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O2241FULL TEXT OF CURRENT CIVIL SERVICES RULES F:\atty\m u ni\laws\mj m\civilservicefu I Itext. doc City Council Meeting 10/9/07 ORDINANCE NUMBER Santa Monica, California 2241 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2.04 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CIVIL SERVICE RULES AND REGULATIONS WHEREAS, the City of Santa Monica's civil service system was established to protect the public welfare by averting undue political influence upon staff; and WHEREAS, over half a century has passed since the civil service system was established; and WHEREAS, the City can best serve the community by maintaining a civil service system which reflects best, current human resources practices; and WHEREAS, many civil service provisions in the Municipal Code are antiquated because they duplicate former City Charter provisions which have been amended by the voters; and WHEREAS, other civil service provisions have been rendered unnecessary or obsolete by changes in federal or state law or by changes in City staff positions and union contracts; and 1 WHEREAS, accordingly, certain civil service provisions of the Municipal Code should be updated to conform to current law and practice; and WHEREAS, the amendments contained in this Ordinance are not intended to, and do not, alter terms and conditions of City employment; instead, these amendments are either nonsubstantive updates or changes necessitated by state of federal law, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.04 of the Santa Monica Municipal Code is hereby amended as follows: CHAPTER 2.04 MANUAL OF CIVIL SERVICE RULES AND REGULATIONS FOREWORD City of Santa Monica, California 1. Purpose of Manual. This manual of rules contains the Civil Service Regulations for the City of Santa Monica. 2. Administrative Responsibility. The Human Resources Director, under the general direction of the City Manager, shall be responsible for the administrative operation of City's civil service system. He or she shall 2 confer with the Personnel Board concerning all matters for which the board is responsible and shall serve as technical advisor to the board. He or she shall also confer with the City Manager regarding special problems relating to the administrative policies or procedures of civil service administration, and the decision of the City Manager shall be final. All department, division, and other agency heads shall follow the civil service procedures outlined herein with respect to the appointment, transfer, promotion, separation, discipline, or other action affecting any employee. The principles and spirit of the merit system shall be observed by all administrative officials at all times in order that the best qualified personnel will be available to render service of maximum efficiency to the City. Copies of this manual shall be available to City employees. 3. These rules and regulations have been adopted as a part of the Santa Monica Municipal Code, being Sections 2.04.010 to 2.04.570, inclusive. They will be reprinted in a separate booklet for the convenience of City officers and employees. The policies incorporated in this manual are designed to assure the selection and retention of well qualified employees, who because of their qualifications, training, and 3 industry will be able to perform the services rendered by the City to the public in an effective and businesslike manner. Accordingly, it is the purpose of this manual to provide for selection of employees on the basis of merit; the payment of equitable rates of pay; prompt attention to grievances; the provision for employee training programs; and the establishment of promotional advancement for qualified employees. TABLE OF CONTENTS section Personnel Board -Rules of Order and Procedure re: Attendance by Board Members 2.04.010 Department heads/Appointing Authority 2.04.020 Classification plan. 2.04.030 Maintenance of Classification Plan. 2.04.040 Pay plan. 2.04.050 Examination announcements. 2.04.060 Application for examinations. 2.04.070 Competitive examinations. 2.04.080 Applicants' legal status. 2.04.090 Eligible lists -Ranking -Veterans' preference. 2.04.100 4 Eligible lists -Ranking -Notification -Duration. 2.04.110. Eligible lists -Removal from. 2.04.120 Eligible lists -Placement on inactive list. 2.04.130 Appointments from eligible lists. 2.04.140 Appointments from eligible lists -Probationary period. 2.04.150 Appointments from eligible lists - Fingerprinting- Conviction record. 2.04.160 Appointments from eligible lists -Probationary period-Removal-Reinstatement to eligible. list. 2.04.170 Temporary appointments. 2.04.180 Temporary appointments -Requirements upon subsequent appointment from eligible list. 2.04.190 Temporary appointments -Emergency appointments. 2.04.200 Limited appointments. 2.04.210 Re-employment lists. 2.04.220 Transfer lists. 2.04.230 Promotional lists. 2.04.240 Open competitive lists. 2.04.250 5 Re-appointments. 2.04.260 As needed. 2.04.270 Performance Evaluations. 2.04.280 Medical/Psychological examination. 2.04.290 Personnel records. 2.04.300 Vacation leave. 2.04.310 Sick leave. 2.04.320 Absence without leave. Automatic Resignation. 2.04.330 Leave of absence without pay. 2.04.340 Military leave. 2.04.350 Notice of Resignation. 2.04.360 Terminations Without Right to Appeal. 2.04.370 Layoffs -Placement on re-employment list. 2:04. 380 Layoffs -Procedure -Bumping. 2.04.390 Separations. 2.04.400 Nature of disciplinary action. 2.04.410 Causes of removal, suspension, or demotion. 2.04.420 Grievances other than removals, suspensions, or demotions. 2.04.430 6 Appeals of suspensions, demotions and terminations. 2.04.440 Request for hearing. 2.04.450 Request for discovery statement, writings. 2.04.460 Appearance at hearings. 2.04.470 Representation. 2.04.480 Conduct of hearing. 2.04.490 Findings, Conclusions and Reco mmendations. 2.04.500 Use of a hearing officer in employee disciplinary hearings. 2.04.510 Break in service. 2.04.520 Outside activities. 2.04.530 Memorandum of Understanding. 2.04.540 Legal Advisor to the Personnel Board. 2.04.550 Definition of Personnel Transactions 2.04.560 Section 2.04.010. Personnel Board -Rules of Order and Procedure re: Attendance by Board Members 7 In order to meet the operational needs of the City and to provide employees with prompt resolution of disciplinary appeals to the Personnel Board, the Personnel Board shall hold a regularly scheduled meeting each month and expeditiously schedule disciplinary appeal hearings. Any Personnel Board member missing three (3) regularly scheduled meetings and/or hearings within a six (6) month period, regardless of notification of absence, shall receive a letter from the Chairperson asking if he or she wishes to continue as a Board member, a copy of the letter to be sent to the Mayor of the City of Santa Monica. The Personnel Board member shall, within fourteen (14) days, send a written response to the Secretary of the Personnel Board, indicating whether or not he/she wishes to continue serving as a Board member. Unless the Board member affirms that he/she wishes to continue serving as a Board member and will be able to attend on a regular basis, he/she will be considered to have tendered a resignation from the Personnel Board, effective upon appointment of a replacement by the City Council. If a Board member affirms that he/she wishes to continue serving as a Board member and will be able to attend on a regular basis but then misses two (2) scheduled meetings and/or hearings within a four (4) 8 month period, he/she will be considered to have tendered a resignation from the Personnel Board, effective upon appointment of a replacement by the City Council. Section 2.04.020. Department heads/Appointing Authority The Department Head is the Appointing Authority for his or her department, with the power to hire, promote, terminate and discipline employees of that department. Each Department Head is responsible for effective supervision of employees and maintenance of appropriate working relationships. Each Department Head is required to ensure that the performance of each employee in his or her department is evaluated at least annually and is required to notify the Human Resources Department of changes in the assignment of duties to employees. A Department Head may adopt and administer departmental personnel regulations which are supplementary to, and not inconsistent with, applicable law, Administrative Instructions, and other policy directives issues by the City Manager. Section 2.04.030. Classification plan. The classification plan is: 9 (a) A grouping into a single class, with a common class title, of all those positions that are essentially similar with respect to the nature of the work performed, difficulty and responsibility. (b) A list showing the class titles of all positions in the City Service, organized by appropriate class. (c) Written classification specifications containing a descriptive title for each class of position, a description of the nature of the work included in the class, and a statement of the qualifications required to perform the essential functions of the position(s). Class definitions do not restrict the assignment of duties to an employee in any way. However, assignment of a substantial volume of higher grade or lower grade duties to an employee over a period of time may result in raising the question of a reclassification of the employee's position. 