HomeMy WebLinkAbout521ORDINANCE NO. 521
AN ORDINANCE OF THE CITY OF IRWINDALE, CALIFORNIA, ADDING
A NEW CHAPTER 2.13 TO THE IRWINDALE MUNICIPAL CODE,
REGULATING THE PERSONNEL SYSTEM WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.13 of the Irwindale Municipal Code regulating the Personnel
system within the City is hereby established, and reading as follows:
"Chapter 2.13
Personnel
Sections:
2.13.010 Adoption of personnel system - Purposes.
2.13.020
Personnel officer.
2.13.030
Delegation of powers and duties.
2.13.040
Personnel duties of personnel officer.
2.13.050
Coverage of Ordinance
2.13.060
Adoption of rules - Scope.
2.13.070
Appointments
2.13.080
Probationary Period
2.13.090
Status of Present Employees
2.13.100
Demotion, Dismissal, Reduction in Pay,
Suspension, Reprimand
2.13.110
Right of Appeal
2.13.120
Lay-off and Re -Employment
2.13.130
Political Activity
2.13.140
Contracts for Special Services
2.13.010 Adoption of Personnel System - Purposes. In order to
establish a uniform procedure for dealing with personnel matters, to attract to
municipal service the most qualified persons available, and to assure that
appointments, promotions and other personnel actions will be based on merit and
fitness and other factors related to the job and City service; the personnel system
codified in this chapter is hereby adopted.
2.13.020 Personnel officer. The city manager shall be the personnel
officer.
2.13.030 Delegation of powers and duties. The city manager may
delegate any of the powers and duties conferred herein as personnel officer under
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this chapter to any other officer or employee of the city, or may recommend that
such powers and duties be performed under contract.
2.13.040 Personnel duties of personnel officer. The personnel
officer shall:
(1) ADMINISTRATION OF CHAPTER, RULES.
Administer all the provisions of this chapter and of the personnel
rules not specifically reserved to the city council;
(2) APPOINTMENTS, DISMISSALS, DISCIPLINE,
TRANSFERS. Appoint, discipline, dismiss and transfer all heads
of departments, subordinate officers and employees, except the city
attorney and the city treasurer;
(3) AMENDMENT OF RULES. Prepare and
recommend to the city council revisions and amendments to the
personnel rules;
(4) EXAMINATIONS -NOTICES, APPLICATIONS -
ELIGIBLE LIST. Publish or post notices of examinations for
positions in the competitive service; receive applications therefor;
administer and grade examinations; certify a list of persons eligible
for appointment to an appropriate position in the competitive
service;
(5) POSITION CLASSIFICATION PLAN. Prepare a
position classification plan and subsequent revisions thereto, which
plan and revisions shall become effective upon approval by the city
council; and
(6) COMPENSATION PLAN. Prepare a plan of
compensation, and revisions thereof, covering all classifications in
the competitive service, which plan and revisions shall become
effective upon approval by the council.
(7) HEARINGS. In accordance with the personnel
rules, to hear and determine city appeals by eligible persons; and
when requested by the city council to make recommendations on
amendments to the personnel rules and on any matter of personnel
administration, within the limits of a request of the city council.
(8) INVESTIGATIONS. Conduct such investigations
as deemed appropriate pertaining to any matter properly pending
before him/her.
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(9) WITNESSES. In any investigation or hearing, the
personnel officer it shall have the power to call, examine and cross
examine witnesses under oath, call for production of evidence and
compel attendance of witnesses or production of evidence by
subpoenas issued in the name of the city and attested by the city
clerk.
(10) SERVICE OF SUBPOENAS - EFFECT. It shall
be the duty of the chief of police to cause all such subpoenas to be
served; and refusal of a person to attend or to testify in answer to
such a subpoena shall subject the person to prosecution in the same
manner set forth by law for failure to appear before the council in
response to a subpoena issued by the council.
(11) OATHS. The personnel officer shall have the
power to administer oaths to witnesses.
(12) HEARINGS - INFORMAL IN NATURE.
Hearings of the personnel officer may be informal in nature. The
formal judicial rules of evidence need not be applied.
2.13.050 Coverage of Ordinance. The positions in the city service
which are not covered by this ordinance include, without limitation, those listed
below:
(1) ELECTIVE OFFICES. Elective offices;
(2) BOARD, COMMISSION, COMMITTEE
MEMBERS. Positions on appointive boards, commissions and
committees;
(3) PERSONS ON STIPEND. Persons paid a stipend
in -lieu of wages to defray expenses during training;
(4) PERSONS EMPLOYED UNDER CONTRACT.
Persons employed under contract to supply expert, professional or
technical services;
(5) VOLUNTEERS. Volunteer personnel who receive
no regular compensation from the duty including, without
limitation, police and fire reserve;
(6) ENUMERATED POSITIONS. City manager,
assistant of or to city manager, secretary to city manager, city
attorney and attorneys employed in the city attorney's office,
department heads, city treasurer, city clerk, city engineer,
personnel manager.
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(7) CITY COUNCIL APPOINTED CITY OFFICERS.
All City Council appointed city officers.
(8) EMERGENCY EMPLOYEES. 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.
(9) PART-TIME EMPLOYEES. 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.
(10) SPECIAL FUNDED EMPLOYEES. Any position
primarily funded under a state or federal employment program.
(11) AT -WILL EMPLOYEES. Employees not included in
the competitive service under this section shall serve at the pleasure
of their appointing authority.
