Section
33.01 Adoption; purpose
33.02 Personnel Officer
33.03 Applicability to officers and employees; exceptions
33.04 Adoption of rules to govern certain procedures
33.05 Manner of making appointments; provisional appointments
33.06 Probationary period
33.07 Status of employees in competitive service
33.08 Applicability of rules to certain exempt positions
33.09 Power to appoint and dismiss employees
33.10 Disciplinary suspension
33.11 Right to written statement of reasons for demotion or dismissal and to request hearing
33.12 Abolition of personnel positions by Council
33.13 Political activities
33.14 Right to contract for special services
33.15 Appropriation of funds
Statutory reference:
Personnel system, see Cal. Gov't Code §§ 45000 et seq.
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test, and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted.
('81 Code, § 2.44.010)
(A) The City Manager shall be the Personnel Officer. With the approval of the Council, the City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this chapter 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.
(B) The City Manager shall:
(1) Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Council;
(2) Prepare and recommend to the Council revisions and amendments to the personnel rules; the City Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council;
(3) Prepare and maintain a position classification plan, including class specifications; the plan shall become effective upon approval by the Council;
(4) Prepare and maintain a plan of compensation covering all classifications in the competitive service; the plan, and any revisions thereof, shall become effective upon approval by the Council;
(5) Publish or post notices of examinations for positions in the competitive service; receive applications therefor; conduct and score examinations and prepare a list of all persons eligible for appointment in the appropriate class in the competitive service.
('81 Code, § 2.44.020)
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:
(A) Elective officers;
(B) Members of appointive boards, commissions and committees;
(C) Persons engaged under contract to supply expert, professional or technical services for a definite period of time;
(D) Volunteer personnel, such as volunteer firefighter;
(E) City Manager;
(F) City Attorney.
('81 Code, § 2.44.030)
(A) Personnel rules, prepared by the Personnel Officer subject to this chapter and to revision by the Council, shall be adopted and may be amended from time to time, by resolution of the Council.
(B) The rules shall establish specific procedures and regulations governing the following phases of the personnel system:
(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) Preparation, revision and administra-tion of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;
(3) Public announcement of all tests and the acceptance of applications for employment;
(4) Preparation and conduct of tests and the establishment and the use of resulting employment lists containing names of persons eligible for appoint-ment;
(5) Certification and appointment of persons from employment lists, and making of temporary and emergency appointments;
(6) Evaluation of employees during the probationary period;
(7) Transfer, promotion, demotion and reinstatement of employees in the competitive service;
(8) Separation of employees from the city service through layoff, suspension and dismissal;
(9) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employees morale, welfare and training;
(10) Suitable provision for orderly and equitable presentations to the City Manager and to the Council by employees relating to general conditions of employment;
(11) Content, maintenance and use of personnel records and forms.
('81 Code, § 2.44.040)
(A) Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selection techniques as achieve-ment and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, or any combination of these, which will, in the opinion of the Personnel Officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination.
(B) Appointments shall be made by the Council and the City Manager in whom the power to make appointments is vested by law. When appointment is to be made to a vacancy in the competitive service, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list.
(C) In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of the person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment. The City Manager, with the approval of four-fifths of the Council, may extend the period for any provisional appointment to a temporary position for not more than 30 days, by any one action. When a position is to be filled by provisional appointment, or a provisional appointment is to be extended, the Council shall direct the City Clerk to record such action in the minutes of the meeting of the Council.
(D) No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a provisional appointment.
(E) During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules.
('81 Code, § 2.44.050)
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