HomeMy WebLinkAboutOrd 46-87 Personnel SystemORDINANCE NO. 46 - 87
AN ORDINANCE OF THE CITY OF DUBLIN
REPEALING ORDINANCE NO. 7-84
AND ESTABLISHING A PERSONNEL SYSTEM
The City Council of the City of Dublin does ordain as follows:
Section 1. ADOPTION OF PERSONNEL SYSTEM: In order to
establish--an equitable an~-unifo~m 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 2. DEFINITIONS: The terms used to administer the
personnel system shall be defined in the personnel rules.
Section 3. ADMINISTRATION: The City Manager shall administer
the city personnel system and may delegate any of the powers and
duties to a Staff member 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 13 of this
ordinance. The City Manager shall:
(a)
Act as the appointing authority for the City, with the
exception of the City Attorney who shall be appointed
by the City Council.
(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.
(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.
(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; and 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.
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Section 4. COMPETITIVE SERVICE: 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.
(c) The City Attorney and any Assistant or Deputy City
Attorneys.
(d) Members of appointive boards, commissions, and
committees.
(e) Department Heads and other management positions
designated by the City Manager, including but not
limited to Planning Director*, Administrative
Services/Finance Director*, Recreation Director*,
Public Works Director/City Engineer, and Assistant to
the City Manager*.
(f) Persons engaged under contract to supply expert,
professional, technical or any other services.
(g) Volunteer personnel.
(h) Ail Council appointed city officers.
(i) Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as
=xtraordinary 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
no less 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 the personnel rules.
(k) Any position primarily funded under a state or federal
employment program.
(1) Employees not included in the competitive service under
this section shall serve at the pleasure of their
appointing authority.
* Incumbents in these positions on September 1, 1987
shall be subject to the provisions of this Ordinance.
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Section 5. ADOPTION AND AMENDMENT OF RULES: Personnel rules
shall be adopte~ ~by r~s61Ution of the City Council. The rules
...ay establish regulations governing the personnel system,
including:
(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)
(e)
Certification and appointment of persons from
employment lists, and the making of provisional
appointments.
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Establishment of probationary testing periods.
(f)
(g)
(h)
Evaluation of employees during the probationary testing
period and thereafter.
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Transfer, promotion, demOtion, reinstatement,
disciplinary action and layoff of employees in the
competitive service.
·
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.
Section 6. APPOINTMENTS: Appointments to vacant positions in
th'e' competitive-serviCe shall be made in accordance with the
pesonnel 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.
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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.
The appointing authority of employees in the-competitive service
is the City Manager. The City Manager may delegate the
appointing authority to any other officer or employee of the
City.
Section 7. PROBATIONARY PERIOD: Ail regular appointments,
in61uding promotional appointments, shall be for a probationary
period of six months. The appointing authority may extend such
probationary period up to six additional months. The
probationary period shall commence from the date of appointment.
In the event of illness or injury requiring absence from work,
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 cause and there
shall be no right of appeal, hearing, or grievance procedure.
If the service of the probationary employee has been satisfactory
to the appointing authority, then .the appointing authority shall
file with the City Manager 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 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
City Manager after the expiration of the selection period.
An employee rejected during the probationary period from a
position to which he has been promoted shall be reinstated to a
position in the class from which he was promoted unless he is
discharged from the City service as provided in the personnel
rules. If no vacancy exists in such position, he shall be placed
on a re-employment list as provided in the Personnel rules.
Section 8. STATUS OF PRESENT EMPLOYEES: Any person holding a
position 'includEd ~h 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 be subject in all
~espects to .the provisions of this ordinance 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.
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Section 9. DEMOTION, DISMISSAL, REDUCTION IN PAY, SUSPENSION,
REPRIMAND: The-City Manager 'shal~"have ~t~e auth0r"ity'~'0 '"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 APPEAL: Any employee in the competitive
~erVi~"who has successfully completed the probationary period
shall 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 ordinance or the rules adopted
thereunder.
Ail appeals shall be processed in accordance with the
requirements and procedures as set forth in the personnel rules
adopted pursuant to this ordinance.
Section 11. LAY-OFF AND RE-EMPLOYMENT: Lay-off and re-
~piOyment~-acti~ns" shall f~low th'e "pr6'~ess outlined in the
personnel rules.
Section 12. POLITICAL ACTIVITY: The political activities of
City employees ~hali conform to pertinent provisions of state law
and any local provision adopted pursuant to state law.
Section 13. CONTRACTS FOR SPECIAL SERVICE: The City Manager
~hall consider a~d make r~c0mmendations 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
procurement of any contractual services shall be arranged in
accordance with the adopted procurement laws and policies of the
City. The City 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 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.
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Section 14. SEVERABILITY: If any part of this ordinance or
the application' thereof to any person or circumstances is held
invalid, the remainder of the ordinance and the application of
such provision or circumstances shall not be affected thereby.
Section 15. REPEAL OF ORDINANCE 7-84: Ail provisions
contained in Ordinance 7-84 shall be repealed upon enactment of
this ordinance.
Section 16. POSTING OF ORDINANCE: The City Clerk of the City
of 6ublin shall cause this ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the Stat'e of California.
PASSED AND ADOPTED by the City Council of the City
of Dublin on this 28th day of Septembe$ 1987 by'the following
votes:
AYES:
NOES:
Councilmembers Moffatt, Snyder, Vonheeder and
Mayor Jeffery
Councilmember Hegarty
ABSENT: None
City Clerk
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