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HomeMy Public PortalAboutOrdinance 67-236ORDINANCE NO. 67 -236 AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADDING A NEW CHAPTER 3.5 TO ARTICLE II OF THE TEMPLE CITY MUNICIPAL CODE, ESTABLISHING A PERSONNEL SYSTEM THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.5, reading as follows, is hereby added to the Temple City Municipal Code: CHAPTER 3.5 PERSONNEL SYSTEM Section 2350. Adoption of Personnel System. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appoint- ments and promotions of employees will be based on merit and fitness as determined by competitive selection techniques; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby created. Section 2351. Short Title. This Chapter shall be known as "The City of Temple City Personnel Ordinance." Section 2352. Definition of Terms. The words and terms defined in this Section shall have the following meanings in this Chapter or any other ordinance or resolution authorizing the employ- ment of personnel in any department or office of the City of Temple City. (1) "Advancement" means a salary increase of one or more steps within the limits of the salary range established for a class. (2) "Allocation" means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class on the basis of duties and respons- ibilities. (3) "Anniversary Date" means the first day of the month following the date of initial employment, or the first day of the month following promotion to a position having a higher salary range, unless otherwise provided herein. (4) "Appointing Power," the City Manager, who has final authority to make the appointment to the position to be filled. (5) "City" means the City of Temple City. 1 642 Ordinance No. 67 -236 (6) "Class" or "Class of Positions" means all positions sufficiently similar in duties, authority, responsibility and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion and salary. (7) "Classified Service" means all positions on the City Service except those specifically placed in the exempt service. (8) "Compensation" means the salary, wage allowances and all other forms of valuable consi- derations, earned by or paid to any employee by reason of service in any position, but does not include any allowances authorized and incurred as incidents to employment. (9) "Competitive Service" means the positions and employments which are included or which may hereafter be included under the personnel system. (10) "Continuous Service" means employment with the City without break or interruption. Neither vacation leave, sick leave, military leave, nor leaves of absence, if the employee returns to work within sixty (60) days, whether with or without pay, shall be construed as a break or interruption in employment. If an employee is removed from payroll due to a reduction in force for any reason, said employee's continuous service shall be considered broken if said employee is not returned to the payroll within sixty (60) days. The City Manager shall be required to give such employee ten (10) days notice to return to service; and if the employee does not accept within said ten -day period, service will be terminated. (11) "Council" means the City Council of the City of Temple City. (12) "Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay. (13) "Discipline" means the punishment of an employee by method of demotion, suspension, with- holding of pay, reduction of pay, dismissal, or any other punitive measure. (14) "Dismissal" means discharge or termination of employment. (15) "Eligible" means a person whose name is on an employment list. (16) "Employee" means a person legally occupying a position in the City service. 2 643 Ordinance No. 67 -236 (17) "Employment Lists" means a list of names of persons who have taken an examination for a class in the competitive service and passed, and are ranked on the list in the order of the score received. (18) "Exempt Servicet0 means all positions of elective officials and those specifically desig- nated by the City Council to be exempt from the classification plan. (19) "Part -time Employee" means those employees in permanent positions for which compensation is fixed on the basis of part -time work. (20) "Permanent Employee" means an employee who has successfully completed his probationary period and has been retained as hereafter provided. (21) "Position" means a group of current duties and responsibilities assigned or delegated by compe- tent authority, requiring the full or part -time services of one person. (22) "Probationary Period" means a working test period during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of the position. (23) "Promotion" means the movement of an employee from one position to another which is allocated to a class with a higher maximum rate of pay. (24) "'Promotional Examination" means an examination for a particular class, admission to the examination being limited to permanent employees in the classified service. (25) "Promotional List" means an employment list resulting from a promotional examination. (26) "Provisional Appointment" means an appoint- ment acquired by a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. (27) "Reinstatement" means the re- employment without examination of a former permanent employee within two years following his resignation from the City service. Such action must have the approval of the department head and the City Manager. (28) "Relocation" means a reassignment or change in allocation of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class, at the same level on 3 644 Ordinance No. 67 -236 the basis of substantial changes in the kind, difficulty or responsibility of duties performed in such position. (29) "Service of City" means all positions in all departments and offices of the City of Temple City that are subject to control and regulations by the City Council of the City of Temple