Chapter 2.25 PERSONNEL

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 as determined insofar as is practicable by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. (Ord. 231 § 1. 1990 Code § 2-4100.)

2.25.020 Personnel officer established.

The city manager shall be ex officio personnel officer. The city manager may delegate any of the powers and duties conferred upon him/her as personnel officer to any other officer or employee of the city or may recommend that such powers and duties or any part of them be performed under contract. (Ord. 231 § 1. 1990 Code § 2-4101.)

2.25.030 Authority of the city manager.

Pursuant to the provisions of Section 2.10.080 and in accordance with the provisions of this chapter and the rules established hereunder, the city manager shall be responsible for making transfers, promotions, demotions, reinstatements, layoffs and appointments, and shall have the power to suspend or dismiss employees subject to the provisions of this chapter and the rules established hereunder, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment in order that city employees may be selected and promoted on a merit basis, but in no sense to impair the efficiency of the public service. (Ord. 231 § 1. 1990 Code § 2-4104.)

2.25.040 Duties of the city manager.

As administrative head of the city government, as set forth in Chapter 2.10, the city manager shall have the responsibility for making effective the purposes of this chapter. He/she shall:

(a) Attend all meetings of the civil service board, unless represented by other officer or employee designated by him/her.

(b) Administer all provisions of this chapter and the rules established hereunder not specifically reserved to the civil service board.

(c) Prepare rules, and revisions and amendments thereof, for consideration by the civil service board, and after consideration by the board, submit the rules and revisions and amendments, together with the recommendations of the board and his/her own recommendations, to the city council for consideration and adoption by the council; provided, that the city manager may make recommendations directly to the city council necessitated or made desirable as the result of meeting and conferring or consultation between the municipal employee relations officer (city manager) and recognized employee organizations pursuant to the city’s employer-employee rules and regulations.

(d) Prepare and adopt a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon city manager adoption, except in special circumstances necessitating retroactive reclassification as determined by the city manager.

(e) Prepare and adopt a salary and wage plan, and revisions and amendments thereof, consistent with appropriations available through the existing annual city budget. (Ord. 231 § 1; Ord. 777 § 1, 7-7-70; Ord. 2076 § 1, 5-24-94; amended during 2012 reformat. 1990 Code § 2-4105.)

2.25.050 Adoption of rules.

In addition to such other matters as may be necessary and proper to carry out the intent and purposes of this chapter, rules shall be adopted by the city council, upon recommendation of the city manager and the civil service board (except where the city council determines to take action independently of consideration by the board, or where, pursuant to Section 2.25.040, the city manager makes recommendations directly to the city council), establishing specific procedures to govern the following phases of the personnel program:

(a) The preparation, installation, revision and maintenance of a position classification plan covering all positions in the classified service.

(b) The formulation of desirable minimum standards and qualifications for each class of position.

(d) The preparation and conduct of entrance and promotional examinations and the establishment and use of employment lists containing names of persons eligible for appointment and promotion.

(e) The certification and appointment of persons from employment lists to fill vacancies and the making of provisional and emergency appointments.

(f) The evaluation of employees during the probationary period and throughout their entire period of employment.

(g) The transfer, promotion, demotion and reinstatement of employees in the classified service.

(h) The separation from the service of employees through layoffs, suspensions, dismissals, for incapacity to perform required duties, or for other appropriate reasons.

(i) The standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training.

(j) Suitable provision for orderly and equitable presentations to the city manager and to the city council, by employees, of matters relating to general conditions of employment. (Ord. 231 § 1; Ord. 777 § 2, 7-7-70. 1990 Code § 2-4106.)

2.25.060 Classified service.

The provisions of this chapter shall apply to those in the classified service, which shall include all offices, positions and employments in the service of the city except:

(a) Elective officers.

(b) Members of appointive boards, commissions and committees.

(d) Volunteer personnel such as volunteer firemen and police reserves who receive no regular compensation from the city.

(e) Temporary or part-time employees, except persons employed to fill classified part-time positions.

(f) City manager and assistant city manager and deputy city manager.

(g) City attorney.

(h) City treasurer.

(i) Persons appointed, after the effective date of the ordinance amending this section, to occupy a classification as labor relations officer, assistant city attorney and as a department head including, but not limited to, the economic development director, finance director, fire chief, human services director, city clerk, parks and recreation director, human resources director, police chief, redevelopment agency director and information technology director.

