Ordinance Number 474ORDINANCE NO. 474 144
PERSONNEL MANAGEMENT SYSTEM
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REPEALING EXISTING ARTICLE 4, CHAPTER
5, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE, AND IN PLACE THEREOF, ADDING A NEW ARTICLE 4,
CHAPTER 5, TITLE 2 TO THE SAN JUAN CAPISTRANO
MUNICIPAL CODE (PERSONNEL MANAGEMENT SYSTEM)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Repeal and Adoption.
Article 4, Chapter 5, Title 2 of the San Juan Capistrano
Municipal Code is hereby repealed, and in place thereof, a new
Article 4, Chapter 5, Title 2 of the San Juan Capistrano Municipal
Code is hereby adopted to read as follows:
"ARTICLE 4. Personnel System
"Section 2-5.401
Purpose.
"The personnel management system set forth in this
Article and referred to as the classified service is hereby
adopted for the following purposes:
"(a) To provide for a modern and effective system
of personnel selection, training, education
and discipline;
"(b) To provide for rules governing employee
compensation, benefits, attendance and leaves;
"(c) To provide rules and regulations governing
employer/employee relations, and;
"(d) To promote efficiency and effectiveness for
the services provided by the City.
"Section 2-5.402. Definitions.
"For the purposes
apparent from the context,
this Article are defined in
of San Juan Capistrano.
"Section 2-5.403
of this Article, unless otherwise
certain words and phrases used in
the Personnel Rules of the City
Personnel Officer: Powers
and Duties.
"The City Manager shall serve as the Personnel
Officer. The City Manager may delegate any of the powers
and duties conferred upon as Personnel Officer pursuant to
the provisions of this Article to any other officer or
employee of the City or may recommend that such powers or
duties be performed under contract as set forth in Section
2-5.420 of this Article. The Personnel Officer shall have
the following powers and duties:
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45 "(a) To administer and enforce the provisions of
this Article and of the personnel rules not
specifically reserved to the Council;
"(b) To prepare and recommend to the Council
personnel rules and the necessary revisions
and amendments to such rules; and,
"(c) To prepare, or cause to be prepared, a
position classification plan and compensation
plan, including revisions of either or both
of the plans. The plans and any revisions
thereto shall become effective upon approval
by the Council.
"Section 2-5.404. Classified Service: Exemptions.
"The provisions of this Article shall apply to all
offices, positions, and employments in the service of the
City, except the following, unless otherwise set forth in
this Article or in the Personnel Rules:
"(a)
The City Manager
"(b)
The City Clerk
"(c)
The City Treasurer
"(d)
The City Attorney
"(e)
Elected officials and all members of appointed
boards, commissions and committees
"(f)
Persons engaged under contract (other than
regular, probationary, or temporary employees)
to supply expert professional, technical or
other services
"(g)
Volunteer personnel, such as volunteer
firefighters
"(h)
Emergency employees who are hired to meet the
immediate requirements of emergency conditions
"(i)
Interns and legislative aides
"(j)
Employees designated as 'Executive' by the
Personnel Rules or by resolution of the City
Council.
_ "Persons exempt from the classified service serve
at the pleasure of the appointing authority, may be appointed
by any method deemed appropriate by the Personnel Officer,
and may be terminated at any time without right of appeal or
due process.
"Section 2-5.405
Establishment of Offices,
Positions, Duties, and
Salaries: Authority.
"The offices and positions of the City government,
the duties incidental thereto, the salaries to be paid, and
time of the payment of the salaries shall be as provided for
by resolution of the Council, except as to those officers
and employees whose compensation is fixed and determined by
law as provided by the statutes and laws of the State.
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"Section 2-5.906. Personnel Rules. 146
"Personnel rules shall be prepared, or caused to be
prepared, by the City Manager, subject to the provisions of
this Article. The personnel rules shall be adopted or
amended by resolution of the Council after notice of such
action has been duly made pursuant any related provision of
any current Council approved employer-employee relations
resolution. The personnel rules shall establish regulations
governing the personnel system including, but not limited
to:
"(a) The preparation, installation, revision and
maintenance of a position classification plan
covering all positions in the classified
service, including the employment standards
and qualifications for each class;
"(b) The preparation, revision and administration
of a plan of compensation related to the
position classification plan and providing
for a single rate or range of pay for each
class;
"(c) The process and techniques of the recruitment
and selection of personnel to fill positions
in the classified service, including reasonable
and adequate announcements of existing
vacancies and utilizing such selection methods
as may be appropriate to the classes in
ascertaining the relative qualifications of
applicants. All provisions of the laws,
ordinances and rules relating to equal
opportunity for employment within the City
service shall be followed;
"(d) The certification and appointment of persons
from employment lists and the making of
temporary appointments;
"(e) The establishment of probationary periods;
"(f) The evaluation of employees during the
probationary period and subsequently;
"(g) The transfer, promotion, demotion,
reinstatement, disciplinary action, and layoff
of employees in the classified service;
"(h) The separation of employees from the City
service;
"(i) The establishment of adequate personnel
records;
"(j) The establishment of appeal procedures
concerning the interpretation or application
of this Article and any rules adopted pursuant
to the provisions of this Article;
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14'7
"(k) The establishment of hours of work,
attendance and leave regulations, and working
conditions; and,
11(1) The development of the potential knowledges
and abilities of employees.
