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Home My WebLink AboutORD 03 (2005)ORDINANCE NO. 3 (2005) 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 doles ordain as follows: Section 1. Rescind Ordinance Na. 2 1 I (1989) in its entirety. Section 2. Sections 2.20.010 through 2.20.070 of Chapter 2, Administration and Personnel shall read as follows. Sec. 2.20.010. Adoption of System. In order to establish an -equitable and uniform system for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on the merit; the following personnel system is adopted. Sec. 2.20.020. Definitions. The terms used to administer the perso nel system shall be defined in the personnel rules and regulations. Sec. 2.20.030. Administration. The City Manager shall administer the ci the powers and duties of such administr may recommend that such powers and c section 2.20.060. The City Manager shal (1) Act as the appointing authority for th (2) Administer all the provisions of this c specifically reserved to the City Coui (3) Prepare or cause to be prepared pei Attorney shall approve the legality of City Council for approval; (4) Recommend to the City Council per: such as, but not limited to, pay rates programs; (5) Prepare or cause to be prepared a p specifications, and revisions of the p (6) Prepare or cause to be prepared a p covering all classification titles for au the plan shall become effective upon (7) Have the authority to discipline empl personnel rules and regulations of th (8) Have the authority to terminate the e will without cause or right to appeal, (9) Provide for the recruitment and selec promotional recruitments and; (10) Perform any other duty that may be r y personnel system and may delegate any or all of tion to any other officer or employee of the city or uties be performed under contract as provided in city; iapter and of the personnel oil; rules and regulations not ;onnel rules and regulations and revisions. The City such rules and regulations prior to submission to the )nnel policy issues involving financial commitments authorization of positions and employee benefit Dsition classification plan, including class an; an of compensation, and revisions of such plan, horized city positions. The plan and any revisions of approval of the City Council; ,yees in accordance with this chapter and the city; nployment relationship of an employee employed at - it any time; ion of city employees based upon open or uired to administer the personnel system. Sec. 2.20.040. Competitive service. The provisions of this chapter shall apply to all offices, positions, and employments in the service of the city, except: (1) Elective officers; (2) The City Manager and any assistant or deputies to the City Manager, (3) The City Attorney and any assistants or deputies of the City Attorney; (4) Members of appointive boards, commissions, and committees; (5) Department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to upply expert, professional, technical or any other services for a definite period of time; (7) Volunteer personnel, who receive no regular compensation from the city; (8) All council -appointed city officers; (9) 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; (10) Employees hired for an indefinite term into a budgeted position to work less than 1,040 hours per year; (11) Seasonal part time employees are employees who work on a seasonal or partial year basis, but not more than 1,000 hours per fiscal year; (12) Intermittent part time employees are employees who work an average of 191/2 hours or less and no more than 1,000 hours perfiscal year; (13) Part time employees working 20 hou s or more per week, hired atter February 15, 2005. (14) Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter. (15) Employees not included in the comp titive service under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cau 3e or right to appeal, at any time. Sec. 2.20.050. Adoption and Amen ment of Rules and Regulations. Personnel rules and regulations shall be adopted by resolution of the City Council. These rules and regulations shall govern the personnel system including, but not limited to: (1) 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; (2) Preparation, revision, and administrat on of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; (3) Open and promotional recruitments to fill regular positions; (4) The making of temporary and emergency appointments; (5) Establishment of probationary testing periods; (6) Transfer, promotion, demotion, discipline, and reinstatement of employees; (7) Evaluation of the job performance of mployees; (8) Separation of employees from the city service; (9) Content, maintenance, and use of personnel records and forms; and (10)The establishment of any necessary ppeal procedures. Sec. 2.20.060. Contracts for special service. The City Manager shall consider and make decisions regarding the extent to which the city should contract for the performance of tec nical services in connection with the establishment or operation of the personnel system. The City Manager and/or City Council may contract with any qualified person or public or private agency for the performance of all or any of the responsibilities and duties imposed by this chapter. Sec. 2.20.070. Discrimination. No person employed by the City of Diam discriminated against in recruitment, exa discipline, or any other aspect of persona national origin, ancestry, marital status, orientation, political or religious opinions EMLA or pregnancy disability leave, relig characteristic protected by law. Section 3. Severability: The City Co paragraph, sentence, or word of this Ordinanc action in a court of competent jurisdiction, or b provisions, sections, paragraphs, sentences, and effect. nd Bar or seeking employment with the city, shall be ination, appointment, training, promotion, retention, fl administration because of race, color, religion, x, age, physical or mental disability, sexual r affiliations, union activities or affiliations, taking of pus creed, medical condition, or any other icil declares that, should any provision, section, be rendered or declared invalid by any final court reason of any preemptive legislation, the remaining d words of this Ordinance shall remain in full force APPROVED AND ADOPTED this 3st Iday of March , 2005. 1, LINDA C. LOWRY, City Clerk of the City of C foregoing Ordinance was introduced at a regul Bar held on the 35th day of February , the City Council of the City of Diamond Bar on following vote: yor amond Bar, do hereby certify that tt* / r meeting of the City Council of the of Diamond 1005, and was finally adopted at a regular meeting of he 3st day of March 2005, by the AYES: COUNCIL MEMBERS: iierrer4, Zarbes,. MPT/O'Connor, N/Chang NOES: COUNCIL MEMBERS: Norge ABSENT: COUNCIL MEMBERS: 'jione ABSTAINED. COUNCIL MEMBERS: Nome ATTEST: Linda C. Lowry, City Cle City of Diamond Bar