Chapter 2.36
PERSONNEL SYSTEM1
Sections:
2.36.020 Employee relations officer.
2.36.030 Chapter applicability.
2.36.040 Personnel rules – Adoption, amendment and purpose.
2.36.070 Personnel rules – Applicability to exempt positions.
2.36.080 Demotion – Dismissal – Pay reduction – Suspension.
2.36.100 Abolition of position – Reemployment procedures.
2.36.110 Political activities.
2.36.120 Discrimination prohibited.
2.36.130 Technical services – Contract.
Prior legislation: 1964 Code §§ 2.43, 2.44 and 2.49.
2.36.010 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, provisions of which are contained in this chapter, is adopted. (Ord. 18-10 § 1, 2018; 1964 Code § 2.41.)
2.36.020 Employee relations officer.
The city manager shall be the employee relations officer. The city manager may delegate any of the powers and duties conferred upon him/her as employee relations 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 CMC 2.36.130. The employee relations 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. The city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;
C. Provide for the publishing or posting notices of tests for positions in the competitive service, the receiving of applications therefor, the conducting and grading of tests and the certifications to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service. (Ord. 18-10 § 1, 2018; Ord. 1232 § 2, 1973; 1964 Code § 2.42.)
2.36.030 Chapter applicability.
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:
A. The city manager and all executive employees as defined in the executive compensation rules adopted by city council resolution;
B. Elective officers;
C. Members of appointive boards, commissions and committees;
D. Persons engaged under contract to supply expert, professional, technical or other services;
E. Volunteer personnel, such as volunteer firemen and reserve policemen;
F. City attorney;
G. 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;
H. Employees, other than those listed elsewhere in this section, who are employed less than half-time, which is defined as employees who are expected to or do work less than 1,040 hours in any one fiscal year. (Ord. 18-10 § 1, 2018; Ord. 04-1908 § 1, 2004; Ord. 1232 § 2, 1973; 1964 Code § 2.45. Formerly 2.36.050.)
2.36.040 Personnel rules – Adoption, amendment and purpose.
Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted at least five days prior to city council consideration. 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 system covering all positions in the competitive service, including employment standards and qualifications for each class;
B. Preparation, revision and administration of compensation directly correlated with the position classifications, providing a rate or range of pay for each class;
C. Public announcement of all tests and acceptance of applications for employment;
D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
E. Certification and appointment of persons from employment lists, and the making of provisional and emergency appointments;
F. Evaluation of employees during the probationary period;
G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
H. Separation of employees from the city service;
I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;
J. The establishment of adequate personnel records;
K. The establishment of grievance and appeal procedures. (Ord. 18-10 § 1, 2018; 1964 Code § 2.46. Formerly 2.36.060.)
2.36.050 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 so far as practicable by competitive examination. Examinations shall 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 interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination of these or other tests. Physical and medical tests may be given as part of any examination.
In any examination, the employee relations officer may include, in addition to competitive tests, a qualifying test or tests, and may set minimum standards therefor.
Appointments shall be made by the city council or by the city manager, in whom the power to make appointments is vested.
When appointment is to be made to a vacancy in the competitive service, the employee relations officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.
In the absence of appropriate employment lists, a provisional appointment may be made not to exceed six months by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing.
No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists for service rendered under a provisional appointment.
During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules. (Ord. 18-10 § 1, 2018; Ord. 1232 § 2, 1973; 1964 Code § 2.47. Formerly 2.36.070.)
2.36.060 Probationary period.
All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months; except, that as to any class of position the rules may provide for an extension of the period for not more than an additional six months. With respect to newly employed police and fire personnel, the minimum probationary period shall be not less than one year. In the event the probationary period exceeds these minimum requirements, the applicable memorandum of understanding or compensation rules shall apply. 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/she has been promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she is discharged from the city service as provided in this chapter and the rules.
An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he/she was promoted or transferred if action is taken to reject him/her unless he/she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (Ord. 18-10 § 1, 2018; 1964 Code § 2.48. Formerly 2.36.080.)
2.36.070 Personnel rules – Applicability to exempt positions.
The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions. (Ord. 18-10 § 1, 2018; 1964 Code § 2.50. Formerly 2.36.100.)
2.36.080 Demotion – Dismissal – Pay reduction – Suspension.
The appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for 30 calendar days any permanent employee. 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 the reason or reasons therefor.
The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 18-10 § 1, 2018; 1964 Code § 2.51. Formerly 2.36.110.)
2.36.090 Appeal procedure.
A. Employees – in Classifications Represented by a City-Affiliated Employee Bargaining Unit.
1. Any employee in the competitive service who is represented by a city-affiliated employee bargaining unit shall have the right to appeal any disciplinary action expressly authorized to be appealed by the applicable memorandum of understanding between the city and the city-affiliated employee bargaining unit of which the appealing employee’s classification is represented.
2. To timely appeal any disciplinary action expressly authorized to be appealed by this section, the appealing employee in the competitive service shall follow the appeal procedures set forth in the disciplinary appeal provisions of the applicable memorandum of understanding between the city and the city-affiliated employee bargaining unit of which the appealing employee’s classification is represented.
B. Unrepresented Employees – Employees Not a Member of a City-Affiliated Employee Bargaining Unit.
1. Any unrepresented employee in the competitive service shall have the right to appeal any disciplinary action expressly authorized to be appealed by the applicable compensation rules for unrepresented employees, as approved by city council resolution.
2. To timely appeal any disciplinary action expressly authorized to be appealed by this section, the appealing unrepresented employee in the competitive service shall follow the appeal procedures set forth in the disciplinary appeal provisions of the applicable compensation rules for unrepresented employees, as approved by city council resolution. (Ord. 18-10 § 1, 2018; 1964 Code § 2.52. Formerly 2.36.120.)
2.36.100 Abolition of position – Reemployment procedures.
Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position or employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions shall not be subject to written charges nor shall they have the right of appeal in such cases.
The names of probationary and permanent employees laid off shall be placed upon reemployment lists for classes which, in the opinion of the employee relations officer, require basically the same qualifications and duties and responsibilities of those of the class of positions from which layoff was made.
Names of persons laid off shall be placed upon reemployment lists in order of their competency, and shall remain on such lists for a period of two years unless reemployed sooner. For reemployment purposes, competency of a person laid off shall be determined by the head of the department in which such person worked.
Seniority shall be observed in effecting such reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in permanent and probationary status in the competitive service upon the effective date of the layoff. Layoff shall be made within classes of positions and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or permanent employee.
For the purpose of determining order of layoff, total cumulative time shall include time served on military leave of absence. (Ord. 18-10 § 1, 2018; 1964 Code § 2.53. Formerly 2.36.130.)
2.36.110 Political activities.
The political activities of city employees shall conform to pertinent provisions of state law. (Ord. 18-10 § 1, 2018; 1964 Code § 2.54. Formerly 2.36.140.)
2.36.120 Discrimination prohibited.
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 or because of race, color, ancestry, national origin or religious belief. (Ord. 18-10 § 1, 2018; 1964 Code § 2.55. Formerly 2.36.150.)
2.36.130 Technical services – Contract.
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 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 of a plan of compensation and subsequent revisions and amendments thereof;
D. The preparation, conduct and grading of competitive tests;
E. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 18-10 § 1, 2018; Ord. 1232 § 2, 1973; 1964 Code § 2.56. Formerly 2.36.160.)
For statutory provisions regarding employees’ civil service, see Government Code § 45000 et seq.; for provisions regarding political activities of public employees, see Government Code §§ 53201 – 53206.