Yreka Municipal Code Ch. 2.10 Employee Personnel System

This chapter is established to create an equitable and uniform procedure for addressing personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees are based on merit and fitness; and to provide a reasonable degree of security for qualified employees.

(Ord. 468 (part), 1972)

(Ord. No. 875, § 1, 9-19-2023)

There is created a personnel board to consist of the five members of the city council.

The personnel board 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 subpoenas. Subpoenas shall be issued in the name of the city and attested by the city clerk at the direction of the board.

Each member of the personnel board shall have the power to administer oaths to witnesses.

(Ord. 468 (part), 1972).

(Ord. No. 875, § 1, 9-19-2023)

The personnel board shall determine the order of business for the conduct of its meetings, and shall meet regularly or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the transaction of business.

The board, as provided by this chapter and by the rules, shall hear appeals submitted by any person in the employ of the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of this chapter or the rules adopted pursuant thereto, and to certify its findings and recommendations as provided in the personnel system rules.

(Ord. 468 (part), 1972).

(Ord. No. 875, § 1, 9-19-2023)

The provisions of this chapter apply to all offices, positions and employments in the competitive service of the city. The competitive service excludes the following:

(a) The city manager and their assistants;

(b) Elective officers;

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

(d) All department heads;

(e) Persons engaged under contract to supply expert, professional, technical or any other services;

(f) Volunteer personnel, such as volunteer firefighters and reserve police officers;

(g) City attorney;

(h) 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;

(i) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions, including temporary, summer help, extra help, or provisional employees; and

(j) Employees who are subject to a probationary period but who have not successfully completed their probationary period.

(Ord. 468 (part), 1972).

(Ord. No. 875, § 1, 9-19-2023)

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council, and at least five days prior to city 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 city council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. the rules establish regulations governing the personnel system including:

(a) 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) Public announcement of all tests and acceptance of applications for employment;

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

(d) Certification and appointment of qualified persons from employment lists, in the making of provisional appointments;

(e) Establishment of probationary periods;

(f) Evaluation of employees during the probationary period;

(g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay off of employees in the competitive service;

(h) Separation of employees from the competitive service;

(i) The establishment of adequate personnel records;

(j) The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.

(Ord. 468 (part), 1972).

(Ord. No. 875, § 1, 9-19-2023)

The city manager shall consider and make recommendations to the city 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 city 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. 468 (part), 1972).

(Ord. No. 875, § 1, 9-19-2023)

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council, and at least five days prior to city 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 city 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 regulations governing the personnel system including:

(a) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the city service, including employment standards and qualifications for each class;

(b) Public announcement of all tests and acceptance of applications for employment;

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

(d) Certification and appointment of persons from employment lists, in the making of provisional appointments;

(e) Establishment of probationary periods;

(f) Evaluation of employees during the probationary period;

(g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay off of employees in the city service;

(h) Separation of employees from the city service;

(i) The establishment of adequate personnel records;

(j) The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.

(Ord. 468 (part), 1972).

Appointments to vacant positions in the city 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, evaluation of daily work performance, work samples or any combination of these or other tests. The probationary period is 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 minimum standards therefor.

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

When appointment is to be made to a vacancy in the city service, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment lists, in the order in which they appear on the lists.

(Ord. 468 (part), 1972).

Any person holding a position included in the competitive service who, on the effective date of this chapter, has served continuously in such position, or in some other position in the city service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the city service in the position held on such effective date without qualifying tests, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

Any other person holding positions in the city 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.

(Ord. 468 (part), 1972).

Any employee in the city service shall have the right to appeal to the personnel board any disciplinary action, or alleged violation of this chapter or the rules adopted pursuant thereto, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted 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. 468 (part), 1972).

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

The order of lay off 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 lay off list; provided, however, that no regular or probationary employee shall be laid off from his position in any department while any emergency, temporary or provisional employee is serving in the same class in that department.

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

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

Persons whose names are placed on re-employment lists in accordance with this section, and who are re—employed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave. (Ord 468 (part), 1972).

The po1itica1 activities of city employees shall conform to pertinent provisions of state law as they may be applicable to public employees.

(Ord. 468 (part), 1972).

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

(Ord. 468 (part), 1972).

The city manager shall consider and make recommendations to the city 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 city 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. 468 (part), 1972).