Chapter 2.32
PERSONNEL SYSTEM
Sections:
2.32.020 Adoption of personnel system.
2.32.040 Personnel committee created.
2.32.050 Personnel committee--Duties.
2.32.060 Applicability of chapter.
2.32.070 Adoption of rules and regulations.
2.32.100 Status of present employees.
2.32.110 Applicability of personnel rules and regulations to certain exempt positions.
2.32.120 Suspension reduction in pay, demotion of dismissal--Notice.
2.32.140 Abolition of position.
2.32.150 Improper political activity.
2.32.170 Right to contract for special service.
2.32.180 Appropriation of funds.
2.32.190 Employees absence--Compensable injury or disease.
2.32.010 Short title.
This chapter shall be known and may be referred to as the “Personnel Ordinance” of the city of Norco. (Ord. 137, Sec. 1, 1971)
2.32.020 Adoption of personnel system.
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 by competitive tests; and to provide a reasonable degree of security for qualified employees the personnel system set out in this chapter is hereby adopted. (Ord. 137, Sec. 2, 1971)
2.32.030 Personnel officer.
The city manager shall be personnel officer. The city manager 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 city. The personnel officer shall:
(1) Attend all meetings of the personnel committee as its secretary;
(2) Administer all the provisions of this chapter and of the personnel rules and regulations. (Ord. 137 Sec. 3, 1971)
2.32.040 Personnel committee created.
There is hereby created a personnel committee to consist of all members of the city council. The personnel committee shall adopt rules of procedure and shall elect a chairman from among the members who shall act as the presiding officer. (Ord. 137 Sec. 4, 1971)
2.32.050 Personnel committee--Duties.
The personnel committee shall determine the order of business for the conduct of its meetings and shall meet on call of the chairman or a majority of the members of the committee. A majority of the members of the committee shall constitute a quorum for the transaction of business. The personnel committee shall hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, or alleged violation of this chapter or the personnel rules and regulations promulgated hereunder and to certify its findings and recommendations as provided in this chapter. Oral and written reprimands, performance evaluations, and probationary demotions are specifically excluded from this section. (Ord. 137 Sec. 5, 1971, Ord. 593, Sec. 1, 1989)
2.32.060 Applicability of chapter.
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:
(1) Elective officers;
(2) Members of appointive boards, commissions, committees and agencies;
(3) Persons engaged under contract to supply expert, professional, technical or other services;
(4) Volunteer personnel, including but not limited to volunteer firemen;
(5) City manager;
(6) City attorney;
(7) Administrative assistant;
(8) City attorney’s secretary;
(9) All department heads;
(10) Employees who are employed less than half time, which is hereby defined as employees who work less than one thousand forty hours in any one calendar year;
(11) 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;
(12) City treasurer;
(13) City Clerk. (Ord. 137, Sec. 6, 1971)
2.32.070 Adoption of rules and regulations.
Personnel rules and regulations shall be established by the city manager in conformity with and subject to this chapter and other ordinances of city. The rules and regulations may be revised and amended by the city manager from time to time. The rules and regulations shall be made a part of the city’s administrative policy manual. The rules and regulations shall establish 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 employment 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 test;
(5) Certification and appointment of persons;
(6) Evaluation of employees;
(7) Transfer, promotion, demotion, and reinstatement of employee in the competitive services;
(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) The establishment of grievance and appeal procedures;
(11) Content, maintenance, and use of personnel records and forms. (Ord. 137 Sec. 7, 1971)
2.32.080 Appointments.
(a) Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules and regulations, promulgated hereunder. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. 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 ability tests, evaluation of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a part of any examination.
(b) In the absence of an appropriate employment list, a provisional appointment may be made not to exceed six months by the personnel officer 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.
(c) During the period of suspension of an employee or pending final action on proceedings to review, suspension, demotion or dismissal of an employee, such vacancy may be filled by the personnel officer subject to the provisions of city’s ordinances and this chapter and the personnel rules and regulations (Ord. 137, Sec. 8, 1971)
2.32.090 Probationary period.
All regular appointments, with the exception of management and fire safety appointments, including promotional appointments, shall be for a probationary period of six months, except that the personnel officer pursuant to the personnel rules and regulations may provide as to any class or position for an extension of such period for not more than six months. Appointments to positions designated as management or fire safety shall be for a probationary period of one year. During the probationary period, the employee may be rejected at any time without right of appeal or hearing. An employee rejected during the probationary period from a position to which he has been promoted may be reinstated to a position in the class from which he was promoted unless he is discharged from the city service as provided in this chapter and the personnel rules and regulations thereunder. Probationary employees are at-will employees with no vested property right in their jobs and may be terminated at any time, without cause, and without right of appeal. (Ord. 413 Sec. 1, 1978: Ord. 137 Sec. 9, 1971, Ord. 593, Sec. 2, 1989)
