Chapter 2.40
PERSONNEL SYSTEM1
Sections:
2.40.040 Civil service commission.
2.40.050 Powers and duties of civil service commission.
2.40.070 Adoption and amendment of rules.
2.40.100 Status of present employees.
2.40.110 Demotion – Dismissal – Reduction in pay – Suspension – Reprimand.
2.40.120 Appeals to civil service commission.
2.40.130 Layoff and reemployment.
2.40.150 Contracts for special services.
2.40.010 Purpose.
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 be sure that appointments and promotions of employees will be based on merit and fitness; and provide a reasonable degree of security for qualified employees, the following personnel system is adopted. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.010).
2.40.020 Definitions.
The terms used to administer the personnel system shall be defined in the personnel rules. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.020).
2.40.030 Administration.
A. The city manager shall administer the city personnel system and serve as the personnel officer. 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 or may recommend that such powers and duties be performed under contract as provided in BMC 2.40.150. The personnel officer shall:
1. Attend all meetings of the civil service commission and serve as its secretary;
2. Administer all provisions of this chapter and of the personnel rules not specifically reserved to the city council or the civil service commission;
3. Prepare and recommend to the civil service commission and city council personnel rules or revisions and amendments to such rules;
4. Prepare, or cause to be prepared a classification plan, including class specifications and revisions of the plan. The plan and any revisions thereof shall become effective upon review by the civil service commission and approval by the city council;
5. Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor, the conducting and grading of tests, the certification of the list of all persons eligible for appointment to the appropriate position in the competitive service, and perform any other duty that may be required to administer the personnel system;
6. Advise and keep the civil service commission routinely informed regarding recruitment, selection and appointment procedures for the competitive service and other matters related to personnel administration.
B. The appointing authority of employees in the competitive service is the city manager. The city manager may delegate the appointing authority to any other officer or employee of the city. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.030).
2.40.040 Civil service commission.
A civil service commission is established and shall function in accordance with Chapter 2.68 BMC. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.040).
2.40.050 Powers and duties of civil service commission.
The powers and duties of the civil service commission are contained in BMC 2.68.070. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.050).
2.40.060 Competitive service.
The provisions of this chapter shall apply to all officers, positions and employment in the service of the city except:
A. Elected officers and any deputies appointed thereto;
B. The city manager and any assistants to the city manager;
C. Secretary to the city manager;
D. The city attorney and any assistant or deputy city attorneys;
E. Members of appointive boards, commissions, and committees;
F. All departments heads, assistant department heads and division heads excluding those positions that are currently in the civil service system. Those positions include:
1. Police captain,
2. Police lieutenant,
3. Recreation supervisor,
4. Water superintendent,
5. Wastewater superintendent;
G. Persons engaged under contract to supply expert, professional, technical or any other services;
H. Volunteer personnel, such as volunteer firemen;
I. All council-appointed city officers;
J. 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;
K. Employees who are hired for a definite term to perform services which are not needed on a constant, continuing basis. Such employees shall work less than 1,040 hours annually. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. “Regularly employed in permanent positions” means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than 1,040 hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules;
L. Any position primarily funded under a state or federal employment program;
M. Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority. (Ord. 08-05 § 1; Ord. 92-17 N.S. § 1, 1992; Ord. 89-8 N.S., 1989. Formerly 2.70.060).
2.40.070 Adoption and amendment of rules.
A. Personnel rules and any amendment thereto shall be adopted by resolution of the city council. Notice of such action shall be publicly posted at least five days prior to city council consideration.
B. Amendments and revisions may be suggested by any employee and shall be processed as provided in the personnel rules. The personnel officer shall give written notice to each recognized employee organization affected by the adoption or amendment of the ordinance codified in this chapter or any personnel rules proposed to be adopted by the city council. All amendments, changes and revisions to the personnel rules shall be reviewed by the civil service commission prior to adoption by the city council and made available to all employees of the city in the manner and form prescribed by the personnel officer.
C. The personnel rules shall establish regulations governing the personnel system including:
1. Preparation, installation, revisions, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;
2. Appropriate announcement of the selection process and acceptance of applications for employment;
3. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
4. Certification and appointment of persons from employment lists, and the making of temporary or emergency appointments;
5. Establishment of probationary testing periods;
6. Evaluations of employees during the probationary testing period and thereafter;
7. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
8. Separation of employees from the city service;
9. The establishment and maintenance of adequate personnel records for the purposes of accounting and legal requirements;
10. The establishment of any necessary appeal procedures. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.070).
2.40.080 Appointments.
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained by competitive examination. Examinations may be used and conducted to aid 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 interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as part of any examination.
