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Ord 1593 - REPEALING ORDINANCE 828 AND ADOPTING ORDINANCE NO. 1593 CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE TOWNORDINANCE NO. 1593 AN ORDINANCE OF THE TOWN OF LOS GATOS REPEALING ORDINANCE 328 AND ADOPTING ORDINANCE NO. 1593 CREATING AND ESTABLISHING A CIVIL SERVICE SYSTEM FOR THE TOWN The Town Council of the Town of Los Gatos does ordain as follows: Section 1. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: COMPETITIVE SERVICE shall include all employees of the Town other than temporary, provisional, confidential, and management personnel and elected officials. CONFIDENTIAL EMPLOYEES are those so designated by the Town Manager, based on those employees' responsibilities in personnel, labor relations, legal, and management support areas. DISCIPLINARY ACTION shall mean any action taken solely on the basis of employee misconduct and which results in a loss of pay and /or benefits to the employee. MANAGEMENT EMPLOYEES shall be those designated by the Town Council in the adoption of the Town Management Compensation Plan. PERMANENT EMPLOYEES are those who have successfully completed their pro- bationary period and have been retained with permanent status, as provided in the Town Personnel Rules. PROBATIONARY EMPLOYEES are those who are serving in the probationary period of employment upon original or promotional appointment as defined in the Town Personnel Rules. PROVISIONAL EMPLOYEES are those who are appointed as such as provided in the Town Personnel Rules. TEMPORARY EMPLOYEES are those whose term of service to the Town does not exceed 1,040 hours during any consecutive twelve -month period. Section 2. 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 com- petent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive processes; and to provide a reasonable degree of security for qualified employees, the following civil service is hereby adopted. Section 3. APPLICABILITY OF ORDINANCE 1'he provisions of this ordinance shall apply to members of the competitive service, which includes all employees of the Town except the following: (a) Elective officers and their duly appointed deputies. (b) Members of appointive boards, commissions and committees. (c) Persons engaged under contract. (d) Volunteer personnel who receive no regular compensation from the Town. (e) The Town Manager, department heads; management employees; the Town Attorney; and the Tax and License Collector. (f) Confidential, temporary, and provisional employees. Section 4. PERSONNEL OFFICER - DESIGNATED: DELEGATION OF DUTIES. The Town Manager shall be ex officio Personnel Officer. The Town Manager may delegate any of the powers and duties conferred upon him /her as Personnel Officer under this ordinance to any other officer or employee of the Town, or may recommend to the Town Council that such powers and duties be per- formed under contract. -2- Section 5. POWERS AND DUTIES The Personnel Officer shall have the following powers and duties: (a) To attend all meetings of the Personnel Board and serve as its secretary. (b) To administer all the provisions of this ordinance and of the Personnel Rules not specifically reserved to the Town Council or the Personnel Board. (c) To prepare and recommend to the Town Council revisions and amendments to the Personnel Rules. (d) To prepare or cause to have prepared a Position Classification Plan, including class specifications, and revisions of the Plan. The Plan, and any revision thereof, shall become effective upon approval by the Town Council. (e) To prepare or cause to have prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the Town Council. (f) To publish or post notice of examinations for positions in the competitive service; to receive applications therefore; to conduct and score examinations; and to certify to the appoint - ing power a list of all persons eligible for appointment in the appropriate class in the competitive service. Section 6. PERSONNEL BOARD - ESTABLISHED; COMPOSITION; APPOINTMENT AND REMOVAL OF MEMBERS. There is hereby established a Personnel Board to consist of five members, to be appointed by the Town Council. Members shall be appointed for five -year (5) terms with one member's term expiring September 1 of each year. At the expiration of each of the terms -3- so provided for, a successor shall be appointed by the Town Council. Each member shall serve until his /her successor is appointed and qualified. A majority vote of the Town Council shall be required to appoint a member of the Personnel Board, but the affirmative vote of not less than four - fifths (4/5) of all of the members of the Town Council shall be necessary to remove any member of the Personnel Board from office prior to the expiration of his /her term. Section 7. QUALIFICATIONS OF MEMBERS Members of the Personnel Board shall be residents of the Town. No person shall be appointed to the Board who holds any salaried or nonsalaried public office or employment with the Town. Section 8. FILLING OF VACANCIES Vacancies on the Personnel Board shall be filled by appointment by the Town Council for the unexpired term. Section 9. MEETINGS The Personnel Board shall determine the order of business for - the conduct of its meetings, and shall meet at least annually, or on call of the chairperson or two members of the Board. Three members of the Board shall con- stitute a quorum for the transaction of business. Section 10. FUNCTIONS The functions of the Personnel Board shall be as follows: (a) As provided by this ordinance, to hear appeals submitted by any person in the competitive service relative to any disciplinary action or alleged violation of this ordinance, and to certify its findings and recommendations as provided in this ordinance. (b) In any investigation or hearing conducted by the Board, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the Town and attested by the Town Clerk. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the Town Council in response to a subpoena issued by the Town Council. Each member of the Personnel Board shall have the power to administer oaths to witnesses. (c) Upon its own motion or when requested by the Town Council or Town Manager, the Personnel Board shall hold hearings and make recommendations on any matter of personnel administration. (d) The Personnel Board shall concern itself with any personnel matter brought to its attention by any member of the com- petitive service or referred to it'by the Personnel Officer. If, in the opinion of the Personnel Board, a recommendation is necessary, a report and recommendation may be made to the Town Counc i 1. Section 11. PERSONNEL RULES Personnel Rules prepared by the Personnel Officer, subject to this ordinance and reviewed by the Personnel Board, shall be adopted, and may be amended from time to time by resolution of the Town Council. The rules shall establish specific procedures and regulations governing the following phases of the personnel system: (a) Preparation, installation, revision and maintenance of a Position Classification Plan covering all positions in the -5- competitive service, including employment standards and qualifications for each class. (b) Preparation, revision, and administration of a plan of com- pensation directly correlated with the position Classification Plan, providing a rate or range of pay for each class. (c) Public announcement of all examinations and acceptance of applications for employment. (d) Preparation and conduct of examinations and the establishment and use of resulting employment lists containing names of persons eligible for appointment. (e) Certification and appointment of persons from employment lists and the making of temporary and provisional appointments. (f) Evaluation of employees during the term of their employment. (g) Transfer, promotion, demotion and reinstatement of employees in the competitive service. (h) Separation of employees from the Town service through layoff, suspension and dismissal. (i) Content, maintenance and use of personnel records and forms. Section 12. APPOINTMENTS TO COMPETITIVE SERVICE - GENERAL; EXAMINATIONS Appointments to vacant positions in the competitive service shall be made by the Town Manager and in accordance with the Personnel Rules. Appoint- ments and promotions shall be based on merit and fitness, to be ascertained as far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and may consist of such recognized selection techniques as assessment centers, achievement and aptitude tests, and other written tests, personal interviews, performance tests, evaluation of daily work performance, work sampler, or any combination -6- of these, which will, in the opinion of the Personnel Officer, fairly evaluate the qualifications of candidates. Physical and medical examinations may be given as a part of any selection process. In any examination, the Personnel Officer may include, in addition to competitive tests, a qualifying test, and set minimum standards therefor. When appointment is made to a vacancy in the competitive service, the Personnel Officer shall transmit to the Town Manager the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list. In the absence of appropriate employment lists, a provisional appointment may be made by the Town Manager of a person meeting the minimum training and experience qualifications for - the position. An eligibility list shall be established within six months for any permanent position filled by provisional appointment. No special credit shall be allowed in meeting any qualification, or in the giving of any test, or the establishment of any employment or promo- tional 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 power, subject to the provisions of this ordinance and the Personnel Rules. Section 13. CRIMINAL CONDUCT Criminal histories may be considered in determining whether prospec- tive employees are likely to perform suitably in Town employment. A history of violent acts or crime involving moral turpitude may disqualify an applicant for Town employment or an employee from continuing employment. However, in each instance, the Town Manager shall consider: -7- (a) Whether the nature of the offense or offenses is such as to indicate that the prospective employee would not perform his /her job properly; or would reflect discredit on the Town; (b) Mitigating facts; (c) The passage of time since the misconduct; and (d) Any other evidence of rehabilitation. Section 14. CRIMINAL RECORD The Personnel Officer, Town Attorney, and Chief of Police are authorized to obtain criminal records for use by the Town Manager in making preemployment and termination decisions. Section 15. APPOINTMENTS TO COMPETITIVE SERVICE: PROBATIONARY PERIOD All regular appointments to the competitive service, including promotional appointments, shall be for a probationary period of not less than one year, except that, as to any class or position, the rules may provide for an extension of the period 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 nearing. An employee rejected during the probationary period from a position to which he /she has been promoted shall be reinstated to the position from which he/she was promoted, unless he /she is dismissed from the Town service as provided in this ordinance and the Personnel Rules. An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he /she was promoted or transferred if action is taken to reject or dismiss him /her, unless he /she is discharged in the manner provided in this ordinance and the Personnel Rules for positions in the competitive service. 