Ventura Municipal Code Ch. 2.515 Personnel Merit System

The personnel merit system adopted by this chapter is adopted in order to establish equitable and uniform procedures 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 alone; and to provide a reasonable degree of security for employees. (Ord. No. 2003-003, § 3, 4-28-03)

The city manager may delegate any of the powers and duties conferred upon the manager under this chapter to the human resources director or 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 707 of the City Charter. The city manager shall:

A. Administer and enforce all the provisions of this chapter and the personnel rules and regulations not specifically reserved to the city council.

B. Prepare and recommend to the city council personnel rules and regulations and changes thereto. The city attorney shall review the legality of the personnel rules and regulations and any proposed changes prior to their submission by the city manager to the city council.

C. Prepare or cause to be prepared a position classification plan, including class specifications and from time to time revisions thereto. The plan, and any changes, shall become effective upon approval by the city council by ordinance or resolution.

D. Prepare or cause to be prepared a plan of compensation, and from time to time revisions thereto, covering all classifications in the personnel merit system. The plan, and any changes, shall become effective upon approval by the city council by ordinance or resolution.

E. Provide for the publishing or posting of notices of vacant positions in the personnel merit system; the receiving of applications therefor; the conducting and grading of appropriate examinations; and the certification to the appointing authority of a list of all persons eligible for appointment to a particular position within the personnel merit system. (Ord. No. 2003-003, § 3, 4-28-03)

A. The appointment, benefit, and employee rights in this chapter shall apply to all offices, positions, and employment in the service of the city except the following:

1. Members of the city council and members of appointive boards, commissions and committees.

2. City officers appointed by the city council, and all supervisory, administrative, professional and confidential positions in the city manager’s office, and all attorney positions in the city attorney’s office.

3. All department heads and division heads; namely, those individuals responsible for functional program areas that report directly to department heads. Notwithstanding the foregoing, incumbents in merit positions as of January 12, 1987, shall not be subject to this subsection until July 1, 2001.

Notwithstanding the exempt status, all positions identified in this subsection shall be appointed on the basis of a competitive exam process. Anyone appointed via a promotion from a nonexempt position within the personnel merit system may be reinstated in the same status in the class or similar class from which they were promoted should such a position be available.

4. Persons holding positions exempted from the personnel merit system by the ordinance or resolution creating the position.

5. Volunteer personnel, such as reserve police officers.

6. Emergency personnel hired solely to meet conditions arising from emergencies.

7. Persons engaged under contract to supply professional, technical, or other services.

8. Persons whose appointments are temporary.

9. All employees in classifications designated in salary schedule “M” Management as specified in the most current salary resolution, and all employees in classifications entitled “administrative secretary” or “legal administrative secretary” or “confidential secretary.” Notwithstanding the foregoing, incumbents in merit positions as of August 27, 1998, shall not be subject to this subsection until July 1, 2001. This subsection does not apply to employees in those positions set forth in subsections (A)(2) through (A)(8) of this section.

Notwithstanding the exempt status, all positions identified in this subsection shall be appointed on the basis of a competitive exam process. Anyone appointed via a promotion from a nonexempt position within the personnel merit system may be reinstated in the same status in the class or similar class from which they were promoted should such a position be available.

B. The city manager may, by written administrative policy, apply any provision(s) of this chapter to any persons or positions exempted from this chapter.

C. Persons in exempt positions shall serve at the pleasure of the appointing authority. (Ord. No. 2003-003, § 3, 4-28-03)

Personnel rules and regulations shall be adopted by resolution of the city council after notice of the date of the contemplated adoption, together with a copy of the proposed rules and regulations, have been publicly posted in every city department and submitted to all recognized city employee organizations for at least 15 working days prior to city council consideration. Amendments and revisions may be suggested by city employees or representatives of any recognized city organization and shall be processed as provided in the personnel rules and regulations. The rules and regulations shall establish provisions and procedures governing all aspects of the personnel merit system including but not limited to the following unless modified by a current memorandum of understanding:

A. Preparation and conduct of examinations and the establishment and use of resulting eligibility lists containing names of persons eligible for appointment.

