Chapter 2-4
PERSONNEL

Sections:

Article 1. Personnel System

2-4-100    Definitions.

2-4-105    Administration.

2-4-110    Competitive service.

2-4-115    Adoption and amendment of rules.

2-4-120    Appointments.

2-4-125    Repealed.

2-4-130    Status of present employees.

2-4-135    Demotion, dismissal, reduction in pay, suspension, reprimand.

2-4-140    Repealed.

2-4-145    Layoff and re-employment.

2-4-150    Political activity.

2-4-155    Contracts for special service.

Article 2. Payment of Salaries

2-4-200    Date of payment.

Article 1. Personnel System

2-4-100 Definitions.

The terms used to administer the personnel system shall be defined in the personnel rules.

2-4-105 Administration.

The City Manager shall administer the City personnel system and may delegate any of the powers and duties to a Personnel Director or may delegate the appointing authority granted by the City Council to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in SJBMC 2-4-155. The City Manager shall:

(A) Act as the appointing authority for the City.

(B) Administer all the provisions of this Article and of the personnel rules not specifically reserved to the City Council.

(C) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules.

(D) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan.

(E) Have the authority to discipline employees in accordance with this Article and the personnel rules of the City.

(F) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system.

(G) Have the authority to create and fill temporary positions for a period of time not to exceed one thousand (1,000) hours within a calendar year as provided for in the personnel rules.

2-4-110 Competitive service.

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

(A) Elective officers.

(B) The City Manager and any assistants to the City Manager.

(C) The City Attorney and any assistant or deputy city attorneys.

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

(E) All department heads.

(F) Persons engaged under contract to supply expert, professional, technical or any other services.

(G) Volunteer personnel, such as volunteer firefighters.

(H) All Council-appointed City officers.

(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.

(J) Employees, other than those listed elsewhere in this Section, who are not regularly employed in permanent positions. “Regularly employed in permanent positions” means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1,040) hours per year, and has successfully completed the probationary period and been retained as provided in this Article and the personnel rules.

(K) Any position primarily funded under a State or Federal employment program.

(L) Employees not included in the competitive service under this Section shall serve at the pleasure of their appointing authority.

(M) Any temporary or contract position, as designated in the classification plan.

2-4-115 Adoption and amendment of rules.

Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including:

(A) 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, as well as all temporary and contract positions not included in the competitive service.

(B) Appropriate announcement of the selection process and acceptance of applications for employment.

(C) Preparation and conduct of test 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 provisional appointments.

(E) Establishment of probationary testing periods.

(F) Evaluation of employees during the probationary testing period and thereafter.

(G) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service.

(H) Separation of employees from the City service.

(I) The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements.

(J) The establishment of any necessary appeal procedures.

2-4-120 Appointments.

Appointments to vacant positions in the competitive 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. Examinations may be used and conducted to aid 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 agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination. Applications for employment, written offers of employment, appointments, or promotions do not guarantee employment for any duration, in any way, expressed or implied.

In any examination the City Manager or his/her designee may include, in addition to competitive test, a qualifying test or tests, and set minimum standards therefor.

The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City.

2-4-125 Probationary period.

Repealed by Ordinance 2001-02, 3/20/01.

2-4-130 Status of present employees.

Any person holding a position included in the competitive service who, on the effective date of this article, 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 rules for his class, shall assume regular status in the competitive 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 article and the personnel rules.

Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

2-4-135 Demotion, dismissal, reduction in pay, suspension, reprimand.

The City Manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee in accordance with procedures included in the personnel rules.

2-4-140 Right of appeal.

Repealed by Ordinance 2001-02, 3/20/01.

2-4-145 Layoff and re-employment.

Layoff and re-employment actions shall follow the process outlined in the personnel rules.

2-4-150 Political activity.

The political activities of City employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law.

2-4-155 Contracts 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 City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this ordinance:

(A) The preparation of personnel rules and subsequent revisions and amendments thereof.

(B) The preparation of a position classification plan, and subsequent revisions and amendments thereof.

(C) The preparation, conduct and grading of competitive tests.

(D) The conduct of employee training programs.

(E) Special and technical services of advisory or informational character on matters relating to personnel administration.

Article 2. Payment of Salaries

2-4-200 Date of payment.

The time, manner and amount of compensation paid to officers and employees of the City of San Juan Bautista shall be established by resolution of the City Council.

Legislative History: Ords. 199 (12/6/83), 211 (12/13/89), 2000-01 (7/18/00), 2001-02 (3/20/01).