SR-100907-7C~_
~;,Yot City Council Report
Santa Monica
City Council Meeting: October 9, 2007
Agenda Item: ~-- L
To: Mayor and City Council
From: Karen Bancroft, Director of Human Resources
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Chapter 2.04 Manual of Civil Service Rules and
Regulations February 1, 1948
Recommended Action
Staff recommends the City Council introduce for first reading an ordinance amending
the Santa Monica Municipal Code Chapter 2.04 Manual of Civil Service Rules and
Regulations February 1, 1948.
Executive Summary
Staff is recommending that the City's Manual of Civil Service Rules and Regulations,
Chapter 2.04 the Santa Monica Municipal Code, be amended to bring the rules into
compliance with state and federal law, incorporate changes under Proposition U and
update the City's Civil Service rules and regulations to reflect current personnel
practices, including a streamlining of Civil Service procedures and processes. There is
no budget impact associated with this report.
1
Discussion
At the direction of the City Manager, an interdepartmental team of City staff reviewed
Human Resources policies, procedures and processes during 2006. This included a
review of the City's Civil Service rules and regulations, many of which have not been
changed since 1948.
Based on this review, staff recommended changes which would: (1) simplify the rules
and make them more concise; (2) conform the rules to applicable state and federal law
and harmonize them with the City's memoranda of understanding; (3) incorporate the
changes which the voters adopted by passing Proposition U; (4) incorporate up-to-date
personnel practices and procedures; (5) streamline Civil Service processes while
protecting employees rights; and (6) facilitate sound City management by promoting
accountability and protecting flexibility
The City's bargaining units were notified of the proposed changes that pertain to
mandatory subjects of bargaining. Staff recommendations were then presented to the
Personnel Board in a study session held on April 26, 2007. The Civil Service rules were
further revised to reflect feedback from the Personnel Board. The Personnel Board
then held a public hearing on May 24, 2007 regarding the proposed changes to the
City's Civil Service rules and regulations. At the close of the public hearing, the
Personnel Board approved the proposed changes and asked that the proposed
changes be submitted to the City Council for introduction and first reading of an
2
ordinance to amend Santa Monica Municipal Code Chapter 2.04 Manual of Civil Service
Rules and Regulations to incorporate the proposed changes.
The proposed ordinance would substantially update and modernize the current civil
service provisions. Because the proposed changes are numerous, they are described
in this staff report by category.
The ordinance would delete about thirty current Municipal Code provisions. Many of
these duplicate current or former provisions of the City Charter. The inclusion of these
provision in the Municipal Code is unnecessary. Deletion is recommended both to
make the Civil Service Rules more concise and because some code sections reiterate
the City Charter incorrectly, yielding inconsistencies. This situation arose partly
because the Charter was amended in 1992, but code sections reiterating the former
language of the Charter were not updated to reflect the Charter changes.
The ordinance would also delete or appropriately modify provisions covered or
prohibited by state or federal law. For instance, the proposed amendment would
eliminate the local veterans preference and substitute language noting that preference
will be afforded as per applicable law. Section 2.04.270. Similarly, a provision on
Workers Compensation would be eliminated since state law controls. Section 2.04.570.
And, a provision purporting to impose mandatory retirement ages would be deleted as
would another provision requiring employees to maintain good credit ratings. Sections
2.04.500 and 2.04.600.
3
The ordinance would also delete or modify provisions covering matters now addressed
in contracts with the City's unions. Thus, for instance, Section 2.04.560 on "vacation
leave" would be substantially modified because the union contracts govern vacation
leave. Section 2.04.830 would be modified to harmonize the code and union contracts
with respect to the use of hearing examiners for disciplinary appeals. And, Sections
2.04.480 and 2.04.730 relating to grievances and appeals would be deleted because
those matters are covered by union contracts.
Other proposed changes would give City management more flexibility to meet changing
community needs. Thus, the provision on temporary appointments would be amended
to increase the durational limit from 60 to 180 days. Section 2.04.350. Likewise the
provision on emergency appointments would be modified to allow appointments of up to
60 days. Section 2.04.370.
Similarly, other changes would ensure the City's ability to hire, promote and retain
excellent workers and also protect employees' rights. Section 2.04.240 would be
amended to clarify that the Human Resources Director can limit the number of persons
taking an exam to those most qualified. Section 2.04.320, establishing a six month
probationary period, would be modified to extend the period to one year. Section
2.04.520 would be amended to both clarify the City's right to require psychiatric as well
as other medical examinations and employees' rights to accommodations under
applicable law. Likewise, Section 2.04.650 on terminations of temporary, probationary
4
and as-needed employees would be modified to clarify that employees appointed from
City eligible lists (other than re-employment lists) become probationary in their new
positions and thus may be separated without cause; however, if separated while on
probation, such an employee may return to his/her former position if it is vacant.
Section 2.04.710 on progressive discipline would be amended to clarify that discipline
need not be progressive if the employee's misconduct is severe. Section 2.04.850 on
outside activities would be modified to clarify that outside activities are limited to those
which would not create either an actual or an apparent conflict. Finally, employees
rights related to layoffs and bumping would be clarified (sections 2.04.660, 670) as
would the provision governing how breaks in service affect seniority. Section 2.04.850.
Another important group of changes would streamline appeal procedures and facilitate
the Personnel Board's work. Section 2.04.040 would be modified to ensure that only
those able to attend meetings serve on the Personnel Board - a necessary change
because absenteeism has affected the Board's ability to hold timely hearings. Section
2.04.240 would be amended to conserve the Board's time spent on review of conviction
records. Section 2.04.760 would extend the time limit for holding hearings from ten to
thirty days. Additionally, a new section would be added reflecting the long-standing
practice that the City Attorney's office advises the Board.
Many proposed changes would eliminate antiquated terminology or procedures and
promote concision. Thus, the term "efficiency rating" would be globally replaced with
the term "performance evaluation'; and "Personnel Director" would be replaced with
5
"Human Resources Director." The provision requiring the Director to perform a "payroll
check" would be eliminated because the Finance Department fulfills that function.
Section 2.04.090. The provision observing that "in the normal course of events"
employees eventually separate from the City would be eliminated as verbose and
unnecessary. Section 2.04.630.
Budget/Financial Impact
There is no budget or financial impact.