City. (30) "Suspension." means the temporary separa- tion from the service of an employee without pay, for disciplinary purposes. (31) "Temporary Appointment" means an appoint- ment of a person to a position of ,limited duration. (32) "Title," "Class Title,'.' or "Title of Class" means the designation given to, or name applied to, a class or to each position allocated to the class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the corresponding class specification. (33) V°Transfer" means a change of an employee from one position to another in the same class or another class having essentially the same maximum salary limits, involving the performance of similar duties and requiring substantially the same basic qualifications. Section 2353. Personnel Officer. The City Manager shall be personnel officer. With the approval of the Council the City Manager may delegate any of the powers and duties conferred upon him as personnel officer under this Chapter to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided herein. The City Manager shall: (a) Administer all the provisions of this Chapter and of personnel rules not specifically reserved to the Council. (b) Prepare and recommend to the Council revisions and amendments to the personnel rules. (c) Prepare a position classification plan, including class specifications and revisions of the plan. The plan, and any revision thereof, shall become effective upon approval by the Council. (d) Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and the revi- sions thereof, shall become effective upon approval by the Council. 4 61+5 Ordinance No. 67 -236 Section 2354. Competitive Service. The provisions of this Chapter shall apply to all offices, positions and employments in the service of the City, except: (a) Elective officers (b) City Manager /City Clerk (c) City Attorney (d) City Treasurer (e) Members of appointive boards, commissions and committees. (f) Persons engaged under contract to supply expert professional or technical services for a definite period of time. (g) Volunteer personnel, such as volunteer firemen, who receive no compensation from the City. Section 2355. Appointments. Appointments to vacant positions in the competi- tive 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 pract icable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selection techniques as achievement and aptitude tests, and other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler, or any combination of these, which will, in the opinion of the City Manager, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination. Section 2356. Status of Present Employees. Any employee holding a position under competi- tive service under Ordinance 61 -51 is automatically continued under that service. Section 2357. Classified Service. A. All positions in the classified service created or established by the Council are to be classified and given appropriate class titles by the Council. Each class established by said Council pursuant to this Chapter, is to include all positions sufficiently similar in respect to the duties and responsibilities to meet the requirements as specified under the definition "Class." The City of Temple City Classification Plan shall be as set forth from time to time by action of the City Council. 5 646 Ordinance No. 67 -236 E. Classification of Positions: (1) The classification of positions for the purpose of this Chapter shall be as adopted by the City Council. (2) The Council at any meeting thereof and after consideration of a recommendation from the City Manager, may be resolution adopted by a majority vote, create new classes or divide, combine or abolish existing classes. C. Use of Class Titles: The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions of the City. D. Amendment and Maintenance of Classification Plan: Whenever one or more new positions are under con- sideration for possible establishment or whenever, because of any revision in organization or methods, a significant change of the duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever a new class is created to which any position may more appropriately be allocated, or whenever, because of the abolishment or combination of any existing positions or classes an amendment of the classification plan is required, the City Manager, upon his own initiative, or upon written request of any employee, may initiate an inquiry of the classification of any position. On the .basis of such investigation, the -City Manager shall recommend such changes as he deems appropriate to the Council. The Council may take action to modify the classification plan in accordance with the provisions of sub - paragraph A above. E. Fingerprinting and -Medical Examination: Every person hereafter seeking employment, and every person`,kpresently employed and continuing during such employment, may be required to be fingerprinted and to submit to a medical examination ' by a physician selected by the City at City expense. F. Every person employed by the City of Temple City shall execute a Loyalty Oath in the form and manner designated by the State Legislature. Section 2358. Personnel System. A. Adoption of Rules. Personnel rules, prepared by the City Manager subject to this Chapter, shall be adopted, and may be amended from time to time, by resolution of the Council. - 6 647 Ordinance No. -236 The rules shall establish specific procedures and regulations governing the personnel system. B. Subject to the provisions hereof, the City Manager shall have the power to appoint, promote, discipline, demote and dismiss all officers and employees of the City included in the competitive service. C. The City Manager shall be responsible for the following procedures within the framework of this Chapter: (1) The formulation of standards and qualifi- cations for each class of position. (2) The public announcement of vacancies and examinations and