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HomeMy WebLinkAbout68-40 Establishing Personnel Systemfollows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING A PERSONNEL SYSTEM. The City Council of the City of Costa Mesa does ordain as Section 1. ADOPTION OF PERSONNEL SYSTEM. In order to formalize 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 appoint- ments and promotions of employees will be based on the merit prin- ciple and fitness; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. Section 2. ADMINISTRATION OF PERSONNEL SYSTEM. The personnel system established by this Ordinance shall be administered by the City Manager who shall be the ex -officio personnel officer. The City Manager may delegate any of the powers and duties conferred upon him as ex -officio personnel officer under this Ordi- nance to any other officer or employee of the City or may recommend that such powers and duties be performed under contract. The person- nel officer shall: A. Administer all of the provisions of this Ordinance and of the Personnel Rules. B. Prepare and recommend revisions and amendments to the Personnel Rules. Such revisions and amendments shall be submitted to the City Council for adoption. C. Maintain and administer a position classification plan including class specifications and revisions of the plan. D. Prepare or cause to be prepared a plan of compensation and revisions thereof covering all classifications. Posi- tions having similar duties and/or level of responsibili- ties shall be classified and compensated on a uniform basis, The City Council, upon recommendation of the City Manager, may contract with any qualified person or agency for the performance of such technical services as may be necessary for the effective opera- tion of the personnel system. -1- Section 3. SCOPE. All offices and positions of the City are divided into the classified service and exempt service. The exempt service shall include the following: A. All elected officials and members of boards and com- missions. B. The City Manager, City Attorney, City Clerk and City Treasurer. C. Architects, consultants, counsel and others rendering temporary professional and/or contractual service. D. Voluntary personnel and personnel appointed to service without pay. E. Emergency employees who are hired to meet the immedi- ate requirements of an emergency condition, such as fire, flood or earthquake which threatens life or property. F. Such other positions involving seasonal or part-time employment. The classified service shall include all other positions that are not specifically placed in the exempt service by this Ordinance. The provisions of this Ordinance and of the Personnel Rules shall be applied only to the classified service unless otherwise specifically provided. Section 4. ADOPTION OR AMENDMENTS OF RULES. The Personnel Rules are to supplement this Ordinance and are to be prepared by the City Manager and adopted by the City Council by resolution. These Rules may be amended from time to time by the adoption of a resolution by the City Council. Rules may be formulated as necessary and proper to carry out the intent and purpose of this Ordinance, and Rules must be formulated to establish specific procedures to conform with the following phases of the personnel system: A. The preparation, installation, revision and mainten- ance of a position clasification plan covering all positions in the classified service. -2- B. The formulation of minimum standards and qualifications for each class of position. C. The public announcement of vacancies and examinations and the acceptance of applications for employment. D. The preparation and conducting of examinations and the establishment and use of employment lists containing names of persons eligible for appointment. E. The certification and appointment of persons from employ- ment lists to fill vacancies and the making of acting and emergency appointments. F. The evaluation of employees during the probation period and at least annually thereafter. G. The transfer, promotion, demotion and reinstatement of employees in the personnel system. H. The separation from the service of employment through layoff, dismissal, suspension and termination and incapacity to perform required duties. I. The standardization of hours worked, attendance and leave regulations, working conditions and the develop- ment of employee morale, welfare and training. J. The maintenance and use of necessary records and forms. K. Suitable provision for orderly and equitable presenta- tion to the City Council by employees of matters relat- ing to general conditions of employment. L. The establishment of criteria for employee representation and establishing limitations and prohibitions in connec- tion therewith. M. The criteria for determining management personnel. Prior to any consideration by the City Council of any pro- posed rules amendment and/or revision of rules, said rule amend- ment and/or revision of rules shall be publicly posted and any recognized employee organization shall be given reasonable written notice of said rule amendment and/or revision of rules together with notice of time, place and date of hearing by the City Council. At the time of consideration, any interested person and/or recognized employee organization may appear and may be heard. -3- Section S. APPOINTMENT. 