HomeMy WebLinkAboutCity Council Resolution 2454 RESOLUTION NO: 2454
......... A RESOLUTION OF THE CITY COUNCIL O1; THE CITY Ol~ SARATOGA
ADOPTING RULES FOR ADMINISTRATION Ol~ THE PERSONNEL SYSTEM
WHEREAS, THE City Council is authorized and directed under the provisions of
Ordinance No. to adopt rules for the administration of the personnel
system created in said ordinance; and
WHEREAS, the objectives of these rules are to facilitate efficient and
economical services to the public and to provide for an equitable system of personnel
management in the municipal government; and
WHERI~AS, these rules set forth in detail those procedures which insure similar
treatment for those who compete for original employment and promotion, and define
many of the obligations, rights, privileges and prohibitions which are placed upon all
employees in the competitive service of the City~ and
WHEREAS, at the same time, within the limits of administrative feasibility,
considerable latitude shall be given the City Manager and the Personnel Director in
the interpretation of these rules;
NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of
Saratoga does hereby adopt the following rules:
RULE 1
DEFINITIONS
The terms used in these rules shall have the meanings as defined below:
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1.01 Advancement: A salary increase within the limits of a pay range
established for a class.
1.02 AHocation: The assignment of a single position to its proper class in
accordance with the duties performed and the authority and responsibilities exercised.
1.03 Appointing Authority: 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.
1.04 Class: All positions sufficiently similar in duties, authority, and
responsibility, to permit grouping under a common title in the application of common
standards of selection, transfer, salary and discipline.
1.05 Competitive 8elyice: All positions of employment in the service of the
City, except those excluded by the personnel ordinance.
1.06 Days: Calendar days, unless otherwise stated.
1.07 Demotion: The movement of an employee from one class to another
class having a lower maximum base rate of pay.
1.08 Diseiplimlry Action: The discharge, demotion, reduction in pay, or
suspension of a regular employee for punitive reasons and not for any non-punitive
reasons.
1.09 Lay-Off: The separation of employees from the active work force due to
lack of work or funds, or to the abolition of positions by the City Council for the above
reasons or due to organization changes.
1.10 Personnel Ordinance: Article 2-40 of the City Code, as enacted by
Ordinance No. which creates a personnel system for the City, together with
all amendments thereto as may hereafter be adopted by the City Council.
1.11 Position: A group of duties and responsibilities in the competitive
service requiring the full-time or part-time employment of one person.
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1.12 Probationary Period: A period to be considered an integral part of the
examination, recruiting, testing and selection process during which an employee is
required to demonstrate fitness for the position to which the employee is appointed by
actual performance of the duties of the position.
1.13 Promotion: The movement of an employee from one class to another
class having a higher maximum base rate of pay.
1.14 Regular Employee: An employee in the competitive service who has
successfully completed the probationary period and has been retained as hereafter
provided in these rules.
1.15 Reinstatement: The restoration without examination of a former regular
employee.
1.16 Relief of Duty: The temporary assignment of an employee to a status of
leave with pay.
1.17 Suspension: The temporary separation from service of an employee
without pay for disciplinary purposes.
1.18 Temporary Employee: An employee who is appointed to a non-regular
position for a limited period of time.
1.19 Transfer: A change of an employee from one position to another position
in the same class or in a comparable class.
RULE 2
GENERAL PROVII$1ONS
2.01 Fair Employment Practices: Any technique or procedure used in
recruitment and selection of employees shall be designed to measure only the job
related qualifications of applicants. No recruitment or selection technique shall be
used which, in the opinion of the City Manager or Personnel Director, ~s not justifiably
linked to successful job performance.
RULE 3
CLASSII~ICATION
3.01 Preparation of Plan: The Personnel Director, or a person or agency
employed for that purpose, shall ascertain and record the duties and responsibilities of
all positions in the competitive service and shall recommend a classification plan for
such positions. The classification plan shall consist of classes of positions in the
competitive service defined by class specifications, including the title. The
classification plan shall be so developed and maintained that all positions substantially
similar with respect to duties, responsibilities, authority, and character of work are
included within the same class, and that the same schedules of compensation may be
made to apply with equity under similar working conditions to all positions in the same
class.