B. Certification and appointment of persons from eligibility lists.

C. Appointment of persons to acting or temporary positions.

D. Establishment of hours of work, attendance and leave regulations, and other employee benefits, and the development of employee training and career development.

E. Transfer or promotion of employees in the personnel merit system.

F. Disciplinary action of employees in the personnel merit system.

G. The establishment of grievance and appeal procedures.

H. Preparation, implementation, revision, and maintenance of a position classification plan covering all positions in the personnel merit system including class specifications, employment standards, and qualifications for each class.

I. 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.

J. Evaluation of employees.

K. Separation of employees from city service. (Ord. No. 2003-003, § 3, 4-28-03)

The city shall advertise the employment needs of the city with a view toward obtaining an adequate supply of qualified candidates.

A. Discrimination. No person in the personnel merit system or seeking admission thereto shall be employed, promoted, demoted or discharged, or in any way favored or unlawfully discriminated against because of political opinions or affiliations or because of age, sex, race, color, ethnicity, national origin, religious creed, handicap or marital status.

B. Employment of Relatives. The city council shall not appoint to a salaried position under the city government any person who is a relative by blood or marriage within the third degree of any members of such council, nor shall the city manager or any department head or other officer having appointive power appoint any relative of theirs or of any council member within such degree to any position. No person shall be employed under the following situations: (1) if the person is subject to or retained in a position under the control or supervision of a member of their immediate family, except where such person is under the control or supervision of a member of their immediate family who has been temporarily appointed to the position of interim city manager pending employment of a person to the permanent position of city manager, or (2) if the person works in the same department or same work site as a member of their immediate family where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflict of interest.

C. Employment Based on Marital Status. Notwithstanding the provisions of subsection A of this section, the city retains the right:

1. To refuse to place one spouse under the direct supervision of the other spouse where such has the potential for creating adverse impact on supervision, safety, security, or morale.

2. To refuse to place both spouses in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involve potential conflict of interest.

3. Marital status is as defined in the California Department of Fair Employment and Housing Regulations. (Ord. No. 2003-003, § 3, 4-28-03; Ord. No. 2004-001, 1-5-04)

A. Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor, involving moral turpitude, shall be prima facie disqualification for employment by the city of San Buenaventura; provided, however, that the human resources director shall disregard such conviction if it is found and determined by such human resources director that mitigating circumstances exist or that the conviction is not related to the employment, license, or certification in question. In making such determination, the human resources director shall consider the following factors:

1. The classification, including its sensitivity, to which the person is applying or being certified and whether the classification and duties are 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;

7. Contributing social or environmental conditions.

B. The human resources director shall give notice of disqualification to the individual disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the individual at their last known address.

C. An individual (other than a regular employee) who is disqualified for employment under this provision may appeal such determination of disqualification as set forth herein. Such appeal shall be in writing and filed with the human resources director within 10 days of the date of the notice of disqualification. The city manager or a designee thereof shall hear the appeal before any appointment is made to a vacant position and determine the appeal within 10 days after it is filed. The determination of the city manager or the designee thereof on the appeal shall be final. A regular employee who is disqualified under this provision may appeal such determination of disqualification as set forth in Section XIV of the city of San Buenaventura personnel rules and regulations.

D. Pursuant to Section 11105 of the Penal Code of the state of California the following officers of the city of San Buenaventura are hereby authorized to have access to and to utilize state summary criminal history information when it is needed to assist city officials in fulfilling employment, licensing, or certification purposes: city manager or their designee, city attorney, and human resources director. (Ord. No. 2003-003, § 3, 4-28-03)

Appointments and promotions shall be based on merit and fitness, to be ascertained so far as practicable by job-related competitive examinations. The examinations shall consist of selection techniques which will test fairly the qualifications of candidates and may include achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests (when job related), evaluation of daily work performance, or work samples. Physical and medical tests may be given as a part of any examination. In any examination, the human resources director may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor. (Ord. No. 2003-003, § 3, 4-28-03)

Appointments to vacant positions in the personnel merit system shall be made by the city manager or their designee in accordance with the personnel rules and regulations. (Ord. No. 2003-003, § 3, 4-28-03)