Prepared by: Karen Bancroft, Director of Human Resources
Approved:
to Council:
'7'~s~----~
-Karen Bancroft
Director of Human Resources
.~ ~
P. a ont Ewell
Manager
6
FULL TEXT OF CURRENT CIVIL SERVICES RULES
F:\atty\m u ni\laws\mj m\civilservicefulltext. doc
City Council Meeting _ _ 10/9/07
ORDINANCE NUMBER
(City Council Series)
7/a 3/9~
Santa Monica, California
(CCS)
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 O-F CIVIL SERVICE RULES AND
REGULATIONS
CCQDI IADV 1 4~~R
FOREWORD
City of Santa Monica, California
G. mob; Ra;~T04~
1. Purpose of Manual. This manual of ~°^-.~sR:~;o„~
rules, contains is
ef#eet-the Civil Service Regulations for the City of Santa
2
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2~. Administrative Responsibility. The °e,=sa;~,~l
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 confer with the Personnel
Board concerning all matters for which sue-F~rthe 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
3
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 #~ie
e~leyrnent~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.
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3a. These rules and regulations have been adopted
as a part of the Santa Monica Municipal Code, being
Sections 2.04.94&010 to 2.04.x-828570, inclusive. They are
being-will be reprinted in a separate booklet for the
convenience of City officers and employees.
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designed to assure the selection and retention of well
qualified employees, who because of their qualifications,
training, and 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.
5
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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
9
Competitive examinations. 2.04.080
Applicants' legal status. 2.04.090
Eliaible lists -Ranking -Veterans' preference.
2.04.100
Eligible lists -Ranking -Notification -Duration.
11
Eliaible 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 - Probationa
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
10
Re-employment lists. 2.04.220
Transfer lists. 2.04.230
Promotional lists. 2.04.240
Open competitive lists. 2.04.250
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 Resi gnation.
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 l ist.
2.04.380
Layoffs -Procedure -Bumping. 2.04.390
Separations. 2.04.400
Nature of disciplinary action. 2.04.410
11
Causes of removal, suspension, or demotion
2.04.420
Grievances other than removals, suspensions, or
demotions. 2.04.430
Appeals of suspensions demotions and terminations.
2.04.440
Request for hearing. 2.04.450
Reauest 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 Recommendations.
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
12
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14
Section 2.04.0410. Personnel Board: -Rules of
Order and Procedure re: Attendance by Board Members
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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 reqularly scheduled meeting each month and
expeditiously schedule disciplinary appeal hearings. Any
Personnel Board member missing three (3) reqularly
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
16
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)
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.
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20
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Section 2.04.5020. Department
heads.-/Appointing Authority
21
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 H#eads-are is responsible for effective
supervision of tl-ie+~employees °° ~^~^'n~.;-a: o~and
maintenance of appropriate working relationships. Each
Department Hk~eads-are is required to reps+~upea~+ie
„~'~~^'~^^~~- T-ensure that the performance of each employee
in his or her department is evaluated at least annually and is
required .,^~^',~.peye~a; Ito notify the °e;:o^:~Human
Resources Department of changes in the assignment of
duties to employees. A Ddepartment H#ead may adopt and
administer departmental personnel regulations which are
supplementary to, and not inconsistent with, the rxtaanal-e#
.applicable law, Administrative
Instructions and other policy directives issues by the City
Manager.
r
22
Section 2.04.8030. Alature-e~Celassification
plan.
The classification plan is ^~ ~~ h° ~°~' °
(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, acid
difficulty and responsibility.
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(b) A list showing the class titles of all positions in
the City Service,
te-ifs-organized by appropriate class.
(c) Written classification ~'~,:t;a,=,s specifications
containing~en-te 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).-As
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23
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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.
Ian.
24
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4 hl' h r! I +h I.~ 'f' ~++' I +h ._
I 'f' +• +~ f+h D I f1' + 'II h f' I
h 'f' .++' .~ r! -~rl'nn +n +F ~n Dnrcnnnnl Qnor(7 fnr o n hl'n
.............,....,,.. ..,~.... y. ....y .... .... ~..,... ...~. __...._ ._. ~__.._
25
~~'~,}-A~-~m~
n'rtnr~+f'n of .. n ie~ee~at an, lime request
h~n..° in +h° ni~,ooif'n..#'n of hic nnc'#inn
C rh r ,°n4c oh~,ll h° ir'#inn onr) c.hn^ nn+fn.+h
n r+'n nc
u
' Thr. Onron °I n'r°n#nr droll moL° o
.,,..,.,..
..
rr,,, ., ,y
+ a f++, 'f' _ ,... . .......... ........ ...,..,. .,.._.. ...~....
r7 rt h'e f'nrl'n ir'+iniv +., fh
2.04.040 Maintenance of Classification Plan.
The Human Resources Director may classify or
reclassify positions at any time.
(a) New Job Classifications.
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 new iob classification is
warranted the Human Resources Director shall, with the
26
City Manaaer's approval, submit his/her recommendatiorrto
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
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
27
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 2.04.90050. Pay plan.
P~pese-e€~ The pay plan is-based-then-the
c...,........,......... ~., .... .~ w..w ...........y..~... .,. .. _.~._.. _......__ _. r-~
establishes rates of pay based upon classifications and their
relationships to similar iobs in the public and private sector
as well as employment within the City Service itself.
28
The pay plan is set forth in the annual-salary
r~selutien-schedule approved bvef the City Council, and
provides the minimum, ~^+-„,~~r;,,~t~ and maximum pay
-.,+n~ n. ~ flo+ no., .n+nsalary step(s) in a salary range or flat
rate of pay for each class of positions, +n,.o+-~h~~ ~I+.,~a
h rl I f nnr nrJ'n oc ~ni+h'n 4hn m ~ m onrl
nn
.,.,, ,.,....,., .,. n...,' root 'n'...
r... ........ r.-~ ...... ...,..,..., ..... ......._ ..... ....._... _.._
I f' nh m.,++n rc o n.,n h'm
. .......................,........ ........... .. ._.. ...,,. .....~ ~-~r
-.I-~ Th nl~.n n .drlnc offnn+ oo fnlin~.,o~
(a) New appointments shall be made at the minimum
salary step of the salary range or flat rate of pay. ef~l-ie
._ In exceptional cases, the City
Manager, ,
", may approve an
appointment in-manse-e#-at a salary higher than the
minimum salary step, but in no case above the maximum
gate 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
29
+ h' h +h h' nn4 n r #o ~nih' h ~ h'nh
rr ~i i '
....,r ... y....,. .. ........., .,~.. ~.., r-~ ._._, ..... _.._ . _. ._ . _~.. _..
(bd) 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.
(ce) In the event of re-employment subsequent to
layoff, the pay~ate-employee's salary will be set at the same
salary step the employee held at the time of layoff wili-be
i_.I~_ #h_ _~~__.f'_.~#'_- nl.+n 4h~ n nl~n w~~j+~~
' 4n' r! n+I. fnr n nfFnn
r
rv
~ +li
Ro~i c'nnc in
v...~~
,,,YTirliCi IIIG~n v~..~•~. ..~ v N
N
v
+h .. f A\ir71 nl nln o ___
... ~--.. .~. ~.._ ...
f nnci+'nnc offor cfi rlv
rlc p....~ ~..,~., ... .. .... ..... ....... ..........~., .. . ~..__... _. ._, .._. ____~
1 f1'rn r.+nr droll hn r
v
~ D onrloll +n +hn f i+~i
-
...` _ ......