3.02 A~option, Amendment and Revision of Plan: The classification plan shall
be adopted by the City Council and may be amended from time to time. During the
process of consideration, any recognized employee organization affected shall be
advised. Amendments and revisions of the plan may be suggested by any interested
party, including any reeognized employee organization, and shall be submitted to the
City Manager.
3.03 Alloeation of Positions: Following the adoption of the classification plan
and consultation with any recognized employee organization affected, the Personnel
Director shall allocate every position in the competitive service to one of the classes
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established by the plan.
3.04 New Positions: A new position shall not be created and filled until the
classification plan has been amended to provide therefor.
3.05 Reelassifieation: Positions, the assigned duties of which have been
materially changed by the City so as to necessitate reclassification, whether new or
already created, shall be allocated by the Personnel Director to a more appropriate
class. Reclassifications shall not be used for the purpose of avoiding restrictions
concerning demotions and promotions, nor to effect a change in salary in the absence
of a significant change in assigned duties and responsibilities.
RULE 4
APPLICATIONS AND APPLICANTS
4.01 Announcement: All examinations for classes in the competitive service
shall be publicized by such methods as the City Manager or the Personnel Director
deem appropriate. The announcements shall specify the title and pay of the class for
which the examination is announced; the nature of the work to be performed;
preparation desirable for the performance of the work of the class; the manner of
making application; and other pertinent information.
4.02 Application Forms: Applications shall be made as prescribed on the
examination announcement. Application forms shall require information covering
training, experience, and other pertinent information. All applications must be signed
by the person applying.
4.03 Applicant Disqualification:
(a) The Personnel Director may eliminate from the selection process,
or refuse to certify for the personnel transactions, the name of any person:
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(1) Who does not meet the minimum qualifications established
for the class or position to which he or she seeks appointment.
(2) Who has made a false statement or misrepresentation of
material fact or actual or attempted deception, fraud or misconduct in connection
with his or her application.
(3) Who has failed to submit an application correctly within the
prescribed time limit.
(4) Who has otherwise violated any provision of these rules.
(b) Conviction of a felony or misdemeanor is not an automatic bar to
employment. Each case is considered individually and any mitigating circumstances
will be considered.
(c) Applicants with the least desirable background or qualifications
among a large number of applicants may be denied further participation in the
selection process through an evaluation of their qualifications, thus providing a
reasonable number of the best qualified candidates for consideration.
(d) Applicants disqualified from further participation in the selection
process shall be notified in writing.
RULE 5
EXAMINATIONS
5.0 1 Nature end Types of t~xaminatior~s: The selection techniques used in the
examination process shall fairly measure the relative capacities of the persons
examined to execute the duties and responsibilities of the class to which they seek to
be appointed. Contents of the selection examinations shall be developed to measure
knowledge, skills, and other job-related characteristics, and shall consist of one, or a
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combination of the following types of tests, as determined by the Personnel Director:
Oral, written, performance, physical agility, evaluation of training and experience,
medical tests, background investigation, or any other forms designed to test the
qualifications of applicants.
(a) Writtern Written tests may be used to measure knowledge and
skills as related to the ability to perform the work in a class.
(b) Oral: Oral qualifications appraisal examinations shall be used to
evaluate experience, training, education, and other factors that relate to the
knowledge and abilities required to perform the work of the position or class. Oral
examinations may be structured, semi-structured, or unstructured, as determined by
the Personnel Director.
(c) Performance: Performance tests may be used to evaluate the skill,
speed, or accuracy with which principal tasks of the class or position are performed.
(d) Physical Agility: Physical agility tests may be used to measure
agility, strength, coordination, or general physical fitness required to perform the
duties of the class. A waiver, releasing the City from liability, will be required from
each candidate wishing to participate in such a test.
(e) Driver's License: Applicant's driving record will be investigated if
possession of a valid California driver's license is required.
(f) Promotional Examinations: Promotional examinations may be
conducted whenever, in the opinion of the Personnel Director and Department Head,
there is a reason to believe that a qualified person will apply for the examination.
Promotional examinations may include any of the selection techniques mentioned in
this Rule, or any combination of them. Only regular or probationary employees who
meet the requirements set forth in the promotional examination announcements may
compete in promotional examinations.
