Chapter 2.44


2.44.010    Adoption of personnel system.

2.44.020    Definitions.

2.44.030    Administration.

2.44.040    Competitive service.

2.44.050    Adoption and amendment of rules.

2.44.060    Appointments.

2.44.070    Probationary period.

2.44.080    Status of present employees.

2.44.090    Demotion, dismissal, reduction in pay, suspension, reprimand.

2.44.100    Right of appeal.

2.44.110    Layoff and reemployment.

2.44.120    Political activity.

2.44.130    Contracts for services.

2.44.010 Adoption of personnel system.

In order to establish an equitable and uniform system for dealing with personnel matters and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is adopted. (Ord. 1197 (part), 1995)

2.44.020 Definitions.

The terms used to administer the personnel system shall be defined in the Personnel Rules and Regulations. (Ord. 1197 (part), 1995)

2.44.030 Administration.

The City Manager shall administer the City personnel system and may delegate the City Manager’s powers and duties under this chapter to the Personnel Director or the Assistant City Manager (except for the power to appoint department head positions). The City Manager, or his/her designee shall:

A.    Act as the appointing authority for the City, as to all employees except elective officers and the City Attorney;

B.    Administer all the provisions of this chapter and of the Personnel Rules and Regulations 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 job classification specifications, and revisions of the plan;

E.    Have the authority to discipline employees in accordance with this chapter and the Personnel Rules and Regulations of the City and the governing memoranda of understanding;

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; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. (Ord. 1197 (part), 1995)

2.44.040 Competitive service.

The provisions of the chapter relating to the competitive service shall apply to all offices, positions and employment in the service of the City, except:

A.    Elective officers;

B.    The City Manager and Assistant City Manager;

C.    The City Attorney and any assistant or deputy city attorneys;

D. Members of appointive boards, commissions and committees;

E.    Certain positions, filled by employees, consultants or contract services firms as listed: Members of the Management Unit as defined in appendix A of the City of San Carlos Management Unit Salary and Benefit Resolution as amended from time to time;

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

G.    Volunteer personnel;

H.    All Council-appointed City officers;

I.    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;

J.    Employees, part-time employees and seasonal employees, who are not regularly employed in permanent positions. “Regularly employed in permanent positions” means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than two thousand and eighty hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the Personnel Rules and Regulations;

K.    Any position primarily funded under a State or Federal employment program;

L.    Employees not included in the competitive service under this chapter shall serve at the discretion of their appointing authority. (Ord. 1460 § 1, 2013: Ord. 1349 § 1, 2004: Ord. 1292 § 1 (part), 2001; Ord. 1197 (part), 1995)

2.44.050 Adoption and amendment of rules.

Personnel Rules and Regulations shall be adopted by resolution of the City Council and shall apply to all employees unless otherwise stated. The rules may establish regulations governing the personnel system, including but not limited to:

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.    Establishment of probationary testing periods;

C.    Evaluation of employees during the probationary testing period and thereafter;

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

E.    Separation of employees from the City service;

F.    The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements;

G.    The establishment of any necessary appeal procedures. (Ord. 1197 (part), 1995)

2.44.060 Appointments.

Appointments to vacant positions in the competitive service shall be made in accordance with the Personnel Rules and Regulations. 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 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 interviews, 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, medical and psychological tests may be given as a part of any examination.

In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

The appointing authority or employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City except he/she shall not delegate the appointment of department heads to any other officer or employee. (Ord. 1197 (part), 1995)

2.44.070 Probationary period.

All regular appointments, including promotional appointments, shall be for a probationary period as determined by the governing memorandum of understanding. The appointing authority may extend such probationary period up to twelve additional months. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work, the number of days absent shall be added to the length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or grievance procedure, except for specific circumstances covered in the appropriate memorandum of understanding. The probationary period shall include time served in a temporary appointment if the temporary employee qualified as an eligible employee and is appointed while in the temporary position.

If the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Personnel Director a statement in writing to such effect and stating that the retention of such employee in the position is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his or her employment terminated at the end of the probationary period, and the notice of termination shall be served on the terminated employee by the Personnel Director. The Personnel Director shall not terminate a probationary employee without prior consultation with the appropriate department head.

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 if such a position is available, and may serve a probationary period at the discretion of the appointing authority, unless due to the conduct of the employee the employee is discharged in the manner provided in the appropriate memorandum of understanding, or in its absence, in the manner provided in this chapter and the Personnel Rules and Regulations. (Ord. 1292 § 1 (part), 2001; Ord. 1197 (part), 1995)

2.44.080 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 prescribed in the existing personnel rules or in an applicable memorandum of understanding for his or her classification, 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 and Regulations.

Any other persons 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 calculated from the date of appointment or employment. (Ord. 1197 (part), 1995)

2.44.090 Demotion, dismissal, reduction in pay, suspension, reprimand.

The City Manager shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend any employee in the competitive service for cause as defined in, and in accordance with, procedures set forth in the Personnel Rules and Regulations, City policies, or the appropriate memorandum of understanding. (Ord. 1197 (part), 1995)

2.44.100 Right of appeal.

Any regular employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or other reasons, except in those instances where the right to appeal is specifically prohibited by this chapter, the Personnel Rules and Regulations, or the appropriate memorandum of understanding. All appeals shall be conducted in accordance with the requirements and procedures set forth in the Personnel Rules and Regulations or the appropriate memorandum of understanding. (Ord. 1197 (part), 1995)

2.44.110 Layoff and reemployment.

Layoff and reemployment actions shall follow the process outlined in the Rule XI of the Personnel Rules and Regulations or the appropriate memorandum of understanding. (Ord. 1197 (part), 1995)

2.44.120 Political activity.

The political activities of City employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law. Notwithstanding, City employees shall not participate in political activity while on duty, or on the premises of City property. (Ord. 1197 (part), 1995)

2.44.130 Contracts for services.

The City Manager shall determine 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 may contract with any qualified person or public or private agency to assist in the performance of all or any of the duties imposed by this chapter, including but not limited to the following:

A. The preparation of Personnel Rules and Regulations 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. 1197 (part), 1995)