the acceptance of applications for employment. (3) The preparation and conduct of written and /or oral examinations and the establishment and use of employment lists containing the names of persons eligible for appointment. (4) The evaluation of employees during proba- tionary period and periodically thereafter. (5) The standardization of hours of work, attendance, leave regulations, working conditions and the development of programs for improvement in employees° morale, welfare, training and safety. (6) The separation from service of employees through layoff, suspension and dismissal. (7) The maintenance and use of necessary forms and records to indicate days worked, sick leave, vacations, leaves of absence, etc. (8) The establishment and maintenance of suitable methods for effective communication between the Council, City Manager, Supervisors and other employees relating to conditions of employ- ment in the City service. D. All original and promotional appointments shall be for a probationary period of not less than six months, and may be extended to one year at the discretion of the City Manager. During the probationary period the employee may be rejected at any time. An employee rejected during the probation- ary period from a position to which he was promoted shall be reinstated to the former position unless he is discharged for a reason which would have been sufficient to cause his discharge from his former position. - 7 648 Ordinance No. 67 -236 Section 2359. Fay Rates Following Promotion. An employee receiving a promotion shall be entitled to the rate of pay at the entrance step at the range to which said employee is being promoted, or one step above the step in which the employee was assigned in his former position. In the event an employee is promoted on his anniversary date, he shall first receive any within range increase to which he is entitled and then any promotion salary adjustment provided. A new anniversary date shall be established for purposes of eligibility for future step increases as of the effective date of the promotion. Section 2360. Applicable Pay Rates. The Council may by resolution create new positions, and establish applicable pay rates following promotion, demotion, transfer, reallocation of positions, and the rates following salary range increases and decreases. Section 2361. Periodic Salary Review. Salaries of officers and employees shall be reviewed periodically by the Council. The City Manager will collect such salary data and related information as may be necessary to assist the Council in said salary reviews. Section 2362. Hours of Work. All City employment is based on a 40 -hour week. Section 2363. Compensation for Overtime. A. It is the policy of the City that overtime work shall be discouraged. Employees may be required to work beyond the established work week if, in the judg- ment of the City it is necessary in order to meet emergencies or to more effectively accomplish the work to be done. Overtime shall not be accorded department head and administrative level positions. All other employees shall be compensated for overtime. B. Employees shall be compensated for overtime work by taking equivalent time off, after obtaining prior approval from the City Manager. Compensatory time shall be taken at the convenience of the City unless otherwise authorized. Compensatory time may be accumulated not to exceed 40 hours (5 working days). The City Manager may authorize compensation in cash for such overtime if it is not convenient to the City for the employee to take equivalent time off. C. Incidental overtime is not compensable and may not be credited as overtime. Incidental overtime is defined as overtime of less than one -half hour which is non - current in nature. 8 649 Ordinance No. 67 -236 Section 2364. Part -time and Temporary Employment. A. Except as otherwise provided a weekly work schedule of less than 25 hours shall not be deemed to be qualified as part -time employment but shall be qualified as temporary employment. Part -time employees shall be entitled to compensation and eligible for sick leave and vacation leave which compensation shall be determined by the relation that the actual number of hours of service bears to the number of hours required in full -time employment in each class of position. B. Temporary Employees shall not be entitled to receive holidays, sick leave and /or vacation leave. Section 2365. Per Diem Travel Rates. Except as otherwise provided by law, the Council may, by order establish per diem and /or mileage rates for travel by employees on City business. Section 2366. Vacation Leave. Each permanent employee shall be entitled to ten (10) working days per year (5/6 working days per month) of vacation time with full pay, subject to the following conditions: A. After 10 years of continuous service, each permanent employee shall be entitled to 15 working days per year of vacation time with full pay. B. Vacation time shall begin to accumulate as of the first day of employment, although vacation time may not be taken until the end of six months of continuous service unless otherwise provided herein. Vacation leave shall be taken at the convenience of the City. C. Vacation time accruing to an employee prior to each annual anniversary date of full -time employment shall be taken or used by said employee within the 12- month period following said anniversary date, or shall be lost and waived by the employee. No accumulation of vacation time in excess of 10 working days is allowed. D. No employee shall be entitled to vacation pay if he resigns or is terminated prior to completing six (6) months of continuous service. E. In the case of discharge, or death, of a permanent employee who has not prior thereto taken his annual vaca- tion leave, said employee or his estate shall thereupon be paid the monetary value of the earned vacation as provided in this Section. Section 