Chapter 2.36
PERSONNEL SYSTEM*

Sections:

2.36.010    Adoption.

2.36.020    Definitions.

2.36.030    Personnel officer.

2.36.040    Exempt positions.

2.36.050    Adoption and amendment of rules.

2.36.060    Appointments.

2.36.070    Probationary period.

2.36.080    Applicability of rules to certain exempt positions.

2.36.090    Demotion, discharge, reduction in pay or suspension.

2.36.110    Right of appeal.

2.36.120    Layoff and reinstatement.

2.36.130    Political activity.

2.36.140    Right to contract for special service.

*    For statutory provisions regarding political activities of public employees, see Gov. Code §§ 3201-3206. Prior ordinance history: Ordinances 50 and 74.

2.36.010 Adoption.

In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the fair and equitable administration of the personnel process, the following personnel system is adopted. (Ord. 86 § 1 (part), 1981)

2.36.020 Definitions.

The terms used to administer the personnel system shall be defined in the personnel rules. (Ord. 86 § 1 (part), 1981)

2.36.030 Personnel officer.

The district manager shall be the personnel officer and 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 district or may recommend that such powers and duties be performed under contract as provided in Section 2.36.140. The personnel officer shall:

A.    Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the district board;

B.    Prepare and recommend to the district board 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 adoption by resolution of the district board. (Ord. 86 § 1 (part), 1981)

2.36.040 Exempt positions.

The provisions of this chapter shall apply to all offices, positions and employments in the service of the district, except:

A.    The district manager and the manager’s 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;

G.    All council-appointed district officers;

H.    Employees who do not have permanent or probationary status in authorized permanent positions;

I.    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.

Provided, however, that the provisions of this chapter shall apply to the above where specifically made applicable by this chapter. (Ord. 86 § 1 (part), 1981)

2.36.050 Adoption and amendment of rules.

Personnel rules shall be adopted by resolution of the district board. The rules shall establish regulations governing the personnel system including, but not limited to:

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

B.    Appropriate announcement of the selector process and acceptance of employment applications;

C.    Preparation and 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, and the making of temporary appointments as required;

E.    Establishment of probationary test periods;

F.    Evaluation of employees during the probationary test period;

G.    Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the district service;

H.    Separation of employees from the district service;

I.    The establishment of adequate personnel records;

J.    The establishment of any necessary appeal procedures;

K.    The establishment and administration of a merit system and pay plan. (Ord. 86 § 1 (part), 1981)

2.36.060 Appointments.

Appointments to vacant positions in the classified 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. Physical and medical tests may be given as a part of any examination. Appointments shall be made by the district manager or by his designee in whom power to make appointments is vested. (Ord. 86 § 1 (part), 1981)

2.36.070 Probationary period.

All permanent appointments, including promotional appointments, shall be for a probationary period of not less than six months or longer as determined by the personnel rules. The probationary period shall be considered an extension of the examination process. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. An employee in the classified service promoted or transferred to a position not included in the classified service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him unless he is discharged. (Ord. 86 § 1 (part), 1981)

2.36.080 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. 86 § 1 (part), 1981)

2.36.090 Demotion, discharge, reduction in pay or suspension.

The personnel officer shall have the right to demote, discharge, reduce in pay, suspend without pay or otherwise discipline any employee. (Ord. 86 § 1 (part), 1981)

2.36.110 Right of appeal.

Any permanent employee in the district service shall have the right to appeal a disciplinary action, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder.

All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter. (Ord. 86 § 1 (part), 1981)

2.36.120 Layoff and reinstatement.

Whenever in the judgment of the district board it becomes necessary in the interest of economy or because the necessity for a position no longer exists, the district board may abolish any position of employment in the district service, and the employee holding such position of employment may be laid off without taking disciplinary action. Layoff and re-employment actions shall follow the process outlined in the personnel rules. (Ord. 86 § 1 (part), 1981)

2.36.130 Political activity.

The political activities of the district employees shall conform to pertinent provisions of state law and any local provisions adopted pursuant to state law. (Ord. 86 § 1 (part), 1981)

2.36.140 Right to contract for special service.

The district manager shall consider and make recommendations to the district board regarding the extent to which the district should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The district board 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. (Ord. 86 § 1 (part), 1981)