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HomeMy WebLinkAbout71.35 ORDINANCE NO, 71, 35 AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE 2-40 TO THE CITY CODE TO ESTABI,IFIH A PERSONNEL SYSTEM The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Paragraph (d) of Section 2-20.050 in Article 2-20 of the City Code is amended to read as follows: "(d) Power of appointment and removal The City Manager shall have the duty to, and he shah appoint, employ, remove, promote and demote any and all officers and employees of the City, subject to all applicable provisions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution of the City Council, and subject further to the requirement that no department head shah be either employed or discharged without the consent of the City Council." SECTION 2: A new Article 2-40 is added to Chapter 2 of the City Code, to read as follows: ARTICLE 2-40 PERSONNEL SYSTEM Sections: 2-40.010 Purpose of Article 2-40.020 Definitions 2-40.030 Administration 2-40.040 Application of Article 2-40.050 Adoption of personnel rules 2-40.060 Appointments 2-40.070 Probationary period 2-40.080 Status of present employees 2-40.090 Demotion, dismissal, reduction in pay, suspension, reprimand 2-40.100 Right of appeal 2-40.110 Lay-off 2-40.120 Political activity 2-40.130 Contracts for special services -1- S2-40.010 Purpose of Article This Article is adopted to ~stablish an equitable and uniform system for dealing with personnel matters, an~ to comply with applicable laws relating to the administration of the personnel process. S2-40.020 Definitions For the purposes of this Article, the lollowl g w rds and phrases shall have the meanings respectively ascribed to]them by this Section, unless the context or the · I provision clearly requires otherwise: (a) Appointing authority means the officers or officials of the City who, individually or collectively, have the final authority to make the appointment to the position to be filled. (b) Class means all p itions sufficiently similar in duties, authority, and OS responsibility, to. permit groupin~ under a common title in the application of common standards of selection, transfer, salary and discipline. f s o t th (c) Competitive service m~ans all po itions f employmen in e service of the City, except those excluded under Section 2-40.040 of this Article. (d) Demotion means the movement of an employee from one class to another class having a lower maximum base rate of pay. (e) Lay-off means the separation of employees from the active work force due to lack of work or funds, or tot the abolition of positions by the City Council for the above reasons or due to organization changes. (f) Position means a grou! of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person. (g) Probationary period means a period to be considered an integral part of the examination, recruiting, testinrg and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance 6f the duties of the position. (h) Promotion means the! movement of an employee from one class to another class having a higher maximum base rate of pay. (i) Rag, flAt employee mea, ns an employee in the competitive service who has successfully completed the probationary period and has been retained as a permanent employee. (j) Reinstatement means the restoration without examination of a former regular employee. (k) Suspension means the ~emporary separation from service of an employee without pay for disciplinary purposes. -2- (1) Transfer means a change of an employee from one position to another position in the same class or in a comparable class. S2-40.030 Administration The City Manager shall administer the City personnel system and may delegate any of the powers and duties to a personnel director or may delegate the appointing authority granted by the City Council 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 2-40.130 of this Article. The City Manager shall: (a) Act as the appointing authority for the City. (b) Administer all the provisions 0f this Article and of the personnel rules not specifically reserved to the City Council. (e) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. (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 Article and the personnel rules of the City. (f) Provide for the announcement and recruiting for positions in the competitive service; the receiving of applications therefor; the conducting of tests; the certification of 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. S2-40.040 Applieation of Article This Article shall apply to all offices, positions and employments in the serviee of the City, except: (a) Elective offleers. (b) The City Manager and any assistants to the City Manager. (e) Members of appointive boards, commissions, and committees. (d) All management employees. (e) Persons engaged under contract to supply expert, professional, technical or any other services. (f) Volunteer personnel. (g) All Council appointed City offieers. -3- (h) 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~ (i) 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 no less than one thousand and forty hours per year, and has successfully completed the probationary period and been retained as provided in this Article and the personnel rules. (j) Any position primarily funded under a State or federal employment program. (k) Employees not included in the competitive service under this Section serving at the pleasure of their appointing authority. $2-40.050 Adoption of personnel rules Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including, but not limited to, the following: (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. (e) Preparation and conduct of tests in the recruitment process. (d) Certification and appointment of persons for employment. (e) Establishment of probationary testing periods. (f) Evaluation of employees during the probationary testing period and thereafter. (g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay-off 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. (j) The establishment of any necessary appeal procedures. S2-40.060 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 tests, physical agility tests, evaluation of daily work performance, work samples or 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 designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. S2~40.070 Probationary period (a) All regular appointments shall be for a probationary period of not less than one year. The probationary period shall commence from the date of appointment. In the event of illness or injury requiring absence from work of more than twenty working days, the number of days absent shall be added to the 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. (b) If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the personnel Director 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 or her employment will be 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 Director after the expiration of the probationary period. S2-40.080 Status of present employees Any person holding a position included in the competitive service who, on the effective date of this Article, 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 Article and the 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. -5- S2--40,090 Demotion, dismissal, reduction in pay, suspension, reprimand The City Manager or any appointing power shah 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. $2-40,100 Right of appeal (a) Any employee in the competitive service shah have the right to appeal a demotion, reduction in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this Article or the personnel rules. (b) AH appeals shall be processed in aeeordanee with the requirements and procedures as set forth in the personnel rules adopted pursuant to this Article. ~2-40.110 Lay-off Lay-off actions shah follow the process outlined in the personnel rules adopted pursuant to this Article. $2-40-120 Political activity The political activities of City employees shall conform to pertinent provisions of State law and any provision adopted by the City pursuant to State law. $2-40.130 Contracts for special services The City Manager shah 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 aH or any of the following responsibilities and duties imposed by this Article: (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 preparation, conduct and grading of competitive tests. (d) The conduct of employee training programs. (e) Special and technical services of advisory or informational character on matters relating to personnel administration." -6- SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the~ 6th day of January , 1988, by the following vote: AYES: Councilmembers Anderson-, Clevenger, Hlava, Moytes and Mayor Peterson NOES: None ABSENT: None ~" ~~A~MAYO~ CITY CLERK / The above and foregoin i true and cor~;ect copy oi' 0rc!inance '7l 5}s a ~ ~- -which has been '~ ' i] . . pu ccor,d,,, w ~eputy City Clerk ' -7-