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HomeMy WebLinkAbout1970-06-16; City Council; 1120; Personnel Merit System establishedORDINANCE NO. 1120 PERSONNEL ORDINANCE ORDINANCE NO. 1 1 20 a, C* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING A PERSONNEL MERIT SYSTEX. THE CITY COUNCIL OF THE CITY OF CARLSBAD DOES ORDAIN AS FOLLOWS: SECTION 1. ADOPTION OF PERSONNEL MERIT SYSTEM. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and nost competent persons available; to assure that appointments and promotions of employees will be based on,merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. SECTION 2. PERSONNEL OFFICER. The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this ordinance 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 150f this ordinance. The Personnel Officer shall: (a) Administer all provisions of this ordinance and of the personnel rules not specifically reserved to the Council. Prepare and recommend to the Council revisions and amendments to the personnel rules. legality of such revisions and amendments prior to their submission to the Council. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the (b) The City Attorney shall approve the (c) plan. The plan, and any revisions thereof, shall become effective upon approval by the Council. (d) Prepare or cause to be prepared a plan of compen- sation, and revisions, thereof, covering all classi- fications in the merit system. The plan, and any re- visions thereof, shall become effective upon approval .by the Council. (e) Publish or post notices of examinations for positions in the City service; receive applications therefor; conduct and score examinations and certify to the ap- pointing power a list of all persons eligible for 0 appointment to the appropriate position in the City serv i ce . SECTION 3. CITY SERVICE. The provisions of this ordinance shall apply to all offices, positions, and employments in the service of the City, except: 0 (a) Elective offlcers. (b) Members of appointive boards, commissions, and com- mi ttees. (c) Persons engaged under contract to supply expert, pro- fessional or technical services for a definite period of time. (d) Volunteer personnel who receive no regular compensa- tfon from the City. (e) City Manager. (Covered in separate ordinances - Nos. 1040 and 1088) (f) City Attorney (g) Emergency employees who are hired to meet the im- mediate requirements of an emergency condition, such as extraordinary flre, flood, or earthquake which threatens 1 ife or property. -2- 2. (h) Employees, other than those listed elsewhere in this section, who are employed less than half time which is hereby defined as employees who are expected to or do work less than 1040 hours in any one fiscal year. SECTION 4. ADOPTION AND AMENDMENT OF RULES. Personnel rules, prepared by the Personnel Officer subject to this ordinance and to revision by the Council, shall be adopted, and may be amended from time to time, by resolution of the Council after notice of such action has been publicly posted at least ten days prior to City Council consideration. shall establish specific procedures and regulations governing the following The rules B phases of the personnel system: (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) Preparation, revision, and administration of a plan of compen- sation directly correlated with the position classification plan, providing a rate or range of pay for each class. Public announcement of all tests and the acceptance of appli- cations for employment. Preparation and conduct of tests and the establishment and (e) (d) use of resulting employment lists containing names of persons eligible for appointment. (e) Certification and appointment of persons from employnent lists, and making of part time, temporary, and emergency appointments. Evaluation of employees during the probationary period. (f) (g) Transfer, promotion, demotion, reinstatement, disciplinary action, and layoff of employees in the City service. -3- (h) (i) Standarization of hours of work, attendance and leave Separation of employees from the City service. regulations, working conditions, and the development of employees' morale, welfare, and training. (j) Suitable provision for orderly and equitable presentations to the City Manager and to the City Council by employees relating to general conditions of employment, including the establishment of appeals procedures. (k) SECTION 5. APPOINTMENTS. Appointments to vacant positions in The establishment of adequate personnel records. 9, the City 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 examinations. shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques such as achievement aptitude tests and other written tests, personal interviews, performance tests, physical agility tests, evaluations of daily work perfornance, or any Examinations - 0 i J combination of these, which will, in the opinion of the Personnel Officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination. In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. Appointments of all Department Heads and other employees shall be made by the City Manager, except as otherwise provided in this ordinance. -Appointing Power: The City Manager may vest department heads with the power to appoint and remove officers and employees in their respective -I departments upon the following conditions: - -4- (a) Subject to the provisions of this ordinance and the rules and regulations promulgated thereunder; and (b) SECTION 6. PROBATIONARY PERIOD. All regular appointments, Subject to the written authorization of the City Manager. including promotional appointments, shall be for a probationary period of not less than six months except as otherwise indicated. During