Chapter 3.50
RECRUITMENT, SELECTION, PROMOTION AND DEMOTION
Sections:
3.50.010 General policy.
3.50.020 Types of positions and appointments.
3.50.030 Recruitment.
3.50.040 Filing of applications.
3.50.050 Selection of new employees.
3.50.060 Selection of current and former employees.
3.50.070 Probationary period.
3.50.010 General policy.
A. The mayor or his or her designee shall recruit all candidates for employment unless expressly provided otherwise in these rules.
B. The city shall not discriminate on the basis of race, national origin, color, age, religion, sex, political affiliation, marital or veteran status, ancestry, disability, or other legally protected status.
C. Position vacancies may be filled by promotion of existing city employees whenever practicable and in the best interest of the city, if such an employee is the most qualified applicant for the position. Applicants for promotions must meet the qualifications for the vacant positions as described in the recruitment announcement. The city is not required to promote such employees to vacant positions.
D. No person may be employed in a position in any department who is a family member of the department head, or the head of a division within a department. No person may be employed in a position supervised by a family member. No person may be employed in a position in any department who is a family member of another employee in the department without written, advance approval of the department head and the mayor. The mayor may, at any time, reevaluate the effect of having family members working in the same department taking into consideration the performance of either family member and the operational needs of the department. This reevaluation may result in the transfer or termination of one of the affected employees.
E. It is the policy of the city to maintain an alcohol and drug-free work place. Various personnel policies and procedures may be promulgated from time to time to implement this rule in accordance with applicable state and federal laws. Violations of such personnel policies and procedures may result in discipline, up to and including termination.
F. The mayor may establish and maintain appropriate eligible hiring lists for any positions deemed necessary and may establish policies and procedures for establishing and maintaining lists. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.50.020 Types of positions and appointments.
A. Regular Full-Time. A regular full-time position is one in which the work that is required is expected to be done during the whole of the work day, and is expected to require two thousand eighty (2,080) or more hours of work per year. An appointment to such a position occurs after an employee has satisfactorily completed the probationary period applicable to his or her position.
B. Regular Part-Time. A regular part-time position is one in which the work involved is to be done during a portion of a work day, such as on a morning, afternoon, or night shift. The work shall total less than two thousand eighty (2,080) hours per year but a minimum of one thousand forty (1,040) hours a year. A regular part-time appointment is an appointment to such a position. An appointment to such a position occurs after an employee has satisfactorily completed the probationary period applicable to his or her position.
C. Regular Seasonal. A regular seasonal position is one needed to perform city services on a recurring seasonal basis and can be either full-time or part-time. A seasonal position can be filled for any period of time up to nine months. An appointment to such a position occurs after an employee has satisfactorily completed the probationary period applicable to his or her position.
D. Temporary. A temporary position is one established for a defined period of time not to exceed six months except when the mayor extends the period of the temporary position. A temporary appointment is an appointment to such a position.
E. Nonregular Hourly. A nonregular hourly position is one needed to perform city services on a recurring basis, with the number of hours worked in a particular week varying from week to week. The total number of hours worked per year in a nonregular hourly position shall be less than one thousand forty (1,040). A nonregular hourly appointment is an appointment to such a position. A person holding a nonregular hourly position serves at-will and may terminate his or her employment or be terminated at any time with or without cause, and for any reason or no reason. A person holding a nonregular hourly position is not covered by any of the terms of this title and is not entitled to any of the rights and benefits provided to employees under these rules unless expressly stated otherwise in specific provisions of these rules.
F. Probationary. All appointments to positions in the city’s classified service, except temporary, nonregular hourly, intern, and seasonal positions, shall be on a probationary basis. The probationary period for full-time positions, except police officers, is six months, unless extended in accordance with Section 3.50.070(A). The probationary period for part-time positions is five hundred twenty (520) cumulative hours of service unless extended in accordance with Section 3.50.070(A). The probationary period for police officers is one year unless extended in accordance with Section 3.50.070(A).
