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HomeMy WebLinkAboutOrd. No. 1987-805CITY OF LAKE ELSINORE ORDINANCE N0. 805 AN ORDINANCE OF THE CITY OF LAKE ELSINORE ADDING TO TITLE 2 OF THE LAKE ELSINORE MUNICIPAL CODE CHAPTER 2.46 ENTITLED PERSONNEL THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.46 is hereby added to Title 2 of the Lake Elsinore Municipal Code to read as follows: "Chapter 2.46 PERSONNEL "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 Layoff and Reemployment 2.46.120 Political Activity "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 following personnel system 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 admin- ister the city personnel system and may delegate any of the ~ powers and duties of such administration and/or may delegate the appointing authority granted by the City Council to any other officer or employee of the City. The City Manager shall: A. Act as the appointing authority for the City. B. Administer all the provisions of this Ordinance 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 classifica- tion plan, including. class specifications, and revisions of the plan. E. Have the authority to discipline employees in accor- dance with this Ordinance and the personnel rules of the City. F. Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; 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 Comoetitive Service. The provisions of the Ordinance shall apply to all offices, positions and employments in the service of the City, except: A. Elective officers. B. The City Manager and any assistants to the City Manager. C. Members of appointive boards, commissions and committees. D. All department heads including the Director of Adminis- trative Services, the Director of Community Development and the Director of Public Services. E. Persons engaged under contract to supply expert, pro- fessi'onal, technical or any.other services. f. Volunteer personnel. G. All Council appointed City officers. H. 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. I. Employees, other than those listed elsewhere in the Section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means, an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1040) hours per year, has successfully completed the pro- bationary period and has been retained as provided in this Ordinance and the personnel rules. J. Any position primarily funded under a State or Federal employment program. K. Employees not included in the competitive service under this Section shall serve at the pleasure of their appointing 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 quali- fications for each class. B. Appropriate 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 employ- ment lists and the making of provisional appointments. E. Establishment of probationary testing periods. F. Evaluation of employees during the probationary testing period and thereafter. G. Transfer, promotion, demotion, reinstatement, discipli- nary 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. J. The establishment of any necessary appeal procedures. "2.46.060 Aopointments. Appointments to vacant posi- tions in the :competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness. Examinations may be used and con- ducted 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, medical and psychological tests may be given as apart of any examination. In any examination the City Manager or his/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 competitive 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 appoint- ments, including promotional appointments, shall be fora pro- bationary period in accordance with applicable provisions of the personnel rules. Determinations 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 rules. "2.46.080 Status of Present Emolovees. Any person holding a position included in the competitive service who, on the effective date of this Ordinance, shall have served con- tinuously 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/her 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 rules. 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 Pav, Suspen- sion. Reorimand. The City Manager or any appointing power shall have the authority to demote discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accor- dance with procedures included in the personnel rules. "2.46.100 Right of Appeal. Any employee in the compete- tive service shall have the right to appeal a demotion, reduc- tion in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this Ordinance or the rules adopted thereunder. All appeals shall be processed in accordance with the require- ments and procedures as set forth in the personnel rules adopted pursuant to this Ordinance. "2.46.110 Lavoff and Reemoloyment. Layoff and reemploy- ment 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." SECTION 2. Severabilitv. If any portion of this Chapter is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this Chapter regardless of the absence of any such invalid part. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. Certification. This Ordinance shall be published one (1) time in the Sun Tribune Newspaper within fifteen (15) days after its adoption. INTRODUCED AND PASSED UPON FIRST READING this 23rd day of June, 1987 upon the following roll call vote. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 14th July 1987, on the following roll call day of AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: ~~,~ Vicki Lynne K ad, City Clerk -City of Lake sinore /~c eon St go e, Mi r City o Lake Elsinore Approved as to form and legality: ~ ~J John Harper, C t Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 23, 1987, and had its second reading on July 14, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ,. VIZ:~~N~('~SAD, ' ~ TY C ERK CITY OF LAKE' ELSID:ORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 805, of said Council, and that the same has not been amended or repealed. DATED: July 15, 1987 r~i~a.ii av a~u vFaaJ, c..i .< CITY OF LAK ELSINORE (SEAL)