2.04.040 Maintenance of Classification Plan. The Human Resources Director may classify or reclassify positions at any time. (a) New Job Classifications. 10 As new positions are created, the Human Resources Director, with the approval of the City Manager, shall classify the positions on the basis of the duties and responsibilities of each position within the existing classification plan. When a newjob classification is warranted, the Human Resources Director shall, with the City Manager's approval, submit his/her recommendation to the Personnel Board for a public hearing and approval. (b) Revision of an Existing Classification Specification. If substantive change(s) to the duties and responsibilities and/or qualifications established in an existing, non-entry level, classification specification are required in order to meet the operational needs of the City, the Director of Human Resources, or his/her designee, shall meet and confer with representatives of the bargaining unit that represents employee(s) holding a position covered by that classification specification. Once the meet and confer process has been concluded, the revised classification specification shall, with the approval of the City Manager, be submitted to the Personnel Board for its review and approval. Changes to the classification specification will have no impact on the employment status of an employee 11 who holds a position covered by the classification specification even if he/she does not meet the revised qualifications for the position. If substantive change(s) to the duties and responsibilities and/or qualifications established for an existing entry-level classification specification are required in order to meet the operational needs of the City, the Director of Human Resources, or his/her designee, shall inform the representatives of the bargaining unit that represents employee(s) holding a position covered by that classification specification at least one (1) calendar week prior to presenting the revised classification specification to the Personnel Board for its review and approval. Changes to the classification specification will have no impact on the employment status of an employee who holds a position covered by the classification specification even if he/she does not meet the revised qualifications for the position. Section 2.04.050. Pay plan. The pay plan establishes rates of pay based upon classifications and their relationships to similar jobs in the public and private sector as well as employment within the City Service itself. 12 The pay plan is set forth in the salary schedule approved by the City Council, and provides the minimum and maximum salary step(s) in a salary range or flat rate of pay for each class. of positions.(a) New appointments shall be made at the minimum salary step of the salary range or flat rate of pay. In exceptional cases, the City Manager may approve an appointment at a salary higher than the minimum salary step, but in no case above the maximum salary step established for that job classification. Salary adjustments attendant upon promotion, reclassification, salary step and merit increases are governed by the Memoranda of Understanding provisions for each bargaining unit. (b) In the event of re-employment subsequent to resignation, an employee's salary will be determined in the same manner as for new appointments unless a higher salary is approved by the City Manager. (c) In the event of re-employment subsequent to layoff, the employee's salary will be set at the same salary step the employee held at the time of layoff Section 2.04.060. Examination announcements. Announcement of examinations for positions shall be made by posting public notices and by methods designed to 13 obtain appropriate publicity. Examinations shall be publicized as deemed necessary by the Human Resources Director. Examination announcements shall be made at least ten (10) calendar days before the last date for filing applications. Announcements shall set forth the duties and responsibilities of the position, the minimum qualifications required for the position, the scope of the examination, the salary range or flat salary step established for the position, and any other information deemed pertinent by the Human Resources Director. Section 2.04.070. Application for examinations. All applicants must complete a City employment application. The Human Resources Director, or his/her designee, shall notify in writing those applicants who do not qualify for the examination. Qualifying applicants will be notified in writing of the time and place of examination. Applicants may be rejected for any of the following reasons: (a) Failure of the applicant to meet minimum qualifications of the position. (b) False or misleading statements or omissions by the applicant on his or her application with regard to any material facts. 14 (c) Any fraudulent practice by the applicant in connection with any phase of the recruitment and selection procedure. (d) Physical or psychological unfitness of the applicant with respect to the requirements of the position applied for, consistent with applicable law. (e) Prior separation of the applicant from City service. (f) Unsatisfactory police record of the applicant. Conviction of a felony or of a misdemeanor if the misdemeanor has a nexus to the job for which the applicant has applied, unless the application is approved by the Personnel Board. Applicants for the police department who have arrests other than those arrests from which they were fully exonerated by the arresting authority, or by a competent court of law, or for minor violation, shall be disqualified. A designated member or members of the Personnel Board shall review the conviction records of all applicants and may either approve or not approve. The Board member may approve the application if it shows satisfactory evidence that the applicant's conduct over a considerable period of time since the offense has been beyond reproach. The 15 reviewing Board member(s) or the Human Resources Director will report the conviction record approvals and disapprovals back to the full Personnel Board in closed session at its next regularly scheduled meeting. The Human Resources Director may allow an applicant to take an examination prior to Personnel Board review when it is in the best interests of the City to do so. (g) Reasons, other than the foregoing, which would indicate unfitness of the applicant for the position, upon determination of Human Resources Director approved by the Personnel Board. (h) When there is a need to limit the number of candidates based on an operational constraint of the Human Resources Department or City, only those candidates most qualified for the position, as determined by the Human Resources Director orhis/her designee, will be invited to take the examination. Section 2.04.080. Competitive examinations. Appointments or promotions to permanent positions in the Classified Service shall be determined by competitive examination. Any exceptions must be authorized by the Personnel Board, upon recommendation of the Director of 16 Human Resources and the Department Head who is the Appointing Authority for the permanent position. Competitive examinations will include the consideration and rating of any or all of the following factors: education, experience, knowledge, skill, special aptitude, general adaptability, physical or psychological fitness as provided by applicable law, and such other qualifications as are considered necessary by the Human Resources Director for satisfactory performance. Examinations shall be administered fairly to all invited applicants who participate in the examination. The identity of applicants shall be protected when scoring written examinations. Promotional examinations shall be limited to non-probationary employees with permanent Civil Service status who have the required experience and meet the qualifications for the position. Applicants may be tested together or separately. Examinations may consist of written tests, performance tests, evaluation of qualifications, or oral tests, or any combination of these. Credit shall be allowed for seniority as set forth in an Administrative Instruction. Section 2.04.090. Applicants' legal status. 