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A. 
The provisions of the city charter, this code, memoranda of understanding and the personnel rules and regulations govern the civil service. In the event of any inconsistency, the city charter and this code shall prevail. Pursuant to Article IX of the city charter, the following personnel system is hereby adopted.
B. 
No person shall have any authority, either directly or indirectly, to modify any provision of this chapter, or to take any action in conflict with the requirements and provisions set forth herein. Amendments and modifications to this chapter shall be effective only upon formal adoption of an ordinance by the city council in accordance with applicable law.
(Ord. 1545)
A. 
Personnel Officer. The city manager shall be the ex-officio personnel officer. With the approval of the city council, the city manager may delegate any of the personnel officer powers and duties to any other officer or employee of the city. The city manager shall:
1. 
Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the city council;
2. 
Prepare and submit to the city council revisions and amendments to the personnel rules and regulations;
3. 
Prepare a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council;
4. 
Prepare 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 city council.
B. 
Appointment of City Clerk. The city manager is the appointing authority for the position of city clerk. The compensation of the city clerk shall be designated in the city council resolution establishing salary rates for management and non-represented employees.
(Ord. 1645; Ord. 1545)
A. 
Except as otherwise specifically provided in the city charter, all employees of the city are at-will employees who may be terminated at any time without prior notice or cause and without right of hearing or appeal.
B. 
At-will positions include, but are not limited to, the following:
1. 
All positions listed in Section 901 of the city charter, and persons serving in those positions.
2. 
Newly hired full-time employees serving their initial probationary period or any extension of such initial probationary period; and full-time employees serving a promotional probationary period or any extension of a promotional probationary period.
3. 
Employees serving in a provisional appointment, non-benefited employees and contract employees.
4. 
Any position and/or person designated as at-will by city ordinance or personnel rules and regulations.
C. 
As used in the city charter and herein, the term "department heads" includes chief of police, director of public works/city engineer, director of development services, director of administrative services/finances, assistant city manager, and marine safety/lifeguard chief, and as such titles may be amended or modified from time to time; and any newly created position, and person serving in such position, designated as a department head by ordinance or resolution.
D. 
All at-will positions, and persons serving in at-will positions as set forth in this section, are exempt from the civil service system of the city.
(Ord. 1545)
A. 
Employment Agreement. Except as indicated in this chapter, the provisions of Article VI of the city charter, and the employment agreement between the city and the city manager, govern the position of city manager. No provision of any employment agreement may modify any provision of the city charter or municipal code governing the city manager. In the event of any inconsistency between the city charter, the municipal code and an employment agreement, the city charter and this code shall prevail.
B. 
Removal of City Manager. The city council shall furnish the city manager with written notice stating its intention to remove such official from city employment and any reasons for its intended action at least 30 days before the effective date of the removal. The city council action to remove shall be final. Nothing in this chapter is intended to modify the city manager's status as an at-will employee serving at the pleasure of the city council.
(Ord. 1545)
The city manager, or such other person designated by the city charter or ordinance to appoint persons to positions of employment, is the appointing authority for the city. The term "appointing authority" may be used interchangeably with "appointing power."
(Ord. 1545)
A. 
The city council shall adopt personnel rules and regulations to govern all employees in the civil service. Such rules may be amended from time to time. The rules shall be consistent with the city charter, and shall establish, at a minimum, specific procedures and regulations governing the following phases of the civil service system:
1. 
Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the classified service, including employment standards and qualifications for each class;
2. 
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;
3. 
Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
4. 
Certification and appointment of persons from eligibility lists;
5. 
Temporary and emergency appointments;
6. 
Evaluation of employees;
7. 
Transfer, promotion, demotion, and reinstatement of employees;
8. 
Separation of employees through layoff, suspension, and dismissal;
9. 
Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;
10. 
Suitable provision for orderly and equitable presentations to the city manager by employees relating to general conditions of employment;
11. 
Content, maintenance, and use of personnel records and forms.
B. 
The city manager may adopt any other policies and procedures not inconsistent with the city charter, this code or the personnel rules and regulations, as he or she deems necessary to administer the civil service system.
(Ord. 1545)
A. 
The city council, through consultation with the city manager and city attorney, may adopt and/or enact personnel rules and regulations and/or other regulations by resolution to govern the employment, discipline, termination, salaries, and benefits, of positions and persons exempt from the civil service system and all other persons holding at-will positions with the city.
B. 
The city manager may adopt policies and procedures for at-will positions subject to his or her power of appointment, where such policies and procedures are not inconsistent with the city charter, this code, or any personnel rules and regulations adopted by the city council.
(Ord. 1545)
A. 
The personnel rules and regulations may authorize the personnel officer and any arbitrator or other hearing officer to have the power to examine witnesses under oath and compel their attendance or production of documents by subpoenas issued in the name of the city and attested by the city clerk.
B. 
The chief of police shall serve subpoenas authorized pursuant to this section and the personnel rules and regulations. Any person who refuses to attend or testify in accordance with such subpoena may be prosecuted.
(Ord. 1545)
A. 
No officer, agent, clerk, or employee, under the government of the city, and no candidate for any city office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription, 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 of this chapter.
B. 
No officer or employee in the competitive service, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription or contribution, whether voluntary or involuntary, for any purpose affecting his or her working conditions, from any person other than an officer or employee in the competitive service.
(Ord. 1545)