2.40.060 Adoption and amendment of rules.

   (A)   Personnel rules shall be established by the City Manager in conformity with and subject to this chapter and this code. The rules may be in the form of various policies and may be revised and amended by the City Manager from time to time. The rules need not address management rights retained by the City Council, City Manager or City Attorney, including the right to consolidate or combine offices, positions, departments, divisions or units.

   (B)   The rules may establish regulations governing the personnel system, including, but not limited to:

      (1)   Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, part time, seasonal and temporary employees, and all employees included within the executive group employee resolution. The position classification plan shall include class specifications for each position, which specifications shall include the position title and the compensation range (see subsections (B)(2) and (B)(3) below) for each position, and may include other items, such as examples of duties for the position, the minimum educational, certification and/or training requirements for the position, the minimum physical requirements for the position and the minimum experience requirements for the position;

      (2)   Preparation, revision and administration of a plan of compensation to be included in the position classification plan, providing a compensation range for each position, which range may be based upon the minimum and maximum compensation steps provided for in sub-section (B)(3) below. The plan of compensation shall be consistent with the position library and compensation plan (see § 2.04.060(F) of this code), and shall provide lower compensation for temporary employees than that provided for full time employees;

      (3)   The authority to require the finance department to prepare and maintain a compensation chart which delineates an hourly, monthly and annual compensation amount for each compensation step on the chart, with each compensation step being set at no more than one-half of one percent (0.5%) apart from the next compensation step;

      (4)   Appropriate announcement of the selection process and acceptance of applications for employment;

      (5)   Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

      (6)   Certification and appointment of persons from employment lists, and the making of provisional appointments;

      (7)   Establishment of probationary periods;

      (8)   Evaluation of employees during their probationary periods and thereafter;

      (9)   Transfer, promotion, demotion and reinstatement, disciplinary action and layoff of employees;

      (10)   Separation of employees from city service;

      (11)   Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee training;

      (12)   The establishment of grievance and appeal procedures;

      (13)   Content, maintenance and use of personnel records and forms.

(Ord. 3189 § 9, 2015; Ord. 2573 § 1, 2002.)

2.40.070 Appointments - Procedure.

   (A)   Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules promulgated in this chapter. The appointing authority of employees in the competitive service is the City Manager, except when the City Attorney is the appointing authority as provided for in § 2.16.080 of this code. The City Manager and City Attorney may delegate their appointing authority to any other officer or employee of the city.

   (B)   Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations may be used and conducted to aid in 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 interview, 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, background and medical tests may be given as a part of any examination, in accordance with law. In any examination, the appointing authority or their designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

   (C)   In addition to regular appointments, the appointing authority may make a provisional appointment of a person meeting the minimum qualifications for the position. A provisional employee shall mean an employee who, for budgetary purposes, is provisional until such time the employment position is formally added to the approved budgeted positions for that department. An employee who was regularly employed in a non-provisional position immediately prior to a provisional appointment may have bumping rights into his or her prior position, pursuant to the applicable memorandum of understanding.

(Ord. 3189 § 10, 2015; Ord. 2573 § 1, 2002.)

2.40.080 Appointments - Probationary Period.

   (A)   Unless otherwise addressed in a memorandum or understanding, the provisions in this section shall apply. All original appointments to a position in the competitive service shall be for a probationary period of one year. Regular promotional appointments shall be for a probationary period of six months. The appointing authority may extend such probationary periods up to six additional months.

   (B)   The probationary period shall commence on the date of appointment. In the event of illness or injury or other reason requiring absence from work, the number of days absent shall be added to the length of the probationary period, unless otherwise provided for in personnel rules. During the probationary period, the employee may be rejected at any time without right of appeal, hearing or any grievance procedure. An employee rejected during the probationary period from a position to which the employee has been promoted shall be reinstated to a position in the class from which the employee was promoted unless the employee is discharged from city service as provided in this chapter and the personnel rules. If no vacancy exists in such position, the employee shall be placed on a re-employment list as provided in the personnel rules.

(Ord. 2573 § 1, 2002.)

2.40.090 Imposition of Discipline.

   The appointing authority or their designee shall have the right, for reasonable cause, to demote, discharge, reprimand, reduce in pay, suspend or otherwise discipline any regular employee in the competitive service for cause in accordance with procedures included in the personnel rules. When such discipline is imposed, the City Manager alone may also approve an agreement in conjunction therewith which complies with the provisions of § 3.04.030(C) of this code. The provisions of this section shall not apply to reductions in pay, which are not for a disciplinary purpose.

(Ord. 3189 § 11, 2015; Ord. 3035 § 4, 2010; Ord. 2573 § 1, 2002.)

2.40.100 Right of Appeal.

   Any employee in the competitive service of the city shall have the right to appeal to a hearing officer, pursuant to city policy, a demotion, reduction in pay, suspension of 80 hours or more or termination for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules.

(Ord. 3189 § 12, 2015; Ord. 2883 § 3, 2007; Ord. 2573 § 1, 2002.)