17 Applicants for employment must be legally eligible to perform work in the United States in accordance with applicable law. Section 2.04.100. Eligible lists-Ranking- Veterans' preference. Veterans' preference will be given in accordance with applicable law. Section 2.04.110. Eligible lists-Ranking- Notification-Duration. All applicants shall be notified of their test results and whether they have been placed on the eligible list. Any applicant may request that the Human Resources Department review his or her test papers by a written request made within fifteen (15) calendar days after written notification of test results by the Human Resources Department. The Human Resources Director, or his/her designee, will arrange a reasonable time and date for a review. Open competitive eligible lists shall remain in effect for one year, and promotional eligible lists for two years, unless exhausted earlier. An open competitive eligible list 18 may be extended for an additional year by the Human Resources Director and the Department Head, if applicable. An eligible list of fewer than three (3) names on the list shall be exhausted if the Department Head declines to select from that list. The Human Resources Director may declare the list exhausted based on the unique circumstances and operational needs of the hiring department. The Human Resources Director may consolidate eligible lists for the same class of positions provided that an eligible is removed from the consolidated list when he or she has been on the list for one (1) year. Eligible lists for the same class of positions may be consolidated by the Human Resources Director by placing eligibles from an old list on a new list in accordance with relative ranking of the eligibles. Section 2.04.120. Eligible lists-Removal from. The name of any eligible may be removed from an eligible list for any of the following reasons: (a) Written request by eligible. (b) Inability to locate the eligible within a calendar week's time, by mail or other ordinary communication. 19 (c) Three refusals to accept an offer of employment. (d) Certification of an eligible (other than a re- employment list eligible) three times without a resulting appointment. (e) Establishment of any of the reasons for rejection of an application as set forth in Section 2.04.070 of these rules. Section 2.04.130. Eligible lists-Placement on inactive list. Subject to the approval of the Human Resources Department, an eligible may request in writing that his or her name be withdrawn temporarily from the eligible list and placed upon an inactive list. Upon written request of the eligible, his or her name will be reinstated to the eligible list for the duration of that list, if the list is still active. Section 2.04.140. Appointments from eligible lists. All appointments to classified civil service position must be made from one of the lists of eligible applicants described in Section 1108 of the City Charter 20 An examination shall be held as soon as feasible to establish an eligibility list when there is no re-employment list, transfer list, promotional list, or open competitive eligible list available with which to fill a vacant position. Eligibility lists shall be used by the Human Resources Director to fill vacant positions in the following order: (a) Re-employment list. (b) Transfer list. (c) Promotional list. (d) Open competitive list. The names of the three (3) highest ranking eligibles shall be certified to the Department Head for the selection from a transfer list or a promotional list. The names of the eligibles in the top three (3) bands shall be certified to the Department Head from an open competitive list. Only the highest ranking name shall be certified from a re- employment list. Section 2.04.150. Appointments from eligible lists-Probationary period. 21 Any appointment made from an eligible list shall be subject to a probationary period of twelve (12) months, unless a Memorandum of Understanding provides for an extension of the probationary period beyond that time. If a probationary employee is absent from the workplace for thirty (30) or more calendar days, his or her probationary period shall be automatically extended by the number of calendar days the appointee has been absent. The absences need not be consecutive. No appointee shall acquire permanent civil service status until he or she successfully completes a probationary period. Section 2.04.160. Appointments from eligible lists-Fingerprinting-Conviction record. Fingerprints shall be taken of all new employees, and conviction records will be obtained from state and/or federal authorities. Any employee who fails to give his or her complete conviction record at the time of application may be separated from employment. If the employee believes that the conviction record supplied by the state or federal authorities is inaccurate, or the omission was inadvertent and involved a misdemeanor with no nexus to the job held 22 by the employee, he or she shall have thirty (30) calendar days to present written documentation to the Human Resources Department proving that the official conviction record is in error and that the convictions listed by the employee on his or her employment application are correct, or that the omission was inadvertent and involved a misdemeanor with no nexus to the job, or that the conviction(s) have been expunged or sealed. During this 30- day period, the employee will be placed on unpaid status. No employee hired for a position in a park, playground, recreational center or beach, where the position has supervisory or disciplinary authority over minors, may begin work before his or her conviction record, and/or record of arrests pending adjudication, has been screened pursuant to requirements of state law. Section 2.04.170. Appointments from eligible lists-Probationary period-Removal-Reinstatement to eligible list. An employee on probation has an at-will employment status, with no right to become a permanent employee. The Department Head may recommend separation from employment at any time during an employee's probationary 23 period if he/she believes it is in the best interests of the City. The Department Head need not have "good cause" for termination, as that phrase is defined by applicable law, in order to release an employee on probation. If the Department Head believes an employee should be released on probation, he/she must inform the Human Resources Director, or his/her designee, who will make a recommendation regarding probationary separation to the City Manager, whose decision shall be final. The City Manager's decision to separate an employee on probation must be made in advance of the end of the probationary period. The probationary employee need only be informed that he or she did not pass probation. No other reason for separation need be given to the probationary employee. An individual appointed from any of the City's eligible lists, with the exception of a re-employment list, must serve a probationary period. This includes appointments from transfer, promotional and open competitive eligible lists. A promoted or transferred employee who is separated on probation has return rights to his/her former position if that position is vacant. The Human Resources Director, upon approval of the City Manager, may reinstate an employee who was released 24 on probation to the eligible list for the duration of the list if, in the opinion of the Human Resources Director, such employee might successfully complete a probationary period in a different department. Section 2.04.180. Temporary appointments. When an eligible list for a particular classification is not available, or to otherwise meet the needs of public business, the appointing authority may make a temporary appointment for a period not to exceed one hundred eighty (180) calendar days pursuant to Charter Section 1108, subject to the approval of the Human Resources Director and the City Manager and in accordance with rules adopted by the Personnel Board. Section 2.04.190. Temporary appointments- Requirements upon subsequent appointment from eligible list. Temporary appointees who later are appointed from an eligible list shall serve a probationary period dating from the date of appointment from the eligible list. Time served on a temporary basis shall be credited in calculating sick and vacation leave accrual and granting periodic pay increases. 25 Section 2.04.200. Temporary appointments- Emergency appointments. Temporary appointees shall be selected from applicants for the position who have applications on file in the Human Resources Department, and who meet the minimum qualifications required for the position. In the event of a local, state or national emergency, the City Manager may authorize the appointing authority to make an emergency appointment. Such appointments shall not exceed sixty (60) calendar days, subject to renewal by the City Manager orhis/her designee. The appointing authority shall immediately report the emergency appointment to the Human Resources Director. The emergency appointee must file an employment application with the Human Resources Department within ten (10) calendar days of the date of his or her emergency appointment in order to receive compensation for his or her work for the City. Section 2.04.210. Limited appointments. Appointments made from an eligible list to a position with an anticipated duration of six (6) months or less shall be classified as limited appointments. Such appointments may 26 be renewed by the City Manager upon determination that the position is required for a longer period of time. If a limited appointment is later changed to a regular appointment without time limitation, provisions of these rules with respect to appointments from an eligible list shall apply, with opportunity given to the highest eligibles. The probationary