Chapter 2.44
PERSONNEL SYSTEM
Sections:
2.44.010 Adoption of personnel system.
2.44.060 Appointments and probation.
2.44.070 Leave of absence without pay.
2.44.090 Demotion, dismissal, reduction in pay, suspension, reprimand.
2.44.100 Discipline – Procedure.
2.44.120 Grievance – Informal procedure.
2.44.130 Grievance – Formal procedure.
2.44.140 Grievance – Conduct of procedure.
2.44.010 Adoption of personnel system.
In order to establish an equitable and uniform system for addressing personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted. (Ord. 1042 § 2 (Att. A), 2017)
2.44.020 Administration.
The city manager shall administer the city personnel system, and shall serve as personnel officer. In addition to the duties and powers outlined in Chapter 2.04 SMC, the city manager shall:
A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council.
B. Prepare revisions and amendments to the personnel rules.
C. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan.
D. Provide for the publishing or posting of notices of tests for positions in the classified 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 classified service; and the performance of any other duty that may be required to administer the personnel system.
E. The city manager may delegate those portions of his/her responsibilities which he/she deems appropriate. (Ord. 1042 § 2 (Att. A), 2017)
2.44.030 Classified service.
The provisions of this chapter 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 directors.
F. Persons engaged under contract to supply expert, professional, technical or any other services.
G. Volunteer personnel.
H. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property.
I. Employees, other than those listed elsewhere in this section, who are not employed in regular positions. “Employed in regular positions” means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than two thousand eighty hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules.
J. Any position primarily funded under a state or federal employment program.
K. Any newly created position which is designated at the time of its creation as being exempt from the classified service.
L. Employees not included in the classified service under this section shall serve at the pleasure of their appointing authority. They may be terminated or disciplined at will by the city manager at any time, without any right of appeal. (Ord. 1042 § 2 (Att. A), 2017)
2.44.040 Basic salary plan.
The salary ranges and the classes of positions shall be adopted annually by resolution in the same manner and at the same time as the budget. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-402. Formerly 2.44.010)
2.44.050 Outside occupations.
No employee of the city shall engage in any outside occupation or activity which is incompatible with his employment by the city. Such occupation or activity shall not be engaged in without prior approval by the city manager, upon recommendation of the department head. Employees engaging in outside occupations without such authorization do so at their own risk, and may thereby jeopardize their city employment. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-408. Formerly 2.44.020)
2.44.060 Appointments and probation.
Appointments to vacant positions in the classified 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. All appointments and promotions in the city service shall be made without regard to race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military or veteran’s status, and/or any other category protected by federal, state, or local law.
All full-time appointments shall be for a probationary period of not less than twelve months. Appointments will not be considered regular until successful completion of the probationary period, which may be extended in accordance with the personnel rules. Probation for promotional appointments shall be for a period of not less than six months except members of police and fire service associations which are subject to twelve-month probationary periods. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-409. Formerly 2.44.030)
2.44.070 Leave of absence without pay.
The city manager may grant a leave of absence to any employee appointed by him/her for a period not to exceed six months which will be approved in monthly increments. The council may grant a leave of absence to any officer appointed by the council. Military leaves of absence shall be controlled by the provisions of federal and state law, as well as by relevant city policy and personnel rules. Persons on a leave of absence without pay shall not accumulate sick leave or vacation time, but may at their option remain in the health and life insurance program by paying all the premium from their own resources. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-410. Formerly 2.44.040)
2.44.080 Longevity.
All service to the city, regardless of whether or not such service is consecutive, shall be considered for longevity purposes. In cases where employees serve forced military service, such time shall be counted for longevity purposes. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-411. Formerly 2.44.050)
2.44.090 Demotion, dismissal, reduction in pay, suspension, reprimand.
The city manager shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend any regular employee for cause in accordance with procedures included in the personnel rules. (Ord. 1042 § 2 (Att. A), 2017; Ord. 715 § 2 (Exh. A(2)), 1987. Formerly 2.44.060)
2.44.100 Discipline – Procedure.
The city’s personnel rules shall govern all proceedings relating to the discipline of city employees. (Ord. 1042 § 2 (Att. A), 2017; Ord. 715 § 2 (Exh. A(3)), 1987. Formerly 2.44.070)
2.44.110 Grievance – Grounds.
A grievance shall be considered as any matter for which appeal is not provided for, or prohibited, in this chapter, concerning:
A. A dispute about the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions.
B. A dispute about the practical consequences of a city decision on wages, hours and other terms and conditions of employment.
C. A decision affecting the employment of any permanent or probationary employee over which the city manager has partial or complete jurisdiction. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-418. Formerly 2.44.080)
2.44.120 Grievance – Informal procedure.
An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay. If, after this discussion, he does not believe the problem has been satisfactorily resolved, he shall have the right to discuss it with his supervisor’s immediate superior, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agreement with the decision reached by discussion, he shall then have the right to file a formal grievance in writing within ten calendar days after receiving the informal decision of his immediate superior. An informal grievance shall not be taken above the city manager. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-418(a). Formerly 2.44.090)
2.44.130 Grievance – Formal procedure.
A. First Level of Review. A grievance shall be presented in writing to the employee’s immediate supervisor, who shall render his decision and comments in writing and return them to the employee within ten calendar days after receiving the grievance. If the employee does not agree with his supervisor’s decision, or if no answer has been received within ten days, the employee may present the appeal in writing to his supervisor’s immediate superior. Failure of the employee to take further action within ten calendar days after receipt of the written decision of his supervisor, or within a total of twenty calendar days if no decision is rendered, will constitute a withdrawal of the grievance.
B. Further Level or Levels of Review as Appropriate. The supervisor receiving the grievance shall review it, render his decision and comments in writing, and return them to the employee within ten calendar days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within ten days, he may present the appeal in writing to the department head. Failure of the employee to take further action within ten days if no decision is rendered will constitute a withdrawal of the grievance.
C. Department Review. The department head receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The department head shall render his decision and comments in writing, and return them to the employee within ten calendar days after receiving the appeal. If the employee does not agree with the decision reached, or if no answer has been received within ten calendar days, he may present the appeal in writing to the city manager. Failure of the employee to take further action within ten days after receipt of the decision, or within a total of twenty days if no decision is rendered, will constitute withdrawal of the grievance.
D. City Manager. The city manager, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The city manager may designate a fact-finding committee, or an officer not in the normal line of supervision, to advise him/her concerning the appeal. The appointing power shall render a decision in writing to the employee within twenty days after receiving the grievance. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-418(b). Formerly 2.44.100)
2.44.140 Grievance – Conduct of procedure.
A. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
B. The employee may request the assistance of another person of his own choosing in preparing and presenting his appeal at any level of review.
C. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal.
D. Employees shall be assured freedom from reprisal for using the grievance procedures. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1-418(c). Formerly 2.44.110)