30
nrl nh ..nn nc ch-. 11 hn rnfnrrnA 4n +hn Dnrcnnnnl Rn-+rr-0
D I R .+ +h n .J nh nhnll hn rnfn rrnr! +n
Ga;+'n +hn !"+ (`hMr# nnl Rn
.-rJ +n
n
ihn
~ 4hn Do
p M
wM
`~
~
n+n n
^
~ nrrJ nr +n n nnrFn'n u.hn+hnr+hn nnln r'n
y
,,
r ,. .,,., „.,,, . ...... ............,,, ...,,,...,,. .. ,., .,w.~......
nn +hn hnn'o of c. nh c+ .r7;nc +hn Dnrnnnnnl Rnnr.J ;c
+h rl #
aaoicii~c ... . -n l.n .
........... ..... nnrJ n+;nn n.fh r nnn++hnrn4n +n
........... ........... ... ...... ...°p...... .. .... ..._ ._
}h f '+ f n
. 'I (`;+v ~
n Annnnn nr! Dn ronnnnl fl;rnn+nr
r ~,
....~ ....... . ..,..~ .~..~ .. ...,. ..,.y.,. ~ .... .... _...... .. .... _.. __._..
C f 9 !lA 99(1 D .:4...n r,F cnleni:..n ..d
vc ........ ..... ~.~~... .~..... ... ~... ~. .~ .. ~.~~..~ .~ _'...~
~~
/n\ D hl'n nnnn nnmm~n+ of nnnn rmm~n+'+'~i
., ~ . ~ ~.... ~ ~....~ , ~., ~ ~.., ~ .,,.,.,.. ,,.,. . r,........
#' n 4n f'II . nrJ +hn n on+nnnn of
31
Section 2.04.238060. Examination
announcements.
Announcement of examinations for positions shall be
made by posting up blic notices-+n-f~#bli~plase~ and by sued
^+~methods designed-a;~:t~ to obtain+r~
appropriate publicity. Examinations shall be publicized as
deemed necessary by the Human Resources Director.
Examination Aannouncements shall be made at least ten
j10~ calendar days before the last date for filing applications.
Announcements shall set forth the aatt~r~ef-the-duties and
responsibilities of the position, the minimum qualifications
requirednaents 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 °~r:ona~l-Human
Resources Director.
Section 2.04.248070. Application for
examinations.
32
All applicants must complete a City employment
application.
. The
°°;~o,„.~:Human Resources Director, or his/her designee,
shall notify in writing those
h°°^ ~^~^^+^~' ^° ^^+ applicants who do not qualify+ag-_for the
examination;. Qualifying applicants will be notified-and-skull
in writing of the time and place of
examination. A{~p4icatiens-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.
(c) Any fraudulent practice by the applicant in
connection with any phase of the recruitment and selection
procedure.
33
(d) Physical or psVChological 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 Citv
service.
(fe) Unsatisfactory police record of the applicant.
Conviction of a felony or of a misdemeanor if the
misdemeanor has a nexus to the iob for which the applicant
ha_s_ applied, unless the application is approved by the
Personnel Board. '
~ i rd n^^ rm^n+c.d t~ a.hn:~i #hY+ ih^ ., I'^.+nt'~ n.,r.d t
SIPe..vv r~;.,.,vv...v v a.pp,,.,a.,, vV.. 4V
n\inr .~ ^ n.rl^r-,hl^ n I.,.J .,++imn n ., +h fF h..
... ....~~.......~a...,.. L..°., ,.... .., a....a. v.. .vv uw vna., roa. .,uo
..~~ .....y..~,.. ,^.pr^... a., ,...vvvl..aaw„va. v, uNNnvcanvr~i-O.rm-rm.
+h^c^ r nrl'4'n ohnll h^ n+.'^^++n +h^ .. .,I r.f +h
a .,., .,.,,,..,.,.,,,., .,,,..., ,,., ., .,,.,.,a a., a. ,., a.ppro.a., v, a. ,.,
°^r°^^^^' °^.,rrt _Applicants for the police department who
have arrests other than those arrests from which they were
CI II i v ~vnnlGOn-rGnfully 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
34
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
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 ~n,,~~Human Resources Director
approved by the Personnel Board.
~n) 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
35
Resources Director orhis/her designee, will be invited to
take the examination.
Section 2.04.30080. 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 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 ;~r~o.^n~Human Resources Director for
##~satisfactory performance
36
"^~9d#er. Examinations shall be administered.
y ..,..,....._
fairly to all pa+-tis+pat+a~invited applicants who participate in
the examination. ;and--tThe identity of applicants shall be
„seated-protected when scorinq+a written examinations.
pf~ysiEatcead+tier~Promotional examinations shall be limited
to non-probationary employees with permanent Ceivil
Sservice status who have
~G~T+,,,F.;,, u„d `o^oha hayed-the required experience and
meet the qualifications for the position.-;,, +"^ ~e^~:~~ ~f +"°
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.
~~^,~^',~t~re~ Csredit shall be allowed for seniority as set
forth in an Administrative Instruction.
37
r1 ri'+' I +h + + h r of
r
F II + r+'+ rl h r! rl 4 I mn~ ~+'nn +hq
wc~TTtS
x
Section 2.04.68090.
Applicants' legal status.
II 1~•+ ~ c+ ± ~ a + h •rl .+ • +h ~•+ .,+ cam„+~
p I Q r1 h '+ h i' h r 'c 'r` +h
D I r1' + + 'rt on+o ~.~h
~„-,;,et',t;a.=,-Applicants for employment must be legally
38
eligible to perform work in the United States in accordance
with applicable law.
Section 2.0430100. Eligible lists-Ranking-
Veterans' preference.
}' +h f .J' ..hl rl vo+o rn ~eih..
+' rl ri' +' 1 f rorl i+ r, f f\~
h 4' '+h' f f II n h'o r hor
39
nn "., + nn^:.,o~,Veterans' preference will be given in
accordance with applicable law.
Section 2.04.x$0110. Eligible lists-Ranking-
N otifi c at i o n-D u rati o n.
