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O2571City Council Meeting: March 27, 2018 .W:- MIT ► RET411 Santa Monica, California )-5--71 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2.04 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CIVIL SERVICE RULES AND REGULATIONS WHEREAS, the City of Santa Monica has a civil service system that was established to protect the public welfare by averting undue political influence upon public employees; and WHEREAS, the City can best serve the community by maintaining a civil service system that reflects best, current human resources practices, consistent with applicable State law; and WHEREAS, State Assembly Bill No. 1008 has added Government Code section 12952 making it an unlawful employment practice under the Fair Employment and Housing Act to seek or consider a job applicant's conviction history until after a conditional job offer is made, and requiring an employer to make an individualized assessment of an applicant's conviction history; and WHEREAS, State Assembly Bill No. 1487 has added Government Code section 20480 to limit out -of -class appointments to 960 hours in each fiscal year; and 1 WHEREAS, the Healthy Workplaces, Healthy Families Act of 2014 provides employees with certain entitlements to the accrual and use of paid sick leave; and WHEREAS, certain civil service provisions must be updated to conform to current practices and State law, and to facilitate administrative efficiency; 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 minor updates or changes necessitated by State law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 2.04.070 is hereby amended to read as follows: All applicants must complete a City employment application. The Human Resources Director, or designee, shall notify in writing those applicants who do not qualify for the examination. Qualifying applicants will be notified in writing of the time and place of examination. Applicants may be rejected for any of the following reasons: (a) Failure of the applicant to meet minimum qualifications of the position; (b) False or misleading statements or omissions by the applicant on his or her application with regard to any material facts; 014 (c) Any fraudulent practice by the applicant in connection with any phase of the recruitment and selection procedure; (d) Physical or psychological unfitness of the applicant with respect to the requirements of the position applied for, consistent with applicable law; (e) Prior separation of the applicant from City service; (f) Unsatisfactory conviction history of the applicant based on an individualized assessment consistent with applicable State law. Applicants for the police department who have arrests other than those arrests from which they were fully exonerated by the arresting authority, or by a competent court of law, or for minor violation, shall be disqualified; (g) Reasons, other than the foregoing, which would indicate unfitness of the applicant for the position, upon determination of the Human Resources Director approved by the Personnel Board; (h) When there is a need to limit the number of candidates based on an operational constraint of the Human Resources Department or City, only those candidates most qualified for the position, as determined by the Human 3 Resources Director or designee, will be invited to take the examination. SECTION'2. Santa Monica Municipal Code Section 2.04.160 is hereby amended to read as follows: Fingerprints shall be taken of all new employees, and conviction records will be obtained from state and federal authorities. Any employee who fails to give his or her complete conviction record at the time requested may be separated from employment. An employee determined not to have provided a complete conviction record shall have ten business days to present written documentation to the Human Resources Department proving that the official conviction record supplied by state or federal authorities is in error and the conviction information reported by the employee is correct, or that any omission was inadvertent and involved an arrest or conviction with no nexus to the job or a conviction(s) that was judicially dismissed, expunged, or sealed. No employee hired for a position in a park, playground, recreational center or beach, where the position has supervisory or disciplinary authority over minors, may begin work before his or her conviction record, and/or record of arrests pending adjudication, has been screened pursuant to requirements of State law. 9 SECTION 3. Santa Monica Municipal Code Section 2.04.180 is hereby amended to read as follows: When an eligible list for a particular classification is not available, or to otherwise meet the needs of public business, the appointing authority may make a temporary appointment for a period not to exceed one hundred eighty calendar days pursuant to Charter Section 1108, or 960 hours per fiscal year consistent with applicable State law, subject to the approval of the Human Resources Director and the City Manager and in accordance with rules adopted by the Personnel Board. SECTION 4. Santa Monica Municipal Code Section 2.04.320 is hereby amended to read as follows: Sick leave shall be defined as follows: (a) 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 (b) 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 611 (c) Other absences provided by resolution or memorandum(s) of understanding approved or adopted by the City Council. Each incumbent of a budgeted position shall accrue sick leave with pay as follows: (a) Sick leave shall be accrued one working day per month unless provided otherwise by a resolution or memorandum of understanding approved or adopted by the City Council; (b) Notwithstanding subdivision (a) above, for as - needed employees, sick leave shall be accrued consistent with applicable law, unless provided otherwise by a resolution or memorandum of understanding adopted or approved by the City Council; (c) A completed calendar month for which sick leave shall accrue is defined as a calendar month in which the employee has been in pay status for eleven or more working days or eighty-eight hours, whichever is greater, in that month; (d) For all employees, sick leave shall begin with the first day of illness or other covered condition as provided under applicable law, unless regulated otherwise by 9 resolution or memorandum of understanding approved or adopted by the City Council; (e) Maximum accumulation of sick leave days and payment in lieu of unused days may be further regulated by resolution or memorandum of understanding approved or adopted by the City Council; (f) Full-time employment, for purposes of this Section, shall be construed as the forty -hour week regardless of the hours actually worked in a calendar week. An incumbent in a position budgeted for less than forty hours per week shall accrue sick leave in the same proportion that the number of hours per week budgeted in that position bears to the forty - hour week; (g) Department Heads shall be responsible to the City Manager for the uses of sick leave. Department Heads may require supporting documentation for sick leave in excess of six consecutive working days; (h) When an employee's use of sick leave that is not protected under State or federal law exceeds average usage and/or interferes with the employee's job performance, the sick leave usage may be cited as a legitimate rating factor in 7 performance reviews even though use of sick leave has not exceeded accrued leave; (i) Management and supervisory employees are expected to exercise oversight of their departments, divisions, and work units, and excessive absences among management and supervisory employees may be cited as a legitimate rating factor in their performance reviews and the granting or withholding of a performance bonus for those employees who are eligible to receive a performance bonus; Q) An employee who is receiving disability payments under the Worker's Compensation Act of California may use accrued sick leave to supplement his or her worker's compensation benefit up to the amount of the employee's base salary; (k) An employee who is receiving disability payments under the Workers' Compensation Act of California shall, unless increased or decreased by a resolution or memorandum of understanding approved or adopted by the City Council, receive the difference between the disability payments under the Workers' Compensation Act and full salary during the first ninety days of such disability absence; (-j this period of ninety days or any portion thereof shall not be deducted from accrued sick leave; (1) The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or to extend the date of his or 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; (m) Any employee who is absent on sick leave shall notify his or her Department Head or other immediate supervisor as soon as practicable, consistent with applicable Department rules, or as otherwise provided in a memorandum of understanding approved and adopted by City Council; (n) At the request of the appointing authority, the Human Resources Director may require an employee to submit to an examination by the City's medical or psychological examiner, and if the results of the examination indicate that the employee is unable to perform his or her duties or in the performance of his or her duties exposes others to contagious illness, the employee shall be placed on sick leave until adequate medical evidence is submitted that M the employee is medically able, with or without an accommodation, to perform his or her duties, or will not subject others to contagious illness. SECTION 5. 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 6. 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 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 7. 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: LANE DILG —� City Attorney 10 Approved and adopted this 27th clay of March, 2018. J N - I -e Ted Winterer, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2571 (CCS) had its introduction on March 6, 2018, and was adopted at the Santa Monica City Council meeting held on March 27, 2018, by the following vote: AYES: Councilmembers McKgown, O'Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmembers Himrnelrich, Vazquez, O'Day ATTEST: aL�-Jja 226�4-11-« Denise Anderson -Warren, City Clerk Date A summary of Ordinance No. 2571 (CCS) was duly published pursuant to California Government Code Section 40806.