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 practi- cable by competitive examination. Examination shall be used and conducted to aid in the selection of qual- ified employees and shall consist of recognized selec- tion techniques which will test fairly the qualifica- tions of candidates. Examinations may include, but are not limited to, achievement and aptitude tests, written tests, personal interviews, performance test, physical agility test, evaluation of daily work performance, work samples, physical and medical tests or any combin- ation thereof. In any examination, the personnel officer may include, in addition to competitive testing, qualification test or tests and set minimum standards therefor. E. Appointments to the classified service shall be made by the appointing authority subject to the approval of the City Manager. C. Vacant positions in the classified service may be filled only by appointment from an eligibility list, by acting appointment, by transfer, by reinstatement or by demotion. D. In the absence of appropriate eligibility list, an acting appointment may be made by the appointing authority. An eligibility list shall be established within six (6) months for any permanent position filled by acting appoint- ment. No person shall be employed by the City under acting appointment for a total of more than six (6) months in any fiscal year, except that the City Manager may extend the period of any acting appointment for successive thirty (30) day periods with notification to the City Council of such extensions. E. Appointment to emergency or seasonal positions may, but need not be made from eligibility lists and those appoint- ments shall not be in the classified service. -4- F. During the period of suspension of any employee, or pend- ing final action on proceedings to review the suspension, demotion or dismissal of employee, the vacancy may be filled by the appointing authority only by an acting appointment. Section 6. TENURE OF EMPLOYEES, Tenure of employees in the classified service shall be subject to good behavior, satisfactory work performance, necessity for the per- formance of work and the availability of funds. A. All regular appointments including promotional appointments shall be for a probationary period of one (1) year of contin- uous service. 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 in which he has been promoted shall be reinstated to a position in the class from which he was promoted, unless he is discharged from City service as provided in this Ordinance and the Rules. Section 7. STATUS OF PRESENT EMPLOYEES. Any person holding a position included in the classified service who, on the effective date of this Ordinance, shall have served the completed probationary period in such position or in some other posi- tion included in the classified service shall assume regular status in the classified service in the position held on such effective date without qualification examination or working test, and shall there- after be subject, in all respects, to the provisions of this Ordinance and Personnel Rules. Any other person holding a position in the classified service shall be regarded as holding their position or employment as proba- tioners who are serving out the balance of their probationary period before obtaining regular status. The probationary period shall be completed from the date of appointment or employment. Section 8. APPLICABILITY TO CERTAIN EXEMPT POSITIONS. The provisions of the Personnel Rules relating to attendance and leaves shall apply to the City Manager and City Clerk. -5- Section 9. DEMOTION, DISMISSAL, REDUCTION IN PAY, SUSPENSION. Any appointing authority shall have the right for cause to demote, dismiss, reduce in pay or suspend without pay for not more than thirty (30) calendar days any person holding a position or employment made in the classi- fied service. Notice of such demotion, dismissal, reduction in pay or suspen- sion must be in writing and served personally on such employee immediately; except where an emergency situation exists, in which case the demotion, dis- missal, reduction -in -pay or suspension notification shall be served within three (3) working days of the demotion, dismissal, reduction in pay or suspen- sion action taken. Such notice shall specify the penalty and other state- ments of reason or reasons therefor. The provisions of this Section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to elim- inate positions. Section 10. APPEAL. Any employee in the classified service shall have the right to appeal to the City Manager. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the Personnel Rules and Regulations adopted pursuant to this Ordinance, except in instances where the right of appeal is prohibited by this Ordinance. Nothing in this Ordinance shall preclude any employee or the public agency from seeking redress under the law after having followed the appeal procedures permitted for herein. Section 11. POLITICAL ACTIVITY. The political activities of the City employees shall conform to pertinent provisions of State law. The violation of any provision of this law is grounds for discharge of any officer or employee. Section 12. DISCRIMINATION. There shall be no discrimination against any person seeking employment or against any employee in the classified service because of any considerations of religious or political affiliation or belief, member- ship in or attitude toward an employee organization, ethnic or geographical origin or race. Section 13. EMPLOYEE REPRESENTATION. Any employee of the City of Costa Mesa shall have the right to join or associate with an employee organization; have the right of individual zepresentation; or have the right to refuse to join or bZ participate in any employee organization. Neither the City of Costa Mesa nor any organization representing employees within the City of Costa Mesa shall interfere with, intimidate, restrict, coerce or discriminate against any public employee because he has joined or refused to join any employee organization. Section 14, RIGHT TO CONTRACT FOR SPECIAL SERVICES. The City Manager may consider and, if necessary, contract for the performance of technical services in connection with the development and administration of any phase of the personnel system under the contractual procedures established by the Costa Mesa Municipal Code. Section 15. ABOLITION OF POSITIONS. Whenever, in the judgment of the City Council, upon recommendation of the City Manager, it becomes necessary in the interest of economy and/or because the necessity for the position involved no longer exists, the City Council, upon recommendation of the City Manager, may abolish any position or employment in the classified service and the employee holding, such a position or employment may be laid off effective thirty (30) days after notice in writing, exclusive of any vacation period accrued, without the right of appeal. The name of such employee so laid off shall be placed on the appropriate re-employment list as provided by the Rules or such employee may be reappointed should such position or employment of any position involving all or a major portion of the same duties be reinstated or created within one (1) year, Section 16. APPROPRIATION OF FUNDS. The City Council shall appropriate such funds as are necessary to carry out the provisions of this Ordinance and the Personnel Rules, provided that at the time of appropriation, the provisions of this Ordinance do not require actions which would be contrary to sound fiscal management. Section 17. SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it passes this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause or phrase be declared r unconstitutional. Section 18. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption and shall within fifteen (15) days after its passage be published once in the Orange Coast Daily Pilot, a newspaper or general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. ATTEST: PASSED AND ADOPTED this day of //42/ey, Sze , 1968. mayor ot trie city of Cosea Mesa C14yfe 4--"f -4 Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa hereby certify that the above and foregoing Ordinance No. was introduced and considered section by section at^regu meeting r-- meeting of said City Council on the /- day of 7l��„,/�� , 1968, and thereafter passed and adopted as a wh o eat a�p,reguTar meeting of said City Council held on the day of tiJ✓zw.d « 1968, by the following roll call vote: qq AYES: NOES: ABSENT: IN WITNESS WHEREOF,.I have hereunto set my hand and ffixed the seal of the City of Costa Mesa, this /q>` day of w.4 " , 1968. 