All applicants,
shall be notified of their test results and whether then have
been placed on the eligible list. , ~ +" '^^^a ^" +"a
r
. Any applicant may
request that the Human Resources Departments review of
his or her test papers by a written request made within
#iteeafifteen (15) calendar days e~the-da#e-e~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
40
review. F~u,~~rt,-R,tor,-pap " " h ' .+ f '^,+ ^f
r
t hl' h .J I+ f+h ~++'
Open competitive eligible lists shall remain in #arse
effect for one year, and promotional eligible lists for two
years, unless exhausted befere~a#-tinteearlier. An open
competitive eligible list may be extended for an additional
year by the
~~IHuman Resources Director and the
Department Head, if
applicable. An eligible list of fewer than three (3) names on
the list shall be exhausted h +h`r M o ~~°° fhM., +h rr.r~
~~~, ,
+h I' 4 -. rI 4h 'n+inn ., +hn:fi, rlorl'rioc +~
~ err o
___mlt I +• f h .+ r ++ fin •+ •o+•n ~~~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. 11per~arypreval-ef
..., ~ ~
41
The Human Resources Director may consolidate
eligible lists for the same class of positions provided that an
eli ible is removed from the consolidated list when he or she
has been on the list for one (1) year. Twe-eEligible lists for
the same class of positions may be consolidated by the
ono^^~! Human Resources Director by placing eligibles
from an old list on a new list in accordance with relative
ranking of the eligibles. ,
Section 2.04.98120. 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.~~~~es~ir~-writ+ng-by
,~ i f „i_
(b) Inability to locate the eligible; within a calendar
week's time, by mail or other ordinary communication.
(c) Three refusals to accept an offer of
emplOYment~^~ + +' - h +h i' 'tii~„+~++o~$-gf
42
(d) Certification of an eligible (other than a re-
employment list eligible) three times t ~ ^^ c'°pMrt..,°"+.
without a resulting appointment ~" „ t"., D_-pc.t:,,°^± u^^,a
,,..y....., ..,....._.. __._ _..~._.- ~- - - -
(e) Establishment of any of the reasons for rejection
01O
of an application as set forth in Section 2.04-B8t3~48 of these
~o= Y ~ o~n~~m
rules. ~T„~ .,~, .. , ~ -,
Section 2.04.398130. Eligible fists-Placement on
inactive list.
Subject to the approval of the Human Resources
Department, Aan eligible,-~-a:,y~;,T« may request in writing
thatxhis or her name be withdrawn temporarily from the
eligible list and placed upon an inactive list. 11pen-the
~,~.w, .,, ,, ,., , .,,.,.,....... _.. __._ , ___... --,- --
Uapon written request of the eligible,
his or her name ma}Fwill be reinstated to the eligible list for
the duration of that list, if the list is still active.
Section 2.04.318140. Appointments from eligible
hst$. ~ '~ CI' 'L.'Ii~~~ I.m iM4i.. r~
m ~
43
T '+' t +' f +
e 4 #h o f1nn.~rFmon+
rr
f .+ ,+ } +h D I f1' + h h..l l f ~. 'oh +h
f 1 4' h II h r! f +h I'ni h
+ lo I'o+ .~nr!
Tl
+ h'f' rI f f + I 4' Af+nr n.~fiFi nn Fh
D I fl' + f h' I 4' f +h .+'f' . ,+' n +h
pro c.,.,..~~.y ..., hio f,ro+ ,~., , .,f ,~ ,± ,.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
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..-aa
44
- +' h II h h Irl f 'hl + +.. L.I'o~~
' + I" 'hl I' + D 'n+nro of n c fnr norF'f'r~++~nn
~ ~
Eligibility lists shall be used by the °ersar~Human
Resources Director+a~+Nfag-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. ~„~.,; !.,....,+_. r + .. n+-:....'' r°`
4'+' I' 4 4h no h'f'n.J to +h
~~ vv.~.Nv.••..v .• ~ .... ..~.... ..... ..
45
Section 2.04.328150. Appointments from eligible
lists-Probationary period.
Any appointment made from an eligible list shall be
subject to a probationary period of *" "^'' *"
+~teaths: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 a-permanent civil service
status until he or she successfully completes a kris
probationary period, " '~,~.r,"tom ,-~ '' " '' ' "'+"
46
+ Th D I fl' t I f +h !"+
I i'{~ +' 'f' III oc+~rl by ci_ir__h
~n~U ~;~;t u ~
Section 2.04.336160. Appointments from eligible
lists-Fingerprinting-A:;~rConviction record.
Fingerprints shall be taken of all new employees, and
conviction records will be obtained from state and/or federal
authorities. ~eeerfls s~aAny employee who fails to give his or
47
her complete arrestconviction record at the time of
application mall-ma be
++ti ~ h ~,+ ho .~+~'n4d-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 iob held 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
C.iN`~'
employment application js~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
to requirements of state law.
48
Section 2.04.348170. 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
period if he/she believes it is in the best interests of the Citv.
49
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
on probation to the eligible list for the duration of the list if in
50
the opinion of the Human Resources Director such
employee might successfully complete a probationary period
in a different department.
Section 2.04.50180. 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 maV 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.
51
In the event of a local, state or nationalser;aas
emergency, the City Manager may authorize the appointing
authority+nay-to make an emergencv-_tea~erar~
appointment -o, ,,,°rg°^cy b°°:°. Such appointments
shall not exceed ten-sixty (60) calendar days, subject to
renewal by the City Manaqer or hislher designee.anEt~haN
+ h .J C h in+oo chill f~r~ `ice
a ~ ~rr~
. The appointing
authority shall immediately report the emergency
appointment to the Human Resources Director. The
emergencv appointee must file an employment application
with the Human Resources Department within ten (10)
calendar days of the date of his or her emergencv
appointment in order to receive compensation for his or her
work for the City.
Section 2.04.3~A210. Limited appointments.
Appointments made from an eligible list to a position
with an anticipated duration of six months or less shall be
classified as limited appointments. Such appointments may
be renewed by the City Manager upon determination that the
53
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. (P~+er~e~'~s=' 9o"i
54
erg
55
~~~~~.
Section 2.04.4a-0220. Re-employment lists.
UI '# -- + iJ n Oho n rmho. of
Employees who are
separated in sack-reductions in force shall be placed on a
3g0
re-employment list in accordance with Section 2.04.~9tj"
h {' + +hn ~;~±. Re-employment shall be in the reverse
order to layoff, ,
~ _ a~_ C:-„a +.. h...r. h'rnr7 in +ho o~i n4 n{ ..
S +' ~ nn aan 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; tEnless
56
D 1 n' t h ~. n4 +hn nv+nn c'n virlnrl '4
r-c~....~.~.... ... ~...... , ..... ...~~ ~~.... .. ..._ _..._.._._r. ~rn ..___ ._
Section 2.04.428230. Transfer lists.
