Chapter 2.40 - Personnel System#

2.40.010 - Purpose.#

The purpose of this chapter is to establish a system of personnel administration in order to provide for effective personnel management practices, to promote fairness and equality in the recruitment, appointment, retention, promotion and termination of employees on the basis of merit and fitness, and in order to provide the public with the highest quality of public service.

(Ord. 731B § 2 (part), 2003)

2.40.020 - System established.#

There is established a personnel system for the selection, employment, classification, promotion, suspension, discharge and retirement of appointive officers and employees.

(Ord. 731B § 2 (part), 2003)

2.40.030 - Administration.#

The city manager is designated the personnel officer and shall administer the city personnel system and may delegate any powers and duties to a human resource manager or may delegate the appointing authority granted by the city council to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in this chapter. The city manager shall:

1. Act as the appointing authority for the city;

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

3. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules;

4. Prepare a position classification plan, including class specifications, and revisions of the plan;

5. Have the authority to discipline employees in accordance with the personnel rules of the city and any collective bargaining agreements;

6. 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. 731B § 2 (part), 2003)

2.40.040 - Competitive service.#

Except as provided below, all employees employed on a continuous basis shall be included in the competitive service, and following the probationary period defined within the personnel rules, shall be disciplined only for cause.

The following employees shall serve at the pleasure of the appointing authority:

1. The city manager;

2. The city attorney and any assistant or deputy city attorneys;

3. The chief of police, except as further described in the personnel rules;

4. Department heads who are hired after the effective date of this section;

5. Employees who enter into an employment agreement that provides for discipline without cause;

6. Members of appointive boards, commissions and committees;

7. Independent contractors engaged under contract to supply expert, professional, engineering, technical, instructional or any other service;

8. All volunteer personnel;

9. All council-appointed city officers;

10. 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;

11. Employees, other than those listed elsewhere in this section, who are not regularly employed in regular 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 one thousand hours per year, and has successfully completed the probationary period and has been retained as provided in this chapter and the personnel rules;

12. Employees not hired as provided for in this chapter and the personnel rules and for whom the appointing authority compensates hourly and anticipates employment for a definite time period;

13. The city clerk, who shall be appointed by the city manager.

(Ord. 815B § 1, 2006; Ord. 731B § 2(part), 2003)

2.40.050 - Adoption and amendment of rules.#

Personnel rules shall be adopted and/or amended by resolution of the city council. The rules may establish regulations governing the personnel system, including but not necessarily limited to:

1. 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;

2. Appropriate announcement of the selection process and acceptance of applications for employment;

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

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

5. Establishment of probationary periods;

6. Evaluation of employees during the probationary period and thereafter;

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

8. Separation of employees from the city service;

9. The establishment of any necessary appeal procedures;

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

(Ord. 731B § 2 (part), 2003)

2.40.060 - 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, and has completed the probationary period prescribed in the existing employee rules and regulations or in an applicable collective bargaining agreement for his or her classification, shall assume regular status, as defined in the personnel rules, in the competitive service in the position held on such effective date without a qualifying test, and shall thereafter be subject to all respects to the provisions of this chapter and the personnel rules.

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 or in an applicable collective bargaining agreement before obtaining regular status. The probationary period shall be calculated from the date of appointment or employment.

(Ord. 731B § 2 (part), 2003)

2.40.070 - Contracts for special service.#

The city manager may consider and make recommendations to the city council regarding 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 manager and/or city council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

1. The preparation of personnel rules and subsequent revisions and amendments thereof;

2. The preparation of a position classification plan, and subsequent revisions and amendments thereof;

3. The preparation, conduct and grading of competitive tests;

4. The conduct of employee training programs;

5. Special and technical services of advisory or informational character on matters regarding personnel administration.

(Ord. 731B § 2 (part), 2003)

2.40.080 - Public Employees' Retirement System (PERS).#

The city has a contractual relationship with the California Public Employees' Retirement System (PERS). These contracts provide retirement benefits to qualified city employees. There are two retirement programs maintained by the city through PERS. The first is for police and fire personnel (referred to by PERS as local safety members). The second is for nonsafety employees (referred to by PERS as miscellaneous members).

(Ord. 731B § 2 (part), 2003)