2367. Outside Employment. No full -time officer or employee of the City shall follow any calling or occupation or engage in any outside - 9 650 Ordinance No. 67 -236 business or employment unless (1) at least seven (7) days prior to accepting such calling, occupation, business or employment, he shall have notified the City Manager of such proposal; and (2) the City Manager finds that such outside employment or business does not tend to impair the efficiency of such officer or employee and will not be incompat- ible with his position in the City. Failure of an employee to so notify and receive such approval shall be grounds for discipline. Section 2368. Sick Leave with Pay. A. Each permanent City employee is entitled to ten (10) days of sick leave with pay for a calendar year of service. For the purpose of computing sick leave each employee shall be considered to work not more than five (5) days each week. B. Unused sick leave may be accumulated up to 30 days; additional accumulations shall receive salary compensation therefor. C. Additional sick leave with pay beyond that accumulated may be authorized by the City Council in unusual circumstances. D. Upon separation from the City service, persons who have been in service five years or more shall be entitled to a lump sum payment for all carry -over sick benefits accumulated to date, in addition to any accrued vacation. E. Part -time employees are eligible to receive sick leave as set forth in Section 2363A above except that such sick leave shall be based on the percent of time employed per full calendar month of service. F. A City employee who is entitled to temporary - disability indemnity under the Labor Code may elect to take as much of his accumulated sick leave, or his accumulated vacation after his accumulated sick leave becomes exhausted, as when added to his disability indemnity will result in a payment to him of his full salary or wage. Under the terms of this paragraph, the City will apply only that portion of the five days of the sick leave or vacation time that is necessary that when added to the disability indemnity will equal the full pay rate. At the option of the employee, as an alternate to the above procedure, a City employee who is entitled to temporary disability indemnity under the Labor Code may elect to receive the above- mentioned sick leave and /or vacation leave in full, upon the execution of an agreement that he will assign all disability indemnity payments to the City upon receipt for deposit in the City treasury. 10 651 Ordinance No. 67 -236 G. If for any reason the City Manager desires additional evidence of sickness, he may order the employee to report to a doctor of the City Manager's choosing. Section 2369. Leaves of Absence. Except as otherwise provided by law, leaves of absence may be granted up to a maximum of 60 days only when the Council finds that such leave will be in the best interest of the City. An employee earns no pay, vacation, sick leave, holidays, nor credited employment time applied toward his step increase during such leave of absence, except as otherwise provided by law. Section 2370. Employment of Relatives. No person shall hereafter be employed by the City who is related within the second degree to his depart- ment head or immediate supervisor. Section 2371. Holidays. All employees shall be entitled to the following legal holidays each year: January 1 February 22 May 30 July 4 September, first Monday November December 25 New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day When a holiday falls on a Sunday, Monday, the day following, will be the official day off; when a holiday falls on Saturday, Friday, the day preceding, will be the official day off. Section 2372. Appointments Subject to Chapter. The City Manager, and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay -offs, and to suspend or dismiss employees shall retain such power subject to the provisions of this Chapter and the personnel rules. Section 2373. Suspension. Any person holding a position or employment in the competitive service shall be subject to summary disci- plinary suspension without pay by the City Manager without right of appeal, but such suspensions shall not exceed a total of five (5) days for any incident nor more than a cumulative thirty (30) days in any fiscal year. 652 Ordinance No. 67 -236 Section 2374. Discipline, Filing of Charges, Appeal. A. All disciplinary action shall be vested in the City Manager. B. No permanent employee in the competitive service shall be suspended for a period longer than authorized in Section 2372, nor demoted, dismissed, reduced in pay or subjected to disciplinary action without just cause. C. Any such employee who has been so suspended, demoted, dismissed, reduced in pay or subjected to other disciplinary action, shall, within ten (10) days after written demand therefor, receive a written statement of charges from the City Manager. Such delivery shall be made by registered or certified mail or may be delivered personally to the employee. Upon receipt of the statement of charges, he shall have fifteen (15) calendar days within which to answer the charges in writing, provided that if the fifteenth day shall fall upon a holiday, the employee will have until the next business day to answer. If, within ten (10) days from the date of filing his answer to the written charges, no action satisfactory to the employee has been taken, he may within the following ten (10) days, file a written demand with the City Clerk for a hearing before the City Council. The City Council shall then make such investigation as it may deem necessary and within twenty (20) days after the demand for a hearing is filed, shall hold a hearing. The employee shall receive notice of the time and place of the hearing not later than ten (10) days prior to the time set. Hearings may be informally conducted. Within ten (10) days after