Chapter 2.40
PERSONNEL SYSTEM
Sections:
2.40.020 Personnel officer – City manager designated.
2.40.070 Application of provisions – Exceptions.
2.40.075 Excepted employees serve at will – Severance pay upon dismissal.
2.40.080 Personnel rules – Adoption and amendment – Scope.
2.40.090 Appointment restriction.
2.40.100 Age limits prohibited – Exception.
2.40.130 Probationary period – Present employees.
2.40.140 Applicability of rules to certain exempt positions.
2.40.150 City manager – Personnel powers designated.
2.40.180 Abolition of position.
2.40.190 Disciplinary action – Police department – Extra duty in lieu of suspension.
2.40.200 Contributions – Restrictions.
2.40.210 Technical services – Contracting permitted for certain duties.
2.40.010 Purpose – Adoption.
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 personnel system set out in this chapter is adopted. (Prior code § 2150(a)).
2.40.020 Personnel officer – City manager designated.
The city manager shall be the personnel officer. With the approval of the council, the city manager may delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city. The city manager shall:
A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the council;
B. Prepare and recommend to the council revisions and amendments to the personnel rules;
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. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the council. (Ord. 498 § 1, 1985; Ord. 316 § 12, 1973; prior code § 2150(b)).
2.40.070 Application of provisions – Exceptions.
The provisions of this chapter shall apply to offices, positions, and employees in the service of the city with the exception of the following:
A. Elective officers;
B. Members of appointive boards, commissions, and committees;
C. Persons engaged under contract to supply expert, professional, or technical services for a definite period of time;
D. The city manager, assistant city manager, the city clerk, city treasurer, the heads of all city departments, police lieutenants, division manager, senior planner, redevelopment agency manager and any other exempt employee so designated by resolution of the city council; and
E. The city attorney. (Ord. 524 § 1, 1986; Ord. 316 § 12, 1973; Ord. 274 § 2, 1971; prior code § 2150(e)).
2.40.075 Excepted employees serve at will – Severance pay upon dismissal.
Employees serving in those positions excepted from the provisions of this chapter by BGMC 2.40.070(D) serve at the will of the appointing authority and, except as provided in BGMC 2.08.060, may be terminated from their employment with the city at any time with or without cause. A full-time employee, who does not have an agreement providing severance or termination pay, and serves in such a position shall be entitled, upon termination without cause by the appointing authority, to payment of severance pay as following:
A. Two weeks of base salary for one full year of service completed as a full-time employee of the city; provided, that the total severance pay payable pursuant to this subsection shall not exceed 12 weeks of salary. The period of time that severance pay is provided shall be known as the “severance period.”
B. The city shall continue to provide medical coverage for the length of the severance period on the same basis as during regular employment. (Ord. 603 § 1, 1992; Ord. 602 § 1, 1992).
2.40.080 Personnel rules – Adoption and amendment – Scope.
Personnel rules, prepared by the city manager subject to this chapter and to revision by the council, shall be adopted, and may be amended from time to time, by resolution of the council. The rules may establish specific procedures and regulations governing the following phases of the personnel system:
A. The preparation, installation, revision, and maintenance of a position classification plan covering all positions in the classified service, including employment standards and qualifications for each class;
B. The 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;
C. The public announcement of all tests, and the acceptance of applications for employment;
D. The preparation and conduct of tests, and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
E. The certification and appointment of persons from employment lists, and the making of temporary and emergency appointments;
F. The evaluation of employees during the probationary period;
G. The transfer, promotion, demotion, and reinstatement of employees in the classified service;
H. The separation of employees from the city service through layoff, suspension, and dismissal;
I. The standardization of hours of work, attendance and leave regulations, and working conditions, and the development of employees’ morale, welfare, and training;
J. The suitable provision for orderly and equitable presentations by employees to the city manager and to the council relating to general conditions of employment. (Ord. 316 § 12, 1973; Ord. 274 § 3, 1971; prior code § 2150(f)).
2.40.090 Appointment restriction.
Appointments to vacant positions in the classified service shall be made in accordance with this chapter and the personnel rules approved by the city council. (Ord. 274 § 4, 1971; prior code § 2150(g)).
2.40.100 Age limits prohibited – Exception.
Minimum or maximum age limits for any examination for a position in the classified service shall not be established, and age shall not be a minimum qualification for any employment in the classified service. Any person possessing all the minimum qualifications for a position is eligible to take any examination hereunder regardless of age, and neither the personnel officer nor the appointing power shall adopt any rule prohibiting the employment of any person otherwise qualified solely because of age. This section shall be subject to the provisions of any applicable retirement system.
Notwithstanding the foregoing provisions of this section, the personnel rules may provide for maximum and minimum age limits for sworn personnel of the city’s police department. (Ord. 498 § 3, 1985; Ord. 274 § 5, 1971; prior code § 2150(h)).
2.40.130 Probationary period – Present employees.
A. Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, 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 class, shall assume regular status in the competitive service in the position held on such effective date without a qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.
B. 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 before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 274 § 6, 1971; prior code § 2150(j)).
2.40.140 Applicability of rules to certain exempt positions.
The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions. (Prior code § 2150(k)).
2.40.150 City manager – Personnel powers designated.
The city manager, in whom is vested the power to appoint, to make transfers, promotions, demotions, reinstatements, layoffs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this chapter and the personnel rules. (Ord. 316 § 12, 1973; prior code § 2150(l)).
2.40.180 Abolition of position.
Whenever, in the judgment of the council, it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the council may abolish any position or employment in the classified service, and the appointing authority shall lay off, demote, or transfer an employee holding such position or employment. Such employee shall have no right to demand that written charges or reasons therefor be filed, and he shall have no right of appeal or hearing. (Ord. 274 § 8, 1971; prior code § 2150(o)).
2.40.190 Disciplinary action – Police department – Extra duty in lieu of suspension.
Notwithstanding formal suspension as per Ordinance 274, Section 7, the chief of police may assign an employee of the police department extra duty not to exceed five days in lieu of formal suspension, for each infraction of the rules and regulations. For the purpose of this section, a work day consists of eight hours on duty. An employee who accepts extra duty in lieu of suspension is not entitled to file objections to the same in accordance with the grievance procedure of the personnel rules. Such extra duty shall not exceed a total of 30 calendar days in any fiscal year in the case of an individual employee. (Ord. 274 § 10, 1971; prior code § 2150(p)).
2.40.200 Contributions – Restrictions.
A. No officer, agent, clerk, or employee under government of the city, and no candidate for any city office, shall solicit or receive directly or indirectly, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this chapter.
B. No officer or employee in the classified service shall solicit or receive directly or indirectly, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions, from any person other than an officer or employee in the competitive service. (Prior code § 2150(s)).
2.40.210 Technical services – Contracting permitted for certain duties.
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 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 position classification plan, and subsequent revisions and amendments thereof;
C. The preparation of a plan of compensation and subsequent revisions and amendments thereof;
D. The preparation, conducting and grading of competitive tests;
E. Special and technical services of an advisory or informational character on matters relating to personnel administration. (Ord. 316 § 12, 1973; prior code § 2150(t)).