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12 ORDINANCE NO. 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING AN EMPLOYEE/PERSONNEL SYSTEM AND PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS The City Council of the City of Grand Terrace does ordain as follows: ARTICLE I - PERSONNEL SYSTEM Section 1. Adoption of Personnel System. Pursuant to the authority granted under provisions of the Government Code of the State, and in order to establish an equitable procedure for dealing with personnel matters; to attract to municipal service the most competent persons available; to assure that appoint- ments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of employment security for qualified employees, the Personnel System con- tained in this Ordinance is hereby adopted for the City. Section 2. Personnel Officer. The City Manager shall be Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer to any other officer or employee. Section 3 . Powers and Duties of the Personnel Officer. The Personnel Officer shall : (a) Administer all provisions of this Ordinance and of the Personnel Rules not specifically reserved to the City Council. (b) Prepare and recommend revisions and amendments to this Ordinance and to the Personnel Rules. (c) Provide for the publishing or posting of tests for positions in the classified service; the receiving of applications therefor; the conduct- ing and grading of tests; the certifications of a list of all persons eligible for appointment to the appropriate positions in the classified service. (d) Prepare or cause to be prepared a position classi- fication plan, including class specifications, and revision of the plan. The plan, and any revisions thereof, shall become effective upon approval of the City Council. Section 4 . Applicability of Article; Designation of Classified Service. The provisions of this Ordinance shall apply to all appointive officers and employees of the City on regular duty, except as enumerated in this article. All such officers and employees shall be deemed to be in the classified service of the City. Section 5. Officers and Employees Excepted from Person- nel System. Except as otherwise provided for by this Ordinance, the following appointive officer and employees of the City are excepted from the provisions of this Personnel System and shall be considered non-classified employees: (a) Members of appointive boards, commissions and committees. -2- (b) Persons engaged under contract to supply expert, professional, technical or other services. (c) Volunteer personnel . (d) Emergency employees who are hired to meet require- ments of an emergency condition. (e) Employees other than those listed elsewhere in this section, who are employed less than half time, which is hereby defined as employees who are expected to or do work less than 1, 040 hours in any one fiscal year. (f) City Manager. Section 6. Right to Contract for Performance of Personnel Administrative Services. 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 techni- cal or administrative services in connection with the operation of the Personnel System. The City Council may contract with any qualified person or agency for the performance of any technical or administrative service. Section 7. Appointments. Appointments to vacate posi- tions in the classified service shall be made by the City Manager or his delegated representative and shall be made in accordance with the provisions of this Ordinance and with the Personnel Rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination and shall consist of selection techniques which will fairly test the qualifications of -3*. 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 combination of these or other tests as appropriate. Section 8. Authority of City Council to Abolish Positions in Classified Service. Whenever in the judgment of the City Council it becomes necessary in the interests of economy or because the necessity for a particular position involved no longer exists, the City Council may abolish any position or employment in the classified employment. Whenever any reduc- tion in the interests of economy is made, the City shall observe the seniority rule in accordance with the procedures prescribed by the Personnel Rules. ARTICLE II -- PERSONNEL RULES AND REGULATIONS Section 1. Personnel Rules and Regulations; Recommenda- tion of Adoption to City Council. The City Manager shall make recommendations to the City Council on all proposed rules and amendments to the rules prior to their adoption. Such rules shall not be in conflict with this Ordinance. All rules or amendments thereto shall be adopted by City Council resolution and shall become effective upon their approval and adoption by the City Council. Section 2 . Content of Rules and Regulations, The Person- nel Rules and Regulations shall provide for the following matters in addition to such others as may be necessary and proper or deemed expedient to carry out the intent and purpose of this Ordinance. -4 r (a) Preparation and administration of a position classification plan. (b) Preparation and administration of a compensation plan. (c) Public announcement of all openings and accept- ance of applications for employment. (d) Evaluation of employees performance. (e) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees. (f) Separation of employees from the City service. (g) Standardization of hours of work, attendance and leave regulations, and working conditions. (h) The establishment of adequate personnel records. l Section 3. Use of Age Restrictions as