West Covina Municipal Code § 2-249 Procedure upon rejection during probationary period of promoted city…

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State Law reference— Authority to establish, Gov. Code, § 45001; withdrawal from service, Gov. Code, § 45007.

The provisions of this division, the classification and salary resolution and the personnel rules shall apply to all offices, employments and positions in the service of the city except the following:

(a) Elective offices;

(b) Members of appointive boards, commissions and committees;

(c) City manager and assistant city manager;

(d) City attorney;

(e) Building and safety director;

(f) Controller;

(g) City engineer and assistant city engineer;

(h) Public health director;

(i) Administrative accountant, administrative assistant, administrative analyst, administrative analyst (Jr.) and administrative clerk;

(j) Personnel officer;

(k) Public services director;

(l) Administrative secretary;

(m) Police chief and deputy police chief;

(n) Cadets (police department);

(o) Fire chief;

(p) Planning director and assistant planning director;

(q) Communications director;

(r) Recreation and parks director and assistant recreation and parks director;

(s) Special services officer;

(t) Street maintenance superintendent;

(u) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time;

(v) Volunteer personnel who receive no regular compensation from the city;

(w) Any new position hereafter created of the department head, assistant department head, or staff level, if it is specified as exempt by the city council at the time of creation;

(x) Regular city officers and employees who are assigned to perform duties for the West Covina Successor Agency.

(Code 1960, § 2410; Ord. No. 2478, § 1, 4-6-21)

The provisions of this division and the classification and salary resolution pertaining to position classification, attendance, vacations and holidays shall apply to all full-time exempt positions. Further, the provisions of sections 2-260 through 2-262 of this chapter shall apply to all full-time positions except elective offices.

(Code 1960, § 2411)

(a) Appointments to vacant positions in the competitive service shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Appointments shall be made by the city council, the city manager, or by the officer in whom the power to make appointments is vested by this division.

(b) Vacant positions in the competitive service may be filled only by appointment from an eligible list, provisional appointment, transfer, reinstatement or demotion.

(c) When appointment is to be made to a vacancy in the competitive service, the names of eligible personnel willing to accept appointment shall be transmitted by the personnel officer to the appointing authority in the order in which they appear on the lists and as provided in the personnel rules.

(Code 1960, § 2412)

The appointing authority shall be the city council in the case of appointments to the positions of city manager and city attorney and shall be the city manager in all other cases as set forth in article IV, division 2 of this Code.

(Code 1960, § 2413)

(a) In the absence of appropriate employment lists, a provisional appointment may be made by the appointing power of a person meeting the qualifications for employment for the position. An employment list shall be established within six (6) months for any permanent position filled by provisional appointment. No person shall be employed by the city under provisional appointment for a total of more than six (6) months in any fiscal year except that the city manager may, with approval of four-fifths (⅘) of the council, extend the period of any provisional appointment for not more than thirty (30) days by any one action.

(b) No special credit shall be allowed in any examination or the establishment of any employment or promotional lists, for services rendered under a provisional appointment.

(Code 1960, § 2414)

Appointments to temporary, emergency and seasonal positions may but need not be made from eligible lists and those appointed shall not be in the competitive service. Appointments of this type shall include temporary employment for the replacement of employees on leave of absence or vacation, emergency appointments to meet emergencies which threaten life, property or the general welfare of the city, or for work seasonal in nature.

(Code 1960, § 2415)

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

(Code 1960, § 2416)

All applicants for positions in the classified service shall be subject to an appraisal of their qualifications as provided in the personnel rules.

(Code 1960, § 2417)

Examinations may be specified by the personnel officer, with the approval of the human resources board, as promotional only, as open only, or as both open and promotional. It shall be the policy of the personnel officer and the human resources board to encourage the general practice of promotion within the city service wherever in their view a sufficient number of fully qualified candidates are available and such policy will continue to contribute to a sound and efficiently operating city organization.

(Code 1960, § 2418)

Honorably discharged veterans of the armed forces of the United States, will be given a veteran's preference of five (5) percent, or five (5) points, which shall be added to the earned total passing examination score in examinations for entrance level positions into the classified service. No veteran's preference points shall be credited to any veteran's scores on any promotional examination. The words "armed forces of the United States" apply only to the actual armed forces of the United States and to members of the national guard and state militia only while called into and on active duty as part of the armed forces of the United States. A person must have completed his required years of military duty and have in his possession an honorable discharge to obtain the veteran's preference.

(Code 1960, § 2419)

The city shall have the right to require all employees to complete and submit any applications, agreements, or statements pertinent to their employment, as stipulated by decision of the city council.

