Chapter 2.36
PERSONNEL SYSTEM
Sections:
2.36.010 Adoption of personnel system.
2.36.050 Adoption and amendment of rules.
2.36.080 Status of present employees.
2.36.090 Applicability of rules to certain exempt positions.
2.36.100 Demotion, dismissal, reduction in pay, suspension.
2.36.120 Lay-off and reemployment.
2.36.150 Right to contract for special service.
2.36.010 Adoption of personnel system.
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 following personnel system is adopted. (Ord. 345 § 1 (part), 1972)
2.36.020 Definitions.
As used in this chapter, the following terms shall be defined as indicated:
(a) “Appointing power” means the officers of the city who, in their individual capacities, or as a board, commission or city council, have the final authority to make the appointment to the position to be filled;
(b) “Class” means all positions sufficiently similar in duties, authority and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary;
(c) “Community service” means all positions of employment in the service of the city except those specifically excluded by this chapter;
(d) “Days” means calendar days unless otherwise stated;
(e) “Demotion” means the movement of an employee from one class to another class having a lower maximum rate of pay;
(f) “Examination” means selection techniques used to measure the relative capacities of the persons applying for positions within the community service;
(g) “Employment list” means a list of names of persons who may be considered for employment with the city under specified conditions;
(h) “Lay-off” means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the city council for the above reason or due to organizational changes;
(i) “Position” means a group of duties and responsibilities in the community service requiring full-time or part-time employment of one person;
(j) “Probationary period” means a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by actual performance of the duties of the position;
(k) “Promotion” means the movement of an employee from one class to another class having a higher maximum rate of pay;
(l) “Provisional appointment” means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles;
(m) “Reinstatement” means the reemployment without examination of a former regular employee or probationary employee;
(n) “Suspension” means the temporary separation from the service of an employee without pay, for disciplinary purposes;
(o) “Transfer” means a change of an employee from one position to another position in the same class or in a comparable class. (Ord. 345 § 1 (part), 1972)
2.36.030 Personnel officer.
The city manager shall be the personnel officer, except in those instances provided for in the city of Cerritos Charter. 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 Section 2.36.150. The personnel officer shall:
(a) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
(b) Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;
(c) Prepare or cause to be prepared 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 city council;
(d) Provide for the publishing or posting of notices of vacant positions in the community service; the receiving of applications therefor; the conducting and grading of any necessary tests, the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the community service. (Ord. 345 § 1 (part), 1972)
2.36.040 Community service.
The provisions of this chapter shall apply to all officers, positions and employments in the service of the city, except:
(a) The city manager and his 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 firemen;
(g) City attorney;
(h) City clerk;
(i) City treasurer;
(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, other than those listed elsewhere in this chapter, who are not regularly employed in permanent positions. Employees not eligible for membership in the retirement system. (Ord. 345 § 1 (part), 1972)
2.36.050 Adoption and amendment of rules.
Personnel rules shall be adopted by resolution of 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 community service, including employment standards and qualifications for each class;
(b) The establishment and use of employment lists containing names of persons eligible for appointment;
(c) Certification and appointment of persons from employment lists, and the making of provisional appointments;
(d) Establishment of probationary periods;
(e) Evaluation of employees during the probationary period;
(f) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the community service;
(g) Separation of employees from the city service;
(h) The establishment of adequate personnel records;
(i) The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder. (Ord. 345 § 1 (part), 1972)
2.36.060 Appointments.
Appointments to vacant positions in the community service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained by selection techniques which will test fairly the qualifications of candidates. Examinations, 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 may be used and conducted to aid in the selection of qualified employees. The probationary period shall be 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 council when required by the city charter; otherwise, they shall be made by the officer in whom the power to make appointments is vested.
When appointment is to be made to a vacancy in the community service, the personnel officer shall transmit to the appointing power the names of all persons in the appropriate certified employment list in the order in which they appear on the list. (Ord. 345 § 1 (part), 1972)
2.36.070 Probationary period.
All regular appointments, including promotional appointments, shall be for a probationary period of not less than three or more than twelve months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.
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 from the city service as provided in this chapter and the rules. (Ord. 345 § 1 (part), 1972)
2.36.080 Status of present employees.
Any person holding a position included in the community 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 community service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the community service in the position held on such effective date without qualifying test, 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 community 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. 345 § 1 (part), 1972)
2.36.090 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, unless otherwise specified. (Ord. 345 § 1 (part), 1972)
2.36.100 Demotion, dismissal, reduction in pay, suspension.
Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend any regular employee with or without pay, for a period up to thirty calendar days. Notice of such intended action must be in writing and served personally on such employee or delivered by certified mail, postage prepaid, ten days prior to the taking of such action; except that if an emergency situation exists, then the notice shall be served within ten working days after the action is taken. Such notice shall specify the penalty and contain a statement or reason(s) therefor. A copy of said notice shall likewise be forwarded to the city council personnel committee. (Ord. 523 § 1, 1976: Ord. 345 § 1 (part), 1972)
2.36.110 Right of appeal.
Any employee in the community service shall have the right to appeal any disciplinary action, or alleged violation of this chapter to the personnel review board as provided in the resolution adopted pursuant to provisions of Section 2.36.050, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.
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. 345 § 1 (part), 1972)
2.36.120 Lay-off and reemployment.
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 for employment in the community service; and the employee holding such position for employment may be laid-off 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 the 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 two years 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 reemployment lists in accordance with this section, and who are reemployed 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. 345 § 1 (part), 1972)
2.36.130 Political activity.
The political activities of city employees shall conform to pertinent provisions of Chapter 9.5 of the Government Code. (Ord. 345 § 1 (part), 1972)
2.36.140 Discrimination.
No person in the community 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. (Section 3502: “Right of public employees to choose and partake in activities of employee organizations for representation in employer-employee relations: Right of refusal to join and of self-representation. Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the public agency.”) (Ord. 345 § 1 (part), 1972)
2.36.150 Right to contract for special service.
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 responsibilities and duties imposed by this chapter, including but not limited to the following:
(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. 345 § 1 (part), 1972)