5.02 Conduet of Examination: The City Manager may contract with any
competent agency or individual for the preparing and/or administering of
examinations. Selection material shall be prepared under the direction of the
Personnel Director. The Personnel Director may use examinations prepared by the
contracted agencies or individuals when deemed appropriate. Qualified employees
may assist in the development and administration of the selection process if requested
by the Personnel Director.
5.03 Notice of Examination Results: Applicants shall be notified by mail
concerning the results of their participation in the selection process. Said notification
shall indicate whether or not the applicant has been placed on the eligible list.
5.04 Record: The record of each selection process shall be maintained in the
Personnel Department for a period of two years and shall include the applicant's name
and scores, method of testing, scores of the examination, and the names of the
interview board.
RULE 6
FILI.rblG VACANCIES
6.01 Appointment: After interview and investigation of the applicants
considered to be most qualified based on the selection procedure, the appointing
authority shall make an appointment. If the applicant accepts the appointment and
reports for duty within such period of time as the appointing authority shall prescribe,
the applicant shall be deemed to be appointed; otherwise, the applicant shall be
deemed to have declined the appointment.
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RULE 'Z
PROBATIONARY PERIOD
7.01 Regular Appointment Following Probationary Period: All appointments
shall be tentative and subject to a probationary period of not less than one year. The
Personnel Director shall notify the appointing authority and the probationer concerned
two weeks prior to the termination of any probationary period. 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 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.
7.02 Objective of Probationary Period: The probationary period shall be
regarded as a part of the selection process and shall be utilized for closely observing
the employee's work and for securing the most effective adjustment of a new
employee to his or her position.
7.03 Rejection of Probationer: During the probationary period, an employee
may be rejected at any time by the appointing power without cause and without the
right of appeal. Notification of rejection by the appointing authority shall be served
on the probationer.
RULE 8
TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT
8.01 Transfer:
(a) No person shall be transferred to a position for which that person
does not possess the minimum qualifications. Upon notice to the Personnel Director,
an employee may be transferred by the appointing power or designee at any time from
one position to another position in a comparable class. For transfer purposes, a
comparable class is one with the same maximum salary, involves the performance of
similar duties and requires substantially the same basic qualifications.
(b) If the transfer involves a change from one department to another,
both department heads must consent thereto unless the City Manager orders the
transfer. Transfer shall not be used to effectuate a promotion, demotion,
advancement or reduction, each of which may be accomplished only as provided in the
Personnel Ordinance or these rules.
8.02 Promotion:
(a) Insofar as consistent with the best interests of the service, all
vacancies in the competitive service shall be filled by promotion from within the
competitive service, after a promotional examination has been given.
(b) If, in the opinion of the Personnel Director, it is in the best
interests of the municipal service, a vacancy in the position may be filled by an open-
competitive examination instead of promotional examination, in which event the
Personnel Director shall arrange for the announcement of the vacancy and for the
preparation of an open-competitive examination.
8.03 Demotion: The appointing power may demote an employee whose ability
to perform the required duties falls below standard, or for disciplinary purposes. Upon
request of the employee, and with the consent of the appointing power, demoting may
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be made to a vacant position. No employee shall be demoted to a position who does
not possess the minimum qualifications. Disciplinary demotion action shall be in
accordance with Rule 9 hereof.
8.04 Suspensiom The appointing power may suspend an employee from a
position at any time for a disciplinary purpose. Suspension without pay shall not
exceed sixty ealendar days. Division heads may suspend a subordinate employee for
not more than three working days at any one time, and not more than once in a thirty
calendar day period. Intended suspension action shah be reported immediately to the
Personnel Director, and shall be taken in aeeordanee with Rule 9 hereof.
8.05 Reinstatement: With the approval of the appointing power, a regular
employee who has completed at least one year of probationary service and who has
resigned with a good record may be reinstated within two years of the effective date
of resignation, to a vacant position in the same or comparable class. Upon
reinstatement, the employee shall be subject to the probationary period prescribed for
the class. No credit for former employment shall be granted in computing salary,
vacation, sick leave, or other benefits except on the specific recommendation of the
appointing authority at time of reinstatement.
RULE 9
DISCIPLINARY ACTION
9.01 Policy: Discipline consists of any or all of the following: verbal
reprimand, written reprimand, suspension, demotion, reduction in pay, discharge.