period shall date from the time of original appointment from an eligible list regardless of whether such appointment was for a limited or an unlimited time. Section 2.04.220. Re-employment lists. Employees who are separated in reductions in force shall be placed on a re-employment list in accordance with Section 2.04.380. Re-employment shall be in the reverse order to layoff. The name of any person on a re-employment list shall be removed one year from the date the name was placed on the re-employment list. Section 2.04.230. Transfer lists. Any employee who wishes to transfer to another department may file a written request with the Human Resources Director. The employee's name shall be placed upon a transfer list for consideration in filling future vacancies. Qualified employees shall be certified in the order 27 of seniority, on the basis of three names for each vacancy. The appointing authority, upon review of a transfer list, may elect not to interview the employees who have been certified. If the appointing authority elects not to use the transfer list for appointment, an appropriate promotional or open competitive list shall be certified in lieu of the transfer list. Transfers cannot be made to a position with a higher maximum rate of pay. Section 2.04.240. Promotional lists. a) Existing Promotional List A promotional eligible list shall be used before an open competitive list to fill a vacancy. However, if there are fewer than three (3) eligibles on the promotional list, the appointing authority may request that an open, competitive list be established unless the appointing authority requests use of a promotional eligible list with fewer than three (3) names. b) No Promotional List When no promotional list is available to fill a vacancy, an examination shall be held to establish a promotional list, unless the appointing authority believes it impractical, or not 28 in the best interest of the City, and requests an open competitive examination to fill the position. The appointing authority's reasons for requesting a waiver of a promotional examination must be submitted to and approved by the Personnel Board. Section 2.04.250. Open competitive lists. The appointing authority shall use an open competitive list to fill a vacancy when it cannot be filled by using a re-employment or promotional list. Section 2.04.260. Re-appointments. An employee who resigns may be re-appointed to his or her former position, if vacant, upon recommendation of the appointing authority, the approval of the Human Resources Director and, if required for the job classification, a favorable medical report from the City physician, medical or psychological examiner. No former employee shall be re- appointed unless he or she submits a written request for re- appointment to the appointing authority within one (1) year of the date of his or her resignation. No one shall be re- appointed if there is a re-employment or promotional list in effect for the position for which reappointment is sought. 29 Section 2.04.270. As needed employment. The City may hire employees as they are needed: 1) to meet the operational demands of a department that has not budgeted sufficient line-item positions; or 2) to fill a vacant line-item position pending a recruitment. An examination to determine whether or not an applicant has the necessary skills and abilities to satisfactorily perform the position shall be used for all as- needed appointments. The examination shall be scored on a "pass-fail" basis. An appointing authority may hire any applicant who has passed the qualification examination for the position. As-needed employees do not possess civil service protections set forth in this manual; their employment status is at-will. As-needed employees have no entitlement to vacation, sick, or other paid leave, and no entitlement to health or other fringe benefits provided by the City to its permanent employees unless a benefit is required by state or federal law. Section 2.04.280. Performance Evaluations. Performance evaluations shall be completed at least annually for all permanent employees in the Classified 30 Service and quarterly for all employees serving probationary period. The evaluation form shall be revised periodically by the Human Resources Director. The department shall review each performance evaluation with the employee before the evaluation is forwarded to the Human Resources Department for inclusion in the employee's personnel file. Section 2.04.290. Medical/Psychological examination. Depending upon the job classification, an appointment to the City Service may be subject to a medical and/or psychological examination conducted by the City' s physician, psychologist, or medical examiner. Any employee may be required to take and pass a medical and/or psychological examination whenever in the judgment of the appointing authority, the best interests of the City require it. Any employee engaged in driving motorized equipment shall be required to take and pass a medical examination, periodically, as required by state and/or federal law. The City shall comply with applicable law with regard to a qualified individual who needs an accommodation to perform the essential functions of the position for which he or she has applied or holds as a current City employee. 31 Section 2.04.300. Personnel records. The Personnel Department shall maintain the official personnel file for each employee, showing the original date of employment, and the original classification and pay rate of the employee's position, together with a record of subsequent changes in the status of the employee in the course of his or her employment with the City. The official personnel file shall also include copies of forms and other records affecting the personnel status of the employee. After the employee's separation from City service, his or her personnel file shall be kept for the period of time required by applicable law. Section 2.04.310. Vacation leave. Permanent employees covered under a Resolution or Memorandum of Understanding approved by the City Council shall accrue the number of vacation days specified in the applicable Resolution or Memorandum of Understanding. Each incumbent of a budgeted line-item position shall accrue and may use vacation leave with pay as follows: 32 (1) An employee accrues vacation for each completed calendar month. A completed calendar month for which benefits accrue is defined as a calendar month in which the employee has been in pay status for eleven (11) or more working days or eighty-eight (88) hours, whichever is greater, in that month. (2) Full-time employment, for purposes of this section, shall be construed as the forty-hour work week, regardless of the number of hours actually worked in a week. An incumbent in a permanent position budgeted for less than forty (40) hours per week shall accrue vacation leave in the same proportion as the number of hours per week budgeted in that position bears to the forty (40) hour week. (3) An incumbent who separates from the service of the City shall receive payment for unused vacation leave which he or she has accrued and not used, as of the date of separation. (4) An employee is eligible to use accrued vacation leave after six (6) months of employment, the amount of leave granted not to exceed the amount of vacation accrued. (5) The scheduling of vacation leave shall be according to department or division policies and contingent 33 on the operational needs of the department, and may be further regulated by applicable Memorandum(s) of Understanding. Section 2.04.320. Sick leave. Sick leave shall be defined as follows: (1) Absence from duty because of illness, on the job oroff-the-job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority; or (2) Absence from duty for leave provided by the Family and Medical Leave Act, the California Family Rights Act or other applicable federal or state legislation; or (3) Other absences provided by resolution or memorandum(s) of understanding approved or adopted by the City Council. Each incumbent of a budgeted position shall accrue sick leave with pay as follows: (1) Sick leave shall be accrued one (1) working day per month unless provided otherwise by a Resolution or 34 Memorandum of Understanding approved or adopted by the City Council (2) Anew (probationary) employee may use sick leave, accrued one (1) working day per month, during the first six (6) months of his or her continuous service with the City. In the event the employee separates prior to completing six (6) months of continuous service with the City, he or she shall be required to reimburse the City for any sick leave that has been paid during the first six (6) month period unless provided otherwise by a Resolution or Memorandum of Understanding adopted or approved by the City Council. (3) A completed calendar month for which sick leave shall accrue is defined as a calendar month in which the employee has been in pay status for eleven (11) or more working days or eighty-eight (88) hours, whichever is greater, in that month. (4) For all employees, sick leave shall begin with the first day of illness unless regulated otherwise by Resolution or Memorandum of Understanding approved or adopted by the City Council. 