Chapter 4
PERSONNEL SYSTEM
Sections:
2-4.01 Adoption of personnel system.
2-4.03 Personnel Commission: Powers and duties.
2-4.05 Competitive and general service.
2-4.09 Appointments subject to provisions.
2-4.11 Notice of suspension, demotion, or dismissal.
2-4.12 Suspension, demotion, or dismissal: Hearing.
2-4.14 Political activities prohibited.
2-4.15 Political activities permitted.
2-4.16 Solicitation of contributions.
2-4.18 Violations of certain provisions.
2-4.19 Contracts for special services.
2-4.20 Appropriation of funds.
2-4.21 Criminal conduct: Ineligibility for employment.
2-4.01 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, which shall be determined insofar as practicable by competitive tests for all positions in the competitive service, and to provide a reasonable degree of security for qualified employees, a personnel system is hereby adopted.
(§ 1, Ord. 16 C-M)
2-4.02 Personnel Commission.
The Personnel Commission of the City is hereby established to consist of seven (7) members who shall be appointed in accordance with, and for the terms prescribed by, Section 902 of the Charter of the City. The Commission shall function in all respects in accordance with the applicable provisions of Article IX of said Charter relating to appointive boards and commissions. The Commission shall normally hold at least one regular meeting each month. Special meetings may be called by the Chairman or by a majority of Commissioners.
(§ 2, Ord. 16 C-M, as amended by § 1, Ord. 829-90 C-M, eff. February 22, 1990)
2-4.03 Personnel Commission: Powers and duties.
The powers and duties of the Personnel Commission shall be as follows:
(a) To act in an advisory capacity to the Council, City Manager, or other appointive powers on matters relating to personnel administration;
(b) To recommend to the Council after a public hearing thereon the adoption, amendment, or repeal of the personnel rules and regulations referred to in Section 1002 of the Charter of the City. Such personnel rules and regulations shall provide, among other things, for:
(1) The preparation, revision, and administration of a positive classification plan covering all positions in the competitive service, including minimum standards and qualifications for each class; and
(2) The preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a range or maximum rate of pay for each class;
(c) To hear appeals of any officer or employee holding a regular position in the competitive service pertaining to suspension, demotion, dismissal, or disciplinary action as provided for in Article X of the Charter of the City;
(d) To make any investigation which it may consider desirable concerning the conditions of employment and the administration of personnel in the municipal service and report its findings to the Council, the City Manager, and any other appointive power; and
(e) To perform such other duties relating to personnel matters as may be prescribed by the Council not inconsistent with the provisions of the Charter of the City.
(§ 3, Ord. 16 C-M)
2-4.04 Director of Personnel.
There is hereby created the position of Director of Personnel. The City Manager shall be ex-officio Director of Personnel. The City Manager may delegate any of the powers and duties conferred upon him as Director of Personnel under this chapter to any other officer or employee of the City appointed by the City Manager, or he may recommend to the Council that any or all such powers and duties be performed under contract as provided by Section 2-419 of this chapter. The Director of Personnel or his designated representative shall:
(a) Attend all meetings of the Personnel Commission;
(b) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council or the Personnel Commission;
(c) Prepare and recommend the adoption, amendment, or repeal of personnel rules and regulations and revisions and amendments thereto prior to their submission to the Council;
(d) Prepare and recommend a position classification plan, including class specifications, and revisions of the plan;
(e) Prepare and recommend a plan of compensation and, at least annually, revisions thereof, covering all classes for which the City Manager is the appointing authority;
(f) Publish or post notices of tests for positions in the competitive service, receive applications therefor, conduct and grade tests, and certify to the person having the power of appointment a list of all persons eligible for appointment to the appropriate position in the competitive service; and
(g) Have authority to prepare and issue rules and regulations governing the conduct and performance of personnel under the administrative jurisdiction of the City Manager.
(§ 4, Ord. 16 C-M)
2-4.05 Competitive and general service.
The provisions of this chapter and personnel rules adopted pursuant hereto shall apply to all officers, positions, and employments of the City, both in the competitive and general service, except when such provisions conflict with the Charter of the City or, unless such provisions clearly do not apply.
(§ 5, Ord. 16 C-M, as amended by § 1, Ord. 829-90 C-M, eff. February 22, 1990)
2-4.06 Personnel rules.