Prior to suspension of five or more days, demotion, reduction in pay or discharge of a
regular employee for disciplinary purposes, the procedure set forth in this rule shall be
complied with. All lesser disciplinary action shall be reduced to writing except for a
supervisor's notation to be placed in the employee's personnel file that a verbal
reprimand was given.
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9.02 Written NoUee: Written notice of the proposed disciplinary action shall
be given to the employee. Such notice shall include a statement of the reason(s) for
the proposed action and the charge(s) being considered.
9.03 Employee Review: The employee shall be given an opportunity to review
the documents or materials upon which the proposed disciplinary action is based, and,
if practicable, the employee shall be supplied with a copy of the doucments.
9.04 Employee Response: Within five (5) working days after the employee has
had the review opportunity provided above, the employee shall have the right to
respond, orally or in writing, at the employee's option, to the appointing authority
concerning the proposed action.
9.05 Relief of Duty: Notwithstanding the provisions onf this Rule, upon the
recommendation of the Personnel Director, the City Manager may approve the
temporary assignment of an employee to a status of leave with pay pending conduct or
completion of such investigations or opportunity to respond as may be required to
determine if disciplinary action is to be taken.
9.06 Appeal: Regular employees may appeal disciplinary actions to an
administrative hearing before the City Manager by filing a written request with the
City Manager within five (5) days of the imposition of the action.
RULE 10
LAYOFF POLICY AND PROCEDURE
10.01 Statement of Intent: Whenever, in the judgment of the City Council, it
becomes necessary to abolish any position or employment, the employee holding such
position or employment may be laid off or demoted without disciplinary action and
without the right of appeal.
10.02 Notification: Employees to be laid off shah be given, whenever possible,
at least fourteen (14) calendar days prior notice.
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RULE 11
SEPARATION FROM THE SERVICE
11.01 Discharge: An employee in the competitive service may be discharged
at any time by the appointing power. Whenever it is the intention of the appointing
power to discharge an employee in the competitive service, the Personnel Director
shall be notified. Disciplinary discharge action shall be taken in accordance with Rule
9.
11.02 Resignation: An employee wishing to leave the competitive service in
good standing shall file with the appointing authority a written resignation stating the
effective date and reasons for leaving at least two weeks before leaving the service,
unless such time limit is waived by the appointing authority. The appointing authority
shah forward to the Personnel Director an exit evaluation of the employee's service
performance, eligibility for re-hire, and other pertinent information. Failure to give
notice as required by this Rule shah be cause for denying future employment by the
City.
11.03 Exit Interview: The Personnel Director will schedule an exit interview
with the resigning employee. Failure to keep this appointment may cause delay in
issuing the final paycheck.
RULE 12
ATTENDANCE, REPORTS AND RECORDS
12.01 Attendanee: Employees shah be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and leaves. AH
departments shall keep daily attendance records of employees which shah be reported
to the Personnel Director in the form and on the dates the Director shah specify.
Failure on the part of an employee, absent without leave, to return to duty within
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twenty-four (24) hours after notice to return shall be cause for immediate discharge,
and such employee automatically waives all rights under the personnel ordinance and
these Rules. The depositing in the Unites States mail of a first class letter, postage
paid, addressed to the employee's last known place of address, shall be reasonable
notice.
12.02 Personnel Records: The Personnel Director shall maintain a service or
personnel record for each employee in the service of the City showing the name, title
of posi~:ion held, the department to which assigned, salary, changes in employment
status, and such other information as may be considered pertinent by the Personnel
Director.
12.03 Change-of-~tatus Report: Every appointment, transfer, promotion,
demotion, change of salary rate, or any other temporary or permanent change in status
of employees shall be reported to the Personnel Director in such manner as the
Director may prescribe.
RULE 1~
VIOLATIONS
13.01 Violation of Rules: Violations of the provisions of these Rules shall be
grounds for rejeetion, suspension, demotion, dismissal, or other disciplinary action.
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Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 16th day of December ., 1987, by the
following vote:
AYES: Counciln~nbers Anderson, Clevenger, Hlava, Moyles and Mayor Peterson
NOES: None
ABSENT: None
MAYOR
ATTEST:
CITY CLERK
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