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HomeMy WebLinkAboutOrdinance 0241 rORDINANCE NO. 24 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 2 ..ENTITLED PERSONNEL SYSTEM TO TITLE 2 OF THE ATASCADERO MUNICIPAL CODE THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows: Section 1. Chapter 2 of Title 2 is added to the Atascadero Municipal Code to read as follows: TITLE 2 . ADMINISTRATION Chapter 2 . Personnel System Section 2-2. 01. Adoption of personnel system 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; and to provide a reasonable degree of security for qualified employees, a personnel system is hereby adopted. Section 2-2. 02. Definitions ' As used in this chapter and any rules or policies pursuant to this chapter, the following terms shall be defined as follows unless otherwise indicated: ' (a) "Appointing power" shall mean the officers of the city who in their individual capacities, or as a body, have ' the final authority to make the appointment to the posi- tion. to be filled. (b) "Class" shall mean positions sufficiently similarin duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary. (c) "Competitive service" shall mean all positions of employ- ment in the service of the city, except those specifically excluded by this chapter. (d) "Day" shall mean calendar day unless otherwise stated. "Employment (e) list" shall mean a list of names of persons who may be considered for employment with the city under ' specific conditions. 1 Ordinance No. 24 Page Two 0 (f) "Examination" shall mean selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service or to measure the qualifications of an employee to be pro- moted. (g) "Layoff" shall mean the separation of an employee or employees from employment with the city when, in the judgment of the city council, it becomes necessary to ' abolish positions. (h) "Permanent part-time employees" shall mean an employee who works at least twenty (20) hours but less than forty (40) hours per week on a regularly scheduled basis in a permanent part-time position designated as such in the current adopted budget. Such employee shall work the same number of hours per week for each week as specified in the budget for that position. ' (i) "Position" shall mean a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person. (j) "Probationary period" shall mean a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed ' by the actual performance of the duties of the position. (k) "Promotion" shall mean the appointment of an employee to a classification with a higher salary range following an examination process through which the employee has qualified for such an appointment. ' (1) "Provisional appointment" shall mean an appointment of a person who possesses the minimum qualifications established for a particular class and who has been ' appointed to a position in that class in the absence of available eligibles. (m) "Reinstatement" shall mean the reappointment to a position in the same or comparable class without exam- ination of a probationary or regular employee within twenty-four (24) months after he or she left city employ- ment in good standing. No credit shall be received for prior service in terms of benefits accrued after rein- statement unless otherwise recommended by the department head and approved by the appointing authority. A new pre-employment physical examination may be required and the employee shall begin a new probationary period. (n) "Reemployment" shall mean the appointment of an employee who was laid off, in good standing within the preceeding twelve months without examination, to a position in the same class as his or her former position. Such an employee shall receive credit for former service when computing vacation, sick leave, and advancement through the salary range. 2 Ordinance No. 2 6 Page Three (o) "Regular employee" shall mean a full-time or permanent' part-time employee in a' permanent position who has` successfully completed a probationary period of employ- ment with the City. (p) "Temporary Employee" shall mean an employee who is appointed to a non-permanent position funded under a temporary or part-time salary account in tow current adopted budget. Section 2-2. 03. Personnel Officer The City Manager shall be the Personnel Officer. The City Manager may delegate any 6f the powers and duties conferred upon him or her as Personnel Officer to any other officer or employee of the city or may recommend that such powers and duties be per- formed under contract. ' The Personnel Officer shall: (a) Administer all the provisions of this article and of ' the personnel rules or policies not specifically re- served to the City Council, the Personnel Board, or other city officers. (b) Prepare and recommend to the City Council personnel rules or policies and revisions and amendments to such rules or policies; ' (c) Prepare, or cause to be prepared, a position class- ification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof,shall become effective upon approval by the Council; and (d) 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; and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service. ' Section 2-2. 04 Personnel Board The City Council shall act as a Personnel Board and the Board, ' as provided by this ordinance and by such rules as may be adopted, shall hear appeals submitted by any regular employee relative to any disciplinary action, dismissal, demotion, charge of discrimination ' or alleged violation of this chapter. Section 2-2.05 Competitive service All offices, positions and employees in the service of the city except those specifically excluded as follows, shall be considered as part of the competitive service: 3 ' Ordinance No. 24 Page Four (a) Elective officers, the city manager, city attorney and department heads; (b) Members of appointive boards, commissions and com- mittees; ' (c) Persons engaged under contract to supply expert, pro- fessional, technical, or any other services; (d) Volunteer personnel, including reserve fire and police personnel; (e) Emergency employees who are hired to meet the immediate ' requirements of an emergency condition, such as an extra- ordinary fire, flood, or earthquake which threatens life or property; and (f) Employees, other than thoselistedelsewhere in this section, whoare not regularly employed in permanent ' positions. Section 2-2 . 06 Adoption and amendment of rules and policies Personnel rules or policies shall be adopted by resolution of the Council. Reasonable advanced written notice shall be given to each recognized employee organization affected by any ' ordinance, rule, resolution, or regulation, or amendment thereof, proposed to be adopted by the Council (optional if not within the scope of representation) . Upon request, the Personnel Officer shall provide the opportunity to meet with any employee organization so requesting regarding amendments affecting wages, hours, and other terms and conditions of employment, as specified in the city's employer/employee relations resolution and as specified as being a matter within, the scope of representation. As provided in Section 3500 et. seq. , of the Government Code, in cases of emergency, when the City Council determines that amendment (s) to personnel rules or policies must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide such notice ' and opportunity to meet at the. earliest practicable time following adoption by the City Council, unless otherwise specified. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules or policies. The rules shall establish regulations governing the personnel system, including but not necessarily limited to: (a) The preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including the employment standards and qualifications for each class; 4 Ordinance No. 2 Page Five (b) The preparation, installation,llation, revision and maintenance of a plan of compensation directly correlating to the position classification plan and providing a rate of pay for each class. 