The Council shall adopt, by resolution, personnel rules governing the following phases of the personnel system:
(a) The preparation, installation, revision, and maintenance of a position classification plan covering all appointive positions in the City service;
(b) The 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;
(c) The public announcement of all tests and the acceptance of applications for employment;
(d) The preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
(e) The certification and appointment of persons from employment lists and the making of provisional, temporary, part-time, and emergency appointments;
(f) The evaluation of employees during the probationary period;
(g) The transfer, promotion, demotion, and reinstatement of employees in the competitive service;
(h) The separation of employees from the City service through lay-off, suspension, and dismissal;
(i) The standardization of hours of work, attendance and leave regulation, working conditions, and the development of employee training, morale, and welfare;
(j) Suitable provisions for orderly and equitable presentation to the City Manager, the Personnel Commission, and to the Council by employees relating to general conditions of employment; and
(k) The content, maintenance, and use of personnel records and forms.
(§ 6, Ord. 16 C-M)
2-4.07 Appointments.
(a) Applicable laws: Testing. Appointments to vacant positions shall be made in accordance with the Charter of the City, this chapter, and the personnel rules. Appointments and promotions in the competitive service shall be based on merit and fitness to be ascertained so far as practicable by competitive tests, which may be written, oral, practical demonstration, or a combination thereof, or any other form which will test fairly the qualifications of the applicants.
(b) Employment lists. When an appointment is to be made to a vacancy in the competitive service, the person having the power of appointment shall request, and the Director of Personnel shall transmit, the names of all persons on the appropriate employment or promotional list. Any person whose name appears on such list may be appointed to such vacancy.
(c) Criteria. In selecting personnel to fill positions in the City service, the basic criteria shall be to obtain the best qualified persons for the positions to be filled. Within the limitations of this criteria, consideration for appointments shall be first given to qualified City employees, next to residents of the community, and finally to those outside the community. It is recognized that the recruiting of some professional, quasi-professional, and technical personnel may generally be State-wide or even interstate. In any event, the broadest practical recruiting base shall be used in selecting candidates for City service positions.
(d) Provisional appointments. In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the employment standards for the class. An employment list shall be established within six (6) months for any regular position filled by provisional appointment. The City Manager, with the approval of the Council, may extend the period for any provisional appointment in accordance with the personnel rules.
During the period of the suspension of an employee or pending final action on proceedings to review the suspension, demotion, or dismissal of any employee, such vacancy may be filled only by a temporary or provisional appointment.
(§ 7, Ord. 16 C-M)
2-4.08 Probationary period.
All appointments to the competitive service, including promotional appointments, shall be for a probationary period of one year, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six (6) months. During the probationary period the employee may be rejected at any time without the right of appeal or a hearing.
An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from City service as provided in this chapter and the personnel rules.
An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred if, within one year after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.
(§ 8, Ord. 16 C-M, as amended by § 1, Ord. 419 C-M, eff. February 23, 1978)
2-4.09 Appointments subject to provisions.
The Council, City Manager, and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay-offs, and suspend or dismiss employees shall retain such power subject to the provisions of the Charter of the City, this chapter, and the personnel rules.
(§ 9, Ord. 16 C-M)
2-4.10 Suspensions.
Any person holding a position of employment in the City service shall be subject to disciplinary suspension without pay by the appointing authority, but such suspension shall not exceed a total of thirty (30) calendar days in any fiscal year. A department head not having the power of appointment may make disciplinary suspensions in accordance with the personnel rules.
Indefinite suspensions may be made pending an investigation of charges of misconduct, violations of the personnel rules, or violations of departmental rules or regulations. If the employee is completely exonerated, he shall be reinstated and shall be entitled to regular pay and salary supplement benefits; if the employee so suspended is not fully exonerated, he shall not be entitled to such pay and salary supplement benefits. In the event of a prolonged suspension resulting from an employee request for delay in a hearing before the Personnel Commission, the employee shall waive his rights under this section in lieu of dismissal or other action necessary to protect the City’s interest.
(§ 10, Ord. 16 C-M)
2-4.11 Notice of suspension, demotion, or dismissal.
Any employee who is suspended, demoted, or dismissed shall be furnished with a written notice of such action. Upon his written request, the employee shall be provided with a written statement of the reasons for such action.
(§ 11, Ord. 16 C-M)
2-4.12 Suspension, demotion, or dismissal: Hearing.
(a) Request for hearing. Any regular employee appointed by the City Manager in the competitive service shall have the right to request in writing a hearing before the Personnel Commission relative to any suspension, demotion, dismissal, and/or alleged violation of this chapter or the personnel rules, except in instances where the right of appeal is denied by the provisions of this chapter. Such a request shall be filed with the Director of Personnel within thirty (30) days following the mailing of written notice to such employee of such suspension, demotion, dismissal, or the occurrence of such alleged violation.