'LIP��'k Zity Tier annex-otticto ClerT i776 City Council of the City of Costa Mesa -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. 1 am theLegal Advertising tdanager of the ORANGE COAST DAILY PILOT, a newspaper of Ben. oral circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify that City Ordinance NuMber 68-40 , of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on November 23,1968 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 23 , 1968 , at Costa Mesa, California. (SgnnNnl STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) 1, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 68-40 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 4th day of November , 196—Sand thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18t_11_day of November , 196$, by the following roll -call vote AYES: COUNCILMEN - WILSON, TUCKER, ST. CLAIR, JORDAN, PINKLEY NOES: COUNCILMEN ABSENT: COUNCILMEN - NONE I FURTHER CERTIFY that said Ordinance No 68-40 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 23rd day of November 196. City Clerkand ex -officio Clerk of the City Council of the City of Costa Mesa -- ..LEGAL NOTICE a. '4 LEGAL NU-lff, b NO. IA All .Vbar appoin"ON loCkeping ORDINANCE CITY OI: 1 1 le 1shall+a for i AN ORDINANCE OF TXE A a prottionary Porka lfne COSTA MESA ESTABLISHING PERSONNEL SYSTEM. of Dualne pf0 ^ e GN Council oI me eI '. f'ronary e51W,' Me emplwm me The Cn51a Mesa does create as Whims: Ire rejected at em time without Section 1, ADOPTION OF PERSON" y right N appeal ., hearing. NEL SYSTEM. B. Ad. employee miectea during, the 1°rellu ilable In order to m ymbati°;ury, Period Rom a Position uniform procedure for chatan6 in which he Ns been prompted shall and Xrmnn<I m tiers; t0 Vracl he reinstated to a poyslllon In the Ilrom with b mnniao.1 service me hest dna +ed, .sass which he as chomped, caw mo51 rAmMkrd Pe s eva�Mbl<; b vmess he Is alacharped from that pupped ants a proweea In this OraiMnce e at PIOYNs will be nazsd and 1M1e Rules. motions the me it Principle a a XMess: Section T. STATUS OF PRESENT n o d b provide i a ab k dNree I Pbvees, EMPLOYEES. MY person holding a Position Included A ecurit lw puelillaa Me Ie1I°wlf9 personal sVskm is hereby in the CNsslfled service who, on the Nleclive date at this Ordinance, Shall adopted. ADMINISTRATION OF have spread the wmpleled probe .i t.. ]. PERSONNEL SYSTEM. tonight in such Ipon in t The nal +em establish. by Amer position included in a aassinea sols ONinenU :ban ce amlhHkraa Piga Snail sen regular slams by Ing CIN Manager who shall a m me classifieds sella in IMP •fled the-ONicio personnel Olflar. The eManeglr held on so. elledlve date wlfneVl CIN MIMa'. m of quallficallon xisInatbn r w has the psoM dulls cm(erred poi . ld test, and Mall ms,"Her be ubiact, M1im exdlido P nal pH'ner alhls ell pact, be He previsions OI one ar Ord Ini;vee b inV TniS OrdIM°R ell Posetlnet Road, Olicef O m bvee of the CiN of ` ! Any M<r person c.,.7. =.•Ion ell •hat s h pmvera In the daaMlea an Gall regnb n, euiies be xrformad under contract. 1 .pd ^olamp tneR pasltlsd °r emploT Th, perwnnet oNker M.": merit s baliwo x wa areill q, gdminial r all of Me prw/No. gut the liana Of Meir pr albMry f sols Ortlinana aM.ol M! PerSmMl period CNhre oblalninI r kr IaNs. Ta matlhrery period alPoae core Ruin. end rlvlslons and r pokktl Isom ine dare or mproent . Prepare and a M it to Me Personnel pbymm Rule, Such rwlslOnS O mamems I. r I r IEXEMPTPPOSTONS. TO CER M1all be submit t° the Clry C°mdl TAS N The provisions I fa Personnel Rules !or adcoti'n and atlmi..eta a Posilass reefs b N epn and IUVK all reefing eCIN `Manager eCIN C. Malnlaln dasyficetl°n oleo IndVding c ply the all epecifiUti°ns and rev up 1. hf the Plan. °f We b be prepare Clerk. Section 9. DISMISSAL, D. Prepare Of c notireall evIsd IN PAY, S REDUCTION IN PAY, SUSPENSION. put Merepl veI all Iapit 1 fipM. I AnY minting authority She ave POSitions M1avi similar dutln M/Or rl.M for C.se he demote, dapples; level I re enneitI nadu a z lh¢ so reduce In oa Or sus..with classlll<tl aMP Comp<nsebd cn e IOr of mUe fan MIrN 1]0l tiilorm I. I cxkndar tlays nY MrSon n°lellg a Ie MP The City C...siil. Pon r yotribes or employment h of Me CM Manager, they I Ia5s11ietl seri Nhtia N Pith MnW mentletion with uellfistl mrwf I tion. dIMd_h rMudimi n baYl o; wnnne confncf cont. __... Me nenarmana r ananennlnn must be in a M the 1Tppay-9 noHNURon hall NSSNIaa be served s within o there In wmkgn. exempt I date W Me drench n, abmiseal, eaoe flan In a tbn taken. emaml SVen notice orn.,I reeciN Me Penalty .all diner statements of re 1Hohns" emns therefor. When small ul reThe Ofirl;.1 s of Ini6 $K wnlcM1 not mad, Ih reeVtliOna In eV Iry VP pert 0 a general plan +o Oct. rP I Syme s peri all ween w f0 e nn elimlMte msiMns. y e Section lo. APPEAL. a are .Any employee in the classified service W. - hall have the right to a I be Millon, Ge City Manager. All eoPUls Ma11 rlauake Me concluded a xiedlU.Im" as mssi" in i ble all dr=e lin la r she ..it Pro as sty Orth L on lthe Personnel RVIe6 d If?