10 Section lei. APPOINTMENTS TO THE COMPETITIVE SERVICE: POWER OF APPOINTMENT The Town Manager, and any officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, layoffs, and to suspend or dismiss employes, shall retain such power, subject to the provisions of this ordinance and the Personnel Rules. Section 17. DISCRIMINATION PROHIBITED No person in competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against, because of political opinions or affiliations, or because of race, color, ancestry, sex, marital status, national origin, age, physical handicap or religious belief. Section 10. POLITICAL ACTIVITY OF EMPLOYEES The political activities of Town employees shall conform to pertinent provisions of State law. Section 19. ABOLITION OF POSITIONS Whenever in the judgment of the Town Council it becomes necessary in the interest of economy, or because the necessity for the position or employ- ment involved no longer exists, the Town Council may abolish any position or employment in the competitive service. Any resulting layoff, demotion, or transfer of an employee holding such position or employment shall not be subject to the right of appeal. Subject to any layoff provisions contained in individual Memoranda of Understanding, seniority shall be observed in effecting such reduction in personnel, and the order of layoff shall be in the reverse order of total cumulative time served in the Town service upon the effective date of the layoff. Layoff shall be made within classes of positions, and all provisional &011 employees in the affected class or classes shall be laid off prior to the lay- off of any probationary or permanent employee. For the purpose of determining order of layoff, 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 reemployment lists for classes which, in the opinion of the Personnel Officer, require basically the same responsibilities as those of the class of positions from which layoff was made. Names of persons laid off shall be placed upon reemployment lists in order of their competency, and shall remain on such lists for a period of two years unless reemployed sooner. For reemployment purposes, competency of a person laid off shall be determined by the Town Manager upon recommendation of the head of the department in which such person worked. Section 20. SUSPENSIONS Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the Town Manager, but such suspensions shall not exceed a total of thirty (30) calendar days in any consecutive twelve (12) month period. Section 21. DISCIPLINARY ACTION NOTICE Any permanent employee in the competitive service who is to receive disciplinary action shall be provided a written statement of the reasons for the proposed action. The employee shall have no less than three working days within which to respond to the charges. The response may be verbal or in writing. That response shall be considered by the representative of the Town making the final administrative determination in the disciplinary matter. -10- Section 22. APPEALS TO PERSONNEL BOARD; HEARINGS Any employee in the competitive service shall have the right to appeal to the Personnel Board relative to any disciplinary action or alleged violations of this ordinance, except in instances where the right of appeal is prohibited by this ordinance. Thereupon, the Personnel Board shall make such investigation as it may deem necessary and, within twenty (20) days after the request for hearing was filed, the Board shall hold a hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Within ten (10) days after concluding the hearing, the Personnel Board shall certify its findings and recommendations to the Town Council, to any other official. from whose action the appeal was taken, and to the employee affected. The Town Council shall review the findings and recommendations of the Personnel Board and may then affirm, revoke or modify the action taken, as in its judgment seems warranted, and the action taken shall be final. Section 23. LEVEL I POLICE RESERVE OFFICERS - POWERS AND DUTIES Pursuant to the provisions of California Penal Code Section 832.6, as amended effective January 1, 1981, those members of the Los Gatos police reserve who have been issued a Level I reserve officer certificate before January 1, 1981, shall have the full powers and duties of a peace officer as provided by California Penal Code Section 830.1. Section 24. CONTRACTING FOR SPECIAL SERVICES The Town Manager shall consider and make recommendations to the Town Council regarding the extent to which the Town should contract for the perfor- mance of technical services in connection with the establishment or operation of the personnel system. The Town may contract with any qualified person or agency for the performance of any of the following responsibilities and duties imposed by this chapter: (a) The preparation of Personnel Rules and subsequent revision and amendments thereto. (b) The preparation of a position classification plan, and sub- sequent revisions and amendments thereto. (c) The preparation of a plan of compensation, and subsequent revisions and amendments thereto. (d) The preparation, conduct and grading of competitive tests. (e) The special and technical services of advisory or informational character on matters relating to personnel administration. Section 25. APPROPRIATION OF FUNDS The Town Council shall appropriate such funds as are necessary to carry out the provisions of this ordinance. Section 26. DISABILITY INSURANCE TO BE PROVIDED BY TOWN The Town shall provide group long -term disability insurance to each member of the Town Retirement Plan. The cost of such insurance shall be paid by the Town and shall provide for the continued payment of a portion of the member's monthly earnings during periods of disability by reason of illness or accident. Such disability insurance benefits shall be in addition to those provided by the Town Retirement Plan and Trust. This Section is not applicable to employees covered by the Public Employees' Retirement System (PERS). Section 27. REPEAL OF ORDINANCE 838 Ordinance Number 838 is hereby repealed. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk should cause it to be published once in a newspaper of general circulation published and circulated in the Town. -72- This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 6th, 1983 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on September 19th, 1983 AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: AAYOR TI -E W 0 LO ATOS ATTEST: 1 OF -13-