O 183 � .
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ORDINANCE NO. 183
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
ESTABLISHING A PERSONNEL SYSTEM
Tf� CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN
AS FOLLOWS:
SECTION 1. 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 appointments and promotions of employees will
be based on merit and fitness as determined by competitive test; and
to provide a reasonable degree of security for qualified employees,
the following personnel system is hereby adopted.
SECTION 2. PERSONNEL OFFICER. The City Administrator shall be ex
officio personnel officer. With the approvsl of the council, the city
Administrator may delegate any of the powers and duties conferred upon '
him as personnel of£icer under this ordinance 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 19 of this Ordinance.
The City Administrator shall:
' (a) Administer all the provisions of this ordinance and of
the personnel rules not specifically reserved to the
council. ;
(b) Prepare and recommend to the council revisions and
amendments to the personnel rules. The city Attorney i,
shall approve the leqality of such revisions and amend- li
ments prior to their submission to the council.
(c) Prepare a position classification plan, including class '
specifications, and revisions of the plan. The plan, and
any revisions thereof, shall become effective upon app- ,
roval by the council.
(d) Prepare a plan of compensation, and revisions thereof, '
covering all classifications in the competitive service.
The plan, and any revisions thereof, shall become effect-
ive upon approval by the council. '
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sECTION 3. COMPETITIVE SERVICE. The provisions of this ordinance shall
apply to all offices, positions and employments in the service of the
city, except:
(a) Elective officers, City Administrator, Department Heads '
(b) Members of appointive boards, commissions and com►nittees.
(c) Persons engaged under contract to supply ,expert, pro-
fessional or techaical services for a definite period of
time.
(d) Volunteer personnel, such as volunteer firemen, who re-
ceive no regular compensation from the city. '�
(e) City Attorney.
SECTION 4. l,DOPTION OF RULES. Personnel rules, pregared by the City '
Administrator subject to this ordinance and to revision by the Gouncil, '
shall be adopted, and may be amended from time to time, by resolution
of the Council. The rules shall establish specific procedures and re- '
gulations governing the following phases of the personnel systems ,
(a) Preparation, installatioa, 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 class- li
ification plan, providing a rate or range of pay for each �I
class. ��
(c) Public announcement of all tests and the acceptance of ��
applications for employment. �
(d) Preparation and conduct of tests and the establishment and �
use of resulting employment lists containing names of persons I
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eligible for appointment.
(e) Certification and appointment of persons from employment
lists, and the making of temporary and emergency appoint- '
ments.
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(f) Evaluation of employees during the probationary period. �
' (g) Transfer, promotion, demotion, and reinstatement o£ i
employees in the competitive service. ;
(h) Separation of employees from the city service through �
lay-off, suspension, and dismissal.
(i) Standardization of hours of work, attendance and leave �
regulations, working conditions and the development of �
employee morale, welfare, and training.
(j) Suitable provision for orderly and equitable presentations
to the City Xdministrator and to the City Council by �
employees relating to general conditions of employment. j
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(k) Content, maintenance, and use of personnel records and i
forms . �
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SECTION 5. APPOINTMENTS. Appointments to vacant positions in the j
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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 practicable by competitive examinations .
Examinations shall he 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, I
personal interview, performance tests, evaluation of daily work per- �
formance, work sampler, or any combination of these, which will, in the
opinion of the City Administrator, test fairly the qualifications of i
candidates. Physical and medical tests may be givcn as a part of any '
examination.
In any examination the City Administrator may include, in addition
to competitive tests, a qualifying test or tests, and set minimum stand- '
ards therefor. �
Appointments shall be made by the City Administrator, excepting '
City Cle�, City Treasurer, City Engineer, City Attorney, Assistant City
Attorney, Chief of Police, Fire Chief and Director of Public Works, which �
appointments shall have the approval of the City Council. I
No special credit shall be allowed in meeting any qualification I
or in the giving of any test or the establishment of any employment or
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any employment or promotional lists, for service rendered under a
provisional appointment.
During the period of suspension of an employee or pending �
final action on proceedings to review suspension, demotion or dismissal
of an employee, such vacancy may be filled by the appointing authority
aubject to the provisions of this ordinance arid the personnel rules .
SECTION 6. PROBATIONARY PERIOD. All regular appointments, inc�uding
promotional appointments, shall be for a probationary period of not less
than six months, except that as to any class of position the rules may
provide for an extension of the pexiod for not more than an additional
six months. During the probationary period, the employee may be rejected
at any time without right of appeal or hearing.