%Ended "nciu t I :awiea .m he this ormhance of com IaPina.nas where me r'�nl exemol i mhMMd by pMan lMDeal ce. Hording In this Ordinance strait les snan preclude an, m Ioyee w the pumm " ice agency from eseeklre redress unter he OR f^e bw it,, avlM bllowetl fa eel _Worse P. th W for rehabs. to 4y rPSection 11. POLITICAL ACTIVITY. t a e to The political eCllvflres a fa CIN Manegto l emploYHe 'bell nl°rm to fllnenl rovismns r sbfe law. Th. vbbnon mndt ev ar am P.helsm^ a sob law b grounds be amend for deactnerie of any office' or 1 the perwnnal sysnm: r nI uoe ___ ._ he pit rail Ibattlall°n, mann'Odion, ¢mole er madlimmeal all" mainknantt M a meltgon arigln or race. pion hien covering all °MltioM Section 13, EMPLOYEE REPRESEN- lardllee servitt. TATION. formulation M minimum stem Any pIoVN M Me' Citi N Coils N Goal iRUlgoM for peen Class Mesa mall nave me right to bol^ gubnc announcement Of vacs^- is+°'"°^ en emaova omaaeal ° bion ssenaye me rO1 r mamieval �damination and me ao m;np tenon: or •nave the nant to examinations applmen°ns err emplw ;emu M loin er participate in any .4gnmiarhmi. he pre°antion M a0Clire employerHarper the CRY d Costa Mesa aMnonM alltie esf.enanment m. per cannon nmexnnno 1 emplwment nm c m.Mme pbYms wpitnin me CIN Malt' M persons mapible inr eo fMM snan imn"a Hors, Infimieae. M. restrict, coerce or aIBcnmbate heath be certification and avminimmt any public °•wee geed Se tie has s true mpiwm<M oats to l°IMe pr .ptosed ro Ian .m emplwee e cls all mwMaids of acting pr9vanrizatb;e. RIGHT TO CONTRACT a.n. ....required mase xn........ permrm Section 15. gBOLITION OP POSb O tion d M1oun orb I'MNS.nevPn In the judgment or ties (Pave rap IatlmS. CU, Chundl. VPo mmmenaateclaaon til ria me dev<bMneM He CIN Managef,nitrbecnmes nary dlor ale, weHare dna per.cm ine frac Siv M. Ire sNion oa fand use Ot I._,. re nbnPer _"a, the City orms. ewncn, umn eMafbn a me vision err orderly OIV MPMPer. fr Ya rbnllm msltlhn !ntatlen +^ra len mPlwm¢nP In Me clrulfiM brvlu bei tf4naribnP dl and me emobveP hoeing n Position or employment v rhe laid an a c.neaa m. ar of dlmr tnv'r i5iue amber atter nonce to wnnra. ntau°n all cation Part, accrued without ine S e and Prhmbit right ar aPMal. The as e. of sn N .1 m hype s° raid Of small N pbc`M err aet.rmmm^ an PMe appropriate mplwm<In ust us, servces by me Ryles r then mmeratl°n M me emPlwa mer ce r apmmhd shine . les such ^tion• n amobYmeant a r Vifon a1 roles, hshi i 1 ypl an or . m mf mon exit .hemi rayialon of Me some dunes he remphited °r n 5. APPOINTMENT. contrary I Pointmenla M vacant gootiom SecliOn one iee M-¢. snarl ba m ae 11 any a rWnce IM Me Personnel ks. tenc , ants add emanations shell M Ordinance aril and rs Oftneas to be 9 the n nee So far ble by MII not a (1) rear. APPROPRIATION OF an Shelf WIM the names me memoers o/ the Classified the City Council voting IOr and geinsr meappointing me acme. approval Of PASSED ANO AOOPTEO this lath �eeY IN A. L. ser,PIN LE me classified Mayor yo PI NKLEY OnIY W. ...salu :CiH City SIX (6) mo ma n any Ideal Year, V '^"'alnlme"Pdied except MattheeoH ManeCer may I a nnee:eana ec"'D ea'ene 'Me W acting a evd dMlm al regular Ina IN eS For Ire (the Itl CIH Cwncil the AM aa, of doe,l ion t ay ods wnn"noNncaron to Ilse November, 1969. and MereaHer passed City Council of such exlenskns. and addeted a wMk el a rel aCIH E. AOPoimmenl to meraencY • ebut eeNnp of said Council held n xheaz onaI positions may, need MI the 16M do, of Novembee V66 W made from eligibility Ilih antl Me lo"N" ad roll tell vole: .hoed a ointments shall not Ce M AYES: Wilson, Tucker, St. Clair, the classfl.a service. Jordan, Plnklry F. burin Me period of suspension NOES: None action Yo mroodding5 e. ASSENT. fp revIm the INES`RWHEREOF, 1 have demotion Or dismissal of hereunto xt. MY hard and meed me empbvee� Me vacancy may be filled seal of the City IN Cosh Mesa, this by Me a ailing "MorHy only W fah day Of November, I., a acting appointment. C. K. PRIEST Se ction 6. TENURE OF City CISM aM EMPLOYEES. Pe a -Ncto Clerk OI Tenure of employees in the classified Me City Council se"He shall be mblecl to POW M he CIH behamo., s a II s I .I I o r Y work a Costa Mesa pnlours e, easily ler IM1 a Published Orange Coast Daily Pilot, Performance Of work and Me Wallabll4 November PS, .1966 101