1. Promoted employees and transferred employees will serve a promotional or transfer probationary period of six months.
2. All probationary periods may be extended once for up to three months.
G. Intern. A paid position which allows training opportunities within city departments, particularly for high school and college age individuals. The position is temporary, but may extend beyond six months. The hourly pay will be at the minimum pay for Grade 1 or minimum wage, whichever is higher, of the city pay scale. Each city department is responsible for preparing position descriptions for any intern working within that department. A person holding an intern position serves at-will and may terminate his or her employment or be terminated at any time with or without cause, and for any reason or no reason. A person holding an intern position is not covered by any of the terms of this title and is not entitled to any of the rights and benefits provided to employees under these rules unless expressly stated otherwise in specific provisions of these rules. An intern appointment is an appointment to such a position. Unpaid intern positions are filled by volunteers who are also not covered by any of the terms of this title and are not entitled to any of the rights and benefits provided to employees under these rules unless expressly stated otherwise in specific provisions of these rules. (Ord. 04-79 § 4, 2004: Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.50.030 Recruitment.
A. Vacant positions in a small work force make getting the job done difficult for the remaining employees. Therefore, as soon as practicable after receiving the resignation of an employee, or in the event of a position vacancy, if the position is to be filled, the mayor or his or her designated representative shall solicit applications for that position. If a qualified person is available among existing city employees, the mayor may, at his or her discretion, recruit from the existing city employees. Alternatively, recruitment may include new applicants. Recruitment may be conducted with the assistance of employment referral services.
B. Employees in layoff status for twelve (12) months or less, who requested reemployment in writing and otherwise qualify for reemployment rights, shall be considered for vacancies for which they are qualified and for which they have applied. A person so reemployed shall not be subject to a probationary period if one was previously completed and he or she is reemployed in his or her former position.
C. Confidential or managerial positions that are wholly or partially exempt from the classified service may be filled without regard to the above recruiting process by direct appointment of qualified individuals, at the discretion of the mayor.
D. The city may require examination of qualified applicants to ensure they are qualified for the position and to assist in rating and ranking of applicants. Policy and procedures for examining applicants may be written at the discretion of the mayor. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.50.040 Filing of applications.
Applications for employment shall be filed with the city or its designee on or prior to the closing date specified in the announcement and shall constitute an integral part of every recruitment. The mayor may require information as to education, training and experience of the applicant, examinations and such other information as he or she may deem pertinent and may require any applicant to submit documented proof of the possession of any license, certificate, degree or other qualification claimed or required and may refuse credit for such qualifications in the absence of appropriate documentation. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.50.050 Selection of new employees.
A desired selection by a department head shall be reported to the mayor for his or her appointment action. No offers of employment, transfer or promotion (either oral or written) will be made by anyone without the approval of the mayor. No new hire, transfer or promotion may take effect until final processing by the human resources department without the express approval of the mayor. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.50.060 Selection of current and former employees.
A. Reinstatement and Reemployment.
1. Return from Military Leave. A city employee who returns from military leave shall be reinstated to his/her former position if the city is required to do so under state or federal law.
2. Reinstatement as a Result of Successful Appeal. If, through the procedures established in Chapter 3.75 of this title, it is determined that an employee who has obtained a regular appointment has been dismissed without just cause, the employee may be reinstated to his or her former position.
3. Reemployment After Layoff. An employee who has attained a regular appointment who is in layoff status for twelve (12) months or less, and who has requested reemployment in writing, may be reemployed within one year from the effective date of his or her layoff. The mayor may approve reemployment if the candidate qualifies for the vacant position. A reemployed employee shall have his or her service time adjusted to his or her original date of employment less the time off the payroll, to establish his or her adjusted service date. He or she shall be eligible to receive a merit increase (if deserved and funds are available) in the next annual focal review process.
B. Promotion. A promotion is the movement of an employee from a position in one grade to a position in another grade having a higher pay range. Vacancies in the classified service shall be filled by promotion whenever practicable and in the best interest of the city if the employee who applies for promotion is the most qualified applicant for the position. Applicants for promotions must meet the qualifications for the vacant positions as described in the recruitment announcement. The city is not required to promote such employees to vacant positions. Promoted employees will serve a promotional probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. All paid time off and benefits will continue during this probationary period. Employees dismissed during the promotional probationary period may return to their previous position only if it is vacant at the time of dismissal, otherwise the employee will be laid off. Promotions shall be based upon merit and shall be made in accordance with the procedures established in these rules.
C. Transfer. A transfer is the lateral movement from one position to another position in the same grade, without any break in service. The transfer may be within a department, or from one department to another. Transferred employees will serve a transfer probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. A transferred employee will continue to accrue paid time off and receive benefits during this probationary period as long as the employee has already successfully completed a probationary period. Employees dismissed during the transfer probationary period may return to their previous position only if it is vacant at the time of dismissal, otherwise the employee will be laid off. The mayor may require a written exam or other documentation for the purpose of determining the employee’s qualifications for the new position. All transfers shall be reviewed by the mayor prior to taking effect.
