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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: -1- 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. -2- 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 -4- 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: -5- (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 -6- 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. ~8- 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 -10- 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. -11- 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. -12- 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 -13- 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. -14- 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 -15-