Any employee des+ring-who wishes to transfer to
another department may file a written request with-in#er~ the
~,~1-Human Resources Director.~f~ :si„terest~.,;~
9+recte~ Tthe employee's name shall be placed upon a
transfer list for consideration in filling future vacancies.-in
.+,+~+~ +h D 1 n• n +n...,.,., nnn+~..+,+nnnr+..,nn+
..,,.,.,,.,.,,, ,~,.,,~..,....u~ ....._.,. _..r_....._...
h ~+r1 '+h n++n n dhln tr-+n~fnr of mm~lnvnnc
~~~....,, ..~.~~. ,.r~~.. r~........., ...... ..,.~. ... ~. .~._~___
h 1 r c.iFn ~hm'++nrl fnr+hn fillinn
., nn i .. is c
vv~,c..~--.... ... ~.,.,..,.,... ..,. .~-.~_.,.... _..._ ___.... ____ ._. _.._ _.._..~
ef-a-vaeanc3F Qualified employees
trans#e~shall be certified in the order of seniority, on the
basis of three names for each vacancy-; ~u~#The appointing
authority, upon review of a transfer list, may elect not to
interview the emDlovees who have been certified. If the
appointinq authority elects not to use the transfer list +~ay
+±h-.+ ~ nh .. r~+ nn+ hn ~ +'r~n.+ for appointment,-2R~
an appropriate promotional or open competitive list shall be
s~Aed-certified in lieu of the transfer list. Are-appeinimeat
h' h 4h I c +r.,ncfnrdr.n n c +hn comma
nn' nr:n
57
tae-a-preaaetien:Transfers cannot be made to a position with
a higher maximum rate of pay.
Section 2.04.480240. Promotional lists.
a) Existing Promotional List
I#-t",~aA promotional eligible list a~~repriate-fer
fil4i+~gshall be used before an open competitive list to fill a
vacancy, h I' # h II h +'I' rJ h f #h n
i
. However, itf there are fewer
than three eligibles on the promotional list, the appointing
authority may request - #' + # hr h -. r + If
I' + h II h rl ' I' f .. .,.,n+;nnol r~# 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
58
-When no promotional list is available to fill a vacancy,
an examination shall be held to establish s~+sFi-a promotional
list, unless the appointing ~ewe~authority believes it
impractical, or not in the best interest of the City,^o;~, and
requests an
open competitive examination to fill the position. ~i-this
every Tthe appointinq authority's reasons for mailing-t#e
requestin~c tea waiver of a ^c,^-~:°-promotional
examination must be submitted to and approved by the
Personnel Board.
D~ - - I R ri I 4h rl 4 ~+' n +ho++h~ hnc}
Section 2.04.448250. Open competitive lists.
The appointinq authority shall use an open
competitive list to fill a vacancy when it cannot be filled by
using a re-employment or promotional list. when-a vaeanc~
59
Section 2.04.459260. Re-appointments.
An employee who resigns may be re-appointed to his
or her former position, if vacant, upon recommendation of
the
resigaedappointing authority, aad-the approval of the
o~o,~^,~:-Human Resources Director and if required for the
iob classification, afavorable medical report from the City
,~ ~+',~,.~-,,==:^V=physician medical or psychological
examiner. No sash persenformer employee shall be re-
appointed unless he or she submits a written request for re-
appointment to the appointing authoritVf}is-app4icat+or~-#sr
within one year of the
date of his or her resignation. No ones." ^°'°^" shall be
re-appointed if there is a re-employment or promotional list in
effect for the position for which reappointment is sought.
Section 2.04.469270. °,-~i<Y:==~e, Aas needed-a+~d
seasena}-_e m p I oy m e n t.
60
'} h +h ff' -~+' nrl droll ho ro~~icG~
++ I f h If Ff' ~+'n ~.rh'nh m ~~
0
I I' + fin + I I h rl 1 f fi e
r2 f -- +h I' + r! h h II h-. f r4L.n .i I
61
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 pendlnq 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 appointinq 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 Citv to its
permanent employees unless a benefit is required by state
or federal law.
Section 2.04.48280.
,z__ ~+_ ~~:_: ^^~ ~°~~^~GPerformance Evaluations.
62
Performance evaluations shall
be , °^d°r°..completed at least annually for alt permanent
employees in the Classified Service and quarterly for all
employees serving Naei~-probationary period. l~siag-a-fer+~t
~edThe evaluation form shall be revised periodically
bythe Pte,...,..^°!Human Resources Director,aad-2~reued
~ti~ The department shall review each
performance evaluation
#errxrwith the employees„c~~d before the evaluation is
forwarded #er~aar~l+ag-it-to the ° ,so.T=.elHuman Resources
Department for inclusion in the employee's personnel file.
63
fl' + - II #' mhnr nnrl t ho
f 4h +' 'th +h -.+nrc nno rn~n~
h .. I I~-na'n-v~f ~ ~' ~ ~ .
~~~ rvcrv_ra'ir~~r~
64
'
-+ + +h +' on+ c vc+g~
r
65
Section 2.04.a2A290. Rhjfsisal
Medical/Psycholoaical examination.
Depending upon the iob classification, an Any
appointment to the City Service s#allmav be subject to a
medical and/or pgys+Ea{psychofogical examination
conducted by the City' s n, c';...~-! =. =-- ""'physician,
~sy~hologist or medical examiner. tn--addltien;~elise
proyatienary-peried-s-Any employee may be required to take
and pass a medical and/or ~ys+salpsychological
examination whenever in the judgment of the appointing
authority, the best interests of the City require itst+sh
~r,;aatsn. Any employee engaged in driving motorized
equipment shall be required to take and pass a ~ysisal~nd
medical examination, periodically, as required by state
and/or federal law. ,
66
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.
~~
67
Section 2.04.548300. Personnel records.
The Personnel Department shall maintain a-~°^:'.~°
nerd-sa~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. At'-=h~-!•••... ~f on
After
the employee's separation from Citv service his or her
personnel file shall be kept for the period of time required by
applicable law.
68
Section 2.04.x68310. Vacation leave.
Permanent employees covered under a Resolution or
Memorandum of Understandinq approved by the City
Council shall accrue the number of vacation days specified
in the applicable Resolution or Memorandum of
Understandinq.
Each incumbent of a budgeted line-item position shall
accrue and may use vacation leave with pay erne-#eNewirtg
~sisas follows:
69
(1~) An employee accrues vacation for each
completed calendar month. A completed calendar month for
which benefits traccrue 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~) FuII-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.
A~;,;G '°::'An incumbent in a permanent position iasur~ber~t
emplsyed--budgeted for less than forty 40 hours per week
shall accrue vacation leave in that-the same proportion of-fhe
+~ ~ + a ~~ +~ ~ ^+ as the number of
hours per week budgeted in that position bears to the forty-
40 hour week.
(34) An incumbent who separates from the service
of the City shall receive payment for unused vacation leave
to-which he or she has accrued and not usedavet~t
o„ ., .,:.._- ti _. *:!! _r!, as of the date of separation.