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An employee rejected during the probationary period from a �
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position to which he has been promoted shall be reinstated to the position y
� from which he was promoted, unless he is dismissed from the city service �
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as provided in this ordinance and the rules. +
An employee in the competitive service promoted or transferred to 1
a position not included in the competitive service shall be reinstated �'
to the position from which he was promoted or transferred if, within six
months after such promotion or transfer, action is taken to reject or �
dismiss him, unless he is discharged in the manner provided in this ord- ,
inance and the personnel rules for positions in the competitive service.
SECTION 7. STATUS OF PRESENT EMPLOYEES. Any person holding a position
included 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 pxv.-
bationary period prescribed in the rul'es for his class, shall assume
regular status in the competitive service in the position held on such
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effective date without qualifyinq test, and shall thereafter be subject '
in all respects to the provisions of this ordinance and the personnel rules. �
Any other peasons 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 '
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appointment or employment.
SECTION 8. APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS. The pro- ,
visions of the personnel rules relating to attendance and leave shall
apply to the incumbents o£ full-time exempt positions. ;
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SECTION 9. APPOINTMENTS SUBJECT TO ORDINANCE. The City Administrator
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; in whom is vested the power to appoint, make transfers, promotions, �
4 demotions, reinstatements, lay-offs, and to suspend or dismiss employees,
'A shall retain such power, subject to the provisions of this ordinance and
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': the personnel rules.
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� SECTION 10. SUEPENSION. l,ny person holding a position or employment
� in the competitive service shall be subject to disciplinary suspension
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� without pay by the appointing power and without right of appeal, but il
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such suspensions shall not exceed a total of thirty calendar days in any
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i fiscal year. A department head not having power of appoiritment may make
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; disciplinary suspensions 1n accordance with the rules.
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SECTION 11. REQUEST FOR I�ARING. Any permanent employee in the comp-
; etitive service who has been demoted, dismissed, or reduced in pay, shall ',
! be entitled to request a wrftten statement of the reasons for such action. I'
Such a request must be made within three working days following the action, 'i
and he sha11 have three additional working days within which to answer the '
c harges in writing. In the event the employee requests the statement and '
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prepares his written answer, cop3es of both shall be filed with the City
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Administrator, who shall transmit them to the City Council. Within ten
days from the date of filing his answer to the written charges, or in the ,�
event such written charges have not been made available to him within the ,�
time prescribed, then within ten days after the action taken to demote, I
dismiss, or reduce the pay of the employee, he may file a written demand �
with the City Administrator requestinq a hearing before the City Council. '
The City �n�cil .sha�1 then investigate the case and conduct a hearing
as provided in this ordinance and by the rules.
The provisions of this section shall not a 1 to reductions in I
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pay which are a part of a general plan to reduce salaries and wages. '
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� SECTION 12 . RIGHT OF APPEAL. Any employee in the competitive service �
4 shall have the right to appeal to the City Council relative to any disci-
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I plinary action, dismissal, demotion, or alleged vdolation of this ordinance �
or the personnel rules; except in instances where the right of appeal is �
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� prohibited by this ordinance. Thereupon, the City Council shall make such �
; investigation as it may deem necessary and within twenty days after the
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� request for hearing was filed, the Council shall hold a hearing. The
hearing need not be conducted according to technical rules relating to
evidence and witnesses .
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SECTION 13 . ABOLITION OF POSITION. Whenever in the judgment of the Council
it becomes necessary in the interest of economy or because the necessity
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for the position or employment involved no longer exists, the �ouncil may
abolish any position or employment in the eompetitive service and lay-off, +
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demote or transfer an employee holding such position or employment with- �
out filing written charges and without the right of appeal. �
Seniority shall be observed in effecting such reduction in per- I
sonnel and the order of lay-off shall be in the reverse order of total
cumulative time served in the city service upon the effectiue date of the
lay-off. Lay-off shall be made within classes of positions, and all pro- �
visional employees in the affected class or classes shall be laid off
prior to the lay-off of any probationary or permanent emplayee. �
For the purpose of determining order of lay-off, total cumulative
time shall include time served on military leave of absence.
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.
Names of persons laid off shall be placed upon re-employment lists
in order of their competency, and shall remain on such lists for a period
of two years unless re-employed sooner. For re-employment purposes,
competency of a person laid off shall be determined by the head of the
departsnent in which such person worked. �
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SECTION 14. IMPROPER POLITICAL ACTIVITY. Any person holding an office ,�
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or employment in the competitive service shall not: �
(a) Seek or accept election, nomination, or appointment as
an o£ficer of a polltical club or organization. �
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(b) Take an active part in a county or municipal political
campaign.
