 3, 2023)

A. All original and promotional appointments shall be subject to a minimum probationary period of 12 months for all management, professional, technical, miscellaneous, and sworn police personnel above the rank of police officer. All original appointments for police officers shall be subject to a minimum probationary period of 15 months during which the employee may be rejected at any time without right of appeal or hearing in any manner. At the chief of police's discretion lateral police officer transfer applicants who have completed Basic Academy and have demonstrated law enforcement experience may be hired with a 12-month probationary period and may be rejected at any time without right of appeal or hearing in any manner.

B. Employees rejected during a promotional probationary period shall be reinstated to the classification from which they were promoted, provided the employee previously held permanent status in the classification, unless charges are filed and they are discharged as provided in this chapter and the rules.

C. Employees in the competitive service who are promoted or transferred to a position not included in the competitive service shall be reinstated to their former classification if within 12 months action is taken to dismiss them, unless charges are filed and they are discharged in the manner provided in this chapter and the rules established hereunder for positions in their competitive service.

(Prior code § 2350.11; Ord. 1962 § 6, 2022; Ord. 1980 § 3, 2023)

Whenever in the judgment of the council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the council may abolish any position or employment in the competitive service and discharge the employee holding such position in accordance with the rules of layoff in the competitive service. The name of such an employee so discharged shall be placed at the top of the appropriate employment list or lists, as provided by the rules.

(Prior code § 2350.12; Ord. 1980 § 3, 2023)

A. The city manager and/or designee(s) having the power of appointment shall retain their full statutory power to reduce salary, suspend, demote, or discharge for cause subject to the manner and under the procedure established herein for permanent status employees. Cause for discharge shall include unfitness for duty, misconduct, incompetency, inefficiency, insubordination, or persistent failure to perform duties, and incapacity to fill the position by reason of mental or physical disability; and generally any such definite cause as to the city manager and/or designee(s) shall appear reasonable and proper under the circumstances. In all cases, an employee whose status is materially changed, or who is suspended, demoted, or discharged, or has a salary reduction shall be entitled to due process up to and including appeal to the board of review and also has the right to be represented. Any change in the status of an employee, when effected under the provisions of general law and this chapter, shall be final and absolute.

B. The provisions of this section and of Section 2.36.140 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure, or as part of a general curtailment program.

C. Notwithstanding anything to the contrary in this section, in any other provision of this chapter of the Upland Municipal Code, or in any other presently existing ordinance, resolution, agreement, rule, policy, practice or other city enactment of any type or nature, all present and future department heads shall be deemed and are designated as at-will employees who each serve at the pleasure of the city manager, and accordingly the city manager may reduce the salary of, suspend, demote or discharge any department head, without prior notice and without cause. No department head shall have any administrative right of due process in connection with any reduction in salary, suspension, demotion or discharge, and no department head shall have any right of appeal to the board of review or the city council. The city manager's decision as regards the employment status of a department head shall be final and absolute. No department head shall have the right or authority to undertake any of the rights or powers specified in Upland Municipal Code Sections 2.36.140, 2.36.150, 2.36.160 and 2.36.170.

(Prior code § 2350.13; Ord. 1790 § 2, 2005; Ord. 1980 § 3, 2023)

Any permanent employee in the competitive service shall after exhausting all preliminary due process procedures, have the right of appeal to the board of review relative to any situation affecting their employment status or conditions of employment, except in instances where the right of appeal is prohibited by this chapter or the rules. Thereupon the board shall make such investigation as it may deem necessary and, within 20 working days after the request for hearing was filed by the employee, the board shall hold a hearing, at which time it shall hear evidence for and against such employee. Hearings may be informally conducted using the evidentiary rules and procedure.

(Prior code § 2350.14; Ord. 1980 § 3, 2023)

Any hearing upon appeal to the board of review upon mutual agreement of the employer and employee may be a public hearing, and may be informally conducted and the strict rules or evidence need not apply; but nevertheless, such hearings shall be conducted with dignity and in due order. Written findings of fact and conclusions of the board of review shall be rendered within 10 days after the matter is submitted for decision, and shall thereupon be certified to the council and official from whose order the appeal was taken. Such findings and conclusions may contain such recommendations as the board shall deem warranted. The council may thereupon affirm, revoke or modify the action of the board of review. But any action taken by the council must be based upon the written record, or upon a resolution or other written record made by the council sufficient to show justification for the action taken.

(Prior code § 2350.15)

A. The board of review shall consist of three members and an alternate to be appointed by the council for a term of four years. The board members and alternate are selected as follows: One member is selected by the council; one member is mutually agreed upon by the council and the employee associations; and the third member is selected from name(s) submitted by the employee associations. The alternate shall be selected by mutual agreement of the council and the employee associations. The alternate shall act as a substitute member of the board in the event that any member of the board so selected fails to serve, or is unable to serve, for any reason when required to do so. The alternate appointment to serve shall be made by the personnel director and the time of service shall .be determined by him or her after giving due consideration to the reason for the member's failure to serve the duration of his or her disability.

B. A four-fifths vote of all members of the council shall be required to appoint a member to the board; to fill any vacancy thereon; to remove any member of the board from office prior to the expiration of the term of office; to waive the residency requirement; or to appoint a member to more than two consecutive terms. Failure to act with reasonable promptness on any matter requiring attention, or inattention to the duties of the office shall be a cause for the removal of any or all the members of the board.

C. The members of the board of review shall be residents of the city and shall serve without compensation. No persons shall be appointed to the board who holds any salaried public office or employment, under or by the city; nor shall any member, while a member of the board or for a period of one year after they have ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the city or any city elective office, except by the unanimous vote of the entire council.

(Prior code § 235.16)

The board of review shall meet on call of the chairperson, personnel director or two members of the board. Two members of the board shall constitute a quorum for the transaction of business. The functions of the board shall be:

A. To hear appeals as provided by this chapter and by rule, except matters pertaining to the meet and confer process.

B. In any investigation or hearing conducted by the board, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the city attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject such person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the council. Each member of the board of review and the personnel director shall have the power to administer oaths to witnesses.

(Prior code § 2350.17)