70
~~~ ~ ,
aAn employee r~a~be-granted-is eligible to use accrued
vacation leave after sixes months of employment, the
amount of leave granted not to exceed the amount of
vacation accrued.
5) The scheduling of vacation leave shall be
accordina to department or division policies and continaent
on the operational needs of the department and may be
further regulated by applicable Memorandum(s) of
Understanding.
71
~~~
72
Section 2.04.70320. Sick leave.
{a}--Sick leave shall be defined as follows:
(1) Absence from duty because of illness, on the job
or off-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.
/h~Each incumbent of a rbudgeted position
shall accrue sick leave with pay as follows:
(1)
+~ G 'x ~-~ ^ ~+^~~° Sick leave shall be
accrued one (1) working day per month unless provided
otherwise by a Resolution or Memorandum of Understanding
approved or adopted by the City Council ~ ~...,.,...,^! °~cr-=!
73
(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
r'~ty 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 benefits
tierei+~-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
Rresolution or Mrnemorandum(s~ of Uanderstanding
approved or adopted by the City Council.
74
base-satay~
(5~) Maximum accumulation of sick leave days and
payment in lieu of unused days may be further regulated by
Rresolution or Mrrtemorandum{s~ of Uanderstanding
approved or adopted by the City Council. ~+'~ +-,~ < <,".~ ~;c;f?~
(6) Full-time employment, for tl~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 ea~leyed-in a position
budgeted for less than forty 40 hours per week shall accrue
75
sick leave in the same proportion a `~ ~ ` ' ` "` '"
that the number of hours per week
budgeted in that position bears to the forty 40 -_hour week.
(7) Department tikreads shall be responsible to the
City Manager for the uses of sick leave. Department Hheads
shall require proof of illness from an authorized medical
authority for sick leave in excess of five (consecutive
working days and may require such proof for periods of less
than five (5Zconsecutive 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 iob
performance the sick leave usage may be cited as a
le itimate 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
76
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
moments 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 U~+nderstanding 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 portion thereof shall not be deducted from
accrued sick leave.
h + ~ +' + 1 hi 7 '1077
(129) 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
77
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.
~ni r +~ n + + ~ rf ~h
h~~,
(138) 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
78
Ddepartment Head or other immediate supervisor as--seerF
as-pessik~leat the beginning of his/her assigned work shift but
in any event, during the first day of absence.
(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 ,ti:~stat~w:°^'. *.o
Sit~seasicereturn to work.
(16~) At the request of the appointing authority, the
!~rso,~r,e! 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 irt#estieacontagious illness, the employee
shall be placed on sick leave until adequate medical
evidence is submitted that the employee is sempete+it
medically able with or without an accommodation to
perform his/her duties, or will not subject others to
iafestiencontagious illness.
79
II h i t a h +V. 4' + h
+ n.-I ., f'n.~l
~
~
+h nhc
•=
Section 2.04.588330. Absence without leave.
Automatic Resignation.
An employee's unauthorized absence emu„-G~;;.!oyoo
during regular working hours for a portion of a day, or more,
shall be an absence without
leave. Any st-ISFi-absence without leave shall be without pay
and may be the basis for disciplinary action, up to and
including termination. Ar~absenee-13y aAn employee who is
absent without leave for three consecutive days has
abandoned his or her iob Three (3) days of unapproved
leave '+~° shall constitute automatic resignation.
h II +' ^^+n,+ The City may investigate
80
and if warranted in its discretion grant a leave of absence
to replace the automatic resignation if the investigation
shows that grantinq the leave is warranted by the
circumstances of the absence. The City shall investigate if
the emplovee submits a written request and in its discretion,
may arant a leave of absence to replace the automatic
resignation if the investigation shows that grantinq the leave
is warranted by the circumstances of the absence.
Section 2.04.590340. Leave of absence without
pay.
An employee may be granted a leave of absence
without pay upon application approved by his or her
Ddepartment H#ead 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 befsr-e
the emplovee when the leave was granted. Such leave
shall be granted only in those cases where an employee's
record of service and qualifications ,,,a;r„ :± d~~„M~!° f~~+...".e
r•+ + ±.,:,, ";~ _....._.. ~._.. ~++ho ==°+.,+~..rr,ojustifythe
inconvenience to the City.
81
Section 2.04.&80350. L ~•.. ^F ~~^°^^^ °^"'^•'`
pay-Military leave.
}h D 'r I } f +h I 1 '+ r• C+ t +h !` of th°
n is ..,.... .. ~--. .. .,. ..._, _....__ ___.___ _. ..._ __ ~ ___ _- _.._
{f } rt + rl ' + th rl f f 4h I 1 't rl C+ t
P
h I h' I nn4 uii}h }hn f 'fii }n ontgf
h~ h II h + rl I f h .i+hn~ +
h rt f if h I n hnnr•r~hig
} } I t +h +h ft +h rt f }h
$2
+..I- ^h ^'.'!!±„^, !^N„^. Military leave will be administered
~u~«,......, ....
in accordance with federal and state law.
~
~ nn ann h f h-.II h + ..1., ^na o h~ll hn ~~o
r
,
Fooo~, .,..~....,.,..~,,..._......_ . _.__...._. _...--
.. .. ^.,
.t'f' f f 4h f ~+'1-,hlo -
ol'n'hln ^ct fn
h II h rl f 'r! +h 1 th r+nt hr.~n,o.,.~+r
f th th rF'f' r~ ' ri '.f 4. , L'nn cr nh
th #' ~+ 4h 't h~+ll nc~rFifi, thn n^vt t hroo nomoq
{ h I' t rl t'I h I' t ' h t rl t~l
83
+ 'I +.,4 nh n d+'n fnr Oho
'+h' 'rl +h ~ +h ~++' f +h~
vrrtrrm ~_. _. ____________, _. _~ _. _.. ~ ..~ ...... ... ...... .. .. ......
$4
..+„ .,~,,, ,oQ
85
Section 2.04.540360. Fifrs~nati<x~sNotice 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 h+s-the position.
Resignations must be in writing and filed with the p~r,;,c;
Human Resources Director. Absence by an employee
without leave for threes consecutive days shall constitute
33a
automatic resignation as provided in Section 2.04.34fr
86
Section 2.04.158370. 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
concurrence by the Human Resources Director or his/her
designee.
Section 2.04.110380. Layoffs-Placement on re-
employment list.
Any Scivil 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 pesi#iea
87
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 subiect 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 subiect to layoff
have equal seniority in that department, the employee with
the least seniority in City employment will be laid off first.
I 'f' +' • #h +' I h L+',-1 ff F. II hn 4h
v,..,.,..,,,~ ......... .. .. ..... .... ..........~., ...~_.. __...~ .~._ _.. _.._....__ _..
