Chapter 2.32
PERSONNEL1
Sections:
2.32.010 Personnel system adopted – Purpose.
2.32.020 Rules and regulations.
2.32.030 Personnel officer designated – Powers and duties.
2.32.040 Exceptions to chapter applicability.
2.32.050 Status of present employees.
2.32.060 Appointment procedures.
2.32.070 Discrimination prohibited.
2.32.090 Attendance and leave provisions – Applicability to exempt positions.
2.32.100 Contracts for special services.
2.32.110 Appropriation of funds.
2.32.120 Demotion, dismissal, reduction in pay and suspension conditions.
2.32.130 Layoff and reemployment.
2.32.160 Prohibited employee activities.
2.32.170 Permitted political activities.
2.32.180 Solicitation of contributions permitted.
2.32.010 Personnel system adopted – Purpose.
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; and to provide a reasonable degree of security for qualified employees, the personnel system set out in this chapter is adopted. (Ord. 835 § 1(part), 2012; Ord. 384 § 1(part), 1984; Ord. 182 § 1, 1973. Formerly 2.32.020).
2.32.020 Rules and regulations.
A. Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council, and at least five days prior to the city council consideration. The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution, or regulation or amendment thereof proposed to be adopted by the city council (optional if not within the scope of representation). Amendments and revisions may be suggested by an interested party, and shall be processed as provided in the personnel rules.
B. The rules shall establish regulations governing the personnel system, including:
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, administration of a plan of compensation directly correlated within the position classification plan providing a rate or range of pay for each class;
3. Public announcement of all tests, and acceptance of applications for employment;
4. Preparation and conduct of tests, and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
5. Certification and appointment of persons from employment lists, and the making of provisional appointments;
6. Establishment of probationary periods;
7. Evaluation of employees during the probationary period;
8. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
9. Separation of employees from the city service;
10. Standardization of hours of work, attendance and leave regulations, working conditions, and the development of employee morale, welfare and training;
11. Establishment of adequate personnel records;
12. Establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder;
13. Any other procedures and regulations necessary to carry out the provisions of this chapter. (Ord. 835 § 1(part), 2012; Ord. 384 § 1 (part), 1984; Ord. 182 § 7, 1973. Formerly 2.32.030).
2.32.030 Personnel officer designated – Powers and duties.
A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved for the city council.
B. Prepare and recommend to the city council personnel rules, and revisions and amendments to such rules.
C. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council.
D. Provide for the publishing or posting of notice of open positions, the receiving of applications therefor, and the conducting of interviews and grading of tests as required, and the appointment to the appropriate position.
E. Prepare a plan of compensation, and revisions thereof, covering all classifications. The plan, and any provisions thereof, shall become effective upon approval by the council.
F. Consult with appropriate supervisory personnel during the personnel selection process. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 284 §§ 1 and 2, 1979; Ord. 182 § 7, 1973. Formerly 2.32.040).
2.32.040 Exceptions to chapter applicability.
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city except:
A. City manager;
B. Elective officers;
C. Members of appointive boards, commissions and committees;
D. Persons engaged under contract to supply expert, professional, technical, or any other services;
E. Volunteer personnel, such as volunteer firemen;
F. City attorney;
G. 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;
H. Employees, other than those listed in this section, who are not regularly employed in permanent positions;
I. Chief of police;
J. New department head positions filled after January 1, 2008. (Ord. 835 § 1(part), 2012; Ord. 814 § 1, 2008: Ord. 661 § 1, 1997: Ord. 397 § 1, 1984: Ord. 384 § 1(part), 1984; Ord. 182 § 6, 1973. Formerly 2.32.060).
2.32.050 Status of present employees.
A. Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, 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 chapter and the personnel rules.
B. 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. (Ord. 835 § 1(part), 2012; Ord. 384 § 1(part), 1984; Ord. 182 § 10, 1973. Formerly 2.32.070).
2.32.060 Appointment procedures.
Appointments to vacant positions shall be made in accordance with the personnel rules. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 182 § 8, 1973. Formerly 2.32.080).
2.32.070 Discrimination prohibited.
The personnel rules shall contain a policy prohibiting discrimination and harassment based on protected classification. (Ord. 835 § 1(part), 2012: Ord. 384 § 1 (part), 1984; Ord. 182 § 18, 1973. Formerly 2.32.090).
