Chapter 2.50


2.50.010    Adoption.

2.50.020    Definitions.

2.50.030    Personnel officer.

2.50.040    Competitive service.

2.50.050    Adoption and amendment of rules and policies.

2.50.060    Appointing authority.

2.50.070    Status of present employees.

2.50.080    Improper political activity.

2.50.090    Discrimination.

2.50.010 Adoption.

In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract 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, a personnel system is adopted.  (Ord. 17-86 §1(part), 1986).

2.50.020 Definitions.

As used in this chapter and any rules or policies pursuant to this chapter, the following terms shall be defined as follows unless otherwise indicated:

A.    “Appointment authority” means the officers of the city who, in their individual capacities or as a body, have the final authority to make the appointment to the position to be filled.

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

E.    “Examination” means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service or to measure the qualifications of an employee to be promoted.

F.    “Layoff” means the separation of an employee or employees from employment with the city when, in the judgment of the city council, it becomes necessary to abolish positions.

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

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

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

J.    “Reemployment” means the appointment, without examination, of an employee who was laid off, in good standing, within the preceding twelve months to a position in the same class as his or her former position.

K.    “Regular employee” means a full-time employee who has successfully completed a probationary period of employment with the city.

L.    “Reinstatement” means the reappointment to a position in the same or comparable class, without examination, of a probationary or regular employee within twenty-four months after he or she left city employment in good standing.

M.    “Temporary employee” means an employee who is appointed to a position funded under a temporary or part-time salary account in the current adopted budget.  (Ord. 17-86 §1(part), 1986).

2.50.030 Personnel officer.

A.    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 to any other employee of the city or may recommend that such powers and duties be performed under contract.

B.    The personnel officer shall:

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

2.    Prepare and recommend to the city council personnel rules or policies and revisions and amendments to such rules or policies;

3.    Prepare and recommend to the city council a position classification plan, including class specifications and revisions thereto; and

4.    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 to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.  (Ord. 17-86 §1(part), 1986).

2.50.040 Competitive service.

All offices, positions and employees in the service of the city, except those specifically excluded as follows, shall be considered as part of the competitive service:

A.    Elective officers, the city manager, city attorney, department heads, finance manager, administrative officer, and assistant to the city manager;

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, including reserve police personnel;

E.    Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as an extraordinary fire, flood or earthquake, which threatens life or property; and

F.    Employees, other than those listed elsewhere in this section, who are not regularly employed by the city.  (Ord. C-7-09 §1, 2009:  Ord. 17-86 §1(part), 1986).

2.50.050 Adoption and amendment of rules and policies.

A.    Personnel rules or policies shall be adopted by resolution of the council.  Reasonable advance written notice shall be given to each recognized employee organization affected by any ordinance, rule, resolution, regulation or amendment thereof, proposed to be adopted by the council.

B.    As provided in Section 3500 et seq. of the Government Code, in cases of emergency, when the city council determines that amendment(s) to personnel rules or policies must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide such notice and opportunity to meet at the earliest practicable time following adoption by the city council, unless otherwise specified.  Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules or policies.

C.    The rules shall establish regulations governing the personnel system, including, but not necessarily limited to:

1.    The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including the employment standards and qualifications for each class;

2.    The public announcement of all tests and the acceptance of applications for employment;

3.    The preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment;

4.    The certification and appointment of persons from employment lists and making of provisional appointments;

5.    The establishment of probationary periods;

6.    The evaluation of employees during the probationary period;

7.    The transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

8.    The separation of employees from the city service;

9.    The establishment of adequate personnel records; and

10.    The establishment of appeal procedures concerning the interpretation or application of this chapter and any rules adopted hereunder.  (Ord. 17-86 §1(part), 1986).

2.50.060 Appointing authority.

The city manager shall be the appointing authority for all officers and employees of the city except elective officers, the city attorney and persons appointed by the city council to boards, commissions and committees.  (Ord. 17-86 §1(part), 1986).

2.50.070 Status of present employees.

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, 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 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.  (Ord. 17-86 §1(part), 1986).

2.50.080 Improper political activity.

The political activities of city employees shall conform to the pertinent provisions of state laws.  Any person holding nonelective office or in the employ of the city shall not distribute badges, pamphlets, handbills or petitions or participate in any political campaign or political activity if such campaign or activity is carried on during hours of work or when the person is dressed in a uniform identifying such person as an employee of the city.  (Ord. 17-86 §1(part), 1986).

2.50.090 Discrimination.

No person in the employ of the city, 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, age or sex, or because of the exercise of his/ her rights pursuant to the provisions of Section 3502 of the Government Code of the state.  (Ord. 17-86 §1(part), 1987).