2.13.060 Adoption of rules - Scope. Personnel rules shall be adopted and
from time to time modified by resolution of the council, establishing, without
limitation, specific procedures and regulations governing the following aspects of
the personnel system:
(1) APPOINTMENTS AND EXEMPT SERVICE.
The system of exempt service and types of appointments;
(2) CLASSIFICATION PLAN. The preparation,
installation, revision and administration of a position classification
plan covering all positions in the competitive service;
(3) PAY PLAN. The preparation, installation,
revision, and administration of a plan of compensation
corresponding to the position classification plan, providing a rate
or range of pay for each class;
(4) EXAMINATIONS -ANNOUNCEMENTS -
APPLICATIONS. The public announcement of examinations and
application for and acceptance of applications for employment and
establishing of criteria related thereto;
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(5) GIVING OF EXAMINATIONS - ELIGIBLE LIST.
The preparation and administration of examinations and the
establishment and use of resulting employment lists containing
names of persons eligible for appointment;
(6) CERTIFICATION - APPOINTMENTS. The
certification and appointment of persons from employment lists,
and the making of temporary, emergency, and provisional
appointments;
(7) HOURS - LEAVE - WELFARE. The
establishment of hours of work, attendance and leave regulations,
training programs, benefits, conduct guide -lines and other
conditions of work;
(8) EVALUATION OF EMPLOYEE
PERFORMANCE. The evaluation of employees during the
probationary period and at periodic intervals; reinstatement,
separations, or any other change of status of employees in the
competitive service;
(9) CHANGE OF STATUS. The transfer, promotion,
demotion, reinstatement, separations, or any other change of status
of employees in the competitive service;
(10) DISCIPLINARY ACTIONS. The discipline of
employees;
(11) REVIEW OF PERSONNEL DECISIONS. A
system or systems for submission to and review by the personnel
officer, or other person or persons as may be designated by the
personnel officer, of designated types of discipline and personnel
decisions, for fact finding, recommendations, final decision or
other designated purposes or effects;
2.13.070 Appointments: Appointments to vacation 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
rpsychological 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. el
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.
2.14.080 Probationary Period: All regular appointments, including
promotional appointment, shall be for a probationary period of not less than one
(1) year. The appointing authority may extend such probationary period up to six
(6) 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
the right of appeal, hearing or any grievance procedure.
If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the Personnel
Officer 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/her employment terminated at the
expiration of the probationary period. Where a statement of satisfactory service
has not been filed, notice of their termination shall be served on the terminated
employee by the Personnel Officer after the expiration of the selection period.
An employee rejected during the probationary period from a position to
which he/she has been promoted shall be reinstated to a position in the class from
which he/she was promoted unless he/she is discharged from the city service as
provided in the personnel rules. If no vacancy exists in such position, he/she shall
be placed on a re-employment list as provided in the personnel rules.
2.13.090 Status of Present Employees: 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 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 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.
2.13.100 Demotion, Dismissal. Reduction in Pay Suspension
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Reprimand: The City Manager or any appointing power shall have the authority
,r++, to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee
for cause in accordance with procedures included in the personnel rules.
2.13.110 Right of Appeal: Any employee in the competitive service shall
have the right to appeal to the personnel officer a demotion, reduction in pay,
suspension, or discharge for disciplinary reasons, except in those instances where
the right of appeal is specifically prohibited by this ordinance or the rules adopted
thereunder.
All appeals shall be processed in accordance with the requirements and
procedures as set forth in the personnel rules adopted pursuant to this ordinance.
2.13.120 Lay -Off and Re -Employment: Lay-off and re-employment
actions shall follow the process outlined in the personnel rules.
2.13.130 Political Activity: The political activities of city employees shall
conform to pertinent provisions of state law, any local provision, and the
personnel rules adopted pursuant to state law.
2.13.140 Contracts for Special Services: The City Manager shall
consider and make recommendations to the City Council regarding the extend 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 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."
SECTION 2. Severability: If any section, subsection, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decisions shall
not affect the validity of the remaining sections of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each section, subsection, sentence, clause,
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and phrase thereof irrespective of the fact that any one or more other sections, subsections,
sentences, clauses, or phrases thereof be declared unconstitutional.
SECTION 3. Supremacy: The provisions of this ordinance shall supersede and take
precedence over the provisions of any prior or existing ordinances, resolutions, minute orders,
statements of policy by, or personnel rules of the City Council of the City of Irwindale dealing
with the same subjects and matters as are covered herein.
SECTION 4. Publication: The City Clerk shall certify to the passage and adoption of
this Ordinance, and shall make a minute of the passage and adoption thereof in the records of and
the proceedings of the City Council at which the same is passed and adopted. This Ordinance
shall be in full force and effect thirty (30) days after its final passage and adoption, and within
fifteen (15) days after its final passage and adoption, the City Clerk shall cause it to be published
in a newspaper of general circulation and shall post the same at the City Hall, the Civic Center
building and the United States Post office, Irwindale Branch.
PASSED, APPROVED AND ADOPTED on the 26' day of March, 1998.
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PV R rt Grie o, Ci Clerk
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1 CERTIFICATION
I, ROBERT GRIEGO, City Clerk of the City of Irwindale, California do hereby
certify that the foregoing Ordinance No. 521, was duly introduced at a regular meeting of the
City Council held on the 12th day of March 1998, and was duly approved and adopted by the
City Council at a regular meeting of said Council held on the 26th day of March, 1998, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Miranda, Castellanos, Chavez, Tapia,
Mayor Almazan
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Irwindale this 26' day of March, 1998.
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RiZert GriCity Clerk
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