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Ord 90ORDINANCE NO. 90 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING A PERSONNEL SYSTMM FOR THE CITY AND REPEALING ORDINANCE 44-75 OF THE POWAY ~ICIPAL ~A'r~ DISTRICT THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLTfOWS: SEC. 1 Adoption Of Personnel System: The purpose of This Ordinance is to establish a system of persomnel ~tministration based cm merit principles. These merit principles include: (a) Recruiting, selecting, and advancing ~mployees on their relative abili- ties, knowledges, and skills, including open consideration of qualified applications for initial appointments; (b) Providing equitable and adequate cc~pensation; (c) Training e~ployees as nc~ed, to assure high quality performance; (d) Retaining employees on the basis of the adequacy of their performance, and separating employees whose inadequate performance cannot be corrected; (e) Assuring the impartial treatment of applicants and ~mployees in all aspects of personnel administration without regard to political affi- liation, race, color, national origin, sex, religion, age, marital sta- tus, or handicap, and wi th proper regard for their privacy and constitutional rights as citizens. SEC. 2. Personnel Officer: The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him/her as Personnel Officer under this ordinance to any other officer or em- ployee of the City or may recc~mend that such powers and duties be performed under contract. The Personnel Officer shall: (a) Administer all the provisions of this ordinance and of the personnel rules. (b) Prepare, reccmraend to the City Council, and, upon approval implement personnel rules and revisions and amendments to such rules. (c) Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall beccme effective upon approval by the City Council. Ordinance No. 90 Page 2 (d) (e) (f) (g) (h) Prepare or cause to be prepared an ~,~loyee cu¥~ensation plan including base salary and fringe benefits provisions. The plan, and any revi- sions thereof, shall beccme effective upon approval by the City Council. Provide for the publishing or posting of notices of tests for positions in the classified service; the receiving of applications therefore; the conducting and grading of tests; the certification to the appointing authority of a list of all persons eligible for appointment to the appropriate position in the classified service. Provide for the hearing of appeals submitted by any applicable ~,~loyee relative to any disciplinary action, dismissal, demotion, interpreta- tion, or alleged violation of this ordinance or the Personnel Rules and to make findings and final disposition as provided in the Personnel Rules. Investigate and make recommendations as may be appropriate on any matter of personnel policy. Conduct, administer or otherwise carryout all labor relations activi- ties on behalf of the City. SEC. 3. Scope: The provisions of this ordinance shall apply to all offices, positions and employments in the service of the City, except: (a) Elective officers. (b) Members of appointive boards, c~tu.~ssions, and cc~amittees. (c) The City Manager, City Attorney, City Clerk, and City Treasurer. (d) Persons engaged under contract to supply expert, professional, tech- nical or any other services. (e) Volunteer and temporary personnel. SEC. 4. Adoption And Amendment Of Rules: Personnel rules shall be developed by the Personnel Officer and submitted to the City Council for approval. The Personnel Officer shall give reasonable written notice to each recognized em- ployee organization affected by the ordinance, rule, resolution, or regulation or amendment thereof proposed to be adopted, if within the scope of represen- tation. The Rules shall contain regulations governing the Personnel System including: Ordinance No. 90 Page 3 (a) Preparation, installation, revision, and maintenance of a position classification plan covering all positions including ~ployment stan- dards and qualifications for each class. (b) Preparation, i~pl~__ntation, revision, and maintenance of an ~L~loyee c~L~_nsation plan including base salary and fringe benefit provisions. (c) Announcement of all tests and acceptance of applications for employment. (d) Preparation and co~duct of tests and/or other selection methods and the establishment and use of resulting employment lists containing name~ of persons eligible for appointment. (e) Certification and appointment of persons frcm ~loyment lists, and the making of previsional appointments. (f) Establishment of probationary periods. (g) Evaluation of ~loyee performance. (h) Transfer, prcmotion, demotion, reinstatement, disciplinary action and layoff of ~Nployees. (i) Separation of ~loyees from the City service. (j) The establishment and maintenance of adequate personnel records. (k) The establishment of appeal procedures concerning the interpretation and application of this ordinance and any rules adopted hereunder. (1) Any other matter relating to personnel matters. SEC. 5. Status Of Present ~loyees: Any person holding a position with the City who, on the effective date of this ordinance, shall have served continu- ously in such position, or in scme other position, for a period equal to the probationary period prescribed in the rules for the class shall assume regular status in the position held on such effective date without qualifying examina- tion, and shall thereafter be subject in all respects to the provisions of this ordinance and the personnel rules. Any other persons holding positions shall be regarded as probationary employees who are serving out the balance of their probationary periods as prescribed in the personnel rules before obtain- ing regular status. Ordinance No. 90 Page 4 S~C. 6. Improper Political Activity: The political activities of City ployees shall conform to pertinent provisions of state law. S~C. 7. Severability: If any provisions of this ordinance, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of the ordinance, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. S~C. 8. Ordinance 44-75: That Ordinance 44-75 of the Poway Municipal Water District, which was adopted by reference by the Poway City Council is hereby repealed. Introduced and first read at a regular mc~cting of the City Council of the City of Poway held the 29th day of March, 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of April, 1983, by the following roll call vote: ODUNCI~ERS: E~Y, KRUSE, SHEPARDSON, TARZY, ORAV~C COUNCII/V~9~BERS: NCNE COUNCT~A~4BERS: NONE Linda Oravec, Mayor Marjorie ~. Wahlsten, City Clerk