35 (5) Maximum accumulation of sick leave days and payment in lieu of unused days may be further regulated by Resolution or Memorandum of Understanding approved or adopted by the City Council. (6) Full-time employment, for purposes of this section, shall be construed as the forty (40) hour week regardless of the hours actually worked in a calendar week. An incumbent in a position budgeted for less than forty (40) hours per week shall accrue sick leave in the same proportion that the number of hours per week budgeted in that position bears to the forty (40) hour week. (7) Department Heads shall be responsible to the City Manager for the uses of sick leave. Department Heads shall require proof of illness from an authorized medical authority for sick leave in excess of five (5) consecutive working days and may require such proof for periods of less than five (5) consecutive working days. (8) The use of sick leave is intended for times when an employee is suffering from illness or other covered condition. When an employee's use of sick leave exceeds average usage and/or interferes with his or her job performance, the sick leave usage may be cited as a 36 legitimate rating factor in performance reviews even though use of sick leave has not exceeded accrued leave. (9) Management and supervisory employees are expected to exercise oversight of their departments, divisions, and work units, and excessive absences among management and supervisory employees may be cited as a legitimate rating factor in their performance reviews and the granting or withholding of a performance bonus for those employees who are eligible to receive a performance bonus. (10) An employee who is receiving disability payments under the Worker's Compensation Act of California may use accrued sick leave to supplement his or her worker's compensation benefit up to the amount of the employee's base salary. (11) An employee who is receiving disability payments under the Workers' Compensation Act of California shall, unless increased or decreased by a Resolution or Memorandum of Understanding approved or adopted by the City Council, receive the difference between the disability payments under the Worker's Compensation Act and full salary during the first ninety (90) days of such disability absence; this period of ninety (90) days or any 37 portion thereof shall not be deducted from accrued sick leave. (12) The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or to extend the date of his/her separation from the City through the use of sick leave, or any right or claim to sickness disability benefits after separation from the service of the City. (13) Notwithstanding anything contained in this Section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City. (14) Any employee who is absent because of sickness or other physical disability shall notify his/her Department Head or other immediate supervisor at the beginning of his/her assigned work shift but in any event, during the first day of absence. 38 (15) If the employee's absence on sick leave exceeds thirty (30) calendar days, he/she must submit a return to work statement from the treating physician(s) and, depending upon the employee's job classification, may also be required to pass a return to work physical or psychological examination administered by the City's physician or psychologist prior to his/her return to work. (16) At the request of the appointing authority, the Human Resources Director may require an employee to submit to an examination by the City's medical or psychological examiner, and if the results of the examination indicate that the employee is unable to perform his/her duties or in the performance of his/her duties exposes others to contagious illness, the employee shall be placed on sick leave until adequate medical evidence is submitted that the employee is medically able, with or without an accommodation, to perform his/her duties, or will not subject others to contagious illness. Section 2.04.330. Absence without leave. Automatic Resignation. An employee's unauthorized absence during regular working hours for a portion of a day, or more, shall be an 39 absence without leave. An absence without leave shall be without pay and may be the basis for disciplinary action, up to and including termination. An employee who is absent without leave for three consecutive days has abandoned his or herjob. Three (3) days of unapproved leave shall constitute automatic resignation. The City may investigate and, if warranted, in its discretion, grant a leave of absence to replace the automatic resignation if the investigation shows that granting the leave is warranted by the circumstances of the absence. The City shall investigate if the employee submits a written request and, in its discretion, may grant a leave of absence to replace the automatic resignation if the investigation shows that granting the leave is warranted by the circumstances of the absence. Section 2.04.340. Leave of absence without pay. An employee may be granted a leave of absence without pay upon application approved by his or her Department Head and the City Manager, or his/her designee. Such leave may not exceed one (1) year's time. Upon expiration of the leave, the employee shall be reinstated to the same, or a comparable, position held by the employee when the leave was granted. Such leave shall be granted only in those cases where an employee's record of 40 service and qualifications justify the inconvenience to the City. Section 2.04.350. Military leave. Military leave will be administered in accordance with federal and state law. Section 2.04.360. Notice of Resignation. An employee who resigns his or her position should give sufficient advance notice of his or her intention to enable the City to make provision for filling the position. Resignations must be in writing and filed with the Human Resources Director. Absence by an employee without leave for three (3) consecutive days shall constitute automatic resignation as provided in Section 2.04.330. Section 2.04.370. Terminations Without Right to Appeal. Probationary employees may be separated, without right of appeal, at any time on the recommendation of the Department Head and the Human Resources Director with the approval of the City Manager. As-needed (temporary) employees may be separated, without right of appeal, at any time on the recommendation of the Department Head and 41 concurrence by the Human Resources Director, or his/her designee. Section 2.04.380. Layoffs-Placement on re- employment list. Any civil service employee may be separated from his or her employment for an indefinite period of time by the City because of lack of work, lack of funds, abolition of position, or other similar causes. Such an action is designated as a layoff, and shall entitle the laid-off employee to be placed on the re-employment list for his or her classification. Layoffs within a department of the City shall be in reverse order of seniority. Employees with the least seniority in a particular classification within a department shall be laid off first. If more than one employee subject to a layoff in a particular classification have equal seniority in that classification, that employee with the least seniority in the department will be laid off first. If more than one employee subject to layoff have equal seniority in that department, the employee with the least seniority in City employment will be laid off first. Re-employment from layoffs in a particular department shall be in the reverse order in which the layoffs occurred. Any position may be eliminated by the City Council. If the position is reinstated, or if a position involving substantially 42 the same duties is created or filled within one year of the employee's layoff date, the laid-off employee shall be entitled to re-employment in accordance with the rules governing re-employment. Section 2.04.390. Layoffs-Procedure -Bumping. If there is a class of positions of a lower rank, and in the same promotional line as the class of positions from which layoff is made, as determined by the Human Resources Director orhis/her designee, the appointing authority, shall demote the employee scheduled for layoff to a position in the lower ranking class of positions in the department in which the layoff has occurred. The employee with the lowest seniority occupying such lower ranking position may in turn be laid off or demoted in the same manner, to the end that the last person employed in the lowest ranking class of positions may be the person laid off. Section 2.04.400. Separations. a) Medical Separations. Consistent with applicable federal, state, and local law, an employee may be separated when a chronic or frequently recurring mental or physical condition or 43 conditions render him or her incapable of performing the essential duties of his or her position. The procedure for effecting such separation shall be as follows: At the written request of the appointing authority, or of the medical or psychological examiner, the Human Resources Director may require an employee to submit to an examination by the City's medical or psychological examiner. If the results of the examination indicate that the employee is unable to perform the essential functions of his or her job, the employee may be placed on leave prior to retirement or to separation. If the employee disputes this decision, he or she may appeal to the Personnel Board, with its decision being final. b) Disqualification Separations. An employee may also be separated by disqualification, that is, for failure to meet conditions specified at the time of appointment, such as failure to pass a background check, or for falsification of the employment application or for failure to obtain a required degree or certificate or license within the time period specified. Section 2.04.410. Nature of disciplinary action. Disciplinary action includes reprimand, demotion, suspension, or removal. Progressive discipline will be used 44 with the disciplinary action taken dependant upon the severity of the misconduct or incident on which the disciplinary action is based. The severity of the misconduct or incident can result in the suspension or termination of an employee even though that employee has had no prior discipline. 