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