2.32.100 Status of present employees.
Any person holding a position included in the competitive service, who on February 3, 1971 shall have served continuously in such position or in some other position in the competitive service for a period equal to the probationary period prescribed in the personnel rules and regulation for his class, shall assume regular status in the competitive service, in the position held on February 3, 1971 without qualifying tests; and shall thereafter be subject in all respects to the provisions of this chapter, other city ordinances, and the personnel rules and regulations. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary period prescribed in the personnel rules and regulations before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 137 Sec. 10, 1971)
2.32.110 Applicability of personnel rules and regulations to certain exempt positions.
The provisions of the personnel rules and regulations relating to attendance and leaves shall apply to the incumbent of full-time exempt positions. (Ord. 137, Sec. 11, 1971, Ord. 593, Sec. 3, 1989)
2.32.120 Suspension reduction in pay, demotion of dismissal--Notice.
The personnel officer shall have the right, for due cause, to suspend without pay for thirty calendar days, reduce pay, demote, or dismiss, any permanent employee. Notice of such action must be in writing and served personally on such employee.
Such notice shall specify the penalty and contain a statement of the reasons therefor. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salary and wages. (Ord. 137 Sec. 12, 1971)
2.32.130 Right of appeal.
(a) Any nonprobationary, full-time employee in the competitive service of the city, shall, within seven days, have the right to appeal to the personnel committee a final decision of the city manager regarding a suspension, salary reduction, demotion and dismissal for alleged violations of the personnel ordinance, except in instances where the right of appeal is specifically prohibited by the personnel ordinance or the personnel rules and regulations.
(b) Any person wishing to appeal to the personnel committee shall do so in writing in accordance with the provisions set forth in the personnel ordinance and the personnel rules and regulations. All appeal shall be given an impartial and expeditious hearing before the personnel committee, who shall render an independent and final decision within ten days after the conclusion of the hearing. Copies of the findings and decisions shall be sent to the city manager and the appellant.
(c) The provisions of Section 1094.6 of the Code of Civil Procedure are hereby declared to be applicable to all actions of the City Council and all other City officers, employees, agents and City Committees or Commissions thereof. (Ord. 444 Sec. 1, 1980; Ord. 137, Sec. 13, 1971; Ord. 593, Sec. 4, 1989)
2.32.140 Abolition of position.
(a) Whenever it becomes necessary in the interest of economy or because the necessity for a particular position or employment no longer exists, the city manager shall have the authority to abolish any such position of employment in the competitive service and lay-off, demote or transfer an employee holding such position. An employee so laid off, demoted or transferred shall not be subject to written charges and shall not have the right of appeal. If such action by the city manager would cause loss of employment or a reduction in the gross salary of an employee, then such action shall have prior approval by the City Council.
(b) Whenever a lay-off becomes necessary, employee performance evaluations and seniority shall be considered in effecting such reduction in personnel. Layoffs shall be made within classes of positions, and all provisional employees in the affected class or cases shall be laid off prior to the lay-off of any probationary or permanent employees.
(c) The names of probationary and permanent employees laid off shall be placed upon reemployment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities as 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 rated competency for the class of position 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 rated by the head of the department in which such person worked. (Ord. 137 Sec. 14, 1971)
2.32.150 Improper political activity.
The political activities of city employees shall conform to pertinent provisions of state law, including but not limited to Chapter 9.5 of Title I, Division 4 of the Government Code of the state of California. (Ord. 137 Sec. 15, 1971)
2.32.160 Discrimination.
No person in the competitive service of the city 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 or because of physical disability, mental disability, medical condition, marital status, sex, age and sexual orientation, as those terms are defined in Government Code Section 12926 (Ord. 783, 2001; Ord. 137 Sec. 16, 1971)
2.32.170 Right to contract for special 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 a position classification plan and subsequent revisions and amendments thereof;
(2) The preparation of a plan of compensation and subsequent revisions and amendments thereof;
(3) The preparation, conduct and grading of competitive tests;
(4) Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 137, Sec. 17, 1971)
2.32.180 Appropriation of funds.
The city council shall appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord. 137, Sec. 18, 1971)
2.32.190 Employees absence--Compensable injury or disease.
Any period of time during which an employee is required to be absent from his position of employment with the city by reason of any injury or disease for which he is entitled to receive compensation under the provisions of Division 4 (commencing with Section 3201) of the California Labor Code shall not be considered a break in his continuous service of employment for the purpose of determining his right to salary adjustments, sick leave, vacation or seniority. (Ord. 137 Sec. 19, 1971)