1. Reprimand. A reprimand may be issued by the department head or his or her designated representative to an employee for an offense not serious enough for suspension, removal, or demotion. A reprimand may be given orally or in writing. If the reprimand is issued in writing, a copy shall be forwarded to the Human Resources Department for inclusion in the employee's personnel file. As an employee does not suffer loss of pay or status from a reprimand, there shall be no appeal beyond the City Manager. 2. Demotion. A demotion for disciplinary purposes should be made when the employee renders unsatisfactory service in his or her position, yet is not so unsatisfactory as to deserve dismissal from the service and gives evidence of ability to perform work satisfactorily in a lower class of positions. A 45 demotion can also be a temporary reduction in pay for a specified period of time. 3. Suspension. A suspension is a temporary "without pay" status levied as a penalty for an offense where the cause is not sufficiently grave for dismissal. An employee may be suspended by the appointing authority for a period not to exceed 30 days (240 hours) in any consecutive twelve (12) month period. Any suspension which results in the affected employee having a total suspended time in excess of 30 days (240 hours) during any consecutive twelve (12} months shall constitute a removal, and shall be subject to the removal procedure set forth in Section 2.04.420. 4. Removals. An employee who has acquired permanent civil service status may be removed forjust cause. Section 2.04.420. Causes of removal, suspension, or demotion. Misconduct, incompetency, and/or inefficiency as used in Section 1110 of the City Charter includes, but is not limited to, any of the following: 46 (a) Conviction of a crime. (b) Use of excessive force on a person in custody. (c) Conduct unbecoming an officer or employee of the City, either on or off duty. In matters of general conduct, officers or employees shall be governed by the ordinary and reasonable rules of behavior observed by law abiding and self-respecting citizens, and shall commit no act either on or off duty tending to bring reproach or discredit to the City. (d) Violation of any lawful official regulation or order, or failure to obey any proper direction made and given by an individual acting in a supervisory capacity. (e) Reporting for duty, or being on duty under the influence of any intoxicant, or absenting oneself from duty or rendering oneself unfit to perform fully one's duties for reasons attributable to, or produced by, use of intoxicants. (f) Offensive conduct or obscene language in public, or towards the public, City officials, or employees, either on or off duty. (g) Incompetency, inefficiency, or repeated inattention to duties in the performance of job duties. 47 (h) Carelessness or negligence with the monies or other property of the City, appropriating to his or her own use any property of the City, or loaning, selling, or giving away such property without legal authorization. (i) Using or attempting to use political influence in securing promotion, leave of absence, transfer, change of rate of pay, or work assignment. (j) Inducing, or attempting to induce, an officer or employee in the service of the City to commit an unlawful act or to act in violation of any lawful departmental or official regulation or order. (k) Taking for his or her personal use from any person, a fee, gift, or other valuable thing in connection with official work for the City, when such gift or other valuable thing is given in the expectation of receiving favored treatment. (I) Seeking or accepting election, nomination, or appointment, as an officer of a political club or organization, or taking any active part in any municipal political campaign, or seeking signatures to any petition seeking to advance the candidacy of any person for any municipal office; attempting, 48 while on or off duty, to influence the vote of another member on duty for or against any candidate for municipal office. (m) Willfully making any false statements, certificates, marks, ratings, or reports, or in any manner committing or attempting fraud against the City. Section 2.04.430. Grievances other than removals, suspensions, or demotions. Grievances which involve removal, demotion, or suspension, may be appealed to the Personnel Board as provided in the City Charter (see Section 1110). All other complaints and grievances which any employee may have because of any action affecting his or her terms or conditions of employment shall be handled in accordance with the grievance procedure in the applicable Memorandum of Understanding. Section 2.04.440. Appeals of suspensions, demotions and terminations. An employee exercising the right to answer charges, as specified in City Charter Section 1110, shall include in his or her answer a response to the pertinent facts relating to the charge. The answer shall be signed by the employee or 49 the employee's representative and shall set forth his or her mailing address. If the answer does not request a hearing, the Personnel Board shall consider the answer and may make such investigation as necessary, and may file any findings and recommendations it deems necessary as to disposition of the case with the City Manager. Section 2.04.450 Request for hearing. If the employee requests a hearing on a removal, demotion, or suspension, the Personnel Board shall hold an informal hearing within thirty (30) calendar days, or as soon as scheduling allows. The hearing date may be postponed from time to time for good cause. The notice of time and place set for the hearing shall be posted on the usual posting boards in the City hall, and a copy shall be mailed or otherwise promptly furnished to the appellant by the Human Resources Director. The notice shall be addressed to the appellant at his or her last known post office address and sent by personal delivery or express mail delivery at least fourteen (14) days prior to the date of hearing. Section 2.04.460. Request for discovery statement, writings. 50 After a hearing has been requested, a party to the hearing is entitled to statements, writings, investigations, photographs, tape recordings, and other documents that are relevant to the subject matter of the hearing. The intent of this provision is to allow all parties access to discovery in order to facilitate a fair hearing and an expeditious resolution of the matter before the Board. The party desiring discovery must send a written request to the other party setting forth the requested material at least 14 days before the hearing, with production due no later than seven (7) days before the hearing. The Personnel Board may adopt a resolution setting forth further rules for exchange of discoverable information. Section 2.04.470. Appearance at hearings. Hearings may be adjourned from time to time only upon a showing of good cause. In the event that the employee fails to appear in person at the time and place set for the hearing, or adjourned hearing, it shall constitute a waiver of his or her right to any hearing or further hearings, as the case may be, and the Personnel Board may proceed forthwith to investigate and determine the case in the same manner as though no hearing had been requested. If the 51 employee submits in writing to the Personnel Board on or before the time set for the hearings an acceptable reason for his or her absence, the Board, at its discretion, may set a new time and place for the hearing. Section 2.04.480. Representation. An employee may be represented by counsel or other representative. If the employee obtains representation, notice of such representation shall be filed with the Personnel Board at least forty-eight (48) hours prior to the time set for the hearing. Section 2.04.490. Conduct of hearing. All hearings before the Personnel Board shall be private unless the appellant requests a public hearing at least twenty-four (24) hours prior to the date scheduled for the hearing. The Personnel Board shall adopt a resolution