(c) Serve as a member of a committee of such club, organization �
or circle.
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(d) Seek signatures to any petition provided for by any law. �
(e) Act as a worker at the polls or distribute badges, pam-
phlets, dodgers, or handbills of any kind favoring or
opposing any candidate for electi�n or nomination to a
county or city office.
SECTION 15. ACTIVITIES NOT AFFECTEp. This ordinance does not prevent
any officer or employee from:
(a) Becoming or continuing to be a member of a political cl.ub '
or organization.
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(b) Attendance at a political meeting. �
(c) Enjoying entire freedom from all interference, in casting
his vote.
(d) Seeking or accepting election or appointnent to public �
office while on leave of absence. ''
(e) Seeking signatures to any initiative or referendum petition '
directly affecting his rates of pay, hours of work, retire-
ment, civil service, or other working conditions.
(f) 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
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work, or when he is dressed in the uniform required in any �
department of the city government. '
1`he violation o£ any provision of Section 14 is ground for dis-
charge of any officer or employee.
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SECTION 16. DISCRIMINATION. No person in the competitive service, or
seeking admission thereto, shall be employed, promoted, demoted or discharg-
ed, or in any way favored or discriminated against because of political
opinions or affiliations or because of race or religious belief.
SECTION 17. SOLICITATION OF CONTRIBUTIONS. No officer, aqent, clerk, �
or employee, under the government of the city, and no candidate for any �
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; city office shall, directly or indirectly, solicit or receive, or be in �
,L any manner concerned in soliciting or receiving, any assessment, subscrip- i
, tion, contribution or �
, political service, whether voluntary or involuntary, �
for any political purpose whatsoever, from anyone on the employment lists
or holding any position under the provisions oE this ordinance.
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No officer or employee in the competitive service shall, directly
or indirectly, solicit or receive, or be in any manner concerned in so- '
liciting or receiving, any assessment, subscription or contribution, whether
voluntary or involuntary, for any gu;pose affecting his working conditions,
from any person other than an officer or employee in the competitive
service. I
SECTION 18. RIGHT TO CONTRACT FOR SPECIAL �ERVICE. The city Adminiatrator
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 establishme�]h- a� 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 responsibiltties and duties
imposed by this ordinance:
(a) The preparation of personnel rules and subsequent revisions
and amendments thereo£.
(b) The preparation of a position classificatlon plan, and sub- '
sequent revisions and amendments thereof.
(c) The preparation of a plan of compensation, and subsequent
revisions and amendments thereof.
(d) The preparation, conduct and grading of competitive tests . !
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(e) Special and technical services of advisory or informational
character on matters relating to personnel administration.
SECTION 19. APPROPRIATION OF FUNDS. The Council shall appropriate such
£unds as are necessary to carry out the provisions of this ordinance.
SECTION 20. PENALTY FOR VIOLATION. Any person, firm, or corporation
violating any of the provisions of this ordinance shall be deemed guilty
of a misdemeattor and upon a conviction thereof shall be punishable by a ,
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fine of not more than $500.00 or by imprisonment for a period of not more �
than six months or by both such fine and imprisionment.
SECTION 21. SEVER?,BILITY. If any section, subsection, subdivision, �
sentence, clause or phrase of this ordinance is for any reason held to !
be unconstitutional, such decision shall not affect the validity of the
remaining portions of this eyrdinance. The Council hereby declares that j
it would have passed this ordinance, and each section, subsection, sub- i
division, sentence, clause and phrase thereof, irrespective of the fact ,
that any one or more sections, subsections, subdivisions, sentences,
clauses or phrases be declared unconstitutl6rnal.
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On mo�ion of Courr.ilman _�iecobs _ ., , Hnd `
seconded by Councilman MeNcil , and ou che following '
roll call vote, to-wit: �,i
A7fCS : C�mcilaw 1icMillen, Aood, Mt�il, 7acobs and Mayor Burt
NOES : ��
ABSENT: ��1e �
the foregoing Ordinance wea adopted this 2i�_ day of xoveaber , !
lg 63 !
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ATTES :
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I, POLLY S. MILLER, City Clerk of the City of Arroqo Grand.e,
County of San Luis Obispo� State of California. do hereby certify I
that the foregoing Ordinance No. 1s3 is a true, full and correct
copy of said Ordinance passed and adopted by the City Council of the �
City of Arroyo Grande at a regular �eeting of said Council on the
26Lh �y of Povezber , 1963,
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WITNESS my hand and the seal of the Citq of Arroyo Grande �
affixed this 27th day of �loveaber , 1563.
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ity r o t it� o rroyo ran e �
(seal)
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