CHAPTER 11
PERSONNEL SYSTEM

2.11.002 Purpose.

The purpose of this personnel system is to establish an equitable and uniform system for dealing with personnel matters, to provide for a competitive service based on merit for nonmanagement, full-time employees, and to comply with applicable laws relating to the administration of personnel.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.004 Applicability.

The provisions of this chapter pertaining to the competitive service shall apply to all officers, positions and employments in the service of the City, except:

a.    Elected officers;

b.    The City Manager;

c.    The City Attorney and other City Attorney staff;

d.    Members of appointed boards, commissions and committees;

e.    Department heads and other management positions designated by the City Manager;

f.    Persons engaged under contract to supply expert, professional, technical or any other services for the City;

g.    Volunteer personnel;

h.    All Council-appointed City officers;

i.    Emergency employees who are hired to meet the immediate requirements of an emergency condition;

j.    Any position primarily funded under a State or Federal employment program;

k.    Any position primarily funded from an outside grant program or from any other funding outside the City budget;

l.    Any other employee who is not regularly employed in a permanent position. "Regularly employed in a permanent position" means an employee who is hired for an indefinite term into an approved, budgeted position within the competitive service, who is regularly scheduled to work full-time hours and has successfully completed the probationary period.

Employees not included in the competitive service under this section shall serve at the pleasure of the appointing authority and may be terminated at will, with or without cause or notice, and without any right of appeal, hearing or grievance procedure.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.006 Personnel Standards.

Standards implementing the personnel system shall be adopted by resolution of the City Council. They shall include, but not be limited to:

a.    Definitions used to administer the personnel system;

b.    Preparation, adoption, revision, and maintenance of a position classification plan covering all approved and budgeted positions in the competitive service, including employment standards, qualifications, and essential functions for each class;

c.    Preparation, adoption, and revision of a compensation plan for all approved and budgeted positions in the competitive service;

d.    Appropriate announcement, testing and selection process for the certification and appointment of individuals for employment;

e.    Establishment of appropriate probationary testing periods;

f.    Evaluation of employees during probationary period and thereafter;

g.    Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

h.    Separation of employees from City service;

i.    The establishment and maintenance of personnel records;

j.    The establishment of any necessary appeal procedures.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.008 Administration of Personnel System/Authority of City Manager.

The City Manager shall administer the City’s personnel system and shall have the authority to:

a.    Act as the appointing authority for the City as to all employees except the City Attorney.

b.    Prepare and recommend to the City Council personnel standards and revisions and amendments to such standards.

c.    Administer all the provisions of this chapter and of the personnel standards not specifically reserved to the City Council.

d.    Direct the preparation of a classification plan, including class specifications and revisions to the plan subject to approval by the City Council.

e.    Direct the preparation of a compensation plan, including steps for pay increases within classifications for all approved, budgeted positions, subject to approval by the City Council.

f.    Provide increases in compensation for employees as set forth in the compensation plan that are budgeted and approved by the City Council.

g.    Have the authority to discipline employees in accordance with this chapter and the personnel standards.

h.    To delegate any of the powers and duties of this chapter to a staff member or any other officer or employee of the City or to recommend that such powers and duties be performed under contract.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.010 Appointments.

The City Manager has the authority to appoint employees to fill all positions in the City except for those positions appointed by the City Council. The City Manager may delegate the appointing authority to any other officer or employee of the City. Appointments to vacant positions in the competitive service shall be:

a.    Made in accordance with the personnel standards.

b.    Based on merit and fitness as determined to the extent possible by competitive examination.

1)    Physical, medical and psychological tests may be given as part of any examination after a conditional offer of employment has been extended to an applicant.

2)    The probationary period shall be considered an extension of the examination process.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.012 Probationary Period.

All regular appointments in the competitive service, including promotional appointments, shall be for a probationary period of one year. In the event the City decides not to contract out for law enforcement services, any appointments for a law enforcement position included in the competitive service shall be for a probationary period of eighteen (18) months. The probationary period shall commence from the date of appointment. The appointing authority may extend such probationary period up to six additional months by notifying the employee in writing prior to the expiration of the probationary period. Absence from work due to illness, injury or any other reason shall extend the length of the probationary period by the amount of time the probationary employee is absent from work. During the probationary period, the employee may be rejected from employment at any time, with or without cause or notice and without any right of appeal, hearing, or grievance procedure.

A regular employee in the competitive service who is rejected during the probationary period from a position to which the employee has been promoted shall be reinstated to a position in the class from which the employee was promoted unless the employee is discharged from City service as provided in the personnel standards.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.014 Status of Current Employees.

Any employee holding a position included in the competitive service on the effective date of the ordinance codified in this chapter shall be expected to serve a one-year probationary period (or in the event it is created, an eighteen (18) month probationary period for a law enforcement position included in the competitive service) computed from the date of appointment or employment of that employee. If the employee has served continuously in such position for the City for more than the applicable probationary period set forth above, the employee shall assume regular status in the competitive service and shall be subject to all provisions in this chapter and the personnel standards. If the employee has served continuously for less than the applicable probationary period, the employee shall be regarded as probationary and must serve out the balance of the probationary period as prescribed in this chapter.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.016 Disciplinary Action.

The City Manager shall have the authority to reprimand, demote, suspend, reduce in pay, or discharge any regular employee in the competitive service for cause provided in the personnel standards.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.018 Lay-Off and Re-employment.

Lay-off and re-employment actions shall follow the process provided in the personnel standards.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)

2.11.020 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.

(Sec. 1, Ordinance No. 12-14, adopted September 9, 2014)