Chapter 2.44


2.44.010    Adopted.

2.44.020    Definitions.

2.44.030    Personnel officer.

2.44.040    Repealed.

2.44.050    Repealed.

2.44.060    Exempted employees.

2.44.062    Exempted officials.

2.44.070    Rules adoption and amendment.

2.44.080    Appointments.

2.44.090    Probationary period.

2.44.100    Continuation of employment.

2.44.110    Repealed.

2.44.120    Disciplinary action.

2.44.130    Appeal.

2.44.140    Layoff and reemployment.

2.44.150    Political activity.

2.44.160    Discrimination prohibited.

2.44.170    Right to contract for special service.

2.44.180    Effective date.

2.44.190    No conflict with federal or state law.

2.44.200    Preemption.

2.44.010 Adopted.

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 forth in this chapter is adopted. (Ord. 988 § 1 (part), 2014: Ord. 381 § 1, 1974)

2.44.020 Definitions.

As used in this chapter, the following terms shall be defined as indicated:

A. “Appointing authority” means the city manager, who is the appointing authority of employees in the competitive service; provided, however, the city manager may delegate in writing the appointing authority to any department head.

B. “Class” means all positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

C. “Competitive service” means all positions of employment in the service of the city except those specifically excluded by this chapter.

D. “Days” means calendar days unless otherwise stated.

E. “Demotion” means the movement of an employee from one class to another class having a lower maximum rate of pay.

F. “Employment list” means a list of names of persons who may be considered for employment with the city under specified conditions.

G. “Examination” means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

H. “Layoff” means the separation of employees from the active workforce due to lack of work or funds, or to the abolition of positions by the city council for the above reasons, or due to organizational changes.

I. “Position” means a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

J. “Probationary period” means a working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she is appointed by actual performance of the duties of the position.

K. “Promotion” means the movement of an employee from one class to another class having a higher maximum rate of pay.

L. “Provisional appointment” means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

M. “Reinstatement” means the reemployment without examination of a former regular employee or probationary employee.

N. “Suspension” means the temporary separation from the service of an employee without pay, for disciplinary purposes.

O. “Transfer” means a change of an employee from one position to another position in the same class or in a comparable class.

P. “Regular” means a position in the competitive service that is, regardless of the number of hours worked per week, intended to be continuous and uninterrupted (except for authorized or unpaid leave) and receives benefits. Positions intended to be seasonal, of a limited term, on call only, emergency, intermittent, substitute or on any other irregular basis are not “regular.” (Ord. 988 § 1 (part), 2014: Ord. 829 § 1, 2001; Ord. 381 § 2, 1974)

2.44.030 Personnel officer.

The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him or her 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 2.44.170. The personnel officer shall:

A. Act as the appointing authority for the city;

B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;

C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;

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. Have the authority to discipline employees in accordance with this chapter and the personnel rules of the city;

F. Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving of applications therefor, the conducting and grading of tests, and the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service. (Ord. 988 § 1 (part), 2014: Ord. 381 § 3, 1974)

2.44.040 Personnel board – Designated.

Repealed by Ord. 988. (Ord. 381 § 4, 1974)

2.44.050 Personnel board – Duties.

Repealed by Ord. 988. (Ord. 381 § 5, 1974)

2.44.060 Exempted employees.

The provisions of this chapter apply to all employees in the service of the city, except:

A. The city manager and any assistant city manager;

B. Any department head, including the chief of police, whose first date of employment is July 1, 2001, or after;

C. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood, or earthquake;

D. Employees who are not “regular” (as defined in Section 2.44.020(P)) employees. (Ord. 988 § 1 (part), 2014: Ord. 829 § 2, 2001; Ord. 381 § 6, 1974)

2.44.062 Exempted officials.

The provisions of this chapter do not apply to any of the following:

A. Elective officers;

B. Members of appointive boards, commissions, and committees;

C. Persons engaged under contract to supply expert, professional, technical or any other services;

D. Volunteer personnel;

E. City attorney, whether or not he or she is an employee. (Ord. 988 § 1 (part), 2014: Ord 829 § 3, 2001)

2.44.070 Rules adoption and amendment.

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 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. 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. Public announcement of all tests and acceptance of applications for employment;

C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

D. Certification and appointment of persons from employment lists and the making of provisional appointments;

E. Establishment of probationary periods;

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. The establishment of adequate personnel records;

J. The establishment of appeal procedures concerning the interpretation of application of this chapter and any rules adopted under this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 7, 1974)

2.44.080 Appointments.

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 may 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. The probationary period shall be considered an extension of the examination process. 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. (Ord. 988 § 1 (part), 2014: Ord. 381 § 8, 1974)

2.44.090 Probationary period.

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. Appointments to public safety positions will ordinarily be twelve months. That period may be reduced (but not below six months) if the chief of police so recommends and the city manager approves. Such a recommendation should only be made after the chief has had ample opportunity to evaluate the officer. 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 or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service as provided in this chapter and the rules.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he or she was promoted or transferred if action is taken to reject him or her unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (Ord. 988 § 1 (part), 2014: Ord. 831, 2001; Ord. 381 § 9, 1974)

2.44.100 Continuation of employment.

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, has 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 or her 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. 988 § 1 (part), 2014: Ord. 381 § 10, 1974)

2.44.110 Attendance and leaves for full-time exempt positions.

Repealed by Ord. 988. (Ord. 381 § 11, 1974)

2.44.120 Disciplinary action.

The appointing authority shall have the right, for due cause, to demote, dismiss, reprimand, reduce in pay, or suspend without pay any regular non-sworn employee in accordance with procedures included in the personnel rules.

Notwithstanding any provision in this rule to the contrary, public safety personnel in the police department are subject to provisions of the Public Safety Officers Procedural Bill of Rights (POBR), as set forth in Government Code Section 3300 et seq., and wherever any provisions of these rules and regulations conflict with provisions of the POBR, the provisions of the POBR shall prevail.

The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 988 § 1 (part), 2014: Ord. 381 § 12, 1974)

2.44.130 Appeal.

Any employee in the competitive service shall have the right to appeal any disciplinary action, or alleged violation of this chapter, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted under this chapter or the personnel rules.

All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 13, 1974)

2.44.140 Layoff and reemployment.

Whenever in the judgment of the city council or the appointing authority it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city council or the appointing authority may abolish any position or employment in the competitive service; and the employee holding such position for employment may be laid off without taking disciplinary action.

The order of layoff of employees shall follow the process outlined in the personnel rules adopted pursuant to this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 14, 1974)

2.44.150 Political activity.

The political activities of city employees shall conform to pertinent provisions of state and federal law. (Ord. 988 § 1 (part), 2014: Ord. 381 § 15, 1974)

2.44.160 Discrimination prohibited.

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against, because of political opinions or affiliations, race, color, ancestry, national origin, religious creed, sex, age, sexual orientation, or gender identity or because of the exercise of his or her rights under Section 3502 of the Government Code. (Ord. 988 § 1 (part), 2014: Ord. 381 § 16, 1974)

2.44.170 Right to contract for special service.

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, conduct and grading of competitive tests;

D. The conduct of employee training programs;

E. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 988 § 1 (part), 2014: Ord. 381 § 17, 1974)

2.44.180 Effective date.

The ordinance codified in this chapter shall become effective immediately after the date of final passage by the city of Capitola city council. (Ord. 988 § 1 (part), 2014)

2.44.190 No conflict with federal or state law.

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Ord. 988 § 1 (part), 2014)

2.44.200 Preemption.

The provisions of this chapter shall be null and void if state or federal legislation, or administrative regulation, takes effect with the same or substantially similar provisions as contained in this chapter. The city council shall determine whether or not identical or substantially similar statewide legislation has been enacted or regulations issued. (Ord. 988 § 1 (part), 2014)