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
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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;
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(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
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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.
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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
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(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
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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
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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;
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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
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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
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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.