Chapter 1. Personnel

Article 1. Purpose

Sec. 12-1.101 Purpose.

The following personnel system is hereby adopted to provide a uniform system for dealing with personnel and employment relations matters, and to comply with applicable laws in this respect. (Ord. 225 Div. 1 (part), 1986)

Article 2. Definitions

Sec. 12-1.201 Definitions.

The terms used in this Chapter shall have the meanings as defined below:

(a) “Full-time” means employees who are assigned to a regular position for an indefinite term, and scheduled to work at least forty (40) hours per week.

(b) “Part-time” means employees who are assigned to a regular position for an indefinite term, and scheduled to work less than forty (40) hours per week.

(c) “Full-time temporary” means employees who are appointed to a non-regular position for a limited term, and scheduled to work at least forty (40) hours per week.

(d) “Part-time temporary” means employees who are appointed to a non-regular position for a limited term, and scheduled to work less than forty (40) hours per week.

(e) “Probationary period” means a period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position.

(f) “Position” means a group of duties and responsibilities in the personnel system requiring full-time or part-time employment of one person.

(g) “Regular status employee” means an employee included in the personnel system who has successfully completed the probationary period and has been retained as hereafter provided in this Chapter. (Ord. 225 Div. 1 (part), 1986)

Article 3. Scope

Sec. 12-1.301 Coverage.

The personnel system provided in this Title shall apply to all offices and positions, except that it shall not apply to the following offices and positions unless this Title expressly and specifically makes any particular provision(s) applicable to such otherwise exempted offices and positions:

(a) Elected officers;

(b) All City Officers;

(c) The City Manager;

(d) The City Attorney and any Assistant or Deputy City Attorneys;

(e) Members of appointive boards, commissions and committees;

(f) All employees designated as “management,” including:

(1) Director of Public Safety Services,

(2) Police Lieutenant,

(3) Finance Director/Assistant to the City Manager,

(4) Accounting Supervisor,

(5) Administrative Analyst,

(6) Parks and Recreation Director,

(7) Public Works Administrator,

(8) Building Official,

(9) City Clerk/Treasurer,

(10) Community Development Director/City Engineer,

(11) Planning Director;

(g) Persons engaged under contract to supply expert, professional, technical or any other services.

(h) Volunteer personnel;

(i) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake, which threaten life or property;

(j) Full-time temporary and part-time temporary employees;

(k) Part-time employees;

(l) Employees whose employment has not been finalized through completion of the probationary period;

(m) Any position created either directly or indirectly as a result of the city’s receipt of State or Federal program funds, and specifically identified by the City upon creation of the position that is exempt from the personnel system under this provision. ((b) amended by Initiative March 15, 1988; (b) of this section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013; Ord. 225 Div. 1 (part), 1986)

Sec. 12-1.302 Employment Status of Exempt Positions; Appointing/ Termination Authority of City Manager.

(a) The City Manager, the City Attorney and members of appointed boards serve at the pleasure of the City Council.

(b) Notwithstanding Section 1-1.09(j) of this Code, all employment agreements, in existence as of the effective date of the ordinance from which this subsection derives, with officers over whom the City Manager is to have the power of appointment and removal shall remain in force but shall be amended to conform with Sections 2-3.104(c) and 12-1.501(b), thereby ensuring that the City Manager may remove employees who are covered under said employment agreements. ((b) amended by Initiative March 15, 1988; (b) of this section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013; Ord. 225 Div. 1 (part), 1986)

Sec. 12-1.303 Status of Existing Employees.

Any person holding a position included in the personnel system (nonexempt positions) who, on the effective date of the ordinance codified in this chapter, shall have served continuously in this position, or in some other position in the personnel system, for a period equal to the probationary period prescribed in the rules for his or her designation and whose probationary status has not been otherwise extended by the City Manager, shall assume regular status in the personnel system in the position held on such effective date, and shall thereafter be subject in all respects to the provisions of this Chapter and the personnel rules.

Upon the effective date of the ordinance codified in this Chapter, all existing individual employment contracts shall be superseded and voided.

Any other persons holding positions in the personnel system 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. 225 Div. 1 (part), 1986)

Article 4. Dismissal and Discipline

Sec. 12-1.401 Dismissal and Disciplinary Actions.

The City Manager shall have the authority to dismiss or otherwise discipline any regular employee for cause in accordance with procedures included in the personnel rules. (Ord. 225 Div. 1 (part), 1986)

Sec. 12-1.402 Right of Appeal.

Any employee in the personnel system having regular status shall have the right to appeal a demotion, reduction in pay, suspension or discharge for disciplinary reasons, except in those instances where the right to appeal is specifically prohibited by this Chapter or the rules adopted under this chapter. The right of appeal for a suspension of five (5) days or less shall be limited to an administrative hearing before the City Manager. The right of appeal for a suspension of more than five (5) days, a demotion, reduction in pay or discharge for disciplinary reasons shall include, primarily, an administrative hearing before the City Manager and, secondarily, a hearing before the City Council or an independent third party designated by the City Council.

All appeals shall be processed in accordance with the requirements and procedures adopted by resolution of the City Council, consistent with the provisions of this Chapter and with State laws.

Any appeal procedure which may be adopted regarding the removal of any department heads, and any other employees who report directly to the City Manager, which involves the City Council as a voting body, shall require a unanimous vote of all eligible voting members of the City Council to reverse the decision of the City Manager. (3rd par. amended by Initiative March 15, 1988; the 3rd par. of this section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013; Ord. 225 Div. 1 (part), 1986)

Article 5. Administration

Sec. 12-1.501 Adoption of Rules and Administrative Guidelines; Administration of Personnel System.

(a) The City Manager shall administer the personnel system consistent with the provisions of this Chapter and with State law, shall promulgate Rules and Administrative Guidelines pursuant thereto consistent with established Council policy, and may delegate any of these powers and duties to any other employee of the city.

(b) All employment agreements shall be subject to policy and standards regularly adopted by the City Council and shall be administered by the City Manager. The City Manager shall have sole authority to execute employment agreements with all those employees over whom he has powers of appointment and removal. All agreements covering wages and terms and conditions of employment require approval of the City Council. ((b) amended by Initiative March 15, 1988; (b) of this section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013; Ord. 225 Div. 1 (part), 1986)