1 (c) The public announcement of all tests and the acceptance of applications for employment; (d) The preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment; (e) The certification and appointment of persons from employ- ment lists and the making of provisional appointments; (f) The establishment of probationary periods; (g) The evaluation of employees during, the probationary period; ' (h) The transfer, promotion, demotion, reinstatement, disci- plinary action, and layoff of employees in the competitive service; (i) The separation of employees from the city service; (j) The establishment of adequate personnel records; and ' (k) The establishment of appeal procedures concerning the inter- pretation or application of this article any any rules ' adopted hereunder. (1) The establishment of hours of work, attendance, leave proce- dures, and the development of employee competence, welfare, training and performance. Section 2-2. 07 Appointments Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules or policies. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by examination. 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 interviews, performance tests, physical agility tests, the evaluation of daily work per- formance, work samples, or any combination of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical, psychiatric and polygraph tests may be given as part of any examination. In any examination the personnel officer may include, in ' addition to competitive tests, a qualifying test or tests and set the minimum standards therefor. Any tests or examinations used for selection of personnel to fill a particular position must reflect the requirements of the position for which the test is being ad. ministered. 5 Ordinance No. 2 Page Six . When an appointment is to be made to a vacancy in the com- petitive service, the Personnel Officer shall transmit to the appointing authority the names of all persons on the appropriate certified employment list in the order in which they appear on the list. ' Section 2-2 . 08 Appointing authority The City Manager shall be the appointing authority for all officers and employees of the city except elective officers, the city attorney, and persons appointed by the City Council to the Planning Commission or other boards, commissions and committees who are not salaried regular employees of the city. Appointment to department head positions shall be submitted to the City Council for concurrence and confirmation. Section 2-2. 09 Criminal conduct: Ineligibility for employment Except as otherwise provided in this section, the conviction ' (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be a prima facie disqualification of an application for employment by the city; provided, however, the appointing authority may disregard such conviction if it is ' found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appoint- ing authority shall consider the following factors: ' (a) The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction; (b) The nature and seriousness of the offense; (c) The circumstances surrounding the conviction; (d) The length of time elapsed since the conviction; (e) The age of the person at the time of conviction; (f) The presence or absence of rehabilitation or efforts at rehabilitation; and (g) Contributing social ovEenvironmental conditions. The appointing authority shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment. An applicant who is disqualified for employment under this ' provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days after the date of the notice of disqualification. ' The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the city manager on the appeal shall be final. 6 ' Ordinance No. 2,6 Page Seven ' Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access ' to and to utilize State summary criminal history information when it is needed to assist them in fulfilling the employment duties set forth in this section; the city manager, city attorney, and personnel officer. Section 2-2.10 Layoffs and reemployment ' Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for a position no longer exists, the City Council may abolish any position or employment in the competitive service, and the employee holding such position oremploymentmay be laid off with- out being subject to disciplinary action and without the right of appeal. The order of layoff of employees shall be established by the Personnel Officer on the recommendation of the department head 1 involved. The department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list; provided, however, no regular or pro- bationary employee shall be laid off from his position in any ' department while an emergency, temporary, or provisional employee is serving in the same class in that department. Employees to be laidoff shall be givenatleast fourteen (14) days ' prior notice. The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon!'--reemployment lists for one year for those classes requiring basically the same qualif- ications, duties, and responsibilities of the class from which the layoff, or demotion in lieu of layoff, was made. Personswhosenames are placed on reemployment lists in ' accordance with the provisions of this section, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence during such period of absence and shall be entitled to all 'benefits accruing from such leave. Section 2-2.11 Improper political activity The political activities of city employees shall conform to the pertinent provisions of State laws. Any person holding office or inthe employ of the city shall not distribute badges, pamphlets, ' handbills or petitions or participate in any political campaign or political activity if such campaign or activity is carried on during hours of work or when the person is dressed in a uniform identifying such personasan employee of the city. 1 7 Ordinance No. 210 Page Eight Section 2-2.12 Discrimination No person in the employ of the city, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against, because of ' political opinions or affiliations, race, color, ancestry, national origin, religious creed, age, or sex, or because of the exercise of his rights pursuant to the provisions of Section 3502 of the Government Code of the State. Section 2-2. 13 Right of appeal 1 Any employee of the city shall have the right to appeal any disciplinary action or alleged violation of this article, or the rules or policies adopted hereunder, except in those instances where the right of appeal is specifically prohibited by this article or the rules or policies adopted hereunder. All appeals shall be concluded as expeditiously as possible ' and in accordance with the requirements and procedures set forth in the personnel rules, policies, and regulations adopted pursuant to this article. • Section 2. The provisions of this ordinance are intended to supersede any provision of Ordinance No. 2 which is in conflict therewith. Section 3. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Secton 36933 of the Government Code; shall certifv the adoption and Posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. Section 4 . This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty-first (31st) day. after passage. 8 Ordinance No. 2� Page Nine 1 tThe foregoing ordinance g g was introduced, adopted, and ordered published at a meeting of the Council held on July 14 , 1980 by the following roll call vote; AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None \ IROBVRT��J. WILKINS JR. , Mayor ' MU RAY L WARDS , City Clerk A ROVED AS TO RM: ALLEN GRIMES, City 'Attorney 9 ' CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 24 passed by the Atascadero CityCouncilat its regular Council meeting held on _July 14, 198 RAYWARDEN, City Clerk O ty of Atascadero, California t _