HomeMy WebLinkAboutOrd 26-08 MuniCode Personnel
ORDINANCE NO. 26 - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTER 2.20 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE PERSONNEL SYSTEM
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 2.20 of the Dublin Municipal Code is revised as follows:
2.20.010 Adoption.
In order to establish an equitable and uniform 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 adopted.
2.20.020 Definitions.
The terms used to administer the personnel system shall be defined in the personnel rules.
2.20.030 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 2.20.130 of this chapter. 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 chapter 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 chapter 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 therefore; 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.
2.20.040 Applicability.
The provisions of this chapter shall apply to all offices, positions and employments in the service of the
City, except:
A. Elective officers;
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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 resolution of the City Council. *
F. Persons engaged under contract to supply expert, professional, technical or any other services;
G. Volunteer personnel;
H. All Council-appointed City officers;
I. 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;
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
forty (1040) hours per year, and has successfully completed the probationary period and been retained as
provided in this chapter and the personnel rules;
K. Any position primarily funded under a state or federal employment program;
L. Employees not included in the competitive service, as that term is defined in the personnel rules,
shall serve at the pleasure of their appointing authority.
* Incumbents in any positions so designated by the City Council who held these positions on September 1, 1987 shall be subject to the provisions of
this chapter.
2.20.050 Adoption and amendment of rules.
Personnel rules shall be adopted by resolution of the City Council. The rules may 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. Certification and appointment of persons from employment lists, and the making of provisional
appointments;
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 layoff 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.
2.20.060 Appointments.
A. 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.
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B. 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.
C. 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 ofthe City.
2.20.070 Probationary period.
A. All regular appointments, including promotional appointments, shall be for a probationary period as
set forth in the personnel rules adopted pursuant to this chapter. 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.
2.20.080 Status of present employees.
A. Any person holding a position included in 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 respects to the provisions of this chapter and the personnel rules.
B. 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.
2.20.090 Demotion-Dismissal-Reduction in pay-Suspension-Reprimand.
The City Manager shall 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.
2.20.100 Right of appeal.
A. Any employee in the competitive service who has successfully completed the probationary period
shall have the right to appeal a demotion, discharge for disciplinary or medical reasons, and certain
reductions in payor suspensions as set forth in the personnel rules adopted pursuant to this chapter.
B. All appeals shall be processed in accordance with the requirements and procedures as set forth in
the personnel rules adopted pursuant to this chapter.
2.20.110 Layoff and reemployment.
Layoff and reemployment actions shall follow the process outlined in the personnel rules.
2.20.120 Political activity.
The political activities of City employees shall conform to pertinent provisions of state law and any
local provision adopted pursuant to state law.
2.20.130 Contracts for special service.
The City Manager shall 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 procurement of any contractual services shall be
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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 chapter:
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.
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 4. Posting. The City Clerk of the City of Dublin 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 State of California.
PASSED, APPROVED AND ADOPTED this 17th day of June, 2008, by the following vote:
AYES:
Councilmembers Hildenbrand, Oravetz, and Scholz, and Vice Mayor Sbranti
NOES:
None
ABSENT:
Mayor Lockhart
ABSTAIN: None
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ATiLt' (!y;
Deputy City Clerk
Vice Mayor
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