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HomeMy WebLinkAboutORD 21 (1989)ORDINANCE NO. 21 (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PERSONNEL SYSTEM. The City Council of the City of Diamond Bar does ordain as follows: Section 1. 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. Section _Z. Definitions: The terms used to administer the personnel system shall be defined in the personnel rules. Section Z. Administration: The City Manager shall administer the city personnel system and may delegate any or all of the powers and duties conferred upon him or her to a Personnel Officer or may recommend that such powers and duties be performed under contract as provided in Section 13 of this ordinance. The City Manager shall : (a) Act as the appointing authority for the City; (b) Administer all the provisions of this ordinance 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; i 1 (d) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; (e) Have the authority to discipline employees in accordance with this ordinance and the personnel rules of the city; and (f) 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; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. BAg-t-im A. Competitive §ervice: The provisions of the ordinance shall apply to all offices, positions and employments in the service of the City, except: (a) Elective officers; (b) The City Manager and any assistants to the City Manager; (c) The City Attorney and any assistant or deputies city attorney; (d) Members of appointive boards, commissions, and committees; (e) All department heads; (f) Persons engaged under contract to supply expert, professional, technical or any other services; 2 (g) Volunteer personnel, such as volunteer firemen; (h) All Council appointed city officers; (i) Emergency employees who hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (j) 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 unless than one thousand and forty (1040) hours per year, and has successfully completed the probationary period and been retained as provided in this ordinance and their personnel rules; (k) Any position primarily funded under a state or federal employment program; (1) Any other position exempted to the City Council, by resolution; and (m) Employees not included in the competitive service under this section shall serve at the pleasure of the appointing authority. Section Adoption and Amendment of Rules: Personnel rules shall be adopted by resolution to the City Council. The rules may establish regulations governing the I personnel system, including: 3 I (a) Preparation, installation, revision, and maintenance of a position classification plan covering all Positions in the competitive service, including employment standards and qualifications for each class; (b) Appropriate announcement of the selection process and acceptance of applications for employment; (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 section and layoff of employees in the competitive 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; and (j) The establishment of any necessary appeal procedures. 4 Section 6. Appointments: Appointments to vacant Positions in the competitive 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 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, work samples of 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. Section 7-. Probationary Period; All regular appointments, including promotional appointments, shall be for a probationary period of not less than one year and shall commence upon the date of appointment. The appointing authority may extend such probationary period up to six additional months. In the event of illness or injury requiring absence from work exceeding 10 days the number of days absent shall be added to length of the probationary period. During the probationary period, the employee may be rejected at any time without the right of appeal, hearing or any grievance procedure. 9 If the service of the probationary employee has been satisfactory to the appointing authority, than the appointing authority shall file with the Personnel Officer a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his/her employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the Personnel Officer upon the expiration of the selection period. An employee rejected during the probationary period from a position to which he/she has been promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she is discharged from the city service as provided in the personnel rules. If no vacancy exists in such Position, he/she shall be placed on the re-employment list as provided in the personnel rules. $'Status 2f Present Employees: Any person holding a position included in the competitive service who, on the effective date of this ordinance, 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 class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter 6 be subject in all respects to the provisions of this ordinance and personnel 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. Section 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 in accordance with procedures included in the personnel rules. Section 10. Right of ARneal: Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances here the right of appeal is specifically prohibited by this ordinance or the rules adopted hereunder. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this ordinance. Se= 11• Lay Off and Re Employment: Lay-off and re-employment actions shall follow the process outlined in the personnel rules. 7 Section 12. 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. Section 13. Contracts ,fes 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 ordinance: (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 preparations, conduct and grading of competitive tests; (d) The conduct of employee training programs; and (e) Special and technical services of advisory or informational character on matters relating to personnel administration. 8 Section 14. Severability: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final Court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 15• ReReal 2L County Codes. Upon the effebtive date of this Ordinance, the provisions of Titles 5 and 6 of the Los Angeles County Code, as heretofore adopted by this City Council, shall be, and the same hereby are, repealed. Section _L6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. APPROVED AND ADOPTED this 15th day of August 1989. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 1st day of August , 1989, and was finally adopted at a regular meeting of the City Council of the 9 City of Diamond Bar on the 15th day of 1989, by the following vote: August AYES: COUNCIL MEMBERS: FOBBING, MILLER, WERNER, MAYOR PRO TEM HORCHER, MAYOR PAPEN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAINED: COUNCIL MEMBERS: NONE ATTES C y Clerk of the City of Diamond Bar 10