(Code 1960, § 2420)

The city shall have the right to require at the expense of the city a physical examination of any applicant for employment or any new employee and in addition shall have the right to require periodic medical examinations of any or all city employees.

(Code 1960, § 2421)

(a) With the exception of police officers, all original and promotional appointments shall be for a probationary period of one (1) year. All original and promotional appointments to the position of police officer (excepting lateral entry appointments) shall be for a probationary period of eighteen (18) months. Lateral entry police officer appointments shall be for a probationary period of one (1) year.

(b) During the probationary period the employee may be rejected at any time without right of appeal or hearing.

(Code 1960, § 2422; Ord. No. 1495, § 1, 9-22-80)

An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is discharged for a reason, as provided in this division and the rules, which would have been sufficient to cause his discharge from his former position as well. In such case, the employee shall be entitled to appeal his dismissal as provided in this division.

(Code 1960, § 2423)

Any employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred if, within one-year after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged for causes as provided in section 2-249, and in the manner provided in this division and the rules established for positions in the competitive service.

(Code 1960, § 2424)

An employee's status shall be considered permanent upon completion of the probationary period only if the appointing authority reports to the personnel officer that the services of the employee have been satisfactory and that the employee is recommended for a permanent appointment.

(Code 1960, § 2425)

Any person holding a position or employment included in the competitive service who, on the effective date of article II, chapter 4 of the 1960 Code, shall have service continuously in such position, or in some other position included in the competitive service, for a period equal to the probationary period prescribed in section 2-248, and the personnel rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying examination or working tests, and shall thereafter be subject in all respects to the provisions of this division.

(Code 1960, § 2426)

Any persons, other than those specified in section 2-252, holding positions or employment in the competitive service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(Code 1960, § 2427)

Any permanent employee in the competitive service who has been suspended, demoted, dismissed, or reduced in pay, shall be entitled to request and receive a written statement of reasons for such action. He shall also be entitled, thereafter, to file a written protest to such reasons and to request a hearing before the human resources board, as provided in the personnel rules. The human resources board shall within ten (10) working days investigate the case and may grant a hearing as provided in the rules and regulations.

(Code 1960, § 2428; Ord. No. 2098, § 3, 4-15-03)

The provisions of this division shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure.

(Code 1960, § 2429)

Human resources board hearings need not be conducted according to technical rules relating to evidence and witnesses.

(Code 1960, § 2430; Ord. No. 2098, § 3, 4-15-03)

The human resources board shall certify copies of its findings and recommendations to the city manager, the personnel officer, and other officials from whose action the appeal was made, and to the appellant employee. The official from whose action the appeal was made shall then review such findings and recommendations with the city manager and upon approval of the city manager, shall then affirm, revoke or modify the original action taken. Such affirmation, revocation or modification taken shall then be final.

(Code 1960, § 2431; Ord. No. 2098, § 3, 4-15-03)

There shall be established in the personnel rules a definitive procedure whereby any permanent employee in the competitive service may be enabled to secure proper hearing, through prescribed methods, relative to any alleged grievance he may have pertaining to an unfair or improper aspect of his employment situation, or any alleged violation of this division, the classification and salary resolution and the personnel rules; except in instances where the right of appeal is prohibited by this division.

(Code 1960, § 2432)

(a) The council shall have authority to create and abolish positions in the city service.

(b) The incumbent of an abolished position may be laid-off, transferred, or demoted as provided in the personnel rules. Such action shall not be subject to the appeal process.

(Code 1960, § 2433)

Employees in the service of the city shall not advocate the election or defeat of any ballot proposition or any candidate for any political office or engage in any other kind of political activity during his assigned working hours or while dressed in the uniform required in any department of the city whether or not it is during his assigned working hours.

(Code 1960, § 2434)

No officer or employee of the city, or any other person directly or indirectly shall solicit or receive, or in any manner be concerned in soliciting or receiving, from anyone on an eligible list or employed in the service of the city any assessment, subscription, contribution, or political service, for aiding or assisting in the campaign for election, or appointment to any political or official or other position in the city, either partisan or nonpartisan.

(Code 1960, § 2436)

(a) No person in the competitive service or seeking admission thereto shall be favored or discriminated against in his employment because of political affiliations, race, or religious beliefs.

(b) This division shall be deemed to contain the language required by sections 45050 and 45051 of the Government Code subject to the exceptions contained in sections 45052, 45053 and 45054 of the Government Code.

(Code 1960, § 2437)

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

(Code 1960, § 2438)

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 development and administration of any phase of the personnel program and the council may contract for the performance of such services with any qualified person or agency.

(Code 1960, § 2439)