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ORD 260 ORDINANCE NO. 260 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 2 .46 TO ESTABLISH A PERSONNEL SYSTEM THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2 .46 of Title 2 of the Rancho Palos Verdes Municipal Code is hereby added to read as follows: Chapter 2.46 PERSONNEL SYSTEM Sections: 2 .46. 010 Adoption of Personnel System. 2 .46. 020 Definitions. 2 .46. 030 Administration. 2 . 46. 040 Competitive Service. 2 .46. 050 Adoption and Amendment of Rules. 2 .46. 060 Appointments. 2 .46. 070 Probationary Period. 2 .46. 080 Status of Present Employees. 2 .46. 090 Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand. 2.46. 100 Right of Appeal. 2 .46. 110 Lay-Off and Re-Employment. 2 .46. 120 Political Activity. 2 .46. 130 Contracts for Special Service. 2 . 46. 010 Adoption of Personnel System. In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the personnel system set forth in this chapter is hereby adopted. 2 .46. 020 Definitions. The terms used to administer the personnel system shall be defined in the personnel rules. 2 .46. 030 Administration. The City Manager shall administer the city personnel system and may delegate any of the powers and duties to a Personnel Officer, or may delegate the appointing authority granted by the City Council 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 .46. 130. The City Manager shall: A. Act as the appointing authority for the City. B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council. C. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. E. Have the authority to discipline employees in accordance with this chapter and the personnel rules. F. Provide for the publishing and posting of notices on the City Hall bulletin boards of tests for positions in the competitive service; the receiving of applications there- for; the conducting and grading of tests; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. 2 .46. 040 Competitive Service. The provisions of the chapter shall apply to all offices, regular full-time positions and employment in the service of the City, except: A. Elective officers. B. The City Manager, the Assistant or Deputy City Manager. C. The City Attorney and any assistant or deputy city attorneys. D. Members of appointive board, commissions, and committees. E. All department heads as established in section 2 .46. 050 L. F. Persons engaged under contract to supply expert, professional, technical or any other services. G. Volunteer personnel such as docents. H. All Council-appointed city officers. I/ I. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extra- ordinary fire, flood, or earthquake which threatens life or property. Ord. No. 260 900710 hmb A187.APC(3) -2- J. Any position primarily funded under a state or federal employment program. Employees not included in the competitive service under this section shall serve at the pleasure of their appointing I/ authority. 2 .46. 050 Adoption and Amendment of Rules. Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including: 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. Provisions for the announcement of the selection process and acceptance of applications for employment. C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment. D. Certification and appointment of persons from employment lists, and the making of provisional appointments. E. Establishment of probationary periods. F. Evaluation of employees during the probationary period and thereafter. G. Transfer, promotion, demotion, reinstate- ment, disciplinary action and layoff of employees in the competitive service. H. Separation of employees from the city service. I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements. I/ J. The establishment of any necessary appeal procedures. K. Leave and vacation procedure. L. Department head positions and organization. 2 .46. 060 Appointments. Appointments to vacant 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 Ord. No. 260 900710 hmb A187.APC(3) —3— 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 and medical examinations and for public safety psychological examinations may be given as a part I/ of any examination pertinent to the job description. In any examination the City Manager or his or her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. The appointing authority of employees in the competi- tive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City. 2 . 46. 070 Probationary Period. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. The appointing authority may extend such probationary period up to six 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. An employee has a right to a status review before the end of the probationary period. An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service as provided in the personnel rules. If no vacancy exists in such position, he or she shall be placed on a re-employment list as provided in the personnel rules. 2 .46. 080 Status of Present Employees. Any person holding a position included in the competitive service who, on the effective date of this chapter, shall have served I/ continuously in such position, or in 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 chapter and the personnel rules. Ord. No. 260 900710 hmb A187.APC(3) —4— 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 .46. 090 Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand. The City Manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for a stated reason in accordance with procedures included in the personnel rules. 2 .46. 100 Right of Appeal. Any employee in the competitive service shall have the right to appeal a disciplinary action, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder. All disciplinary action appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter. 2 .46. 110 Lay-Off and Re-Employment. Lay-off and re-employment actions shall follow the process outlined in the personnel rules. 2 .46. 120 Political Activity. The political activities of city employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law. 2 .46. 130 Contracts for Special Service. 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 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 chapter: 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 adminis- tration. Ord. No. 260 900710 hmb A187.APC(3) —5— Section 2 . Severability. If any term, provision, section or part of this Ordinance shall be determined invalid, void or unenforceable, the remainder of this Ordinance shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Ordinance. PASSED, APPROVED and ADOPTED this 3rd day of July, 1990. I/ , AAP / (Adoe lit"u" fry, . ATTEST:Al / Of CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance No. 260, passed first reading on June 19 1990, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 3 , 1990, and that the same was passed and adopted by the following roll call vote: AYES: HINCHLIFFE, BACHARACH, MCTAGGART, RYAN AND MAYOR HUGES NOES: NONE ABSENT: NONE ABSTAIN: 041 CITY CLERJ, I/ Ord. No. 260 900710 hmb A187.APC(3) -6- v= ORD. 260 RANCHO PALOS VERDES STATE OF CALIFORNIA COUNTY ,OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly des poses and says : That at all times herein mentioned, she was and now is the duly qualified City City Clerk of the City of Rancho Palos Verdes , California: That on the 20th day of JULY , 1990 , she caused to be posed in three conspicuous p al ces , as required b y law the following : AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 2. 46 TO ESTABLISH A PERSONNEL SYSTEM a copy of which is attached hereto , in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274 LOS ANGELES COUNTY FIRE STATION MIRALESTE STATION 4000 MIRALESTE PLAZA RANCHO PALOS VERDES , CALIFORNIA 90274 U. S . POST OFFICE 28649 SOUTH WESTERN AVENUE RANCHO PALOS VERDES , CALIFORNIA 90732 I certify under penalty of perjury that the foregoing is a true and . P Y g g correct affidavit of posting . 1 - --- J .41 /40°' op PUR ELL, CMC Y CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274-5391 / (213) 377-0360