regarding the conduct of its hearings, setting forth rules and procedures to be followed when the Board acts as a trier of fact. All hearings shall be conducted in an orderly and expeditious manner with a view to the presentation of all material facts so that a fair and impartial decision maybe made. The Chairperson of the Board shall have full authority at all times to maintain orderly procedure and to restrict the 52 hearing to facts and witnesses that are relevant to the appeal, and that are not unduly time consuming, cumulative, prejudicial, confusing, or misleading. The Chairperson of the Board may exclude from the hearing any or all other witnesses during the examination of a witness for the matter before the Personnel Board. In the discretion of the Personnel Board, the Chairperson of the Board may exclude all persons from the hearing during the testimony of a witness, except members of the Personnel Board, its employees, a court reporter if one is present, and parties to the hearing, and their respective representatives, whenever the Personnel Board determines that such exclusion is reasonably necessary in order to protect the witness. If any person in proceedings before the Personnel Board disobeys or resists any lawful order or fails to respond to a lawfully issued subpoena, refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the hearing location as to obstruct the proceeding, the Personnel Board may, pursuant to the authority of Government Code Sections 11455.10 et seq., certify the facts to the superior court in and for the county where the 53 personnel hearings are held and ask the court to issue an order directing the person to appear before the court to show cause why he should not be punished for contempt. The order and a copy of the certified statement shall be served on the person. Thereafter, the court shall have jurisdiction of the matter. Section 2.04.500. Findings, Conclusions and Recommendations. The Personnel Board shall submit written findings and conclusions, together with such recommendations as it deems proper, to the appellant or appellant's representative, the appointing authority, the Human Resources Director, the City Attorney's Office, and the City Manager within ten (10) days after completing the hearing and deliberations. If the Personnel Board concludes that the appointing authority suspended, demoted, or removed an employee without just cause, its recommendation of reinstatement without loss of pay shall be binding upon the appointing authority, who forthwith shall reinstate the employee. An employee who is reinstated shall be entitled to back pay minus any sum the employee has earned from other sources during the period of absence. 54 If the Personnel Board concludes that the appointing authority suspended, demoted, or removed an employee with just cause, any recommendation it makes as to penalty or other conditions shall be advisory only and shall not be binding on the appointing authority. The vacancy created by a removal may be filled by the appointing authority by temporary appointment pending the completion of any proceedings taken hereunder. Section 2.04.510. Use of a hearing officer in employee disciplinary hearings. 1. Use of Hearing Officer. At the request of an employee or if the Personnel Board determines that it is desirable, it may delegate the initial review of employee suspensions, demotions, and terminations to a Hearing Officer. An employee's request for a Hearing Officer should be submitted in writing with the Answer to the Statement of Charges. The City will pay the cost of the Hearing Officer, but if a court reporter is requested by either party, that party shall pay the cost of the court reporter. 2. Selection of Hearing Officer. 55 The Hearing Officer shall be selected in accordance with the following procedure: (a) The City Attorney shall compile a Hearing Officer panel list of no less than twenty (20) persons who have agreed to serve as Hearing Officers for a term of two (2) years. Each panel member shall be experienced in the field of labor and personnel relations or employee discipline and shall be an attorney or possess other comparable and adequate qualifications as determined by the City Attorney. (b) The City Attorney, or his or her designee, shall select, by a random process, names of eleven (11) Hearing Officers from the Hearing Officer panel list. These names shall be submitted to the employee or his or her designated representative and to the City's representative. Within five (5) days of receipt of the list, the employee and City shall confer to select a Hearing Officer from the names provided. If the employee and City are unable to mutually agree on a Hearing Officer, the Hearing Officer shall be selected by a process of elimination. Each party, beginning with the City, shall strike a name from the list until one (1) name remains, who shall be the Hearing Officer. 56 (c) The City shall promptly notify the Hearing Officer of his or her selection and within fifteen (15) days of his or her selection, the Hearing Officer shall notify the parties of a hearing date. If the Hearing Officer is unable to schedule a hearing within sixty (60) days of his or her selection, then at the request of either party, the City Attorney shall provide a new Hearing Officer list until a Hearing Officer is selected who is able to so schedule a hearing date. 3. Duties of Hearing Officer. (a) The Hearing Officer shall hold a hearing not later than sixty (60) days following his or her selection unless an extension of time is granted by mutual consent of the parties. The parties will be given no less than ten (10) days written notice of the time and place of the hearing. For good cause, at the request of any party, the Hearing Officer may reschedule a hearing. (b) The hearing will be conducted in accordance with all applicable laws and procedural rules adopted by the Personnel Board. (4) Report of Hearing Officer. 57 (a) At the conclusion of the hearing, the Hearing Officer shall write a report in a format specified by the Personnel Board and shall make factual findings and recommendations for consideration by the Personnel Board. (b) The Hearing Officer shall issue the report within thirty (30) days of completion of the hearing to the City Attorney's Office. The City Attorney's Office shall send a copy of the report to both the employee and City. (c) The employee and City shall have fifteen (15) days from the date they receive the report to file written objections to the report with the Human Resources Department. All information necessary for the Personnel Board to make its decision concerning the objections should be included in the written objections. If the objections are based upon the Hearing Officer's findings of fact, the objecting party shall order and pay for the cost of a transcript of the hearing. Each party shall serve a copy of his or her objections on the opposing party. 5. Consideration of Report by Personnel Board. (a) The Personnel Board shall consider the Hearing Officer's report within sixty (60) days after it is issued. 58 (b) The Personnel Board has the power to adopt, modify or reject the findings and recommendations of the Hearing Officer based upon the record. (c) The Personnel Board shall consider all written objections to the report filed pursuant to Section 2.04.520(4) and may, at its discretion, permit a brief oral argument according to such rules as it may adopt. (d) The Personnel Board shall render its findings and conclusions in writing not more than ten (10) days after it considers the Hearing Officer's report, which shall constitute the decision of the Personnel Board. A copy will be sent to the employee, appointing authority, Human Resources Director, City Attorney's Office, and City Manager. 6. Review of Personnel Board Decision. The decision of the Personnel Board shall be reviewable by petition filed pursuant to Code of Civil Procedure Section 1094.5, provided such review is sought not later than the ninetieth (90th) day following the date on which the decision becomes final in accordance with provisions of Section 1.16.010 of this Code and Code of Civil Procedure Section 1094.6. 59 7. Nothing in this Section shall constitute or be construed as a limitation on the City Council's authority to grant additional procedural rights to City employees through the collective bargaining process. Section 2.04.520. Break in service. A break in service shall occur when an employee is separated from City service by resignation, discharge, or other type of separation, other than a layoff. If an employee is hired from a layoff list, seniority accrued prior to layoff shall be continued to his or her credit. If an employee who resigns is re-appointed in accordance with Section 2.04.270 (Re-appointments), his or her last seniority date with the City will be moved forward by the number of days covered by the break in service. However, any time spent in a layoff status, or in a leave of absence without pay status in excess of one month, or the time covered by a break in service as a result of a resignation, shall not be counted as satisfactory service for purposes of making periodic pay increases in accordance with the provisions of the applicable Memorandum of Understanding governing such increases. 