Provided, however, that the city manager, assistant city manager, deputy city manager, city attorney, city treasurer and the persons identified pursuant to subsection (i) of this section shall receive the benefits and privileges of this chapter and of the rules and regulations adopted hereunder, governing attendance, leaves and retirement system. The city attorney shall be appointed by the city council, shall hold office at and during the pleasure of the city council, and shall have the highest sense of duty to cooperate with the city manager. The assistant city manager and deputy city manager shall be appointed by the city manager and shall hold office at and during the pleasure of the city manager. The city attorney, assistant city manager and deputy city manager shall be subject to the same provisions as the city manager in regard to compensation as set forth in Section 2.10.070; provided, that the city manager may recommend for council approval any initial, reduced or increased salary to be paid to said officers. (Ord. 231 § 1; Ord. 715 § 2; Ord. 745 § 3; Ord. 2056 § 1, 12-14-93; Ord. 2462 § 1, 6-4-02; Ord. 11-2004 § 1, 5-25-04; Ord. 1-2013 § 5, 1-8-13. 1990 Code § 2-4107.)

2.25.070 Appointments.

(a) Appointments to vacant positions of the classified service, except to the position of city attorney, shall be made by the city manager in accordance with the provisions of this chapter and in accordance with the personnel rules and regulations. Appointments and promotions shall be based on merit and fairness to be ascertained so far as practicable by examination. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selection techniques as achievement and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, other recognized tests, or any combination of these, which will, in the opinion of the personnel officer, test fairly and effectively the qualifications of candidates. Physical, psychiatric 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. Final interviews for all positions shall be held in the city.

(b) If appointment is to be made from employment or promotional lists, the names of all eligible persons willing to accept appointments shall be certified to the appointing authority.

(c) In the absence of appropriate employment lists, a provisional appointment may be made of a person meeting the minimum qualifications for the position; provided, however, that an employment list shall be established for such position within six months. No person shall be employed under a provisional appointment for a total of more than six months in any fiscal year, and no one position shall be filled by provisional appointments for more than a total of six months in any fiscal year. Provided, however, that for the period of any national emergency, it is hereby provided that in the absence of appropriate employment lists, a provisional appointment may be made of a person meeting the minimum qualifications for the position for a total of 12 months, or for the duration of the national emergency and six months thereafter, whichever period shall be longer. It is further provided that nothing herein shall be construed to prevent the establishment of eligibility lists whenever it is possible so to do. When a position is to be filled by provisional appointment or a provisional appointment is to be extended, the city council shall direct the city clerk to record such action in the minutes of a meeting of the council prior to such appointment or extension.

(d) No credit shall be allowed in the giving of any examination or the establishment of any employment or promotional lists for service rendered under a provisional or emergency appointment.

(e) During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion or dismissal of any employee, the vacancy created may be filled by temporary appointment only. (Ord. 231 § 1; Ord. 235 § 1. 1990 Code § 2-4108.)

2.25.080 Probationary period.

(a) All original and promotional appointments shall be tentative and subject to a probationary period of such length as shall be established in the rules adopted hereunder. During this probationary period the employee may be rejected by the appointing authority at any time without right of appeal or hearing in any manner.

(b) An employee rejected during the probationary period from a position to which he/she had been promoted shall be reinstated to the position from which he/she was promoted unless he/she is discharged as provided in this chapter or the rules established hereunder.

(c) The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance in the opinion of the appointing authority does not meet the required standards of work. (Ord. 231 § 1; amended during 2012 reformat. 1990 Code § 2-4109.)

2.25.090 Status of present employees.

Any person holding a position included in the classified service who, on the effective date of this chapter as amended, shall already have attained regular status shall continue in regular status in the classified 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 and regulations. Any other persons holding positions or employment in the classified service shall be regarded as holding their positions or employment as probationers who are serving out the balance of their probationary periods before obtaining regular status, and the time served prior to the effective date of this chapter as amended shall be a portion of the probationary period. (Ord. 231 § 1. 1990 Code § 2-4110.)

2.25.100 Filing of charges as to suspensions, dismissals, etc.

(a) The tenure of every employee holding a position in the classified service shall be during good behavior and proved fitness for the position on the basis of duties and responsibilities, but any officer or employee may be removed or otherwise disciplined as provided by this chapter and the rules established hereunder.

