RULES FOR PERSONNEL ADMINISTRATION
AS SUBMITTED TO THE MAYOR AND
CITY COUNCIL
ON
Ray G.
Davenport, Council Member
Phillip A.
Pennino, Council Member
John R. (Randy)
Snider, Council Member
of the
City of
PERSONNNEL ADMINISTRATION
ARTICLES/SECTION PAGE
Sec. 1.01 Merit System Established
ARTICLE II: DEFINITION OF TERMS 2
Sec. 2.01 Definitions
ARTICLE III: GENERAL PROVISIONS 6
Sec. 3.01 Personnel Policy
Sec. 3.02 Equal Opportunity Employer
Sec. 3.03 Powers of the City
Sec. 3.04 Department Rules and Regulations
Sec. 3.05 Application of Personnel Rules
Sec. 3.06 Adoption of Personnel Rules
Sec. 3.07 Amendment and Revision of Personnel
Rules
Sec. 3.08 Conflict of Personnel Rules
Sec. 3.09 Rights of Management
Sec. 3.10 Violation of Personnel Rules
ARTICLE IV: CLASSIFICATION PLAN 9
Sec. 4.01 Definition
Sec. 4.02 Preparation and Maintenance of
Classification Plan
Sec. 4.03 Adoption of Classification Plan
Sec. 4.07 Class Specification Qualifications
Sec. 4.08 Interpretation of Class Specifications
Sec. 4.09 Official Use of Class Title
Sec. 4.10 Reclassification
Sec. 4.11 Reclassification Conditions
Sec. 4.12 Status of Incumbents in Reclassified
Positions
Sec. 4.13 Procedure for Reclassification of
Incumbents
Sec. 5.01 Preparation of Salary Schedule
Sec. 5.02 Adoption of Salary Schedule
Sec. 5.03 Salaries
ARTICLE VI: EXAMINATION ANNOUNCEMENTS 14
Sec. 6.01 Examination Announcement
Sec. 6.02 Dates may be Changed in Examination
Announcement
ARTICLE VII: APPLICATION AND APPLICANTS 15
Sec. 7.01 Applications for Employment
Sec. 7.02 Citizenship of Applicants
Sec. 7.03 Incomplete Applications
Sec. 7.04 Application Information Subject to
Verification
Sec. 7.05 Disqualification of Applicants
Sec. 7.06 Applicants with Felony or Misdemeanor
Convictions
Sec. 7.07 Access to Criminal Records by
Personnel Director
Sec. 7.08 Application as Part of the Examination
Sec. 8.02 Need for Examinations
Sec. 8.03 Open Examinations
Sec. 8.07 Inspection of test Answer Key
Sec. 8.08 Protest of Application Rejection or
Examinations
Sec. 8.09 Appeals from Disqualification in
Examinations and Selection
Sec. 8.10 Examination Records
Sec. 8.11 Status of Protested Examinations
Sec. 8.12 Postponement and Cancellation of
Examinations
Sec. 8.13 Limited Recruitment
Sec. 8.14 Selective Recruitment
Sec. 8.15 Affirmative Action Consideration
Sec. 8.16 Fees for Examinations
Sec. 9.01 Establishment of Eligible Lists
Sec. 9.02 Duration of Eligible Lists
Sec. 9.03 Abolishment of Eligible Lists
Sec. 9.04 Extension of Eligible Lists
Sec. 9.05 Substitution of Eligible Lists
Sec. 9.06 Eligible Lists Resulting from Continuous
Examinations
Sec. 9.07 Reemployment Lists
Sec. 9.08 Reinstatement
Sec. 9.09 Availability of Eligibles
Sec. 9.10 Removal of Names from Eligible Lists
Sec. 9.11 Restoration to Eligible List
Sec. 10.01 Appointments and Promotions
Sec. 10.02 Method of Filling Vacancies
Sec. 10.03 Request to Fill Vacancies
Sec. 10.04 Certification of Eligibles
Sec. 10.05 Selection of Employees
Sec. 10.06 Pre-employment Medical, Physical
and/or
Psychological Examination
Sec. 10.07 Temporary Appointments
Sec. 10.08 Temporary Promotion
Sec. 10.09 Employee Oath of Office
Sec. 10.10 Proof of Citizenship or Legal
Residency
ARTICLE
XI: PROBATIONARY PERIOD
26
Sec. 11.01 Purpose of Probationary Period
Sec. 11.02 Length of Probationary Period
Sec. 11.03 Extension of Probationary Period
Sec. 12.03 Status of Employee Following Promotion
Sec. 12.04 Transfer of an Employee
Sec. 12.05 Demotion of an Employee
Sec. 12.06 Voluntary Return to Former Position
after Promotion.
