Ordinance 10-09ORDINANCE NO. 2010-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADDING CHAPTER 2.60 OF TITLE 2 OF THE CITY OF
EASTVALE MUNICIPAL CODE RELATING TO THE PERSONNEL SYSTEM
THE CITY COUNCIL OF THE CITY OF EASTV ALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 2.60-Personnel System, as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby added to Title 2 of the City ofEastvale
Municipal Code.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
SECTION 3. The provisions of this ordinance are intended to and do supersede any provisions
of the ordinance of the County ofRiverside which cover the same matters as in this Ordinance
and which are in effect pursuant to Ordinance No. 2010-1 ofthe City.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the
same to be posted as required by law.
PASSED, APPROVED AND ADOPTED this 8th day of December, 2010.
Adam Rush, Mayor
Approved as to form:
ttorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Judy L. Haughney, INTERIM CITY CLERK OF THE CITY OF EASTV ALE,
DO HEREBY CERTIFY that the foregoing Ordinance Number 2010-09 was duly and regularly
adopted by the City Council of the City of Eastvale at a regular meeting held the gth day of
December, 2010, by the following called vote:
AYES: Council Members Howell, Welch, Bootsma, Mayor Pro Tern
DeGrandpre and Mayor Rush.
NOES: None
ABSENT: None
ABSTAIN: None
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EXHIBIT A
CHAPTER 2.60
PERSONNEL SYSTEM
2.60.010. System Adopted.
In order to establish an equitable and uniform procedure 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.
2.60.020. Definitions.
The terms used to administer the personnel system shall be defined in the personnel policies.
2.60.030 Administration.
The City Manager shall administer the City personnel system and may delegate any of the
powers and duties of such administration 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
2.60.130. The City Manager shall:
(A) Act as the appointing authority for the City in accordance with this Code;
(B) Administer all the provisions of this Chapter and of the personnel policies not specifically
reserved to the Council;
(C) Prepare or cause to be prepared personnel policies and revisions, as needed. The City
Attorney shall approve the legality of such policies and revisions, as needed. The City
Attorney shall approve the legality of such policies and revisions prior to their submission
and implementation;
(D) Recommend to the City Council personnel policy issues involving financial commitments
such as, but not limited to, pay rates and employee benefit programs;
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(E) Prepare, or cause to be prepared, a position classification plan, including class
specifications, and revisions of the plan;(
(F) Prepare, or cause to be prepared, a plan of compensation, and revisions thereof,
covering all classification titles for authorized City Positions. The plan and any revisions
thereof shall become effective upon approval of the Council;
(G) Have the authority to discipline employees in accordance with this Chapter and the
personnel policies;
(H) Provide for the recruitment ad selection of City employees based upon open open or
promotional recruitments and perform any other duty that may be required to administer
the personnel system.
2.60.040 Competitive Service.
The provisions of this Chapter shall apply to all offices, positions, and employment in the service
of the City which offices, positions and employments shall be in the competitive service, except
this Chapter shall not apply to:
(A) Members of the City Council;
(B) Members of the City's appointive boards, commissions and committees
(C) Persons engaged under contract to supply expert, professional, or technical services for
a definite period of time;
(D) Volunteer personnel, who receive no regular compensation from the City;
(E) City Attorney, City Clerk, City Manager, City Treasurer, Assistant City Manager and/or
Assistant to the City Manager;
(F) Department Heads and other management positions so designated by the City Manager;
(G) Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as an extraordinary fire, flood, or earthquake which threatens
life or property;
(H) Employees, other than those listed elsewhere in this Section, who are not regularly
employed in positions. "Regularly employed in positions" means an employee hired for
an indefinite term into a budgeted position, who is regularly scheduled to work no less
than forty (40) hours per week and has successfully completed the probationary period
and been retained as provided in this Chapter and the personnel policies;
(I) Any position primarily funded under a state or federal employment program;
(J) Any new position hereafter created by the City Council, unless declared by the City
Council to be in the competitive service at the time of creation or thereafter.
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Employees not included in the competitive service shall serve at the will of their appointing
authority.
2.60.050 Adoption and Amendment of Policies.
Personnel policies shall be prepared and may be amended from time to time by the City
Manager, subject to review by the City Attorney and approval of the City Council. Any policy
matters involving the commitment of financial resources shall be recommended and must be
approved by the City Council prior to implementation. The policies shall govern the personnel
system, including but not limited to:
(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) Preparation, revision, and administration of a plan of compensation directly correlated
with the position classification plan providing a rate or range of pay for each class;
(C) Open and promotional recruitments to fill regular positions;
(D) The making of temporary and emergency appointments;
(E) Establishment of probationary periods;
(F) Transfer, promotion, demotion, and reinstatement of employees;
(G) Evaluation of the job performance of employees;
(H) Separation of employees from City service;
(I) Content, maintenance, and use of personnel records and forms;
(J) The establishment of appeal procedures.
260.060 Appointments.
(A) Appointments to vacant positions in the competitive service shall be made in accordance
with the personnel policies. Appointments and promotions shall be based on merit and fitness.
Examinations shall be used in and conducted to aid in 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 and other written tests, personal interviews, performance tests,
physical agility tests, evaluation of daily work performance, work samples, or any combination of
these tests. The probation period shall be considered an extension of the examination process.
Physical, medical, and psychological tests may be given as part of any examination.
(B) In any examination, the city Manager or his designee may include, in addition to the
competitive tests, qualifying test or tests and set minimum standards therefore.
(C) The appointing 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.
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260.070 Probationary Period.
All appointments in the competitive service, including promotional appointments, shall be for a
probationary period in accordance with applicable provisions of the personnel policies.
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 policies.
260.080 Status of Present Employees.
Any person holding a position in the competitive service who, on the effective date of this
Chapter, shall have served continuously in such position, or in some other position in the
competitive service for a period equal to the probationary period prescribed in the personnel
policies for his class, shall assume regular status in the competitive service in the position held
on such effective date without a qualifying test, and shall thereafter be subject in all respects to
the provisions of this chapter and the personnel policies.
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 personnel
policies and procedures before obtaining regular status. The probationary period shall be
computed from the date of appointment or employment
All employees as defined under this Section are employed subject to the personnel system
established herein which, in accordance with Government Code Section 53291, supersedes any
other system.
260.090 Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand.
The City Manager or any appointing authority shall have the authority to demote, discharge,
reprimand, reduce in pay, or suspend, without pay, any regular employee in the competitive
service for cause in accordance with procedures included in the personnel policies. New-hire
probationers may be dismissed without cause.
2.60.1 00 Right of Appeal.
The appeal rights of regular employees in the competitive service shall be provided in
accordance with the requirements and the procedures as set forth in the personnel policies.
2.60.110 Layoff and Reemployment.
Layoff and reemployment actions shall follow the process outlined in the personnel policies.
2.60.120 Political Activity.
The political activities of all City employees shall conform to the pertinent provisions of State law
and any local provision adopted pursuant to State law.
2.60.130 Contract for Special Services
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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 aspects of the personnel system.
The City Council may contract with a qualified person or public or private agency for the
performance of all or any of the responsibilities and duties imposed by this Chapter, except the
appointment power may not be contracted.
2.60.140 Appropriation of Funds.
The Council shall appropriate such funds as are necessary to carry out the provisions of this
Chapter.
2.60.150 Abolishment of Position.
Whenever in the judgment of the Council it becomes necessary in the interests of economy or
because the necessity for the position involved no longer exists, the Council may abolish any
position or employment in the competitive service and the City Manager may thereafter
discharge the employee or officer holding such position or employment.
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