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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)
(A) All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six months. With respect to newly employed police personnel, the minimum probationary period shall be not less than one year.
(B) An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed 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 the position from which he was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.
('81 Code, § 2.44.060)
(A) Any person holding a position included in the competitive service who, on the effective date of this chapter, shall have 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 without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.
(B) 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 computed from the date of appointment or employment.
('81 Code, § 2.44.070)
The Council, the City Manager and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements and layoffs, and to suspend or dismiss employees shall retain such power, subject to the provision of this chapter and the personnel rules.
('81 Code, § 2.44.090)
(A) Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall not exceed a total of 30 calendar days in any fiscal year.
(B) A department head not having power of appointment may make disciplinary suspensions in accordance with the rules.
('81 Code, § 2.44.100)
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