Chapter 2.30
MERIT SYSTEM OF PERSONNEL ADMINISTRATION
Sections:
2.30.010 Principles of the city merit system.
2.30.020 Adoption and amendment of personnel policies, rules, and regulations.
2.30.030 Personnel administration.
2.30.040 Application of personnel policies, rules, and regulations.
2.30.060 Personnel policies, rules, and regulations.
2.30.080 Department head employment agreements.
2.30.090 City council restrictions in personnel matters.
2.30.010 Principles of the city merit system.
In establishing, regulating, and maintaining the city merit system and the personnel policies, rules, and regulations, it is the policy of the city of Folsom to:
A. Provide equal employment opportunity (EEO) to all employees or applicants without regard to illegal discriminatory characteristics in accordance with applicable federal, state, and local laws. Nondiscrimination principles shall apply to all aspects of the employment relationship, including, but not limited to, hiring, discipline, termination, promotions, transfers, reductions in force, compensation, benefits, and training.
B. Comply with all applicable federal, state, and local employment laws relating to the administration of a comprehensive personnel program.
C. Ensure that all persons at the workplace and/or involved in city operations have a work environment free of harassment, discrimination, abusive conduct, hostile work environment, and retaliation, including discrimination or harassment based on any legally protected class in accordance with all applicable federal, state, and local laws.
D. Prohibit any employee of the city to act in any way to undermine a person’s work performance or create an abusive, intimidating, hostile or otherwise offensive work environment.
E. Provide a system for addressing personnel matters that balances the needs of employees and the interests of the city.
F. Establish and maintain positive employee and labor relations.
G. Maintain open, publicly posted, and competitive recruitment and selection processes.
H. Employ the best qualified persons available and ensure that the tenure of every city employee will be based on compliance with laws, rules, and regulations (including city personnel policies, rules, and regulations) as well as satisfactory work performance.
I. Ensure that promotions will be made based on required knowledge, skills, abilities and other measures of fitness; that poor performance, incompetence, and inappropriate behavior will not be acceptable; and that no permanent employee will be subject to suspension, demotion, dismissal or other disciplinary action without complying with the applicable process set forth in the city personnel policies, rules, and regulations or the collective bargaining agreement.
J. Ensure that employees of the city of Folsom will be informed of their duties and responsibilities; that they will be provided with administrative and supervisory direction, and that they will be informed by their supervisor through periodic evaluation of the adequacy of their performance.
K. Prohibit any employee, contractor, or other agent of the city to engage in any type of illegal discriminatory conduct. (Ord. 1308 § 2 (part), 2020)
2.30.020 Adoption and amendment of personnel policies, rules, and regulations.
A. Pursuant to Section 4.04, as limited by 2.07(B) and 2.07(C) of the Folsom City Charter, and as further limited in implementation by the Meyers-Milias Brown Act of the state of California, the city manager is instructed and authorized to prepare and maintain a comprehensive system of personnel policies, rules, and regulations following the principles set out in this chapter.
B. The personnel policies, rules, and regulations shall be adopted and/or amended by the city manager. The city’s current personnel policies, rules, and regulations existing at the adoption of the ordinance codified in this chapter shall continue to have full force and effect until amended by the city manager.
C. The director of human resources may propose to the city manager, adopting new or amending existing personnel policies, rules, and regulations whenever the director believes it will be in the best interest of the city.
D. Prior to adoption, the city manager shall cause notice to be given to the appropriate employee labor organizations, if such amendments apply to employees covered by those labor organizations and are mandatory subjects of bargaining, and the city manager will consider comments submitted by employee organization representatives prior to final adoption.
E. Upon adoption or amendment, the adopted or revised personnel policies, rules, and regulations shall be distributed to affected employee organizations or employees and made available to any city employee requesting a copy. (Ord. 1308 § 2 (part), 2020)
2.30.030 Personnel administration.
A. The city manager is responsible for the overall administration of the city personnel system, and shall appoint, remove, dismiss, promote or discipline all employees of the city, shall transfer employees between departments and organizational components of the city, and order investigation of any employment or work-related complaint from or involving any city employee, and to assure the integrity of the city merit system of employment.
B. The city manager shall appoint a director of human resources to oversee and assure the proper administration of the personnel ordinance, personnel policies, rules, and regulations, and the city personnel merit system in all its aspects, and to administer all employee benefits, serve as the city labor relations officer for purposes of meeting and conferring with employees and their representatives, and further serve as the official upon or with whom all notices, requests for hearings, complaints and other official documents relative to city employee matters or affecting city employee shall be served or filed, and to perform such additional duties as the city manager shall assign. The director of human resources shall serve at the pleasure of the city manager under the terms of an employment agreement. (Ord. 1308 § 2 (part), 2020)
2.30.040 Application of personnel policies, rules, and regulations.
A. The provisions of the personnel policies, rules and regulations shall apply, in whole or in part, to all persons employed as classified employees or unclassified employees of the city. This includes the categories of unclassified non-employees, unclassified employees – contract, unclassified employees, and classified employees.