2.32.080 Probationary period.
All regular appointments, including promotional appointments, shall be subject to a probationary period of six months or longer as determined by, and in accordance with, the personnel rules.
An employee rejected during the probationary period from a position to which he/she has been promoted shall be reinstated to the previous position unless he is discharged in the manner provided in the personnel rules. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 347 § 1, 1982: Ord. 343 § 1, 1982; Ord. 182 § 9, 1973. Formerly 2.32.100).
2.32.090 Attendance and leave provisions – Applicability to exempt positions.
The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, unless otherwise specified. (Ord. 835 § 1(part), 2012; Ord. 384 § 1(part), 1984; Ord. 182 § 11, 1973. Formerly 2.32.110).
2.32.100 Contracts for special services.
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 chapter:
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 of a plan of compensation, and subsequent revisions and amendments thereof;
D. The preparation, conduct and grading of competitive tests;
E. The conduct of employee training programs;
F. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 835 § 1(part), 2012; Ord. 384 § 1(part), 1984; Ord. 182 § 20, 1973. Formerly 2.32.120).
2.32.110 Appropriation of funds.
The council shall appropriate funds as are necessary to carry out the provisions of this chapter. (Ord. 835 § 1(part), 2012; Ord. 384 § 1(part), 1984; Ord. 182 § 21, 1973. Formerly 2.32.130).
2.32.120 Demotion, dismissal, reduction in pay and suspension conditions.
Any demotion, dismissal, reduction in pay or suspension shall be made in accordance with the personnel rules. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 182 § 12, 1973. Formerly 2.32.140).
2.32.130 Layoff and reemployment.
Whenever in the judgment of the city council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city council may abolish or reduce any position or employment in the competitive service; and the employee holding such position for employment may be laid off without taking disciplinary action and without the right of appeal.
Layoffs and reemployment shall be made in accordance with the personnel rules. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 182 § 14, 1973. Formerly 2.32.150).
2.32.140 Termination.
Terminations shall be made in accordance with the personnel rules. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 182 § 15, 1973. Formerly 2.32.160).
2.32.150 Right of appeal.
All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules. (Ord. 835 § 1(part), 2012: Ord. 384 § 1(part), 1984; Ord. 284 § 5, 1979: Ord. 182 § 13, 1973. Formerly 2.32.170).
2.32.160 Prohibited employee activities.
A. 1. During hours of work, or when dressed in the uniform required in any department of the city government, or when wearing any city insignia required or permitted in any department of the city government, no employee of the city shall participate in any political activity of any kind, whether nomination, campaign or election, within this city, district, county or state.
2. No city employee shall engage in any political activity of any kind while on the premises of City Hall or while present in any other building owned by the city.
3. No one who holds, or who is seeking election or appointment to, any office or employment in the city shall, directly or indirectly, use, promise, threaten or attempt to use any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position, within the city, upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee’s action.
4. No employee of the city shall engage in any political activities prohibited by state law.
5. An officer or employee of the city shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the city or from persons on the employment lists of the city. Nothing in this subsection prohibits an officer or employee of the city from communicating through the mail or by other means requests for political funds or contributions to a significant segment of the public which may include officers or employees of the city.
B. The violation of any provisions of this section is grounds for discharge of any officer or employee. (Ord. 835 § 1(part), 2012; Ord. 390 § 1, 1984: Ord. 384 § 1(part), 1984; Ord. 182 § 16, 1973. Formerly 2.32.180).
2.32.170 Permitted political activities.
This chapter does not prevent any officer or employee from:
A. Becoming or continuing to be a member of a political club or organization;
B. Attendance at a political meeting;
C. Enjoying entire freedom from all interference in casting his vote;
D. Seeking or accepting election or appointment to public office;
E. Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or any other working conditions, provided such activity is not carried on during hours of work. (Ord. 835 § 1(part), 2012; Ord. 384 § 1(part), 1984; Ord. 182 § 17, 1973. Formerly 2.32.190).
2.32.180 Solicitation of contributions permitted.
Except as provided in Section 2.32.160, an officer or employee of the city is not prevented from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of the city. (Ord. 835 § 1(part), 2012; Ord. 390 § 2, 1984: Ord. 384 § 1(part), 1984; Ord. 182 § 19, 1973. Formerly 2.32.200).
For resolutions setting out regulations pertaining to employees and employment, see Resos. 74-45, 76-31, 77-59, 79-29 and 80-21.