60 This section shall not apply to situations in which an employee's leave of absence is taken pursuant to federal or state law. Section 2.04.530. Outside activities. Permanent employees in the classified service of the City may engage in part-time or occasional outside work, occupation, or business activity for remuneration or profit, herein referred to as Outside Activity, outside of their regular working hours if such Outside Activity will not interfere with the efficient and effective performance of their duties with the City, does not create a conflict with the duties carried out for the City and is approved in advance by the Personnel Board on written recommendation of the appointing authority. The appointing authority shall not recommend, nor shall the Personnel Board approve, any proposed Outside Activity when such activity would create an actual or perceived conflict of responsibility or duty between the employee's City work responsibility and the proposed Outside Activity. Any Outside Activity which would, by its nature, tend to reduce the ability of the employee to exercise completely independent and unfettered judgment with 61 respect to effectively discharging city work responsibility is prohibited. Notwithstanding any other provision of law, any Outside Activity in any way related to the professional field or official function of the City Manager, City Attorney, and City Clerk is prohibited except upon specific application and approval by the City Council. Any Outside Activity in any way related to the professional field or official function of any Department Head or Division Manager of the City is prohibited except upon specific application and approval by the City Manager. The City Manager shall determine which positions are "Division Managers." Educational activities at accredited institutions are exempted from this prohibition to the extent such activities do not conflict with the official functions of such employees. Section 2.04.540. Memorandum of Understanding. Any provision that pertains to a mandatory subject of bargaining in accordance with state and/or federal law can be changed through the collective bargaining process and incorporated in the applicable Memorandum of Understanding or Resolution. 62 Section 2.04.550. legal Advisor to the Personnel Board. The City Attorney or his/her designee shall advise the Personnel Board regarding legal issues that arise in the course of regular and special meetings, administrative hearings, public hearings, and matters heard in closed session, including but not limited to advising and ruling on the conduct of hearings, rules of procedure, relevance, and admissibility of evidence and testimony, rules of conduct, and any other matters within the scope of the Board's activities. Section 2.04.560. Definition of Personnel Transactions. The following definitions shall be used as the official definitions of personnel transactions. Appointments to Positions in the Classified Service Temporary Appointment. Appointment authorized for a period limited to one hundred eighty (180) days. Probationary Appointment. Appointment from a Civil Service eligible list established by competitive examination or off of a transfer list. 63 Reemployment Appointment. Appointment from a Civil Service reemployment list of an employee who was laid off due to reduction of a budgeted position. Position Change. Change of an employee from one position to another position within the City service. Promotion. Change from one position to another position with a higher maximum salary, without a transfer. Change in the duties of a position sufficient to warrant reclassification to a position with a higher maximum salary shall also be a promotion. Does not include "Periodic Pay Increase" or "Pay Adjustment." Demotion. Change from one permanent position to another permanent position with a lower maximum salary, without a transfer, or change from one salary level to a lower salary level in the same job classification, whether permanent or temporary. Transfer. Change of position between departments, divisions or work units, without promotion or demotion. Transfer and Voluntary Demotion. Change from one position to another position with a lower maximum salary, and change between departments, divisions or work units. 64 Rate of Pay Change. A personnel transaction which changes an employee's basic rate of pay without a change of position. Periodic Pay Increase. Increase in rate of pay of an employee within the salary range for his or her position without change of position or salary range. Cost of Living Adjustment (COLA). An annual general salary adjustment to the salary ranges of positions in the City service. Salary increases implemented for the job classifications represented by a recognized employee organization that are not based on the performance of employees holding positions in those job classifications. Y-Rated. After transferor reclassification, when an employee's salary remains at its current level until the pay rate of the employee's new job classification rises, through COLAs or other adjustments, to the level of the employee's current salary, at which time the employee will again be eligible for periodic pay increases. Pay Status Change. A personnel transaction which places an employee temporarily in a non-pay status or which returns him or her to duty and pay status. Suspension. Temporary non-pay status and absence from duty required by the appointing authority for 65 disciplinary reasons or other reasons pending inquiry. Suspension may be for a definitely limited period or may be for an indefinite period pending investigation. Layoff (Temporary). Temporary non-pay status and absence from duty required by the appointing authority because of lack of funds or lack of work, for a period not to exceed three (3) months. Leave of Absence Without Pay. Temporary non- pay status and absence from duty requested by an employee for personal reasons. Return to Duty. Return to duty and pay status from an indefinite suspension or temporary layoff, or from sick leave which has lasted more than thirty (30) days. Separations. A personnel transaction which results in the elimination of an employee from the City service. Resignations. Separation by action of the employee. Voluntary Resignation. Separation at the employee's request, other than retirement or disability separation. Automatic Resignation. Separation by employee's absence from duty for three (3) consecutive working days without prior excuse or without acceptable explanation. 66 Separation for Cause. Separation required by the City because of the employee's misconduct or inefficiency. Removal. Separation required by the City on charges of misconduct, delinquency or other misbehavior, or for unsatisfactory performance of duty. Miscellaneous Separation or Absence from the Workplace. A personnel transaction which results in the removal of an employee from the City service, and which does not fall in any of the foregoing categories of separation. Termination. Separation other than "resignation" or other applicable term from a temporary or probationary appointment. Layoff (Indefinite). Separation for an indefinite period of time by the City because of lack of work, lack of funds, abolition of position or organizational unit, or other similar cause. May be part of an overall Reduction in Force (RIF) of the City's workforce. Separation (Disqualification). Separation for failure to meet conditions specified at time of appointment (such as failure to qualify based on a background investigation or reference check, or falsification of application form) or failure to secure required certifications within the time specified at 67 time of hire, or because of information which, if known at time of appointment would have disqualified the employee for the appointment. Separation (Legal Incompetence). Separation because employee has been declared mentally incompetent by a court of jurisdiction. Separation (Disability). Separation of an employee whose mental or physical condition renders him or her incapable of performing the essential functions of his or her position and who is ineligible for disability retirement. Does not include "Separation (Legal Incompetence)." Death. Separation upon death of the employee. Administrative Leave. Placement on leave, with or without pay, while an investigation is completed, or for other reason, without terminating an employee's status. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the 68 remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: MA HA J S MO IE Cit Attorne 69 Approved and adopted this 23rd day of October, 2007. R chard Bloom, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2241 (CCS) had its introduction on September 25, 2007, and was adopted at the Santa Monica City Council meeting held on October 23, 2007, by the following vote: Ayes: Council members: Genser, McKeown, O'Connor, Shriver Mayor Bloom Noes: Council members: None Abstain:. Council members: None Absent: Council members: Holbrook Mayor Pro Tem Katz ATTEST: Maria M. Stew rt, City Clerk