(b) Personnel Commission to hold. Within twenty (20) days after receipt by the Director of Personnel of a written request for a hearing before the Personnel Commission, the Commission shall hold a hearing. The hearing may be informally conducted and the rules of evidence need not apply.
(c) Findings and recommendations. Within ten (10) days after concluding the hearing, the Personnel Commission shall certify its findings and recommendations to the City Manager, or to any other official from whose action the appeal was taken, and to the employee affected.
(d) Review of findings. The City Manager, or other official from whose action the appeal was taken, shall review the findings and recommendations of the Personnel Commission and may then affirm, revoke, or modify the action taken as in his judgment seems warranted in public interest, and the action taken shall be final.
(§ 12, Ord. 16 C-M, as amended by § 1, Ord. 829-90 C-M, eff. February 22, 1990)
2-4.13 Reduction in force.
Whenever in the City’s interest it becomes necessary for reasons of economy or because the need for a position no longer exists, the City Manager may, in the classes for which he is the appointing authority, lay off, demote, or transfer an employee holding such position without filing written charges, and the employee affected shall not have the right of appeal.
(§ 13, Ord. 16 C-M)
2-4.14 Political activities prohibited.
No officer or employee of the City shall engage or participate in political activities of any kind:
(a) During any such person’s working hours and while assigned to work; or
(b) On any part of the City’s premises, except where such premises are open and available to the public generally for such activities.
(§ 14, Ord. 16 C-M, as amended by § 1, Ord. 26 C-M, and § 1, Ord. 829-90, eff. February 22, 1990)
2-4.15 Political activities permitted.
(§ 15, Ord. 16 C-M, repealed by Ordinance No. 829-90 C-M, effective February 22, 1990)
2-4.16 Solicitation of contributions.
(§ 16, Ord. 16 C-M, repealed by Ordinance No. 829-90 C-M, effective February 22, 1990)
2-4.17 Discrimination.
Except as otherwise provided by the general laws of the State heretofore or hereafter enacted, no person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged, or in any way favored or discriminated against because of political opinion or affiliations or because of race or religious beliefs.
(§ 17, Ord. 16 C-M)
2-4.18 Violations of certain provisions.
The violation of any provision of Sections 2-4.14 and 2-4.17 of this chapter shall be grounds for the discharge of any such officer or employee.
(§ 18, Ord. 16 C-M, as amended by § 1, Ord. 829-90 C-M, eff. February 22, 1990)
2-4.19 Contracts for special services.
The City Manager shall consider and make recommendations to the 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:
(a) The preparation of personnel rules and subsequent revisions and amendments thereto;
(b) The preparation of a position classification plan and subsequent revisions and amendments thereto;
(c) The preparation of a plan of compensation and subsequent revisions and amendments thereto;
(d) The preparation, conduct, and grading of competitive tests and the certification of employment lists; and
(e) Special and technical services of an advisory or informational character on matters relating to personnel administration.
(§ 19, Ord. 16 C-M)
2-4.20 Appropriation of funds.
The Council shall appropriate such funds as are necessary to carry out the provisions of this chapter.
(§ 20, Ord. 16 C-M)
2-4.21 Criminal conduct: Ineligibility for employment.
(a) No person convicted (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be eligible for service or employment by any department of the City; provided, however, the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances, exist, such as, but not limited to, the evidence of rehabilitation, the length of time elapsed since such conviction, the age of such person at the time of the conviction, or the fact that the classification applied for is unrelated to such conviction.
(b) The appointing authority shall give notice of disqualification to an applicant disqualified under this section by written notice either personally delivered or mailed to the applicant at the address shown on the application for employment. An applicant who is disqualified for employment under this section may appeal such determination of disqualification by filing a written appeal with the City Manager within ten (10) days after the date of the notice of disqualification. The Personnel Commission shall hear and determine the appeal within sixty (60) days after it is filed.
Notwithstanding the foregoing provisions of this section, an applicant for a peace officer position shall be disqualified, without the right of appeal, from employment if the applicant shall have been convicted of a felony.
(c) The City Manager, Director of Personnel, City Attorney, Chief of Police, and each appointing authority of the City are hereby authorized to have access to the “State Summary Criminal History Information” provided for in Section 11105 of the Penal Code of the State when such information is required to assist such individual to fulfill the employment responsibilities set forth in this section.
(§ 1, Ord. 415 C-M, eff. January 12, 1978)