(b) Any employee in the classified service who has been demoted, transferred, suspended, dismissed or reduced in pay shall receive a written statement of the reasons for such action on the effective date of such action, and he/she shall have 10 calendar days’ time thereafter within which to answer in writing thereto. Copies of such charges and answer shall be filed with the chairman or vice-chairman of the civil service board and personnel officer. Within 10 days from the date of filing his/her answer to the written charges, or in the event such written charges have not been available to him/her within the time prescribed, then within 10 days after the action taken to demote, dismiss, transfer, or reduce pay of the employee, he/she may file a written demand with the chairman of the civil service board requesting a hearing before the board. The board shall then investigate the case and conduct a hearing as provided by Section 2.25.110 and by the rules established hereunder.

(c) Notwithstanding any provision of this section, Section 2.25.110, or any rule established hereunder, where pursuant to the city’s employer-employee rules and regulations the city shall have met and conferred in good faith with representatives of a formally recognized employee organization in good faith regarding matters within the scope of representation and shall have entered into a written memorandum of understanding approved by the city council establishing a procedure for arbitration of grievances, appeals as to disciplinary actions, and other matters affecting employment, persons in those classes of employment affected by such a memorandum of understanding shall not have a right to a hearing by the civil service board as to any such matter, and the board shall have no jurisdiction thereover. (Ord. 231 § 1; Ord. 1298 § 1, 12-12-78; amended during 2012 reformat. 1990 Code § 2-4111.)

2.25.110 Hearings.

(a) If an employee has first exhausted all his/her regular administrative remedies, the civil service board shall have the right to investigate any complaint made by such employee in the classified service relative to any situation affecting his/her employment status or conditions of employment, except that the provisions of this section shall not apply to reductions of pay which are part of a general plan to reduce salaries and wages or to the abolition of positions or to layoff of employees in the interest of economy or efficiency or because the necessity for the position involved no longer exists. The rules established hereunder shall set forth procedures for the hearing of complaints made by employees in the classified service.

(b) The hearing of the civil service board shall be public and the findings and recommendations of the board to the city manager and city council shall be made a matter of public record; provided, however, that at the discretion of the board a private hearing may be conducted when the matter under consideration relates to the dismissal, disciplining, appointment or employment of a public officer or employee; provided further, however, that any such hearing shall be public if the officer or employee so requests.

(c) If the civil service board affirms the action against which a complaint was made or in connection with which an appeal was filed, then such action shall become final and conclusive. If, however, the board recommends modification or reversal of such action and the city manager fails or lacks authority to carry out the board’s recommendation, then in that event the matter shall be promptly referred to the city council for decision, and the council’s action thereon shall be final and conclusive.

(d) The provisions of this section shall not apply to layoffs when necessitated by inclement weather or other adverse working conditions, shortage of work or funds, or material changes in duties or organization.

(e) In the event a hearing by the board held pursuant to this section, and at which the complaining employee or any other employee is to be present, is scheduled during the normal working hours of any such employee so involved, then at least two days’ notice of such hearing shall be given to the department head of the employee (or to the city manager if the employee is a department head), who shall permit attendance of the employee at the hearing without loss of pay, or requiring the making up of the time lost, or any other penalty or disadvantage to such employee. (Ord. 231 § 1; amended during 2012 reformat. 1990 Code § 2-4112.)

2.25.120 Suspension.

Any person holding a position or employment in the classified service shall be subject to disciplinary suspension without pay, but such suspension shall not exceed a total of six calendar months in any fiscal year. An employee so suspended shall have the right to a hearing before the civil service board as prescribed in Section 2.25.110. (Ord. 231 § 1; Ord. 872 § 1, 10-26-71. 1990 Code § 2-4113.)

2.25.130 Abolition of positions.

Whenever in the judgment of the city council it becomes necessary in the interest of efficiency or economy or because the necessity for the position involved no longer exists, the city council may abolish any position or employment in the classified service in the same manner as such position or employment was created, in compliance with the provisions of Cal. Gov’t Code § 45100. (Ord. 231 § 1. 1990 Code § 2-4114.)

2.25.140 Discrimination.

(a) Minimum or maximum age limits for any civil service examination shall not be established, and age shall not be a minimum qualification for any city employment in the classified service. Any person possessing all the minimum qualifications for a position shall be eligible to take any civil service examination, regardless of age, and the city council, the civil service board, the personnel officer or any other person shall not include age limits in any employment announcement or adopt any rule prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age. The provisions of this section shall not, however, be deemed to apply to the employment of policemen or firemen.