"Section 2-5.407. Appointments.
"Appointments to vacant positions in the classified
service shall be made by the appropriate appointing power in
accordance with the personnel rules. When an appointment is
to be made to a vacancy in the classified service, the
Personnel officer shall transmit to the appropriate
appointing power the names of all persons on the appropriate
employment list in the order in which they appear on the
list. In the absence of an appropriate employment list, a
temporary appointment may be made in accordance with the
personnel rules.
"Section 2-5.408. Probationary Periods.
"All appointments to the classified service,
including promotional appointments, shall be for a probationary
period as more fully defined in the personnel rules. During
the probationary period, the employee may be rejected at any
time without the right of an 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 was
discharged from the City's service as set forth in this
Article and the personnel rules.
"Section 2-5.409. Demotions, Dismissals,
Reductions in Pay and
Suspensions.
"Any appointing authority shall have the right to
demote, discharge, reduce in pay, or suspend any employee in
the classified service under the direction of such appointing
power. Pre -disciplinary procedures shall be observed prior
to the effective date of disciplinary action other than a
verbal or written reprimand.
"Section 2-5.410. Disciplinary Actions: Appeals.
"All employees in the classified service shall have
the right to appeal to the City Manager any disciplinary
action except in those cases where the right of appeal is
specifically prohibited by the provisions of this Article or
the personnel rules. All appeals shall be conducted as
provided in the personnel rules and shall be conducted as
expeditiously as possible.
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"Section 2-5.411. Abolition of Positions.
148
"Whenever, in the judgment of the City Manager, it
becomes necessary in the interests of economy or because the
necessity for a position no longer exists, the City Manager
may abolish any position of employment in the classified
service. An employee holding such position of employment
may be laid off without the appointing power taking
disciplinary action and without the right of appeal by the
employee.
"The order of layoff of employees shall be based
upon seniority in the City service as further defined in the
Personnel Rules; provided, however, no regular or
probationary employee shall be laid off from his position in
any department while any temporary employee is serving in
the same class in the City service. Employees to be laid
off shall be given notice at least ten (10) working days
before such layoff.
"The names of permanent and probationary employees
laid off or demoted in lieu of layoff shall be placed upon
reemployment lists for one year for those classes requiring
basically the same qualifications, duties and responsibilities
as the class from which the layoff or demotion in lieu of
layoff was made. The order of names shall be in reverse
order of the layoff.
"Section 2-5.412.
Political Activities.
"The political activities of City employees shall
conform to the pertinent provisions of State and Federal
laws.
"Section 2-5.413. Discrimination.
"It shall be unlawful for any person in the
classified service, or seeking admission thereto, to be
employed, promoted, demoted, or discharged or in any way
favored or discriminated against because of political
opinions or affiliations or because of race, color,
ancestry, national origin, religious creed, age, or sex, or
because of the exercise of his rights under Section 3502 of
the Government Code of the State. Physical condition or
handicap shall be a factor only if a bonafide occupational
qualification so requires.
"Section 2-5.414. Contracts for Special
Personnel Services.
"The City Manager may consider and make
recommendations to the Council regarding the extent to which
the City should contract for the performance of services in
connection with the establishment or operation of the
personnel system. The 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 the provisions of this Article:
Q.7M
'(a) The preparation of personnel rules and
subsequent revisions and amendments thereto;
"(b) The preparation of a position classification
or compensation plan and subsequent revisions
and amendments thereto;
"(c) The preparation, conduct, and grading of any
form of selection device deemed appropriate
for the purpose of determining the relative
qualifications of applicants for the positions
in the City service;
3
"(d) The conduct of employee development or training
programs; and,
"(e) Special and technical services of an advisory
or informational character on matters relating
to personnel administration."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted at the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 5th day of
October , 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT: None
ATTEST:
CITY CLERY