CHAPTER 1 OBJECTIVES AND SCOPE

Chapter 1
OBJECTIVES AND SCOPE

Article 1 Authority; Definitions.

Article 1. AUTHORITY; DEFINITIONS

7000 Purpose.

This Chapter contains a portion of the general policies and rules of interpretation pertaining to the organization, maintenance, modification, and administration of the City of Marysville personnel, employer-employee relations, and grievance resolution systems governing employment in the city service.

Specific Authority: Chap. 2.72 MMC; Resolution No. 2014-06

History: New 1/2014

7001 Citation.

This Title shall be known as the "Personnel Administration and Employment Relations Rules" and may be cited as such.

7002 Definitions.

The following terms and phrases when used in this Title shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(a) "Advancement" means a salary increase within the limits of the pay range established for a class of position.

(b) "Allocate" or "Allocation" means the assigning of an individual position to an appropriate class on the basis of the kind, difficulty, or responsibility of the work performed in the position.

(d) "Appointing Authority" means the individual officer or employee to whom the City Manager has delegated limited authority for making personnel decisions as expressly provided in this Title.

(e) "Appointment" means the offer to a person and his acceptance of a position, and his starting to perform work as directed in accordance with these rules.

(f) "At will" means that an employee serves at the pleasure of the City Manager, who retains the authority to terminate such employee at any time, with or without cause, for which there is no right of appeal of discipline or termination.

(g) "Candidate" means a person eligible for appointment to a position in city service.

(h) "Career Service" means all positions not specifically excluded pursuant to Part 4 hereof, or by reason of other specific Acts or Ordinances.

(i) "Certify" or "Certification" means the act of the Personnel Director in supplying the appointing authority with the names of applicants who are eligible for appointment to the position for which certification is requested.

(j) "City Service" means the performance by employees of official duties for the City of Marysville.

(k) "Class" or "Class of Position" means a position or group of positions that have similar duties and responsibilities, require similar qualifications, and can be designated with reasonable equity by a single title indicative of the kind of work, and for which the same schedule of compensation may be applied with equity to each position.

(l) "Class Series" or "Series" means a number of classes related to each other by ascending difficulties and responsibilities of work within the same occupational field, such as "Planner," "Senior Planner," "Principal Planner."

(m) "Class Specification" means a written document which generally describes a class of positions in the city service, and includes typical examples of work of the class as well as the expected employment standards for entrance into the class of position described.

(n) "Classification" means the judging of a position’s content and its allocation to a class, in accordance with the duties performed and the responsibilities exercised.

(o) "Classification Plan" means the orderly arrangement and grouping of positions in distinct classes according to duties, authority, and responsibilities.

(p) "Continuous Service" means qualifying employment in the city service, which is uninterrupted except for authorized paid leaves of absence.

(q) "Council" means the city Council of Marysville.

(r) "Demotion" means a change in classification of an employee from a position in one class to a position in another class which is allocated to a lower maximum salary or pay grade, either on a voluntary basis or because of a layoff or disciplinary action.

(s) "Personnel Director" means the City Manager.

(t) "Dismissal" means the separation of an employee from city service for cause.

(u) "Eligible" means a person who meets requirements for a position in city service and whose name is on an active employment, reemployment or transfer list.

(v) "Eligible List" or "Eligibility List" means an employment, reemployment or transfer list.

(w) "Employee" means any person legally occupying a position in the city service, including those who are on authorized leaves of absence from such a position, by virtue of employment pursuant to this Title, and who is paid in whole or in part from city funds.

(x) "Evaluation" or "Performance Evaluation" means a periodic report relative to the work conduct, fitness and capacity of an employee to continue to hold employment.

(y) "Examination" means a test or exercise or group of tests or exercises to determine the fitness and relative abilities of persons seeking employment or promotion in the Career service.

(z) "Final Filing Date" means the last date on which an applicant may apply for an examination or position in the Career service.