Demotion, or
Transfer
Sec. 13.01 Policy for Disciplinary Proceedings
Sec. 13.02 Causes for Disciplinary Action
Sec. 13.03 Persons Who May Take Disciplinary
Action
Sec. 13.04 Considerations in the Determination of
Type of
Disciplinary Action
Sec. 13.05 Types of Disciplinary Action
Sec. 13.06 Notice of Disciplinary Action
Sec. 13.07 Process of Disciplinary Action
Sec. 13.08 Appeal of Disciplinary Action
ARTICLE XIV: APPEAL TO
THE RULES FOR PERSONNEL ADMINISTRATION
33
Sec. 14.01 Right of Appeal
SECITON
1.01 MERIT
SYSTEM ESTABLISHED
A.
By adopting these Rules for Personnel Administration,
the
B. Appointments and promotions in the classified service of the City shall be made according to qualifications and merit and from eligible lists to be established in accordance with these Rules.
C. Employees shall be notified of proposed changes to these Rules thirty (30) days prior to
submittal to the
D. Violation of the provisions of the Rules constitutes ground for dismissal or other disciplinary action deemed appropriate by the appointing authority.
SECTION
2.01 DEFINITIONS: The following terms used in these Rules shall
have the meaning hereinafter designated, unless from the context hereof it clearly appears that a different meaning is
intended.
Allocation. The
official assignment of an individual position to its appropriate class on the
basis of the duties performed and the authority and responsibilities exercised.
Applicant. A person who has submitted a written application for employment
with the City in accordance with these Rules. The term does not apply to a person who has
indicated orally or in writing interest in employment or has filed an interest
card for employment.
Appointing
Authority. The person or persons having
lawful authority to appoint or remove
persons from positions in the City in accordance with
Ordinance No. 474.
Appointment. The offer of and acceptance by a person of a position in the City service in accordance with these Rules.
At-Will
Service. The service of an employee which does not
provide a legal right to continued employment, and who therefore may be
disciplined or discharged with or without cause and without the right of
appeal.
Authorized Position. A position approved and
allocated which is authorized by the
Certification. The submission by the
Personnel Director of names of eligibles from an
appropriate eligible list to an appointing authority in accordance with these
Rules.
City. The City of
Class. A position
or group of positions, the duties, authorities and responsibilities of which
are sufficiently similar so that the same descriptive title, examples of
duties, recruiting standards, and compensation can be applied.
Classification. The process by which a
class is established and by which its level in the schedule of the classes is
determined.
Classification Plan. The current schedule of
classes established by the
Classification Specification. A written statement of the general duties of
a classification and the minimum qualifications required to perform them.
Compensatory
Time Off (CTO). The leave
time granted with salary in lieu of payment for approved overtime hours worked.
Continuous Recruitment. A recruitment conducted
for an unlimited amount of time subject to close when a sufficient number of
applications have been received or when a position has been filled.
Day. A calendar
day unless otherwise designated.
Demotion. The movement
of an employee from one class to another class having a lower salary range.
Eligible. A person whose name is on a current employment, reemployment or
reinstatement list.
Employee. A person occupying an exempt, classified or unclassified position
in City Service.
Eligible List. A list of eligibles established by competitive examination who may be considered for employment with the City under
specific conditions set forth in these Rules.
Examination (Test of Exam). The selection technique used to measure the relative
capacities and fitness of applicants.
Final Score. The score used to establish
an applicant’s ranking on an eligible list.
The final score may be a score computed from a combination of scores
from various parts of the exam process.
Flexibly Staffed. The procedure of which an
employee may be promoted to the next level of staffing within a job series
without a competitive examination process.
Layoff. The
involuntary separation of one or more regular employees from the work force
occasioned by the abolishment of a position or positions or the reduction in
number of employees in a given class.
Open
Examination. A competitive examination for a particular
class in which all those applicants who meet the qualifications for the class
may participate, whether or not they are employed by the City.
Oral Reprimand (Oral Warning). A verbal statement to an
employee, usually by the supervisor, pointing out an unsatisfactory element of
job performance. An oral
reprimand (oral warning) is intended to be corrective or cautionary.