~..r... ....... .. _.,..__...__, _.._ ......_ ~_.. ..____.. ~-------
. Re-employment from layoffs in a
particular department shall be in the reverse order in which
the layoffs occurred, '^ +"^+ ~'°ro:*.:^o^+. Any position may be
abeGshed-eliminated by the City Council,
an abelfshed If the position leis reinstated, or if a aajr
position involving substantially the same duties t~eis created
or filled within one year of the employee's layoff date, the
88
laid-off employee shall be entitled to re-employment in
accordance with the rules governing faye#sre-employment.
Section 2.04.8390. 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 sthe _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.
89
p
a' th'r# rJ.. Inn~n .I
r vor r to
Xti ~ J J J ,
~ ~ r
i
i i
'
1
4' 4 I + fh #h rJ h n rl..v #hornof #nr
i ~
'+F + t + ' '+ rl f f +h 4h f
vvrra ~~ ........,~~... . .. ..........._., ,.. ._.... _. ..._ __.__.._ _.._. _._ _.
p I R rJ LJ h-+II h.. + n rJ.+vc of+nr+hn r in+ of
~ c.,,... .. .... ......... ,... .._ _..~.. ..~._ __.. _._~- _-___ ____ _ -
# f '+h' h' h # f'I r+n .nh
~ .
d
+ # + f h.. ohn~ Irl hn rlndrn #n rfn
TF ..f 4hn ("#~
rl +h
flff'
II h
f;l
~G _
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rl '+G. 4h
rt
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I C.2
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~
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cr
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,.
,.. .,,.. ... _
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. ..
'f 4 4 # f h.. h~o hnon mnrJ
90
r1 +' '+ h II rl ~h.,li hn n.do h.i
~
e
rr .+ ~
+ +h+ oS
+' I q'+' rt f L. + rf nh oc .~n.d
~ r r
+• h + r1 ~tl or4 of
Sc. ....., ..hill L :.. ...__ ~ '_ .^. '~_...'d.'_'. ..
91
0
o nn non o nn nom
ac
C}-.+ o }' .,.,} e.,~}gym
Section 2.04.08400. 9tFier-types-e~Sseparations.
a) Medical Separations.
Consistent with applicable federal state and local
Ia~Aan employee may be separated #er-disabili#~when a
chronic or frequently recurring mental or physical condition
92
or conditions renders him or her'^'^^,.,c~~~c^.~~^or 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 psvchological examiner, the ;~,~onne:Human
Resources Director may require an employee to submit to an
examination by the Ci 's medical or psvchological
examiner; aril-ilf the results of the examination indicate that
the employee is unable to perform the essential functions of
his or her iob,h',~-~~; the employee shaNmay be placed
on~iek leave, rip or to retirement
or to d+sa~{4+ty-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.
93
Section 2.04.1-0410. Nature of disciplinary
action.
sectier~Ddisciplinary action ,,,ate^s:~'- o`includes
reprimand, -demotion, suspension, or reprir~aadremoval.
Progressive discipline will be used 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.
94
A demotion, ~~+~-~,h~tha„-a
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
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 pewe~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 period-shall constitute a removal, and shall be
subject to the usual-removal procedure set forth in Section
2.04.420.
95
+h r~+ nn...,....o. •., ~ ,.h ,.~ ~o~
4. Removals.
An employee who has acquired permanent civil
service status may be removed for lust cause.
Section 2.04.20420. Causes of removal,
suspension, or demotion.
Misconduct, incompetency, and/or inefficiency as
used in Section 1110 of the City Charter shahincludes, but is
not-13e limited to, any of the following:
(a) Conviction of a crime
(b) ,
96
rl If rl f + + ++h I' f n4horc r+
i r
.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 a
st~erio~e#iseran 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 bye ;^~'„~;g~inuse of
intoxicants.
(f) Offensive conduct or obscene language in public,
or towards the public, City officials, or employees, either on
or off duty.
97
(g) Incompetency e~inefficiency~ or repeated
inattention to duties in the performance of rewired-tob
duties.
(h) Carelessness or negligence with the s~eys
monies or other property of the City, e~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 payer or "~,.ara~er orwork assignment.
Q) 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
tf~e-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,
98
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,
while on or off duty, to influence the vote of another member
on duty for or against any candidate for municipal office.
(m) Willfully er-eexru~tl~making any false statements,
certificates, marks, ratings, or reports, or in any manner
committing or attempting ar~fraud against the City.
~a ., .hw.'ii~rl
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Section 2.04.~4A430. 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 ^~'-o,~,~;-or employee
may have because of any action affecting his or her terms or
conditions of employment shall be handled as~allsws:in
accordance with the grievance procedure in the applicable
Memorandum of Understanding.
100
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Section 2.04.~~0440.
, Appeals of
suspensions demotions and terminations.
101
'
Sity-Pstar~ageF ,
#- _~ h ,+ }h ~.R ~r'++nn c+o+o mont.~
+ t + 4 II h f h rl t +h ~ I Rn~r rl ~n
+ I t 'tL ' - L-' h t f 'I 4 nh ct ~+ n+ ^f
I +h ~„~„_, f+h ^,^I^;^^ 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 „a;~~ orth~
charge.. Tthe answer shall be
signed by the employee or the employee's representative
and shall set forth his or her mailing address. '~~,o rT~.:t
102
~1Z1 h u ~.,+w~.,.,.J ;., w~h ^^~..,or If the answer does
not request a hearing, the Personnel Board shall consider
the answer and may make such investigation as necessary,
and shaft-m~file +#a-a~findings and recommendations it
deems necessary as to disposition of the case with the City
Manager.
Section 2.04.x68 450 Request for hearing.
If the employee a-requests #eF-a hearing +s-seataiaed
;;Tax-a,.sv;~r~on a removal, demotion, or suspension
astiea, the Personnel Board shall hold an informal mitts
hearings"^n h., h^w h„+ho o.,.~~ ;;,,ol a.,~..+ within-l0-day&
thirty (30) calendar days or as soon as scheduling allows.
ft f'r 4 h -. ~++ c rh +'m .,.-0 ..loco oc droll ho
. ......y ....,..~ .. .... ..... . . ___......._ _.._ ~._.__ _._ ___...._ _
.The hearing date may be
postponed from time to time for good
cause. The notice of time and place set for the pubiie
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 ser~talnarrt-appellant by the Pie:
Human Resources Director. The notice shall be addressed
to the Een~4a+r~ant-appellant at his or her last known post
office address and sent by r^^^^'ai:personal delivery
103
or express mail delivery at least ~ fourteen (14) days prior to
the date of hearing.
Section 2.04.8460. Request for discovery
statement, writings.