(b) No question in any examination, application form, or other personnel proceeding shall be so framed as to tend or attempt, whether or not such result be intended, to elicit information concerning the political affiliation, race, religious creed, color, national origin, ancestry, sex, marital status, age (over 40), medical condition (cured or rehabilitated cancer), or physical handicap of an applicant, eligible, or employee. No appointment to or removal from a position in the classified service shall be affected in any manner by any political opinion or affiliation, or because of race, religious creed, color, national origin, ancestry, sex, marital status, age (over 40), medical condition (cured or rehabilitated cancer), or physical handicap. (Ord. 231 § 1; Ord. 1865 § 1, 4-18-89. 1990 Code § 2-4115.)

2.25.150 Offenses in connection with applications, examinations, and certification.

It is unlawful for any person:

(a) Willfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his/her right of examination, application, or certification for employment under the provisions of this chapter or the rules adopted hereunder.

(b) Willfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under the provisions of this chapter or the rules adopted hereunder, or to aid in so doing, or make any false representation concerning the same or the person examined.

(c) Willfully to furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person examined, certified or to be examined, or certified under the provisions of this chapter or the rules adopted hereunder. (Ord. 231 § 1; amended during 2012 reformat. 1990 Code § 2-4119.)

2.25.160 Offenses involving impersonation, examination questions, or unfairly securing waiver of rights.

It is unlawful for any person:

(a) To impersonate another person or to permit or aid in any manner any other person to impersonate him/her in connection with any examination, application, or request to be examined under the provisions of this chapter or the rules adopted hereunder.

(b) To furnish or obtain examination questions or other examination material prepared and intended for use in any examination, before such examination to be administered under the provisions of this chapter or the rules adopted hereunder.

(c) To use any unfair means to cause or attempt to cause any eligible to waive any rights obtained under the provisions of this chapter or the rules adopted hereunder. (Ord. 231 § 1; amended during 2012 reformat. 1990 Code § 2-4120.)

2.25.170 Solicitation of contributions.

No officer or employee under the government of the city and no candidate for any city office shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any political purpose whatever, from anyone on the employment lists or holding any position under the provisions of this chapter. (Ord. 231 § 1. 1990 Code § 2-4121.)

2.25.180 Right to contract for special service.

Upon recommendation of the city manager, the city council may contract with any competent agency for the performance by such agency of such technical service in connection with the establishment of the personnel system or with its operation, as may be desired. (Ord. 231 § 1. 1990 Code § 2-4122.)

2.25.190 Appropriation of funds.

The city council shall appropriate such funds as are necessary to carry out the provisions of this chapter, being advised in this respect by the recommendations of the city manager in the proposed annual budget. (Ord. 231 § 1. 1990 Code § 2-4123.)

2.25.200 Allocation of classes to salary ranges.

The allocation of the several classes to salary ranges shall be directed and designated by resolution of the city council. (Ord. 231 § 1; Ord. 971 § 1, 1-8-74. 1990 Code § 2-4124.)

2.25.210 Salary entitlement.

(a) Subject to the provisions of this chapter, and to the rules and regulations adopted hereunder, each classified employee in the service of the city shall be entitled to receive, and they shall be paid for such services, the applicable rate of compensation prescribed for the class to which the position is allocated, in accordance with the salary range established pursuant to the negotiated memorandum of understanding or the compensation plan approved by the city manager pursuant to Article VI of Resolution 699 (Personnel Rules) as may be applicable.

(b) Notwithstanding any contrary provision of this chapter, or the rules adopted pursuant thereto, classification and compensation of all unclassified employees other than the city attorney and the city manager shall be determined by the city manager. (Ord. 231 § 1; Ord. 246 § 1; Ord. 774; Ord. 971 § 1, 1-8-74; Ord. 1682 § 1, 8-20-85; Ord. 2226 § 1, 3-4-97. 1990 Code § 2-4125.)

2.25.220 Surety bond required of all appointive officers and employees.

Every office or employee of the city, with the exception of elected officers, shall be required to furnish a faithful performance bond in the basic sum of $10,000. (Ord. 231 § 1. 1990 Code § 2-4126.)

2.25.230 Bond for treasurer and city manager.

The city treasurer shall furnish a surety bond in the amount of $50,000; and the city manager, in addition to the basic bond referred to in Section 2.25.220, shall furnish a surety bond in the additional sum of $40,000. (Ord. 231 § 1. 1990 Code § 2-4127.)

2.25.240 Costs of bonds are charges against the city.

The costs of the bonds required by Sections 2.25.220 and 2.25.230 shall be a charge against the city treasury. (Ord. 231 § 1. 1990 Code § 2-4128.)