Personnel File. The
official personnel file maintained in the Personnel Department.
Position. A
combination of current duties and responsibilities assigned to a single class
and normally performed by one employee.
Probationary Employee. An employee who has been appointed from an
eligible list to a regular position but has not completed the probationary
period.
Probationary Period. A specified working test
period during which an employee serves at will.
Probationary Release. The separation of an
employee from City service during the probationary period without cause.
Promotion. The movement
of an employee from one class to another class with a higher maximum salary
range.
Promotional Examination. A competitive examination for a particular
class which may be taken only by regular and probationary employees of the City
who meet the requirements set forth in the examination announcement.
Provisional Appointment. The appointment of an
individual, who possesses the appropriate minimum qualifications, to a regular
allocated position pending the establishment of an eligible list.
Reclassification. The change in the assignment of a position from one existing class
to a new class or another existing class.
Reemployment
List.. A list of names of former regular employees
who have been laid off from a class, with those laid off last at the top of the
list for reemployment to that class.
Regular Employee. An employee hired from an eligible list, who has successfully completed the probationary period for a
class and occupies a budgeted position in the classified service.
Regular Position. A budgeted
position established by the
Reinstatement. The rehiring
of a separated employee to the same classification held during employment with
the city.
Resignation. The voluntary separation of an employee from employment with the
City.
Salary. The amount
of individual cash compensation for the performances of duties in a position in
a range and step established in accordance with a memorandum of understanding or
Management Salary Plan.
Salary Plan. A set of
base salary rates assigned to specific classes of positions.
Temporary Employee. An employee hired for a limited period of
time who may work part or full- time.
Termination. The involuntary separation of an employee from City service for
cause.
Transfer. The movement of an employee from one position to another position
in the same class or in a comparable class.
Written Reprimand. A cautionary
or corrective written notice to an employee with a copy to his/her personnel
file informing the employee of an action on his/her part which is the cause for
disciplinary action.
Y-Rate. The action
of “freezing” the salary of an employee when such salary exceeds the maximum
rate authorized in the salary plan for the class of said employee.
SECTION
3.01 PERSONNEL
POLICY. In accepting employment with
the City each employee agrees to be governed by and to comply with ordinances,
these Rules, the administrative policy and procedure manual, the rules,
regulations and directives of the department in which employed, and the
memorandum of understanding in effect between the City and the appropriate employee organization.
SECTION
3.02 EQUAL OPPORTUNITY EMPLOYER.
A, The
City is committed to the goal of equal employment opportunities and to that end
has adopted an Affirmative Action Plan.
B.
It is the policy of the City to ensure that the application of these
Rules and regulations, and the recruitment, employment, training, advancement, layoff,
salary, termination, and all other personnel actions for all positions, classes
and individual employees shall be on the basis of qualifications and
performance without regard to race, color, religion, national origin, sex, age,
political affiliation, sexual orientation, or physical or mental disability.
SECTION
3.03 POWERS OF THE CITY MANAGER.
A. Except for the Library Department, which is governed by the
Library Board under the Education Code, Sections 18900-18955, the City
B. Subject to Ordinance No.
474, and the Rules for Personnel Administration, the City
the power and authority to:
1.
Establish, when not in conflict with these Rules, such other policies,
procedures, rules and regulations necessary for the control and supervision of
the affairs of the City;
2.
Appoint and remove all Department Heads, officers and employees of the
City, except those officers appointed by the Council;
3.
Approve all proposed appointments and removals of subordinate employees
by all
officers and Department Heads.
4.
Transfer, promote, demote, reemploy, reinstate, discipline, layoff,
reduce in salary, suspend, or dismiss City employees, except for those officers
appointed by the
C.
The City
SECTION
3.04 DEPARTMENT
RULES AND REGULATIONS.. Department Heads
may develop, implement as necessary any departmental policies, procedures,
rules and regulations pertaining to unique operational requirements and their
effect upon departmental personnel as are needed for the full performance of
duties and responsibilities and which are not contrary to these Rules.
SECTION
3.05 APPLICATION OF PERSONNEL RULES. These Rules shall apply to all City employees
and positions in the classified service except for the following:
A. Elected
officials;
B. Members of appointed boards,
commissions and committees;
C. Persons engaged under contract to render professional,
scientific, technical or expert services for a definite period of time;
D.