In any examination the personnel officer or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards thereof.
When appointment is made to a vacancy in the competitive service, the personnel officer shall transmit to the appointing authority the names, as prescribed by the personnel rules, of all persons on the appropriate certified employment lists, in the order in which they appear on the list. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.080).
2.40.090 Probationary period.
A. All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year. The appointing authority may extend such probationary period up to six additional months with approval of the personnel officer. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work the number of days absent may be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure.
B. At least 10 days prior to the expiration of the probationary period, the appointing authority must file a written statement with the personnel officer stating his recommendations for rejection or retention of a probationary employee. If the probationary employee is not accepted for permanent appointment, the personnel officer shall initiate procedures to release the probationary employee from his probationary appointment, prior to the expiration of the probationary term.
C. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged for cause from the city service as provided in the personnel rules and regulations. (Ord. 08-05 § 1; Ord. 92-17 N.S. § 2, 1992; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.090).
2.40.100 Status of present employees.
Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, shall have 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 qualifying tests, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.
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. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.100).
2.40.110 Demotion – Dismissal – Reduction in pay – Suspension – Reprimand.
The city manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend without pay for up to 30 calendar days any regular employee for cause in accordance with procedures included in the personnel rules. Notice of such action must be in writing and served personally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of reason or reasons therefor.
The provisions of this section shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.110).
2.40.120 Appeals to civil service commission.
A. Right of Appeal. Any employee in the competitive service shall have the right to appeal to the civil service commission relative to any disciplinary dismissal, demotion, reduction in pay or suspension, or alleged violations of this code or the personnel rules; except in instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder or unless the employee elects in writing to waive the employee’s right to a hearing and decision by the civil service commission in favor of appeals rights under a specific grievance procedure.
B. Method of Appeal. Appeals shall be in writing, subscribed by the appellant and filed with the personnel officer who shall, within seven days after receipt of the appeal, inform each member of the civil service commission, the appointing power and other such persons or officers named or affected by the appeal or the filing of the appeal. The appeal shall be a written statement addressed to the civil service commission, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant with his reasons therefor.
C. Notice. Upon the filing of an appeal, the personnel officer shall set a date for a hearing on the appeal of not less than 10 days and no more than 30 days from the date of filing. The personnel officer shall notify all interested parties of the date, time and place of the hearing at such places as the civil service commission shall prescribe.
The personnel officer shall set a date for a hearing on the appeal and notify all interested parties in the manner prescribed by the personnel rules.
D. Investigation. Upon the filing of an appeal, the civil service commission may make such independent investigation of the matter as it may deem necessary. The results of such investigation shall be made a part of the record of the proceedings and the appellant shall have the right to have reasonable time in which to answer or present evidence in opposition to the findings of this independent investigation.
E. Hearings. The appellant shall appear personally, unless physically unable to do so, before the civil service commission at the time and place of the hearings. The appellant may be represented by any person or attorney as may be selected and may at the hearing produce relevant oral or documentary evidence. The appellant shall state the case first, and at the conclusion, opposition matter may then be presented. Rebuttal matter which is not repetitive may be allowed at the discretion of the civil service commission. Cross examination of the witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the civil service commission by its chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requests an open hearing.
F. Findings and Recommendations. The civil service commission shall, within 10 days after the conclusion of the hearing, certify its findings and recommendations in writing to the appellant and to the city manager. The action of the civil service commission shall be final. Any member of the civil service commission may submit a minority or supplemental finding and recommendation. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.120).
2.40.130 Layoff and reemployment.
Layoff and reemployment actions shall follow the process outlined in the personnel rules. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.130).
2.40.140 Political activity.
The political activities of city employees shall conform to pertinent provisions of state law and any local provisions adopted pursuant to state law. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.140).
2.40.150 Contracts for special services.
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 an advisory or informational character on matters relating to personnel administration. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.150).
2.40.160 Discrimination.
No person in the competitive 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, handicap, or because of the exercise of his rights under Section 3502 of the Government Code. (Ord. 08-05 § 1; Ord. 89-8 N.S. § 2, 1989. Formerly 2.70.160).
For statutory provisions authorizing adoption of a personnel system, see Government Code § 45000 et seq.