B. The personnel policies, rules and regulations are not intended to supersede any provisions of an existing collective bargaining agreement. If a provision of the personnel policies, rules, and regulations is directly covered by a provision of a collective bargaining agreement, the collective bargaining agreement shall prevail and the parallel provisions in the personnel policies, rules, and regulations shall not apply to the affected unit. This pertains to recognized bargaining units who represent and negotiate for all employee classifications within their unit.
C. The following employees shall be designated as exempt from the classification plan, the rules pertaining to recruitment and selection, and as specified in the policies, rules, and regulations: the city manager, the assistant city manager, the city attorney, all department heads, any confidential administrative assistants to the city manager or city attorney, and such other positions as designated by the city manager after concurrence by the city council. These employees shall be employed at the discretion and will of the city manager and the city manager shall determine all terms, benefits, and conditions of employment.
D. An employee designated as exempt from the classification plan shall be ineligible for any classified position in the city for a period of one year after the termination of any contract of employment. (Ord. 1308 § 2 (part), 2020)
2.30.050 Department rules.
A. The separate department directors of the city may propose to the city manager any policies, rules, and regulations needed to improve the performance of their department responsibilities due to their unique operational requirements. Such policies, rules and regulations shall be in accordance with the principles set out in this chapter.
B. Departmental personnel policies, rules, and regulations shall be reviewed and commented on by the director of human resources and shall be approved by the city manager prior to implementation or revision.
C. Departmental personnel policies, rules, and regulations shall be adopted and/or amended in accordance with Section 2.30.020. (Ord. 1308 § 2 (part), 2020)
2.30.060 Personnel policies, rules, and regulations.
The city merit system of personnel administration, as set out in detail in the personnel policies, rules, and regulations, shall address, but not be limited to, the following areas and be guided by the principles set out in this chapter:
A. Recruitment, testing, and certification.
B. Selection, appointments, and probationary periods.
C. Classification and pay.
D. Performance evaluation and merit increases.
E. Training and development.
F. Discipline, grievances, and appeals.
G. Hours and working conditions.
H. Employee conduct.
I. Leaves and holidays.
J. Downsizing.
K. Employee relations.
L. Benefits administration. (Ord. 1308 § 2 (part), 2020)
2.30.070 Records and reports.
A. The director of human resources shall be responsible for producing the forms required to comply with the personnel policies, rules, and regulations.
B. The director of human resources shall be responsible for maintaining the official file of personnel records relating to each employee in city service as required by law. These files shall contain information as required by law or as deemed appropriate by the director of human resources.
C. The department directors of the city are responsible for sending all records and reports that are to be kept in an employee personnel file to the department of human resources.
D. The director of human resources shall compile and file reports as are required.
E. All medical information regarding city employees shall be maintained in separate files and stored securely. Medical records shall not be placed in an employee’s personnel file.
F. All workers’ compensation information regarding city employees shall be maintained in separate files and stored securely. Workers’ compensation records shall not be placed in an employee’s personnel file.
G. All I-9 forms shall be maintained in separate files and stored securely. I-9 forms shall not be placed in an employee’s personnel file.
H. Employees may, upon reasonable advance notice to the human resources department, inspect records pertaining to their own employment at any reasonable time during normal business hours. (Ord. 1308 § 2 (part), 2020)
2.30.080 Department head employment agreements.
Department heads and assistants to the city manager and the city attorney shall be appointed to their positions by means of an employment agreement, pursuant to the provisions of City Charter Section 4.01(C), which employment agreements mandatorily shall address and encompass the following matters:
A. Terms and conditions of employment;
B. Compensation, including pay and benefits;
C. Goals and objectives to be met, and the measurement of achievement of such goals and objectives;
D. A requirement of and a procedure, including specific time intervals, for the periodic and regular evaluation of employee performance;
E. Job obligations;
F. Provisions of termination;
G. No such employment agreement afforded by the city manager to a department head or assistant to the city manager or the city attorney is intended to be in excess of four years; however, such agreement may be amended or extended at the discretion of the city manager. (Ord. 1308 § 2 (part), 2020)
2.30.090 City council restrictions in personnel matters.
Neither the city council nor any of its members shall in any manner control, demand, or interfere with the city personnel system in any manner, including:
A. No interference in or request regarding the appointment, discipline or release of any city department head or employee;
B. No issuance of any direct order to any city employee, either publicly or privately;
C. But the city council shall have the authority to express its views and fully and freely discuss with the city manager anything pertaining to the appointment and release of city department heads and employees, or the adoption of any personnel policy, rule, or regulation. (Ord. 1308 § 2 (part), 2020)