Chapter 2.36
PERSONNEL SYSTEM1
Sections:
2.36.020 Personnel officer designated—Delegation of authority.
2.36.030 Powers—Duties of city manager.
2.36.100 Application of chapter.
2.36.230 Abolishment of positions.
2.36.270 Contracts for performance of technical service.
2.36.010 Adopted.
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 appointment and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted. (Prior code § 2.28).
2.36.020 Personnel officer designated—Delegation of authority.
The city manager shall be ex officio personnel officer. With the approval of the council, the city manager may delegate any of the powers and duties conferred upon him as personnel officer under this article 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 2.36.270. (Prior code § 2.29).
2.36.030 Powers—Duties of city manager.
The city manager shall:
(1) Administer Chapter. Administer all the provisions of this and of the personnel rules not specifically reserved to the council;
(2) Amendment of Rules. Prepare and recommend to the council revisions and amendments to the personnel rules:
(3) Classification Plan. Prepare a position classification plan, including class specifications and revisions of the plan;
(4) Compensation Plan. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service;
(5) Affirmative Action Plan. Prepare an affirmative action plan. (Ord. 715 § 1, 1985: Ord. 657 § (c), 1980: Ord. 630 § 1, 1978; prior code § 2.30)
2.36.100 Application of chapter.
The provisions of this chapter shall apply to all officers, positions and employees in the service of the city, except:
(1) Elective officers;
(2) Positions on appointive boards, commissions and committees;
(3) Persons employed under contract for a definite period of time or to supply expert, professional or technical services;
(4) Volunteer personnel;
(5) City attorney;
(6) City manager;
(7) Members of management staff who are appointed by and serve at the pleasure of the city manager, including:
(A) City engineer and/or public works director and/or director of engineering services,
(B) Director of community development and/or planning director,
(C) City librarian and/or director of library services,
(D) Administrative assistant and/or assistant city manager,
(E) Assistant superintendent of public works and/or public works superintendent and/or director of maintenance,
(F) Chief of police,
(G) Director of community resources,
(H) Director of finance and/or assistant director of finance,
(I) City clerk,
(J) Assistant chief of police and/or police captain and/or police commander,
(K) Deputy city manager including, but not limited to, deputy city manager/development services,
(L) Transportation manager,
(M) Director of housing and redevelopment,
(N) Personnel and information services director;
(8) Part-time (less than twenty (20) hours per week) employees. (Ord. 857 § 1, 1994: Ord. 830 § 1, 1992: Ord. 818 § 4, 1991; Ord. 657 § (e), 1980: Ord. 630 § 3, 1978; prior code § 2.37).
2.36.110 Personnel rules.
Personnel rules, prepared by the city manager subject to this chapter and to revision by the council shall be adopted by resolution of the council, establishing specific procedures and regulations governing the following phases of the personnel system:
(1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including minimum standards and qualifications for each class;
(2) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;
(3) Public announcement of all tests and the acceptance of applications for employment;
(4) Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
(5) Certification and appointment of persons from employment lists, and the making of temporary and emergency appointments;
(6) Evaluation of employees during the probationary period;
(7) Transfer, promotion, demotion and reinstatement of employees in the competitive service;
(8) Separation of employees from the city service through layoff, suspension and dismissal;
(9) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;
(10) Suitable provision for orderly procedures for the administration of employer-employee relations between the city and its employees or employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment;
(11) Content, maintenance and use of personnel records and forms;
(12) Preparation of the affirmative action plan. (Ord. 630 § 4, 1978; Prior code § 2.38).
2.36.120 Court action.
The limitation contained in California Code of Civil Procedure Section 1094.6 (or any successor statute) shall apply to all proceedings authorized hereunder or under the Menlo Park personnel rules. (Ord. 630 § 5, 1978: Prior code § 2.39).
2.36.230 Abolishment of positions.
Whenever in the judgment of the council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the council may abolish any position or employment in the competitive service and lay off, demote, or transfer the employee holding such position or employment without filing written charges and without the right of appeal. If within two years an appointment is to be made to any position or employment in any existing or new class having the same or substantially similar qualifications and duties as the position abolished, the employee laid off, demoted or transferred shall have the right to such appointment, unless he shall file a waiver in writing with the city manager; or, if laid off, he shall fail to report to the city manager within twenty working days after notice is mailed to his last known address. (Ord. 715 § 1(c), 1985; Prior code § 2.50).
2.36.270 Contracts for performance of technical 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 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.
(1) The preparation of personnel rules and subsequent revisions and amendments thereof;
(2) The preparation of a position classification plan, and subsequent revisions and amendments thereof;
(3) The preparation of a plan of compensation, and subsequent revisions and amendments thereof;
(4) The preparation, conduct and grading of competitive tests and the certification of employment lists;
(5) Special and technical services of advisory or informational character on matters relating to personnel administration. (Prior code § 2.57).
For statutory provisions regarding the establishment of merit systems for municipal employees, see Gov. Code § 45001 et seq. For statutory provisions authorizing a city to provide for the appointment of a personnel officer, see Gov. Code § 45003. For provisions concerning personnel systems generally, see Gov. Code §§ 45000—45345.