Qualification for Employment. Any person possessing all the minimum qualifica- tions for a position in the classified service shall be eligi- ble to take any employment examination. However, the City shall not employ any person below the age of sixteen (16) years, except under specially supervised programs. Neither the City Council, the Personnel Officer , or any appointing power shall adopt any rule, either written or unwritten, pro- hibiting the employment of any person, otherwise qualified, in any City employment because of age, except as herein provided. This does not require nor authorize the City to employ any person if he has attained the either normal retire- ment age or the maximum entry age prescribed by the City's retirement system, nor shall anything in this Ordinance -5 c, prevent the City Council from fixing minimum or maximum age limits for the employment of City Police or Firemen . Section 4 . Improper Political Activity. The political activities of City employees shall conform to pertinent pro- visions of State law. Section 5 . Probationary Period. The probationary period for .all regular appointments , including promotional appointments , shall be for a period of one year. During the probationary period the employee may be rejected at any time by the appointing au- thority without right of appeal or hearing. 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 this Ordinance and the rules . An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him unless he is discharged in the manner provided in this Ordinance and the Personnel Rules for positions in the competitive service . Section 6 . Retention of Employment During Satisfactory Per- formance . Every officer and employee holding a position in the classified service , who has served the probationary period , shall re- tain office or employment , so long as it exists under the same or a different title , and so long as the individual performs satisfactorily. Section 7. Demotion , Dismissal , Reduction in Pay , Suspension . The appointing power of City Employees shall have the right , -6- for due cause, to demote, dismiss, reduce in pay, suspend, or otherwise discipline, any permanent employee. Prior notice of such proposed action must be in writing and served person- ally on such employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. Such notice shall specify the proposed disciplinary action and contain a statement of the reason or reasons therefor. Such notice shall advise the employee of his or her opportunity to respond to the charges prior to the imposition of the proposed disciplinary action. The employee shall also be advised of his or her appeal rights. This section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages. Section 8. Right to Appeal. Except as otherwise pro- vided by this Ordinance or the Personnel Rules, any employee in the competitive service shall have the right to appeal to the City Council any disciplinary action, interpretation or alleged violation of this Ordinance or the rules adopted thereunder. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and pro- cedures as set forth in the Personnel Rules and Regulations adopted pursuant to this Ordinance. Section 9. Vacancies Pending Appeal From Removal From Office Deemed Temporary; Filling Temporary Vacancies. Where an appeal is taken to the City Council from an order of dis- missal from employment in the classified service, the vacancy in the position shall be considered a temporary vacancy pending final action by the City Council and may be filled only by a temporary appointment. Section 10. Applicability of Rules to Certain Exempt Positions. Except as otherwise provided by Ordinance or by Resolution, any provisions of this Ordinance or of the Person- nel Rules relating to the amount of vacation, holiday, and sick leaves shall apply to the incumbents of full time posi- tions otherwise exempt from this Personnel System. Section 11. Discrimination. No person in the competitive service, or seeking admission thereto, shall be employed, pro- moted, demoted, or discharged, or in any way favored or dis- criminated against because of political opinions or affilia- tions or because of race, color, ancestry, national origin, sex, age, religious belief, or physical handicap, except as provided for herein. POSTING : Prior to the expiration of thirty (30) days from its passage, the City Clerk shall cause this Ordinance to be posted pursuant to law in three (3) public places designated for such purpose by the City Council. ADOPTED this 19th day of April , 1979, /c/ -E Mayor f the City of Grand Terrace and of the City Council thereof.. ATTEST: 4;tWe; XTe4rrace(and er o the City o Gran of the City Council thereof. (SEAL) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 19th day of April , 1979, and that it was so adopted by the following vote: AYES: Councilmen Tillinghast, Erway, Allen, Grant; Mayor Tony Petta.. NOES: NONE ABSENT: NONE A GLW" City Clerk 6f the City of Grand Terrace and of the City Council thereof. (SEAL) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 12 of said City Council, and that the same has not been amended or repealed. DATED: April 19, 1979 (2h'..Z9;a City C erk of the City of Grand Terrace and of the City Council thereof. (SEAL) Subscribed and Sworn to before me-- this :lLday of lg1`� NOTARY PUMC In and for the County of San aernardino,State of Cabforsla 525 r� OFFICIAL SEAL KITTY L. HILL NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN BERNARDINO COUNTY My Commission Expires June 14, 1982 SZSi252`75Sr -244444S74S75