In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal services 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, the human resources system in this chapter is adopted.
(Ord. 1506 § 2, 2015)
The city manager shall be the human resources officer. The city manager shall be assisted by the director of human resources. The city manager may delegate any of the powers and duties conferred upon him or her as human resources 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 Section 2.52.190. The human resources officer shall:
(a) 
Administer all the provisions of this chapter and of the human resources rules not specifically reserved to the city council;
(b) 
Prepare and recommend to the city council, personnel or human resources rules and revisions and amendments to such rules. The city attorney shall approve the legality of such rules and amendments prior to their submission to the city council. The rules and any revisions thereof shall become effective upon approval by the city council;
(c) 
Prepare or cause to be prepared a position classification plan, including class specifications and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council;
(d) 
Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the city council;
(e) 
Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and scoring of examinations; the certification to the appointing authority a list of all persons eligible for appointment in the appropriate class in the competitive service.
(Ord. 1506 § 2, 2015)
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 firefighters and reserve police officers who receive no regular compensation from the city;
(e) 
City manager;
(f) 
City attorney;
(g) 
City clerk;
(h) 
Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake that threatens life or property;
(i) 
Limited service personnel (including intermittently employed employees, per diem, hourly and seasonal employees).
(Ord. 1506 § 2, 2015)
Human resources rules shall be adopted and may be amended from time to time by resolution of the city council. The rules shall establish specific procedures and regulations governing the:
(a) 
Preparation, installment, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;
(b) 
Preparation, revision, administration and annual review of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;
(c) 
Preparation of public announcement of all tests and the acceptance of applications for employment;
(d) 
Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
(e) 
Certification and appointment of persons from employment lists, and making of temporary and emergency appointments;
(f) 
Evaluation of employees during the probationary period;
(g) 
Transfer, promotion, demotion, and reinstatement of employees in the competitive service;
(h) 
Separation of employees from city service through layoff, suspension and dismissal;
(i) 
Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;
(j) 
Grievance and appeal procedures;
(k) 
Establishment of adequate human resources records.
(Ord. 1506 § 2, 2015)
Appointments to vacated positions in the competitive service shall be made in accordance with the human resources 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 achievement and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work samples or any combination of these which will test fairly the qualifications of candidates. Physical performance and medical tests may be given as a part of any examination. All appointments are subject to a medical examination prior to employment. In any examination the human resources officer may include in addition to competitive tests a qualifying test or tests, and set minimum standards therefor. Appointments shall be made in accordance with the following provisions:
(a) 
Appointments of all officers, heads of departments and divisions and the employees of the city, and the general control over the same is vested exclusively in the city manager who is the appointing authority, subject to the approval by the city council. The city manager may delegate to department directors or division managers the authority to appoint and supervise persons to the competitive service.
(b) 
When appointment is to be made to a vacancy in the competitive service, the human resources officer shall transmit to the appointing authority the names of candidates who qualified in the examination.
(c) 
In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position not to exceed six months. A provisional employee may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or discharge of an employee such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the human resources rules.
(Ord. 1506 § 2, 2015)
All appointees, applicants, and prospective employees shall submit to fingerprinting or similar identification at the police department. The police department shall submit the fingerprint identifying information to the Department of Justice and the Federal Bureau of Investigation.
(Ord. 1506 § 2, 2015)
An applicant shall be prima facie disqualified for employment, licensing, or certification if the investigation reveals that he or she was convicted of a felony. As used herein, conviction shall include pleas of nolo contendere. The city manager, as human resources officer, is specifically authorized to receive such information and shall ensure that it is not disseminated to persons unauthorized to review such information.
(Ord. 1506 § 2, 2015)
An applicant who is thus prima facie disqualified for employment may make an appeal in writing to the city manager. The city manager shall consider the mitigating factors such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions, the nature and seriousness of the conduct, the circumstances surrounding the conduct, or the position for which the person is applying and whether the conviction is unrelated to that position. The city manager shall render a decision based on the above factors that shall be final and conclusive.