concluding the hearings, the City Council shall certify its findings and decision in writing to the employee affected. The decision of the City Council may affirm, revoke or modify, and shall be final in all such appeals. D. If and to the extent that the final decision in any such appeal is favorable to the employee, he shall suffer no loss of pay or other privilege. Section 2375. Abolition of Positions. Whenever in the judgment of the Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the Council may abolish any position or employment in the competitive service and lay -off, demote or transfer any employee holding such position or employment without filing written charges and without the right of appeal. Competency shall be observed in effecting such reduction in personnel and the order of lay -off shall be made by the City Manager. Lay -off shall be made - 12 - 653 Ordinance No. 67 -236 within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the lay -off of any probationary or permanent employee. The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities or those of the class of positions from which lay -off was made. Section 2376. Right to Contract for Special Service. A. The City Manager shall consider and make recom- mendations 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 Council may contract with any qualified person or agency for the performance of all or any of the following responsibil- ities and duties imposed by this Chapter. (1) The preparation of Personnel rules and sub- sequent revisions and amendments thereof. (2) The preparation of a position classification plan, and subsequent revisions and amendments thereof. (3) The preparation of a plan of compensation, and subsequent revisions and amendments thereof. (4) The preparation, conduct and grading of competitive tests. (5) Special and technical services of advisory or informational character on matters relating to personnel administration. Section 2377. Political Activity. A. Employees in the service of the City shall not engage in any political activities proscribed by State Law (GC Sec. 3201 -6) as may be amended by the State Legislature from time to time. B. This Section does not prevent any employee from: (1) Becoming or continuing to be a member of a political club or organization. (2) Attendance at a_ political meeting. (3) Enjoying entire freedom from all interference in casting his vote. (4) Seeking or accepting election or appointment to public office other than an elective office in the City of Temple City. - 13 - 651+ 1 Ordinance No. 67 -236 (5) Seeking signature to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service or other working conditions. (6) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when he is dressed in the uniform required in any department of the City Government. Section 2378. Solicitation of Contributions. No officer or employee of the City, or any other person directly or indirectly shall solicit or receive, or in any manner be concerned in the soliciting or receiving, from anyone on an eligible list or employed in the service of the City any assessment, subscription, contribution or political service, for aiding or assist- ing in the campaign for election, or appointment to any political or official or other position in the City. Section 2379. Discrimination. No person in the competitive service or seeking admission thereto shall be favored or discriminated against in his employment because of political affiliations, race or religious beliefs. This Section shall be deemed to contain the language required by Sections 45050 and 45051 of the Government Code and Sections 1940 and 1941 of Chapter 2 of the Labor Code subject to the exceptions contained in Sections 45052, 45053 and 45054 of the Government Code and Section 1944 of Chapter 2 of Labor Code. Section 2380. Military Leave. Military leave with pay shall be granted in accordance with Section 395 of the Military and Veteran's Code. Section 2381. Jury Duty. Any summons for jury duty shall be reported within 48 hours to the City Manager. If the City Manager exercises the exemption privileges but is countermanded by the employee, then the employee shall receive no pay.... SECTION 2. REPEAL. All ordinances, or parts of ordinances, or resolutions, or parts of resolutions, in conflict herewith are hereby repealed. Ordinance 61 -51 is hereby superseded. -14 655 Ordinance No. 67 -236 SECTION 3. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance, for any reason, is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being hereby expressly declared that this Ordinance, and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one'or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. PUBLICATION. This Ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of fifteen days from the passage thereof shall be published at least once in the Temple City Times, a weekly newspaper of general circulation, published and circulated in the City of Temple City, and thenceforth and thereafter the same shall be in full force and effect. SECTION 5. The City Clerk shall certify and attest to the adoption of this Ordinance. 1967. PASSED, APPROVED and ADOPTED this 20th day of June ATTEST: //11(''-ieLt(-9 City C e Mayor of the City of Temple City, Californ'- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF TEMPLE CITY ) I, KARL L. KOSKI, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 67 -236 , was introduced at a regular meeting of the City Council of the City of Temple City, held on the 6i-h day of _ June , 1967, and was duly passed, approve ac an adopted by the City Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of the City Council held on the 20th, day of June , 1967, by the following vote: AYES :, Councilmen - Briggs, Harker, Merritt, Tyrell, Beckley NOES: Councilmen -None ABSENT: Councilmen -None - 15 ty G'r16r C Of the City of Temple City, California 656