1. Within a Department. Transfer of a qualified employee within a department from one position to another in the same grade may be made without examination or certification at the discretion of the department head.
2. Between Departments. At the joint request of department heads and with prior approval of the mayor, a qualified employee may be transferred from one position to another in the same grade, between two departments.
3. Employee Request. An employee may request transfer from one department to another. He or she shall send his or her written request to the mayor with a copy to the department head. If transfer is approved by the mayor, the employee’s name will be added as a candidate to the eligibility list for any position vacancy that occurs, for consideration by the department head concerned.
4. Involuntary. Any transfer between departments without the consent of the employee must be approved in advance by the mayor. The department heads concerned shall initially furnish an explanation in writing of the reasons for the change or transfer, and the employee will receive two weeks’ notice, unless the circumstances warrant less notice or no notice, or the employee waives the notice requirement.
5. Transfers or promotions shall be completed with the mutual agreement of the department heads concerned and shall normally be effective within two weeks of acceptance, or at the start of the next pay period.
6. Employee Notice of Transfer. Upon approval of the mayor, and before completion of any transfer, the employee shall be notified in writing of any change in status including but not limited to pay and any requirement for serving a probationary period.
D. Demotion. The movement of an employee to a position in one grade to a position in another grade with a lower pay range (“lower grade”) is a demotion. An employee may be demoted into a lower grade position vacancy with the approval of the department head for that vacant position and the mayor. Such a demotion requires that the employee be qualified for the position to which demotion is made. The mayor may require a written examination or other evidence of the employee’s qualifications. A demoted employee shall serve a demotion probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. A demoted employee will continue to accrue paid time off and receive benefits during this probationary period as long as the employee has already successfully completed a probationary period.
1. Reasons:
a. For lack of work or as a result of disciplinary action. An employee may be demoted for lack of work in his or her position, or as a result of disciplinary action. An employee who has attained a regular appointment may challenge his or her demotion for disciplinary reasons in accordance with Chapter 3.75 of this title.
b. Employee Requests. If for personal or other reasons, an employee requests in writing that he or she be assigned to a vacant position in a lower grade, the department head for that vacant position may make such a demotion with prior approval of the mayor in writing. In such cases, the demotion will be deemed to have been made on a voluntary basis. Such a demotion shall not be made to a position unless it is vacant.
c. As a result of budget adjustments or personnel reorganization by the mayor or city council, employees may be transferred and/or demoted into other positions at the discretion of the mayor.
2. From Confidential/Managerial to Classified Service.
a. An employee serving in a confidential/managerial position who previously held a position in the classified service, and who requests to return to the classified service, may be placed in a vacant classified position with the approval of the department head and the mayor. Such a demotion shall be allowed only if the employee is qualified to hold the position sought in the opinion of the mayor. The mayor may require a written examination or other evidence of the employee’s qualifications.
b. In all other situations, an employee serving in a confidential/managerial position shall be required to compete for appointment to a position in the classified service in accordance with the provisions of this title.
3. Demotions are accompanied by a pay decrease. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.50.070 Probationary period.
A. The probationary period for full-time positions, except police officers, is six months unless extended in accordance with this section. The probationary period for part-time positions is five hundred twenty (520) cumulative hours of service, unless extended in accordance with this section. The probationary period for police officers is one year unless extended in accordance with this section. Employees who successfully transfer to become a police officer will be required to serve an additional one year probation.
1. Promoted, transferred, or demoted employees will serve a promotional, transfer, or demotion probationary period of six months.
2. All probationary periods may be extended once for up to three months.
B. An employee serving a probationary appointment who is separated from the service of the city prior to completion of the probationary period shall not be compensated for earned paid time off, other fringe benefits, or retain any service credits which may have accumulated during this probationary period. An employee who is terminated during this probationary period shall lose all accumulated paid time off.
C. Probationary employees are at-will employees who may be disciplined, up to and including termination, at any time during the probationary period with or without cause, and for any reason or no reason. Discipline of a probationary employee is not grievable, and the employee shall not have access to the grievance process provided for in Chapter 3.75 of this title. The decision to terminate a probationary employee will be made by the mayor after consultation with an attorney.
D. A demoted employee shall serve a demotion probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. A demoted employee will continue to accrue paid time off and receive benefits during this probationary period as long as the employee has already successfully completed a probationary period. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)