Chapter 2.48


2.48.010    Adopted.

2.48.020    Exempt service.

2.48.030    Rules--Adoption and amendment.

2.48.040    Appointments.

2.48.050    Probationary period.

2.48.060    Status of present employees.

2.48.070    Rules--Applicability.

2.48.080    Adverse actions.

2.48.090    Right of appeal.

2.48.100    Abolition of position.

2.48.010 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 person 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 is adopted. (Ord. 411 §1, 1965)

2.48.020 Exempt service.

The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except the following exempt positions:

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

B.    Volunteer personnel, such as volunteer firemen;

C.    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;

D.    Employees, other than those listed in this section, who are employed less than four consecutive forty-hour weeks are defined as temporary employees;

E.    Lifeguards employed for summer work only. (Ord. 411 §2, 1965)

2.48.030 Rules--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 an 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 of pay for each class;

C.    Certification and appointment of persons from employment lists, and the making of provisional and emergency appointments;

D.    The establishment and use of employment lists containing names of persons eligible for appointment;

E.    Evaluation of employees during the probationary period;

F.    Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

G.    Separation of employees from the city service;

H.    Standardization of hours of work; attendance and leave regulations, working conditions, and the development of employee’s morale, welfare and training;

I.    The establishment of adequate personnel records; J. The establishment of grievance and appeal procedures. (Ord. 411 §3, 1965)

2.48.040 Appointments.

A.    Appointments to new positions and vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be made and based on merit and fitness to be ascertained so far as practicable by and upon recommendation of the department head on approval of the city council.

B.    In any appointment the department head may require a qualifying test or tests, and set minimum standards therefor as required.

C.    When appointment is to be made to a vacancy in the competitive service, there shall be transmitted to the department head the names of all persons on the appropriate list. The department head shall forward the list to the city council with his recommendations for their approval.

D.    In the absence of appropriate employment lists, a provisional appointment may be made not to exceed six months by the department head on the approval of the city council 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 department head on approval of the city council subject to the provisions of this chapter and the personnel rules. The clerk is to be advised by the department head of a pending vacancy so an application may be received. (Ord. 411 54, 1965)

2.48.050 Probationary period.

A.    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 on hearing.

B.    An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the city service as provided in this chapter and the rules.

C.    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 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. 411 §5, 1965)

2.48.060 Status of present employees.

A.    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 class, shall assume regular status in the competitive service 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.

B.    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. 411 §6, 1965)

2.48.070 Rules--Applicability.

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions. (Ord. 411 §7, 1965)

2.48.080 Adverse actions.

A.    Department heads shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for thirty calendar days, any permanent employee.

B.    The employee may require, by written demand, that the department head make a written statement of the reason or reasons therefor which, within three days after such demand, shall be furnished to the employee.

C.    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. 445 §1, 1969: Ord. 411 §8, 1965)

2.48.090 Right of appeal.

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

B.    The city council shall have the right to 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 city council 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 and regulations adopted pursuant to this chapter. (Ord. 411 §9, 1965)

2.48.100 Abolition of position.

A.    Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position of 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 a right to 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 permanent and probationary status in the competitive service upon the effective date of layoff. Layoff shall be made within classes of positions, and all provisional employees in an affected class or classes shall be laid off prior to the layoff of any probationary or permanent employees. For the purpose of determining order of layoff, the total cumulative time shall include time served on military leave of absence. The names of probationary and permanent employees laid off shall be placed upon reemployment lists in classes which, in the opinion of the department head require basically the same qualifications and duties and responsibilities of those of the class of positions from which layoff was made.

B.    Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served in probationary and permanent status, and shall remain on such lists for a period of one year unless reemployed sooner. (Ord. 411 §10, 1965)