the proba- tionary period, the employee may be rejected at any time without the right of appeal or hearing. With respect to all department heads and newly employed uniformed police and fire personnel, the minimum probationary period shall be not less than one full year. B An employee rejected during the probationary period from a position to whiih he has been promoted shall be reinstated to the position from which he has been promoted, unless he is dismissed from the City service as provided in this ordinance and the rules. An employee in the City service promoted or transferred to a I /' position not included in the City service shall be reinstated to the position from which he was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this ordinance and the personnel rules for positions in the City service. SECTION 7. STATUS OF PRESENT EMPLOYEES. Any person holding a position included in the City service who, on the effective date of this ordinance shall have served continuously in such position, or in some other position in the City service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the City 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 ordinance and the personnel rules. -5- Any other p rsons holding positions City service shall be of their proba- regarded as probatiuners e who are serving out tionary periods as prescribed in the rules before obtaining regular sta- tus. The probationary period shall be computed from the first day of the first full calendar month after date of appointment or employment. SECTION 8. APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS. The -provisions of .the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions. SECTION 9. RESIDENCY REQUIREMENT. Residency in the City of Carlsbad is required of department heads, and such emergency personnel and key personnel as may be designated by the City Manager. This does not apply to personnel hired prior to the enactment of this ordinance. A six months' period is granted to these employees to comply with the ordinance and, at the discretion of the City Manager, an additional six months may be granted. P SECTION 10. APOLlTlON OF POSITION. Whenever in the judgment of the City Manager it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer * exists, then he may abolish any position or employment in the City ser- vice and layoff, demote, or transfer an employee holding such position or employment without filing written charges and without the right of appeal. The names of probationary and permanent employees laid off shall be placed upon re-employment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifi- cations and duties and responsibilities of those of the class of posi- tion from which layoff was made. Names of persons laid off shall be placed upon re-employment lists In order of their continuous cumulative time and shall remain on such lists for a psriod of one year unless re-employed sooner. SECTION 11. POLITICAL ACTIVITY. Any person holding an office or employment in the City service shall conform to the pertinent pro- visions of State law. -6- SECTION 12. POLITICAL ACTIVITIES NOT AFFECTED. This ordinance does not prevent any officer or employee from: (a) Becoming or continuing to be a member of a political club or organization. (b) Attendance at a political meeting. (c) Enjoying entire freedom from all interference in casting his vote. (d) Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, or other working conditions. B (e) Distributing badges, pamphlets, dodgers, or handbills, or other participation in any campaign in connection with _such petition,provided such activities are not carried on during hours of work or when dressed in the uniform required ,in any department of the City government. The violation of this provision shall constitute grounds for discharge. SECTION 13. DISCRIMINATION. No person in the City service, 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 or because of race, creed, or religious belief. SECTION 14. SOLICITATION OF CONTRIBUTIONS. No officer, agent, or employee, under the government of the City, and no candidate for any Clty office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntsry, for any political purpose whatsoever, from anyone on the employment lists or holding any position *? under the provisions of this ordinance. -.a -7- No officer or employee in the City service shall, directly or indirectly solicit or receive, or be in any manner coacerxed in 0 soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any purpose affecting his working conditions, from any person other than an officer or employee in the Ciir service. SETION 15. XGHT TO CONTRACT FOR SPZIAL SEZVICE. The City Manager shall consider and make recommendations to the City Council re- gardin; the extent to which the City should contract for the performance of tecMcal services in comection with the establishment or operation of the personnel system. or agency for the performance of all or any of the following responsibili- ties and duties imposed by this ordinaxice: The Council nay contract with any qualified person (a) The preparation of perso,mel rules and subsequeot re- visions and amendments thereof. (b) The preparation of a position classification plan, ad subsequent revisions and amendments thereof. The preparation of a plan of compensation, and subse- (c) quent revisions 3nd amendments thereof. The preparation, conduct, and grading of competitive (d) tests. Special. and technical services of advisory or informa- tional character on matters relating to personnel admin- (e) istration. SM;TION 3.6. APPROPRTATICN OF FuM)S. The Couocil shall appro- priate EUC~ funds as are necessary to carry out the provisions of this -0 ordinance . 5