(Ord. 1506 § 2, 2015)
Notwithstanding the general appeal rights given applicants in this chapter, applicants for a position as peace officer shall be conclusively disqualified for conviction of a felony and have no rights of appeal.
(Ord. 1506 § 2, 2015)
The city manager shall report to each appointee the fact of the appointee's suitability for city service. In the event the city manager determines that the character and background of an appointee makes the appointee unsuitable for city service, the city manager shall take appropriate action.
(Ord. 1506 § 2, 2015)
No person shall be considered to have permanent employment, tenure or service with the city until a report has been received from both the local law enforcement agency, and the State Attorney General's office, and the Federal Department of Justice, and the city manager has acted pursuant to those reports.
(Ord. 1506 § 2, 2015)
Any appointee who refuses to comply with the provisions of this chapter shall be dismissed from any position he or she may then have without further consideration or action on the part of the city.
(Ord. 1506 § 2, 2015)
All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing.
An employee rejected during the probationary period from a position to which the employee has been promoted shall be reinstated to the position from which the employee was promoted, unless the employee is dismissed from city service as provided in this chapter and the human resources rules.
(Ord. 1506 § 2, 2015)
Whenever, in the judgment of the city manager, it becomes necessary, the city manager may, with the approval of the city council, abolish any position or combine a position with another position in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions shall not be subject to written charges nor shall they have the right of appeal in such cases.
Competency and seniority shall be observed in effecting such reduction in personnel pursuant to state law and the human resources rules. Lay-offs shall be made within classes of positions and all provisional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee. Probationary employees shall be laid off prior to permanent employees.
For the purpose of determining order of lay-off, total cumulative time shall include time served on military leave of absence.
The human resources rules shall make adequate provisions for the reemployment of qualified employees, in accordance with the following provisions:
(a) 
The names of probationary and permanent employees laid off shall be placed upon re-employment lists for classes that, in the opinion of the human resources officer, require basically the same qualifications, duties and responsibilities of those of the class of positions from which lay-off was made.
(b) 
Names of persons laid off shall be placed upon re-employment lists in order of their competency and seniority and shall remain on such lists for a period of one year unless re-employed sooner. For reemployment purposes, competency of a person laid off shall be determined by the department director in which such person worked.
(Ord. 1506 § 2, 2015)
Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in 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 or her 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 human resources rules.
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.
(Ord. 1506 § 2, 2015)
(a) 
Department directors and division managers shall have the right, for due cause, to demote, suspend without pay, reduce in pay or dismiss any permanent employee below the rank of department director. Notice of such action must be in writing and served personally on such employee. Where an emergency situation exists, the notice shall be served within three working days after the action is taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.
(b) 
Department directors shall serve at the pleasure of the city manager. The city manager may, after consultation with the members of the city council, demote, suspend, reduce in pay or dismiss any department directors of the city with or without cause and said department director shall neither be entitled to a hearing nor a statement of the charges.
(c) 
The provisions of this section shall not apply to reductions in pay that are a part of a general plan to reduce salaries and wages or to eliminate positions.
(Ord. 1506 § 2, 2015)
Any employee below department director level shall have the right of appeal to the city manager from any disciplinary action taken by the employee's department director or division manager. Such appeal must be filed with the city manager within ten working days after receipt of written notice of such disciplinary action; failure to file an appeal within such period constitutes a waiver of right of appeal. The appeal must be in writing, must be verified before a notary public, or made under penalty of perjury, and must state specifically the facts upon which it is based.
The city manager shall cause such appeal to be investigated and shall conduct a hearing as provided in accordance with the requirements and procedures set forth in the human resources rules adopted pursuant to this chapter. The decision of the city manager shall be final except as provided in Section 2.52.200.
(Ord. 1506 § 2, 2015)
No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against in violation of state law.
(Ord. 1506 § 2, 2015)
The city manager shall consider and make recommendations to the city council regarding the need and extent to which the city should contract for the performance of technical service necessary in connection with the establishment and revision of the operation of the human resources system.
(Ord. 1506 § 2, 2015)