CHAPTER 3.04
PERSONNEL SYSTEM
I. General Provisions1
3.04.010 Adoption.
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 in this chapter is adopted. (Ord. 837 NCS § 1: prior code §2.88.)
3.04.020 Personnel officer.
The city manager shall be the personnel officer. The city manager may delegate, any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 3.04.060. The personnel officer shall:
For statutory provisions providing for holidays throughout the state, see Gov. Code §6700, et seq.
For statutory provisions on sick leave by public employees, see Gov. Code §45010.
For statutory provisions on military leave by public employees, see Mil. and Vet. Code §395, et seq.
A. Attend all meetings of the personnel board;
B. Administer all the provisions of this article and of the personnel rules;
C. Prepare and recommend to the city council personnel rules, and revisions and amendments to such rules. The city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;
D. 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;
E. Prepare or cause to be prepared a plan of compensation and revisions thereof, covering all classifications in the competitive service. The plan and any revisions thereof shall become effective upon approval by the city council;
F. Provide for the publishing or posting notices of tests for positions in the competitive service, the receiving of applications therefor, the conducting and grading of tests, and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.
(Ord. 837 NCS §1: prior code §2.89.)
3.04.030 Applicability of chapter.
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:
A. The city manager,
B. All department heads and the principal appointive officials of the city as set forth in Section 25 of the Charter;
C. Elective officers;
D. Members of appointive boards, commissions and committees;
E. Persons engaged under contract to supply expert, professional, technical or other services;
F. Volunteer personnel, such as volunteer firemen;
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 who do not hold a regular position in the service of the city. A "regular" position is defined as a position created by the city council and assigned to any existing classification within the classification plan. A regular employee is one who holds a regular position and who has successfully completed his or her probationary period, while a probationary employee is one who holds a regular position during a probationary period. (Ord. 1599 NCS §1, 1985: Ord. 837 NCS §1: prior code §2.92.)
3.04.040 Political activities of employees.
The political activities of city employees shall conform to pertinent provisions of state law. (Ord. 837 NCS §1: prior code §2.101.)
3.04.050 Discrimination prohibited.
The city is committed to treating each employee and job applicant in a fair and nondiscriminatory manner. Any appointment to or removal from a regular position in the competitive service or any term or condition of employment shall not be affected or influenced in any manner by any consideration of race, religious creed, color, natural origin, ancestry, handicap, mental condition, marital status, sex, age or veteran status, as defined under applicable state or federal law.2 (Ord. 1599 NCS §2, 1985: Ord. 837 NCS §1: prior code §2.102.)
3.04.060 City to contract 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 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. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 837 NCS §1: prior code §2.103.)
II. Rules and Regulations3
3.04.070 Adoption and amendment.
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:
A. 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;
B. Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range pay for each class;
C. Public announcement of all tests and acceptance of applications for employment;
D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
E. Certification and appointment of persons from employment lists and the making of provisional and emergency appointments;
F. Evaluation of employees during the probationary period;
G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
H. Separation of employees from the city service;
I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;
J. The establishment of adequate personnel records;
K. The establishment of grievance and appeal procedures.
(Ord. 837 NCS §1: prior code §2.93.)
3.04.080 Applicability of rules to certain exempt positions.
The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of all exempt positions except persons engaged under contract to supply expert professional or other services, volunteer personnel and emergency employees. (Ord. 837 NCS §1: prior code §2.97.)
III. Appointments and Promotions
3.04.090 General regulations.
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a part of any examination.
In any examination, the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor.
Appointments shall be made by the city manager in accordance with the powers and limitations of Section 24 of the Charter, or by the officer to whom the power to make appointments is delegated.
When appointment is to be made to a vacancy in the competitive service, the personnel officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list, in the order in which they appear on the list.
In the absence of appropriate employment lists, a provisional appointment may be made by the city manager of a person meeting the minimum training and experience qualifications for the position. A provisional employee may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the city manager by a provisional appointment subject to the provisions of this chapter and the personnel rules. (Ord. 837 NCS § 1: prior code §2.94.)
3.04.100 Probationary period.
All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.
An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position in the class from which he was promoted unless he is discharged from the 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 action is taken to reject him unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (Ord. 837 NCS §1: prior code §2.95.)
3.04.110 Status of present employees.
Any person holding a position included in the competitive service who, on the effective date of the ordinance codified herein,4 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.
Any other person 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. 837 NCS §1: prior code §2.96.)
IV. Changes in Employment Status
3.04.120 Demotion or dismissal — Generally.
The city manager shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for thirty calendar days, any regular or probationary employee. Notice of such action must be in writing and served on such employee personally or delivered via certified mail to the last known address prior to the action intended, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor. (Ord. 1599 NCS §3, 1985: Ord. 837 NCS §1: prior code §2.98.)
3.04.130 Appeal.
Any employee in the competitive service shall have the right to appeal to the personnel board any disciplinary action, interpretation or alleged violation of this chapter or the personnel rules adopted thereunder, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules adopted thereunder.
The personnel board shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested by the city clerk.
Each member of the personnel board shall have the power to administer oaths to witnesses.
All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to the authority of this chapter.
Notwithstanding the provisions of this municipal code, or other city enactments, the city manager may adopt alternative procedures for the appeal of employee discipline matters (including discharge), provided that the city manager must first exhaust meet and confer requirements pursuant to the Meyers-Milias-Brown Act, California Government Code section 3500, et seq., with any recognized employee organizations representing the disciplined employee(s). (Ord. 2167 NCS § 1, 2003: Ord. 837 NCS §1: prior code §2.99.)
3.04.140 Abolition of position.
Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position or employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions shall not be subject to written charges nor shall they have the right of appeal in such cases.
Seniority shall be observed in effecting such reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in regular and probationary status in the competitive service upon the effective date of the layoff. Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or regular employee.
For the purpose of determining order of layoff, total cumulative time shall include time served on military leave of absence.
The names of probationary and regular employees laid off shall be placed upon reemployment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities of those of the class of positions from which layoff was made.
Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served in probationary and regular status and shall remain on such lists for a period of one year unless reemployed sooner. (Ord. 1599 NCS §4, 1985: Ord. 837 NCS §1: prior code §2.100.)
Editor’s Note: For statutory provisions authorizing cities to establish personnel or civil service systems, see Gov. Code §45000, et seq.
Editor’s Note: Prior code §2.102 was amended during codification in accordance with the wishes of the city attorney in a letter dated August 3, 1972.
Editor’s Note: For statutory provisions on the payment of compensation by cities to appointive officers and employees, see Gov. Code §37206. For regulations governing the power of council to fix remuneration for city employees and officers, see Section 28 of the Charter.
Editor’s Note: The ordinance from which this Chapter was derived was posted on June 6, 1966, to become effective as provided by law.