Volunteer personnel who receive no regular compensation from the City;
E.
Where a particular rule or article expressly states it does not apply
to certain employees and/or positions, or applies to certain employees and/or
positions.
SECTION
3.06 ADOPTION OF PERSONNEL RULES. The personnel rules shall be established by
resolution adopted by the
SECTION
3.07 AMENDMENT AND REVISION OF PERSONNEL
RULES. Proposed amendments to/or
revisions of the Personnel Rules shall be submitted to the
SECTION
3.08 CONFLICT OF PERSONNEL RULES. In the event that one or more provisions of
these Rules contradict provisions included in memorandum of understanding as
received by the Council and currently in effect between the
SECTION
3.09 RIGHTS OF MANAGEMENT. The
adoption of these Rules shall not be deemed a waiver or surrender of any
management prerogative in relation to the organization or the necessity of any
department or position.
SECTION 3.10 VIOLATION OF PERSONNEL RULES.. Each employee is responsible to comply with
these Rules and any amendments hereto.
Violation of the provisions of these Rules shall be grounds for
disciplinary action, up to and including dismissal.
SECTION
4.01 DEFINITION. The classification plan is the systematic
organization of classes. A class is
composed of one or more positions which are substantially similar with respect
to duties, responsibilities, authorities and character
of work such that the same title, definition, minimum qualifications and
compensation schedules are applied equitably under similar working conditions
for all positions in the class.
SECTION
4.02 PREPARTION & MAINTNANCE OF CLASSIFICATION PLAN.
A. The Personnel Director shall have the
responsibility to recommend the establishment of new classes, or the
combination, alteration or abolishment of existing classes to insure the
efficient and equitable operation of the classification plan..
B. The Personnel Director, or the person
or agency selected for that purpose, shall ascertain and record the duties and
level of responsibilities of all positions in the City and develop/maintain a
classification plan for such positions.
C. The classification plan may contain
classes to which there are no current allocations of positions in order to
provide for future organizational growth or changes in organizational
structure.
SECTION
4.03 ADOPTION OF CLASSIFICATION PLAN.
A. The classification plan shall be established
and amended by resolution adopted by the City
Council.
B. The
SECTION 4.04 ALLOCATION OF POSITIONS.
The
allocation of a position to a class shall be authorized by the
A. The positions are sufficiently similar in respect to duties,
authority and responsibilities that the same descriptive title may be used; and
B. Substantially the same requirements as
to education, experience, knowledge and ability are demanded of incumbents; and
C. Substantially the same tests of capacities and fitness may
be used in choosing qualified appointees.
SECTION
4.05 FLEXIBLY
STAFFED CLASSES. The Personnel Director
may recommend the arrangement of various classes of positions into flexibly
staffed series when, in the judgement of the
Personnel Director and the appropriate Department Head, the classes are similar
or closely related enough in requirements, duties and responsibilities to
warrant such arrangement.
SECTION
4.06 CLASS SPECIFICATIONS. The
Personnel Director shall prepare and maintain a written specification for each
class in the City service. Each class
specification shall set forth at a minimum the title of the class, a definition
of the class, examples of the typical duties performed by positions within that
class, and a statement of qualifications necessary to perform the duties of
that class.
SECTION
4.07 CLASS SPECIFICATION QUALIFICATIONS..
A. Qualifications shall be revised as the need arises.
B. Personal qualifications commonly
required of all incumbents of positions, such as acceptable physical condition,
honesty, sobriety, amenability to supervision, and willingness to work
cooperatively with others, the ability to
comprehend and communicate in the English language, to follow written
and oral instructions, shall be implied as qualifications required for every
class even though such traits may not be mentioned specifically in the class
specifications.
C. Where a position requires an employee
to drive either a City-owned or privately-owned vehicle on official City
business, such employee must possess and maintain the appropriate valid
D. Where a position requires an employee to
have a certificate, license, permit or registration, such employee must possess
and maintain a current certificate, license, permit or registration.
SECTION 4.08 INTERPRETATION OF CLASS SPECIFICATIONS. The class specifications are descriptive and explanatory in nature. They are intended to indicate the kinds of duties and responsibilities allocated to the various classes and should not be construed as limiting the assignment of duties and responsibilities to any position. The use of a particular expression or an illustration as to duties should not be interpreted to exclude others not mentioned that are of similar kind or level of responsibility. The specification for each class should be