HomeMy WebLinkAbout90-10 CC OrdinanceORDINANCE NO. 90-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 2.60 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING A
PERSONNEL SYSTEM ENTITLED "PERSONNEL SYSTEM"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1.
read as follows:
Sections:
Chapter 2.60 is hereby added to the Temecula Municipal Code which shall
"Chapter 2.60
2.60.010
2.60.020
2.60.030
2.6O.O4O
2.60.050
2.60.060
2.60.070
2.60.080
2.60.090
2.60.100
2.60.110
2.60.120
2.60. 130
2.60.140
2.60.150
System Adopted.
Definitions.
Administration
Competitive Service
Adoption and Amendment of Policies and Procedures
Appointments.
Probationary Period.
Status of Present Employees.
Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand.
Right of Appeal.
Lay Off and Reemployment.
Political Activity.
Contract for Special Services.
Appropriation of Funds.
Abolishment of Position.
Ords 90-10
2.60.010. System Adopted.
In order to establish an equitable and uniform procedure for dealing with
personnel matters and to comply with applicable laws relating to the administration of the
personnel process, the following personnel system is hereby adopted.
2.060.020 Definitions.
The terms used to administer the personnel system shall be defined in the
personnel policies.
2.040.030 Administration
The City Manager shall administer the city personnel system and may delegate
any of the powers and duties of such administration 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 2.60.130. The City Manager shall:
(a) Act as the appointing authority for the City in accordance with
§2.08.060(b) of the Municipal Code;
(b) Administer all the provisions of this chapter and of the personnel policies
and procedures not specifically reserved to the Council;
(c) Prepare or cause to be prepared personnel policies and procedures and
revisions. The City Attorney shall approve the legality of such policies and procedures and
revisions prior to their submission to their implementation;
(d) Recommend to the City Council personnel policy issues involving financial
commitments such as, but not limited to, pay rates and employee benefit programs;
(e) Prepare or cause to be prepared, a position classification plan, including
class specifications, and revisions of the plan;
(f) Prepare, or cause to be prepared, a plan of compensation, and revisions
thereof, covering all classification titles for authorized City positions. The plan and any
revisions thereof shall become effective upon approval of the Council;
(g) Have the authority to discipline employees in accordance with this
ordinance and the personnel policies of the City;
(h) Provide for the recruitment and selection of City employees based upon
open or promotional recruitment, and performing any other duty that may be required to
administer the personnel system.
Ords 90-10
2.60.040. Competitive Service
The provisions of this chapter shall apply to all offices, positions and employments
in the service of the City which offices, positions and employments shall be in the competitive
service, except this chapter shall not apply to:
(a) Members of the City Council;
(b) Members of the appointive boards, commissions and committees;
(c) Persons engaged under contract to supply expert, professional, or technical
service for a definite period of time.
(d) Volunteer personnel, who receive no regular compensation from the City.
(e) City Attorney, City Clerk, City Manager, City Treasurer, Assistant City
Manager and/or Assistant to the City Manager, City Treasurer, City Clerk;
(f)
City Manager.
Department Heads and other management positions so designated by the
(g) 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;
(h) Employees, other than those listed elsewhere in this section, who are not
regularly employed in positions. "Regularly employed in positions" means an employee hired
for an indefinite term into a budgeted position, who is regularly scheduled to work no less than
forty 940) hours per week and has successfully completed the probationary period and been
retained as provided in this ordinance and the personnel policies;
(i) Any position primarily funded under state or federal employment
programs;
(j) Any new position hereafter created by the City Council, unless declared
by the City Council to be in the classified service at the time of creation or thereafter.
Employees not included in the competitive service under this section shall serve
at the will of their appointing authority and may be discharged without cause or right of appeal.
Ords 90-10
2.60.050. Adoption and Amendment of Policies
Personnel policies shall be prepared and may be amended from time to time by
the City Manager, subject to the review of the City Council. Any policy matters involving the
commitment of financial resources shall be recommended and must be approved by the City
Council prior to implementation. The policies shall govern the personnel system, including but
not limited to:
(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) Preparation, revision and administration of a plan of compensation directly
correlated with the position classification plan providing a rate or range of pay for each class;
(c) Open and promotional recruitment to fill regular positions;
(d) The making of temporary and emergency appointments;
(e) Establishment of probationary testing periods;
(f) Transfer, promotion, demotion and reinstatement of employees;
(g) Evaluation of the job performance of employees;
(h) Separation of employees from the City service;
(i) Content, maintenance and use of personnel records and forms;
(j) The establishment of any necessary appeal procedures.
2.60.060. Appointments
(a) Appointments to vacant positions in the competitive service shall be made
in accordance with the personnel policies. Appointments and promotions shall be based on merit
and fitness. Examinations shall be used in and conducted to aid in 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 and other written tests, personal interviews,
performance tests, physical agility tests, evaluation of daily work performance, work samples
or any combination of these tests. The probation period shall be considered an extension of the
examination process. Physical, medical and psychological tests may be given as part of any
examination.
Ords 90-10
(b) In any examination, the City Manager or his designee may include, in
addition to the competitive tests, qualifying test or tests, and set minimum standards therefore.
(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 of the City.
2.60.070 Probationary Period
All regular appointments, including promotional appointments, shall be for a
probationary period in accordance with applicable provisions of the personnel policies.
Determination as to satisfactory completion or extension of said period, and/or rejection of an
employee during said period, shall also be consistent with the applicable provisions of the
personnel policies and procedures.
2.60.080 Status of Present Employees.
Any person holding a position 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
personnel policies and procedure 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 policies and
procedures.
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 personnel policies and procedures before obtaining regular status. The probationary period
shall be computed from the date of appointment or employment.
All employees as defined under this section are employed subject to the personnel
system established herein which in accordance with Government Code §53291, supersedes any
other system.
2.60.090 Demotion, Dismissal. Reduction in Pay, Suspension, Reprimand.
The City Manager or any appointing authority 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 policies.
Orals 90-10
2.60.100 Right of Appeal
Any employee in the competitive service shall have the right to appeal a demotion,
reduction in pay, suspension exceeding five (5) days, or discharge for disciplinary reasons,
except in those instances where the right of appeal is specifically prohibited by this ordinance
or the policies and procedures adopted thereunder. All appeals shall be processed in accordance
with the requirements and the procedures as set forth in the personnel policies and procedures
adopted pursuant to this ordinance.
2.60.110 Lay Off and Reemployment
Lay off and reemployment actions shall follow the process outlined in the
personnel policies.
2.60.120 Political Activity
The political activities of City employees shall conform to the pertinent provision
of state law and any local provision adopted pursuant to state law.
2.60.130 Contract for Special 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 technical 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.
2.60.140 Appropriation of Funds
The City Council shall appropriate such funds as are necessary to carry out the
provisions of this chapter.
2.60.150 Abolishment of Position
Whenever in the judgement of the Council it becomes necessary in the interests
of economy or because the necessity for the position involved no longer exists, the Council may
abolish any position or employment in the classified service and discharge the employee or
officer holding such position or employment."
Section 2. SEVERABILITY. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted in the manner prescribed by law.
Ords 90-10
PASSED, APPROVED AND ADOPTED this 10th day J/~~~
Ronald J. Parks, Mayor
ATTEST:
Deputy C~2y-Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify the
foregoing Ordinance No. 90-10 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of June, 1990, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th day
of July, 1990, by the following vote.
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Mufioz,
Moore, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS:
None
Jm~e_~S...~3reek, Deputy City Clerk
APPROVED AS TO FORM:
Sco(~~eld, City Att~
Ords 90-10