(aa) "Grievance" means any claimed violation in the interpretation, application, or enforcement of any specific rule, regulation or policy governing employment rights in the Career service, which rule, regulation or policy must be expressly cited, provided, however, that "Grievance" expressly excludes all of the following: appeals of non-punitive actions, including layoff, denial or postponement of merit or step increase, failure to receive a promotion; matters of City management discretion, such as policy decisions; and any matter subject to the disciplinary process, including disciplinary standards, procedures and appeals pursuant to Sections 8600 through 8635 hereof.

(bb) "Immediate family" means spouse, children, parents, grandparents, grandchildren, brothers, and sisters.

(cc) "Incumbent" means an employee legally occupying a position in the city service.

(dd) "Layoff" means an involuntary separation of an employee from his position, which has been made necessary by lack of work or funds, or for other reasons not related to fault, delinquency, or misconduct on the part of the employee.

(ee) "Leave of Absence" means an authorized absence from duty for a specified period of time and for a specified purpose, with the right to return to work not later than the end of the specified period.

(ff) "Merit Increase" means an increase in pay step within a pay range, based on an employee’s job performance.

(gg) "Minimum Qualifications" means the basic employment standards established for entrance to examinations for appointment or for promotion in the Career service, including education, experience, training, knowledge, skills, abilities, licenses, and other similar proficiency requirements.

(hh) "Open Examination" means a competitive examination in which any qualified person may participate.

(ii) "Original Appointment" means the first appointment of an employee to a position in the Career service.

(jj) "Overtime" means time worked in excess of forty (40) hours in the work week for those persons not working on an exempt basis in accordance with the federal Fair Labor Standards Act.

(kk) "Part time Employee" means an individual hired on a continuing basis, but who works less than a normal full work schedule for the position.

(ll) "Pay and Classification Plan" means the official schedule of pay assigning one or more rates of pay to each class title and the official or approved system of grouping positions into appropriate classes, as adopted by the Council.

(mm) "Permanent Employee" means an employee who has been appointed to a permanent position in the city service in accordance with these Rules and has satisfactorily completed the established probationary period for such position.

(nn) "Permanent Part-Time Position" means a permanent position in the Career service which requires the services of a part-time employee.

(oo) "Permanent Position" means any position in the city service which has required, or is likely to require, the services of an employee on a continuing basis, either full-time or part-time, and which position has been established as such in accordance with these Rules.

(pp) "Permanent Status" means the status of an employee who is lawfully retained in his permanent position after the completion of the established probationary period for such position.

(qq) "Position" means a collection of current duties and responsibilities requiring the full- or part time employment of one person, and may be occupied or vacant.

(rr) "Probationary Employee" or "Probationer" means any employee appointed to a permanent position in the Career service who has not completed the established probationary period for permanent appointment to such position.

(ss) "Probationary Period" means the working test period of continuous service required before a regular appointment is satisfactorily completed.

(tt) "Promotion" means a change of employment status from a position of one class to a position of another class having a higher maximum salary.

(uu) "Promotional Examination" means an examination limited to qualified employees holding permanent status in city service.

(vv) "Provisional Appointment" means the appointment, without competition, of a qualified person to fill a position in the Career service for which no eligible list exists, pending the establishment of an eligible list.

(ww) "Qualified" means an applicant, candidate, or appointee who meets the employment standards for a class of position to which appointment is sought.

(xx) "Reallocation" or "Reclassification" means the reassignment of a position from its current class to a different class on the basis of significant changes in the work assignments or responsibilities expected of the affected position.

(yy) "Reemployment List" means a list of persons with permanent status in a class of position who have been laid off and who are entitled to preference in appointment to vacancies in that class as provided in this Title.

(zz) "Resignation" means the voluntary action of an employee which separates him from his position and severs his status as a city employee.

(aaa) "Roster" or "Employment Roster" means a list of the names of persons for classes of employment in which they have been determined to be qualified for appointment to the Career service. Also known as "eligible list" or "eligibility list."

(bbb) "Separation" means the cessation of employment of a person.

(ccc) "Standing" means the order of priority on an eligible list of each candidate who passes an examination. All candidates who have the same final examination rating for the same examination shall have the same standing.