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.
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Section 2.04.8470. Appearance at hearings.
~i'earings ea-sempla+nts-may be adjourned from
time to time only upon a showing of good cause. In the event
that the se~tptaiaaat-employee shahfails 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 cea}pla+naa~employee
106
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 Bboard, at its discretion, may set a new time
and place for the hearing.
Section 2.04.98480. Representation.
An sen~lalnant employee may elecf te-be
represented by counsel or other representative. If legal-the
employee obtains representation ,notice of
such representation shall be filed with the Personnel Board
at least forty-eight (48j hours prior to the time set for the
hearing.
Section 2.04.88490. Conduct of hearing-
Gente~pt.
All hearings before the Personnel Board shall be
p~Iie-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 aad-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 may be
107
made. The~",a;r,.,c„TChairperson of the Board shall have full
authority at all times to maintain orderly procedure and to
restrict the hearing to facts and witnesses that are relevant
to the Eer~la+r+tappeal and that are not unduly time
consuming cumulative prejudicial confusing or misleading.
The ~"a;r,„a; rChairperson of the Board alse-may
exclude from the hearing any or all other witnesses #rer~any
^"„~,-„ear:,=,g-during the examination of a witnessaN
~,h,~, ..;+,,,.....,_., .^ +"° "°^~:.,g for the matter thembefore the
Personnel Board. In the discretion of the Personnel Board,
the ~",a;rm,~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, #
} f.+ + ..+ r ~.I +n +h° hn rinn
If any person in proceedings before the Personnel
Board disobeys or resists any lawful order or refuses-fails to
108
respond to a lawfully issued subpoena, s~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 '~^~+."°c`hearing location as to obstruct the
proceeding, the Personnel Board may, pursuant to the
authority of Government Code Sections -X2511455.10 et
seq•, certify the facts to the superior court in and for the
county where the personnel hearings are held and ask- Tthe
COUrt ~hMll +h^'"~_r~^t0 issue an order directing the person to
appear before the court to show cause why he should not be
punished as-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 2.04.18500. Findings1~nd Csonclusions
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 pswerauthority, the S+fy-Ce~+aeilHuman
Resources Director, the City Attorney's Office, and the City
Manager, within ten 101 days after Eempletien-s~completing
the hearing and deliberations.
109
If the Personnel Board concludes that the appointing
authority suspended demoted or removed an emplovee
without lust cause its recommendation of reinstatement
without loss of pay shall be binding upon the appointing
authority who forthwith shall reinstate the emplovee. An
emplovee who is reinstated shall be entitled to back pay
minus any sum the emplovee has earned from other sources
during the period of absence.
If the Personnel Board concludes that the appointing
authority suspended, demoted, or removed an emplovee
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.
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Section 2.04.30510. Use of a hearing officer in
employee disciplinary hearings.
(~1. Use of Hearing Officer.
-At the request of an employee or if t,"~^ °^,r!cy°°
agreed-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., +" c"pry°`~~ +.":°
'll h h.~ rl h,i hn+h nnr+'n~
{~2. Selection of Hearing Officer.
-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
111
and shall
>v:a1+#eEa~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 (name remains,
who shall be the Hearing Officer.
(c3) 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
112
Hearing Officer is selected who is able to so schedule a
hearing date.
(s)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 the P_-.........~! °ccrc''° procedural rules
adopted by the Personnel Board.
(4d) Report of Hearing Officer.
(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
113
Attorney's Office. The City Attorney's Office shall send a
copy of the report to Bboth the employee and City hall-be
~, + .,~.,~ ^t+tio . ...,,+
.,., r...., ., ~~_...
(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 mss;,.^~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.
(e)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.
(b~) The Personnel Board has the power to adopt,
modify or reject the findings and recommendations of the
Hearing Officer based upon the record. ~ ...,^, "~::~~:~~r,
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(cS) The Personnel Board shall consider all written
objections to the report filed pursuant to Section
2.04.520~38(4d) and may, at its discretion, permit a brief
oral argument according to such rules as it may adopt.
(d4) The Personnel Board shall render its findings
and conclusions in writing not more than ten (10) days #re~
th ~w}v F 4h~ n~no;rJnrM}i_n of after it considers the Hearing
Officer's report, which shall
constitute the decision of the Personnel Board. A copy will
be sent to be#~i-partiesthe employee, appointing authority,
Human Resources Director City Attorney's Office, and City
Manager.
(#36. 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
115
provisions of Section 1.16.010 of this Code and Code of Civil
Procedure Section 1094.6.
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.
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Section 2.04.58520. Break in service.
A break in service (~,~~,~~°^:c'+.~; shall
occur when an employee is separated from #~ie-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
117
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 °-~:a;~reseltftien applicable
Memorandum of Understanding governing such increases.
This section shall not apply to situations in which an
employee's leave of absence is taken pursuant to federal or
state law.
Section 2.04.860530. Outside activities.
~ ~~,~„rt;,,,~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 Csity does not create a conflict with
the duties carried out for the City and is approved in advance
118
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
perceiveda conflict of responsibility or duty between the
employee's Ceity 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
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.; and Aany 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
119
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
bargaininq in accordance with state and/or federal law can
be changed through the collective bargaininq process and
incorporated in the applicable Memorandum of
Understanding or Resolution.
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.
120
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123
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131
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.
132
Reemployment Appointment Appointment from a
Civil Service reemployment list of an employee who was laid
off due to reduction of a budgeted position.
Position Chanqe. Chanqe 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 Pav
Increase" or "Pav 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 iob classification, whether
permanent or temporary.
Transfer Change of position between departments,
divisions or work units without promotion or demotion.
Transfer and Voluntary Demotion. Chanqe from
one position to another position with a lower maximum
salary and change between departments divisions or work
units.
133
Rate of Pav Change. A personnel transaction which
changes an employee's basic rate of pay without a change
of position.
Periodic Pav Increase. Increase in rate of pav 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 transfer or reclassification, when an
employee's salary remains at its current level until the pay
rate of the employee's new lob 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 pav increases.
Pav Status Chanqe. A personnel transaction which
places an employee temporarily in a non-pav status or which
returns him or her to duty and pav status.
Suspension. Temporary non-pay status and
absence from duty required by the appointing authority for
134
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.
135
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 falsificatidn of application form) or failure
to secure required certifications within the time specified at
136
time of hire, or because of information which, if known at
time of appointment would have disqualified the emplovee
for the appointment.
Separation (Legal Incompetence). Separation
because emplovee has been declared mentally incompetent
by a court of jurisdiction.
Separation (Disability). Separation of an emplovee
whose mental or physical condition renders him or her
inc~able 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 emplovee.
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
137
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:
L
MA HA ES MOUTRIE
City orn
138