Chapter 2.72 PERSONNEL SYSTEM*

Chapter 2.72
PERSONNEL SYSTEM*

2.72.010 Title.

2.72.020 System adopted.

2.72.030 Career, executive and exempt service.

2.72.040 Personnel board—Membership.

2.72.050 Personnel board—Officers.

2.72.060 Personnel board—Meetings—Quorum.

2.72.070 Personnel board—Powers and duties.

2.72.080 Adoption and amendment of rules.

2.72.090 Personnel administration.

2.72.100 Status of present employees.

2.72.110 Right to contract for special service.

2.72.120 Retirement plan—Contract with state.

* Prior history: Sections 16.1 — 16.30.

2.72.010 Title.

This chapter shall be referred to as the "Personnel Ordinance." (Ord. 866 § 2 (part), 1976).

2.72.020 System adopted.

Pursuant to the authority granted by Division 5 (Section 45000 et seq.) of Title 4 of the Government Code of the state of California, and in order to establish an equitable and uniform procedure for dealing with personnel matters through a department of personnel, and to place municipal employment on a merit basis so that the best qualified persons available shall be brought into the service of the city, the personnel system set forth in this chapter is adopted. (Ord. 866 § 2 (part), 1976).

2.72.030 Career, executive and exempt service.

The offices and positions of the city shall be divided into the career service, executive service, and exempt service. The provisions of this chapter shall apply to all offices and positions in the career service. Except as specifically designated in this chapter and the rules adopted pursuant to Section 2.72.080, neither this chapter nor the rules shall apply to the executive service or exempt service.

(1) The career service shall be comprised of all budgeted offices and positions in the government of the city not included in the executive service or the exempt service.

(2) The executive service shall include the city manager, heads of city departments, and other positions as may be specifically designated by the council.

(3) The exempt service shall include the following:

(A) All elected officials and members of boards and commissions;

(B) Persons serving the city as independent contractors;

(D) Volunteer personnel and personnel appointed to serve without pay;

(E) Persons employed to render the city expert service of occasional character;

(F) Positions involving seasonal, temporary, limited-term or exempt part-time employment as defined by the rules adopted pursuant to chapter;

(G) Persons employed to meet the immediate requirements of an emergency condition. (Ord. 1309 § 8 (part), 2007; Ord. 866 § 2 (part), 1976).

2.72.040 Personnel board—Membership.

(a) There is created a personnel board, which shall consist of five members to be appointed by the city council. Terms shall be for a period of four years. Vacancies on the personnel board shall be filled by appointment by the city council for the remaining portion of the unexpired term. The members of the personnel board appointed in accordance with the previous provisions of this chapter shall continue in office until expiration of their term. Each member shall serve until a successor is appointed. The city council may remove any member of the board from office prior to the expiration of his term by a four-fifths vote of the members of the city council.

(b) No person shall be appointed to the board who holds any salaried public office or other employment with the city, nor shall any member while a member of the board or for a period of one year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the city. (Ord. 866 § 2 (part), 1976).

2.72.050 Personnel board—Officers.

Annually, at a meeting in January, the personnel board shall select one of its members to serve as chairman for a one-year term to preside at all personnel board meetings and perform such other duties consistent with the office or as imposed by the city council. The personnel board shall also select a vice-chairman to serve in the absence of the chairman. (Ord. 866 § 2 (part), 1976).

2.72.060 Personnel board—Meetings—Quorum.

(a) The personnel board may adopt rules of procedure, determine the order of business for the conduct of its meetings, and meet periodically as required, other than the meeting in January to select a chairman. Special meetings may be called in a manner provided by Section 54956 of the Government Code of the state of California.

(b) Three members of the personnel board shall constitute a quorum for the transaction of business.

2.72.070 Personnel board—Powers and duties.

The personnel board shall have the power and be required as follows:

(1) To consider and recommend to the city council a set of rules to supplement this chapter and to recommend revisions and amendments thereof;

(2) To act in an advisory capacity to the city council on problems concerning personnel administration;

(3) As provided by this chapter and the rules adopted pursuant to Section 2.72.080, to hear and decide appeals relative to any matter connected with the employment status, condition of employment or discipline of any employee;

(4) To hold hearings and make recommendations to the city council on the adoption or revision of the position classification plan, class specifications, and the allocation and reallocation of positions;

(5) Upon request of the city council, to serve as a mediation, fact-finding or conciliation board in matters of employer-employee relations;

(6) To perform such other duties as may be requested by the city council. (Ord. 866 § 2 (part), 1976).

2.72.080 Adoption and amendment of rules.

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted at least five days prior to city council consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including but not limited to regulations regarding the following:

(1) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the career service, including employment standards and qualifications for each class;

(2) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan;

(3) Public announcement of all tests and acceptance of applications for employment;

(4) Conducting 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 and emergency appointments;

(6) Establishment of a probationary period and the evaluation of employees during the probationary period and thereafter;

(7) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees;

(8) Separation of employees from the city service;

(9) Abolition of any position of employment in the career service and the layoff of employees in connection therewith;

(10) The establishment of adequate personnel records;

(11) The establishment of grievance and appeal procedures;

(12) Provisions of hearing procedures on any appeal;

(13) Provisions governing the accrual and use of various leaves such as sick leave, vacation, holidays, and leave of absence;

(14) Such other matters as may be deemed desirable in a comprehensive and effective personnel program. (Ord. 866 § 2 (part), 1976).

2.72.090 Personnel administration.

The city council shall appoint a personnel officer whose duty it shall be to act in the capacity of clerk for the personnel board. The duties of personnel officer may be combined with those of any other office in the city. The city council may also appoint a person to carry out the duties of the personnel officer in case of the temporary absence of the personnel officer. The personnel officer shall do the following:

(1) Be the custodian of all personnel records and shall be the official upon or with whom all notices, requests for hearing, complaints and other official documents shall be served and filed;

(2) Attend all meetings of the personnel board;

(3) Administer all provisions of this chapter and the rules established hereunder, not specifically reserved to the city council or the personnel board;

(4) Under the direction of the personnel board, to prepare and recommend rules and amendments thereof for the consideration of the city council. (Ord. 866 § 2 (part), 1976).

2.72.100 Status of present employees.

Any person who upon the effective date of the ordinance codified in this chapter holds the position of a permanent employee in the career service shall continue as a permanent employee. Any person who on the effective date of the ordinance codified in this chapter holds the position of a probationary employee in the career service shall continue as a probationary employee until such person has served out the probationary period as prescribed at the time such person was appointed or employed. (Ord. 866 § 2 (part), 1976).

2.72.110 Right to contract for special service.

The city council may contract with competent state, county or other agency for the performance by such agency of such technical services as may be necessary in connection with the establishment of the personnel system and with its operation including the following:

(1) The public advertising of all examinations;

(2) The provision and maintenance of eligibility lists for the various positions in the career service;

(3) The holding of open, free competitive examinations and the administering of other suitable tests to fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed. (Ord. 866 § 2 (part), 1976).

2.72.120 Retirement plan—Contract with state.

The city council is authorized to enter into a contract with a California state employees’ retirement system to provide retirement, disability or other employee benefits and to amend such contract from time to time. (Ord. 866 § 2 (part), 1976).