(ddd) "Status" means the condition of an employee’s present employment, and may be temporary, provisional, probationary, or permanent.

(eee) "Suspension" means an enforced leave of absence of an employee without pay for disciplinary purposes, or pending investigation of charges made against him, as provided in this Title.

(fff) "Temporary Appointment" means an appointment for a special project or other work of a temporary, transitory or emergency nature for which employment is not to exceed a maximum period as provided by these Rules.

(ggg) "Title" or "Class Title" means the official nomenclature given to a class of positions, and to each position allocated to the class, and to the legally-appointed incumbent of each position allocated to the class.

(hhh) "Transfer" means a change by an employee from one position to another position of the same class or of another class involving the performance of similar duties and requiring essentially the same basic qualifications and responsibilities.

(iii) "Vacancy" or "Vacant Position" means a position duly created and still existent, and for which funds are available, but which is not occupied.

(jjj) "Waiver" means the voluntary relinquishment by an eligible applicant to any right to consideration for appointment to a specific position in the Career service.

Article 2. IN GENERAL

7010 Applicability.

The rules in this Title apply to positions in city service except:

(a) Members of the city council;

(b) The City Manager;

(d) Members of appointed boards, committees, and commissions serving the City of Marysville;

(e) Volunteer personnel who receive no regular compensation from the city;

(f) Persons performing work under contract for the city, who are not carried on the payroll as employees.

7011 Scope.

The rules in this Title are adopted to provide for the recruitment and development of the best available employee for each position in the service of the City of Marysville. They provide for establishing orderly procedures for administering the personnel system in such a manner as to be consistent with the following merit principles:

(a) Recruiting, selecting and advancing employees on the basis of their relative abilities, knowledge and skills, including open competitive examination of qualified applicants for initial appointment;

(b) Establishing pay rates consistent with the principle of providing comparable pay for comparable work;

(d) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected with reasonable mutual effort;

(e) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, creed, national origin or ancestry, religion, physical disability, age, gender or sexual orientation, or other protected status, and proper regard for their privacy and constitutional rights;

(f) Establishing a procedure for the presentation and adjustment of employee grievances.

7012 Interpretation.

The rules in this Title are intended to cover most personnel issues and actions which will arise. Those not specifically covered shall be interpreted by the City Manager. Such interpretations shall be in keeping with the intent of this Code and Chapter 2.72 of the Marysville Municipal Code.

7013 Administration and Enforcement.

The responsibility and authority for the enforcement and administration of the rules and regulations in this Title are vested in the City Manager, who may delegate such responsibility as, in his judgment, is necessary or convenient for the efficient implementation of its provisions.

7014 Employment of Relatives.

(a) The employment of relatives by blood or marriage is not encouraged and will be maintained at a minimum to be consistent with sound management practices and the specific provisions of this Section.

(b) After the effective date of this Chapter, no person who is otherwise eligible for appointment to a position in city service shall be appointed or transferred to any position in any department under the City Manager in which a member of that person’s immediate family, or other relative outside the immediate family who resides in that person’s household, is employed in any capacity or position, except as otherwise provided in this Article.

(c) After the effective date of this Chapter, no person who is otherwise eligible for appointment to a position in city service shall be appointed, transferred, promoted or demoted to any position in which any relative would be: (1) supervising or influencing the activities of that person; (2) supervised by such person; or (3) reporting to the same immediate supervisor as that person.

(d) In the event of the marriage of two employees, one of whom supervises the other, or who both report to the same immediate supervisor, the City Manager shall attempt, if possible, to transfer either party to a different work assignment. If the party to be transferred does not accept another work assignment, or if one of the parties does not resign, the employment of either party may be terminated at the sole discretion of the City Manager.

(e) In his sole discretion, the City Manager may waive the limitations of this Section on a case by case basis where layoffs or other reductions-in-force would otherwise cause the separation of a permanent city employee who is affected by the restrictions of this Section.

(f) Subsection (b) hereof shall not apply to incumbent employees who are employed in the same department with a relative on the effective date of this Section. All other provisions apply equally to incumbents as to non-incumbents.