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HomeMy WebLinkAboutOrd 157 ORDINANCE NO. 157 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY ADDING CHAPTER 2.40 TO THE CATHEDRAL CITY MUNICIPAL CODE, PERTAINING TO THE ESTABLISHMENT OF THE CITY PERSON- NEL SYSTEM. The city council of the City of Cathedral City does ordain as follows: SECTION 1. A new chapter, to be numbered 2.40 hereby is added to the Cathedral City Municipal Code, to read as follows: Chapter 2.40 PERSONNEL Sections: 2.40.010 Adoption of personnel system. 2.40.020 Definitions. 2.40.030 Administration. 2.40.040 Classified service. 2.40.050 Adoption and amendment of rules. 2.40.060 Appointments. 2.40.070 Probationary period. 2.40.080 Status of present employees. 2.40.090 Demotion, dismissal, reduction in pay, suspension, reprimand. 2.40.100 Right of appeal. 2.40.110 Lay-off and re-employment. 2.40.120 Political activity. 2.40.130 Abolition of positions. 2.40.140 Contracts for special service. 2.40.150 Absence due to compensable injury or disease. 2.40.160 Scope of personnel rules concerning eligibility. 2.40.170 Unlawful employment practices. 2.40.010 Adoption of personnel system. In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted. 2.40.020 Definitions. The terms used to administer the personnel system shall be defined in the personnel rules. 2.40.030 Administration. The city manager shall administer the city personnel system and may delegate any of the powers and duties to a personnel director or may delegate the appointing authority granted by the city council to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.40.140 of this chapter. The city manager shall: A. Act as the appointing authority for the city. B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council. C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules. D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. 009849 - 1 - E. Have the authority to discipline employees or to delegate such authority, in accordance with this chapter and the personnel rules of the city. F. Provide for the publishing or posting of notices of tests for positions in the city service; the receiving of applications therefor; the conducting grading e eligible for appointment and to of the tests;appropriate the certification position in of a the list city of serviceall p ; and rsons performing any other duty that may be required to administer the personnel system. 2.40.040 Classified service. The provisions of this chapter relating to the classified service shall apply to all offices, positions and employments in the service of the city, except: A. Elective officers. B. The city manager and all personnel regularly assigned to the city manager's office. C. The city attorney and any assistant or deputy city attorneys. D. Members of appointive boards, commissions, and committees. E. All department heads and assistant (or deputy) department heads. F. All division heads. G. All section heads. H. All police department personnel having a salary range above that of a sergeant. I. All planner positions in the department of community development having a salary range above that of assistant planner. J. The city engineer, associate engineer, and plan check supervisor. K. Persons engaged under contract to supply expert, professional, technical or any other services. L. Volunteer personnel, such as volunteer firefighters and reserve police personnel. M. All council-appointed city officers. N. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property. 0. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand and forty (1040) hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules. P. Any position primarily funded under a state or federal employment program. Employees not included in the classified service under this section shall serve at the pleasure of their appointing authority. 2.40.050 Adoption and amendment of rules. Personnel rules shall be adopted by resolution of the city council. The rules may establish regulations governing the personnel system, including: A. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the city service, including employment standards and qualifications for each class. B. Appropriate announcement of the selection process and acceptance of applications for employment. 0 0, 08 5 7 - 2 - C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment. D. Certification and appointment of persons from employment lists, and the making of provisional appointments. E. Establishment of probationary testing periods. F. Evaluation of employees during the probationary testing period and thereafter. G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the city service. H. Separation of employees from the city service. I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements. J. Specification of hours of work, overtime, leaves of absence. K. Establishment of a procedure for the handling of grievances and appeals. L. Such other matters which the council considers necessary or desirable for the administration of a personnel system in the city. 2.40.060 Appointments. A. Appointments to vacant positions in the classified 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 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 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, medical and psychological tests may be given as a part of any examination. In any examination the city manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. B. The appointing authority of employees in the classified service is the city manager. The city manager may delegate the appointing authority to any other officer or employee of the city. 2.40.070 Probationary period. A. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months or longer as determined by the personnel rules. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. B. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the city service as provided in the personnel rules. If no vacancy exists in such position, he shall be placed on a re-employment list as provided in the personnel rules. C. An employee in the classified service promoted or transferred to a position not included in the classified service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the classified service. If no vacancy exists in such a position, he shall be placed on a re-employment list as provided in the personnel rules. 009S 5,1 - 3 - 2.40.080 Status of present employees. A. Any person holding a position included in the classified service who, on the effective date of this chapter, shall have served continuously in such position, or in some other position in the classified service, for a period equal to the probationary period described in the rules for his/her class, shall assume regular status in the classified 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 classified service shall be regarded 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. 2.40.090 Demotion, dismissal, reduction in pay, suspension, reprimand. The city manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for cause (except for council-appointed employees) in accordance with procedures included in the personnel rules. 2.40.100 Right of appeal. A. Any employee in the classified service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge 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. B. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter. 2.40.110 Lay-off and re-employment. Lay-off and re-employment actions shall follow the process outlined in the personnel rules. 2.40.120 Political activity. The political activities of city employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law. 2.40.130 Abolition of positions. The city council may abolish a position in the classified service or otherwise in the city service. 2.40.140 Contracts for special service. The city manager shall consider and make recommendations to the city council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The city council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: A. The preparation of personnel rules and subsequent revisions and amendments thereof. B. The preparation of a position classification plan, and subsequent revisions and amendments thereof. C. The preparation, conduct and grading of competitive tests. D. The conduct of employee training programs. E. Special and technical services of advisory or informational character on matters relating to personnel administration. 000&52 - 4 - 2.40.150 Absence due to compensable injury or disease. Any period of time during which an employee is required to be absent from his position by reason of an injury or disease for which he is entitled to receive compensation under the provisions of Division 4 of the Labor Code (commencing with section 3201) is not a break in his continuance service for the purpose of his right to salary adjustments, sick leave, vacation or seniority prescribed in the personnel rules and regulations. 2.40.160 Scope of personnel rules concerning eligibility. A. A person who possesses all the minimum qualifications for a position in the city service is eligible to take the examination prescribed for the position regardless of the person's age. Neither the city manager or other appointing authority may adopt a rule prohibiting the employment of a person otherwise qualified solely because of age. B. The minimum or maximum age limits for any city service examination may not be established and age shall not be a minimum qualification for employment in the city service. 2.40.170 Unlawful employment practices. The employment practices declared to be unlawful by section 12900 et seq. of the Government Code are prohibited with respect to the city service. SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council; shall certify to 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. The foregoing ordinance was approved and adopted at a meeting of the City Council held on November 19 , 1986 by the following vote: Ayes: Councilmembers Di Grandi, Krings, Murphy, Paquette and Mayor Hillery Noes: None Absent: None /LI // AYOR • TTEST _40. CI ' LERK APPROVED AS TO FORM: APPiOVE J TO C9}NTENT: J f CITY TORNEY CITY MANAGER 0., J - 5 - I , MAXINE E. CLEM, City Clerk of the City of Cathedral City , hereby certify that the foregoing is a full , true and correct copy of Ordinance No . 157 adopted by the City Council of the City of Cathedral City , at a regular meeting of said City Council held on the 19th day of November , 1986 , and that the same was posted within 15 days of the above date in at least the three public places specified for such postings by the said City Clerk. /// *r Ma i E. Cle City Clerk (: