Alhambra Municipal Code Ch. 2.48 Civil Service

Section

Cross-reference:

For provisions concerning civil service in general, see Charter §§ 192b to 192g

Statutory reference:

For provisions concerning civil service for city employees, see Cal. Gov't Code §§ 45000 to 45210

(A) The provisions of article XXIVa, sections 192b to 192g, inclusive, of the charter of the city shall hereafter apply to all appointive employees of the city who are regular and full-time employees except: The City Manager; Police Judge; Chief of Police; Chief of the Fire Department; City Engineer; Street Superintendent; Superintendent of the Water Department; and members of the Board of Library Trustees; all employees of the public library; members of the Planning Commission; members of the Civil Service Commission; members of the Play-ground and Recreational Commission; and head of any other department now existing or hereafter created.

(B) All persons and only such persons as have been regularly employed by the city for the six months preceding the date upon which the notice to circulate the initiative petition for the adoption of this section was filed with the City Clerk and to whom article XXIVa of the charter is applied by the preceding section shall be deemed and are hereby declared to be in the civil service in their respective positions without examination.

('86 Code, § 2.48.010) (Ord. 1873, passed 11-8-38)

(A) The purpose and intent of the following sections of this chapter, and any and all amendments thereto which may hereinafter be adopted by the City Council, are to establish such further rules and regulations which are, or may become, necessary for the complete and efficient operation of the Civil Service Department.

(B) This chapter shall be known and may be cited as the “Personnel Rules and Regulations of the City of Alhambra.”

('86 Code, § 2.48.020) (Ord. 3898, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLOCATION. The assignment of a single position to its proper class in the position classification plan.

APPLICANT. A person who has filed an application to take a civil service examination.

APPOINTING AUTHORITY. The City Manager.

APPOINTMENT. The designation of a person by due authority to become an employee, signing of the proper forms to record that designation and acceptance by the person of the position and conditions as hereinafter provided in these rules.

CHARTER. The charter of the city of Alhambra.

CLASS or CLASSIFICATION. All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit their grouping under a common title and application with equity of common standards of selection, transfer, demotion, promotion and compensation.

CLASSIFIED SERVICE. All positions in the city's service to which article XXIVa of the charter of the city applies and which are not excepted by Initiative Ordinance No. 1873 (§ 2.48.010 of this code).

CODE. The Alhambra municipal code.

COMMISSION. The Civil Service Commission of the city of Alhambra.

CONTINUING SERVICE. The continuing service of a regular employee in a payroll status without interruption except for authorized leaves of absence.

COUNCIL. The City Council of the city of Alhambra.

DAYS. Calendar day unless specified to the contrary herein.

DEMOTION. The movement of an employee from one class to another class having a lower maximum rate of pay.

ELIGIBLE. A person whose name is on an employment list, promotional list or reemployment list.

EMPLOYEE. Any person holding a position in the city's service, either temporary or permanent.

EMPLOYMENT LIST. A list of names of persons who have taken an examination for a class in the classified service and have qualified.

EXAMINATION. The techniques used to select those most likely to succeed in performing duties of positions in the classified service for the purpose of establishing employment lists.

FULL-TIME POSITION. A position requiring the incumbent to work a standard work week for that position as provided for in § 2.50.010 of this code.

HOURLY EMPLOYEES. Those employees who are distinct from regular employees and are paid on an hourly basis.

LAY-OFF. The separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organizational changes.

PART-TIME POSITION. A position requiring the incumbent to work less than the standard work week for that position as provided for in § 2.50.010 of this code.

PERMANENT EMPLOYEE. A regular, full-time employee who has successfully completed the probationary period in his or her position after having been appointed from an employment list and has been retained as hereinafter provided in these rules.

PERSONNEL OFFICER. The personnel officer of the city, or if that position is vacant, the City Manager or his authorized designee.

POSITION. A group of duties and respon-sibilities requiring the full-time or part-time employ-ment of one person. A position can only be established by action of the City Council.

PROBATIONARY PERIOD. A working test period during which an employee is required to demonstrate his or her ability to perform the duties of his or her position and is subject to termination without cause.

PROMOTION. The movement of an employee from one class to another class having a higher maximum rate of pay.

PROMOTIONAL EXAMINATION. An exami-nation for a particular class which is open only to employees meeting the qualifications for that class.

PROMOTIONAL LIST. A list of names of persons who have taken a promotional examination for a class in the classified service and have qualified.

PROVISIONAL APPOINTMENT. A tem-porary appointment of a person whose name does not appear on an eligible list.

REEMPLOYMENT LIST. A list of names of probationary and regular employees who have been laid off.

REGULAR EMPLOYEE. An employee occupying a position established on a continuing basis, as distinct from an hourly employee.

REINSTATEMENT. The placing on an eligibility list without examination of a former regular employee or probationary employee who has resigned in good standing.

REMOVAL. Termination of employment as a result of disciplinary action. Discharge and dismissal shall be synonymous with removal.

SEASONAL APPOINTMENT. The same as temporary.

SUSPENSION. The temporary separation from the service of an employee for disciplinary purposes.

TEMPORARY APPOINTMENT. An appoint-ment of a person who possesses the minimum qualifi-cations established for a particular class and who has been appointed to a position in that class in the absence of available eligibles for a period of less than six months.

TEMPORARY EMPLOYEE.

(1) An employee who has been appointed to a temporary position or

(2) An employee who has been pro-visionally appointed to a permanent position without having been appointed from an eligible list.

TRANSFER. A movement of an employee from one position to another position in the same class, or from one class to another class having the same maximum salary, similar duties and basic qualifica-tions.

(‘86 Code, § 2.48.030) (Ord. 3898, passed - - ; Am. Ord. 4846, passed 6-23-25)

(A) Discrimination. All personnel actions, including appointments and promotions in the classified service, shall be made without regard to sex, race, age, national origin, color, religious or political affiliation.

(B) Political activities.

(1) No employee shall participate in political activities of any kind while in uniform.

(2) No employee shall engage in political activity during working hours or within city offices.

(3) No employee, directly or indirectly, shall knowingly solicit political funds or contributions from other city officers or employees or from persons on city employment lists.

(4) Nothing in this division (B) shall prohibit an off-duty employee from:

(a) Communicating through the mail, or by other means, requests for political funds or contributions to a significant segment of the public which may include city employees.

(b) Soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service system, or other working conditions of state or city employees.

(5) Nothing in this division (B) shall prohibit a recognized employee organization from soliciting funds and contributions from its own membership during off-duty hours.

(C) Amendment and revision of rules. Recom-mendations for amendment and revision of these rules may be made by the personnel officer after compliance with Cal. Gov't Code §§ 3500 et seq.

('86 Code, § 2.48.040) (Ord. 3898, passed - - ) Penalty, see § 1.12.010

Pursuant to article XXIVa of the Alhambra city charter, the Civil Service Commission shall have the following duties and powers:

(A) The Commission shall hear administrative review appeals as prescribed in this chapter.

(B) In any investigation or hearing conducted by the Commission, the Commission shall have the power to examine witnesses under oath and compel their attendance and/or production of evidence by subpoenas issued in the name of the city and attested by the City Clerk. Refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution by the city in the same manner as provided for by the general laws of this state.

(C) Each member of the Commission shall have the power to administer oaths to witnesses.

(D) The findings and recommendations of the Commission shall be final.

(E) The Commission shall have the power to provide general rules and regulations for the classifi-cation of employees.

(F) The Commission shall have the power to provide regulations with respect to the civil service examinations on the subjects described in the charter.

(G) The Commission and the Personnel Officer shall determine the records to be maintained for employees in the classified service.

('86 Code, § 2.48.050) (Ord. 3898, passed - - )

The Personnel Officer shall:

(A) Administer all the provisions of this chapter, the personnel rules and regulations adopted here-under, and other personnel matters not specifically reserved to the City Council or the Civil Service Commission;

(B) Provide for the preparation and recommendation of personnel rules and regulations and revisions and amendments thereto as appropriate;

(C) Provide for the preparation and recommendation of a position classification plan, including class specifications and revisions thereto;

(D) Provide for the preparation and recommendation of a compensation plan and revisions thereof, covering all classifications in the classified service;

(E) Provide for the preparation and recommendation of rules and regulations relating to employer-employee relations and equal employment oppor-tunity;

(F) Encourage and exercise leadership in the development of effective personnel administration within the various city departments;

(G) Establish and maintain records of all city employees in which there shall be set forth as to each employee the class, title, pay or status, and other relevant data;

(H) Report periodically to the City Council and/or the Civil Service Commission on the admini-stration of the personnel system and other personnel matters as appropriate; and

(I) Develop and implement other policies and administrative regulations, not inconsistent with this chapter or the charter, as may be proper and necessary for implementation and/or enforcement.

('86 Code, § 2.48.060) (Ord. 3898, passed - - )

(A) Preparation of the plan. The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the classified service, and after consultation with heads of depart-ments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specifications. The classification plan shall be so developed and maintained that all positions sub-stantially similar with respect to duties, responsi-bilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

(B) Adoption of the plan. Before the classifi-cation plan, or any part thereof, shall become effective, it shall first be approved by the City Council. Upon adoption, provisions of the plan shall be observed in the handling of all personnel actions. The plan may be amended or revised as necessary in the same manner as originally established.

(C) Allocation of positions. The Personnel Officer shall allocate each and every position in the classified service to one of the classes established by the plan.

(D) New positions. When a new position is created, before the same may be filled, the appointing authority shall notify the Personnel Officer; and, except as otherwise provided by ordinance or these rules, no person shall be appointed to the position until the classification plan has been amended to provide therefor and an appropriate employment list established.

(E) Reclassification. Positions which have changed materially so as to necessitate reclassification shall be allocated by the Personnel Officer to a more appropriate class in the same manner as originally classified and allocated. Reclassification shall not be used to avoid restrictions surrounding demotions and promotions. Upon the recommendation of the depart-ment head and/or Personnel Officer, the incumbent of a reclassified position may be appointed to that position by the appointing authority with the approval of the City Council.

('86 Code, § 2.48.070) (Ord. 3898, passed - - )

(A) Application forms. Applications shall be made on forms provided by the Personnel Office. Such forms shall require information covering educa-tion, training, experience, and other pertinent information. All applications must be signed by the person applying.

(B) Qualification and disqualification.

(1) The Personnel Officer may reject any application which indicates that the applicant:

(a) Does not possess the qualifications required for the position;

(b) Is addicted to the habitual excessive use of drugs or intoxicating liquor;

(c) Has been convicted of a felony;

(d) Has been convicted of a crime involving moral turpitude;

(e) Made any material false statement therein; or

(f) Has not satisfactorily completed his or her application.

(2) Whenever an application is rejected, the applicant shall be so advised. Incomplete applications may be returned to the applicant for completion; provided, however, the time limit for receiving applications has not expired. All applicants must attest, under penalty of perjury, to the truthfulness of the statements made in the application. Such attestation will be evidenced by the applicant's signature.

('86 Code, § 2.48.080) (Ord. 3898, passed - - )

(A) Recruitment and selection. Competition for positions in the classified service shall be open to all applicants who meet the qualifications established for the position for which application is made. There may be open examinations or promotional examina-tions.

(B) Promotional examinations. Promotional examinations may be conducted upon recommenda-tion of the affected department head and approval of the Personnel Officer. Only employees who meet the requirements set forth in the promotional examination announcements may compete in pro-motional examinations.

(C) Continuous examination process. With respect to selected entry-level position classifications, the Personnel Officer may administer successive identical examinations to qualified applicants upon application, or at such times as the Personnel Officer may deem appropriate. The resulting scores shall be combined on an employment list with a notation as to date of examination. The removal of names shall be in accordance with rules governing employment lists. Applicants who fail an examination conducted under this subsection shall be ineligible to retake the examination for a period of six months after the date when the first examination was taken. Constructive notice shall be provided prior to the administration of the continuous examination process.

(D) Types of examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques; including, but not limited to, achievement and aptitude tests, or other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work sampler, or any combination of these which will, in the judgment of the Personnel Officer, test fairly the qualifications of candidates. Physical, medical and psychological tests may be given as part of any examination. In any examination, the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

(E) Conduct of examinations. The Personnel Officer shall be responsible for weighting the examinations and for the manner, methods, and by whom examinations shall be prepared and admini-stered. The City Council may contract with any competent agency or individual for the preparation and administration of examinations.

(F) Scoring examinations and qualifying scores. A candidate's score in a given examination shall be the average of his or her score for each competitive part of the examination. Failure in one part of the examination shall be grounds for declaring such applicant as failing the entire examination or as disqualified for subsequent parts of the examination.

(G) Physical examinations. Applicants will be advised of physical requirements and may be offered employment conditioned upon their passing a physical examination designed to test for job-related physical requirements.

(H) Notification of examination results. Each candidate in an examination shall be given written notice of whether he or she passed or failed. Where allowed by law or contract, examinees competing for promotional positions may examine, within five days of the examination date, question and answer sheets and rating notes with which to review and verify the accuracy of the scoring process.

(‘86 Code, § 2.48.090) (Ord. 3898, passed - - ; Am. Ord. 4846, passed 6-23-25)

(A) Employment lists. As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employ-ment list containing the names of eligibles who qualified in the examination.

(B) Duration of employment lists. An employ-ment list shall remain in effect for six months, unless abolished sooner by the Personnel Officer because it contains less than three eligibles. Employment lists may be extended, prior to their expiration, upon the recommendation of the affected department head and with the approval of the Personnel Officer, for additional six-month periods, but in no event shall an employment list remain in effect for more than two years.

(C) Reemployment lists. The names of employees who have been laid off shall be placed on appropriate reemployment lists in reverse order of their dates of layoff.

(D) Removal of names from lists. The name of any person appearing on an employment list shall be removed if the person:

(1) Requests that his or her name be removed;

(2) Fails to respond to the notice of appointment consideration mailed to his or her last- known address;

(3) Made false statements on his or her application or other material submitted in support of his or her qualifications for the position;

(4) Fails to appear for work after notifica-tion;

(5) Declines appointment and does not request further consideration; or

(6) Is on a promotional list and terminates city employment.

(E) Alternative recruitment and selection for police officers. Upon the recommendation of the Chief of Police and concurrence by the Personnel Officer, variations from the standard recruitment in the selection process shall be permitted for the entry-level position classification of police officer. Candi-dates for the following methods of entry must meet the minimum requirements for the classification and entry method and must successfully complete an examination process designed by the Personnel Officer.

(1) Lateral entry. The position of police officer may be filled by lateral entry, providing the applicant possesses a P.O.S.T. Basic Certificate and is currently serving as a sworn officer in the state of California.

(2) Pre-service. The position of police officer may be filled by pre-service candidates; providing the applicant has successfully completed the P.O.S.T. Certified Basic Training Course (not to exceed one year from date of application) for a full-time, salaried peace officer as authorized by Cal. Penal Code § 13510 and the training outline in Cal. Penal Code § 832.

(3) Reserve peace officer. The position of police officer may be filled by a reserve peace officer, providing the applicant has successfully completed a P.O.S.T. basic training course as authorized by Cal. Penal Code § 832.6(a)(1), is certified by the Commission on Peace Officers Standards and Training as a level one reserve peace officer, possesses a valid P.O.S.T. basic reserve, first-aid, and CPR certificates; and has a minimum of one year of service as a reserve police officer or deputy sheriff with a city or county within the state of California and is serving as such at the time of his or her employment.

(4) Police cadet or parks and recreation officer.

(a) The position of police officer may be filled by a police cadet or a parks and recreation officer, providing the applicant has a minimum of six months of service as a police cadet or parks and recreation officer and is employed as such by a city or county within the state of California at the time of his or her employment.

(b) A separate eligibility list shall be established for those candidates that quality for the position of police officer under the lateral entry, pre-service, reserve peace officer, or police cadet or parks and recreation officer process.

(F) Alternate recruitment and selection for public safety dispatchers. Upon the recommendation of the Chief of Police and concurrence by the Personnel Officer, variations from the standard recruitment and selection process shall be permitted for the entry-level position classification of public safety dispatcher. Candidates for the following methods of entry must meet the minimum require-ments for the classification and entry method and must successfully complete an examination process designed by the Personnel Officer.

(1) Lateral entry. The position of public safety dispatcher may be filled by lateral entry, providing the applicant possesses a P.O.S.T. Basic Dispatcher Course Certificate and has a minimum of one year of service as a full-time, salaried public safety dispatcher with the state of California at the time of his or her employment.

(2) Police cadet or police service officer.

(a) The position of public safety dispatcher may be filled by a police cadet or a police service officer, providing the applicant has a minimum of two years of service as a police cadet or police service officer and is employed as such by a city or county within the state of California at the time of his or her employment.

(b) A separate eligibility list shall be established for those candidates who qualify for the position of public safety dispatcher under the lateral entry or police cadet or police service officer process.

(G) Alternate recruitment and selection for fire fighters. Upon recommendation of the Fire Chief, and concurrence by the Personnel Officer, variations from the standard recruitment in the selection process shall be permitted for the entry level position classification of fire fighter. Candidates for the following methods must meet the minimum requirements for the classification and entry method, and must successfully complete an examination process designed by the Personnel Officer.

(1) Lateral entry. The position of fire fighter may be filled by lateral entry; providing the applicant possesses a California State Fire Fighter I Certificate, is currently certified as an E.M.T.-1 or higher, and has a minimum of one year of service as a full-time, salaried fire fighter within the state of California at the time of his/her employment.

(2) Pre-service. The position of fire fighter may be filled by pre-service candidates; providing the applicant possesses a California State Fire Fighter I Certificate or equivalent, and is currently certified as an E.M.T.-1 or higher, and has a minimum of two years of service as a full-time, salaried fire fighter, with no more than three years interrupted service.

(3) Fire fighter cadet.

(a) The position of fire fighter may be filled by a fire cadet; providing the candidate possesses a California State Fire Fighter 1 Certificate, is currently certified as an E.M.T.-1 or higher, has a minimum of six months as an Alhambra Fire Cadet, or a minimum of one year as a volunteer or paid cadet or auxiliary with a city, county or district within the state of California and is serving as such at the time of his/her employment.

(b) A separate eligibility list shall be established for those candidates that qualify for the position of fire fighter under the lateral entry, pre-service or fire fighter cadet process.

(‘86 Code, § 2.48.100) (Ord. 3898, passed - - ; Am. Ord. 4151, passed - - ; Am. Ord. 4197, passed - - ; Am. Ord. 4268, passed 3-28-94; Am. Ord. 4484, passed 8-7-06; Am. Ord. 4735, passed 5-14-18)

(A) Types of appointments. All vacancies in the classified service shall be filled by rehire, transfer, demotion, or from eligibles on an appropriate employment list in the absence of persons eligible for appointment in these ways, provisional, or acting appointments may be made in accordance with these rules.

(B) Notice to Personnel Officer. Whenever a vacancy in the classified service is to be filled, the affected department head shall notify the Personnel Officer. The Personnel Officer shall advise the concerned department head as to the availability of applicants for reinstatement, transfer, or demotion and of eligibles on employment lists for the class. The department head shall then indicate a preference as to how the vacancy should be filled, with the exception, however, that if a reemployment list exists for the class, it shall be used to fill the vacancy.

(C) Appointments from lists. The concerned department head may select an eligible from the three persons holding the highest rating on an employment list. Whenever there are fewer than three names on a promotional or open list, the department head may request that an appointment be made from such eligibles or request the establishment of a new list. Upon making his selection, the department head shall immediately notify the Personnel Officer. The Personnel Officer shall then notify the appointing authority, and upon his concurrence, shall thereupon notify the person to be appointed.

(D) Promotion.

(1) Insofar as is practicable and consistent with the best interest of the city, vacancies within the classified service shall be filled by promotion from within the classified service as well as from city employees not part of the classified service, after a closed promotional examination has been given and a promotional list established.

(2) If, in the opinion of the concerned department head prior to the examination process, a vacancy in the position could be better filled by an open examination instead of a promotional examination, the department head may request the Personnel Officer to arrange for an open examination and for the preparation and certification of an eligible list. In addition, any city employee may participate in an open examination.

(E) Transfer. An employee may be transferred at any time from one position to another in the same or comparable class. No person may be transferred to a position for which he does not possess the minimum qualifications.

(F) Rehire. An employee who has resigned in good standing may be rehired without examination within two years after the effective date of his or her resignation to a position in his former or comparable class. A rehired employee shall serve a probationary period and in all respects be treated as a new employee.

(G) Provisional appointment. In the absence of employment lists and upon recommendation of the personnel officer, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be estab-lished within six months for any position filled by provisional appointment. For purposes of classifica-tion and compensation, provisional appointees have the same status as hourly or temporary employees, except that regular employees on provisional appoint-ment to a higher class shall continue to receive supplemental benefits.

(H) Acting appointment. The appointing authority may temporarily appoint a regular employee who possesses the minimum qualifications for a higher class to act in that higher class and perform essentially the full range of duties allocated to a position in that higher class as needed to fill in for a regular employee. Acting assignments shall not exceed six months.

(Ord. 3898, passed - - ; Am. Ord. 4244, passed - -93)

(A) Length of probationary period.

(1) All original, reinstatement and promotional appointments shall be subject to a probationary period of one year, unless otherwise negotiated and memorialized in a memorandum of understanding with a recognized employee bargaining group. In each case, the appointee shall be informed on the length of the probationary period before he or she begins service. A leave of absence, other than vacation, in excess of two weeks shall cause the probationary period to be extended by the length of such leave.

(2) Prior to expiration of an employee's probationary period, the employee's supervisor with the approval of his or her department head, shall recommend to the appointing authority that one of the following actions be taken:

(a) Grant the employee permanent status.

(b) Extend the probationary period for a period not to exceed six months.

(c) Terminate original appointment employee or return promotional probationary employee to his or her former class.

(3) Notification to the Personnel Officer of the recommended action shall be accomplished by a performance evaluation on the employee completed within the 30-day period immediately preceding the date when the employee's probationary period is due to expire.

(B) Objective of the probationary period. The probationary period is part of the examination process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his or her position.

(C) Termination of probationer. During the probationary period, an employee may be terminated or rejected without cause. Any employee rejected during, or at the expiration of, a probationary period following a promotional appointment shall be reinstated to the position from which he or she was promoted, and no probation period shall be served if the employee held permanent status in the position.

(‘86 Code, § 2.48.120) (Ord. 3898, passed - - ; Am. Ord. 4838, passed 9-9-24)

(A) Leave of absence without pay. The Personnel Officer may grant an employee a leave of absence without pay for a period not to exceed six months. Any leave of absence for a period longer than six months may be approved at the discretion of the City Council. Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure of an employee on leave to report promptly at its expiration shall be cause for discharge. An employee on a leave of absence in excess of two weeks shall not receive or accrue any employee benefits.

(B) Attendance. Employees shall be in attendance at their work in accordance with rules regarding hours of work, holidays and leaves. Failure on the part of an employee, absent without leave, to return to duty after receipt of notice to return shall be cause for discipline. The preceding notwithstanding, an employee absent without leave for three consecu-tive work days shall be discharged unless the employee can present justification acceptable to the city for such absence.

(C) Additional employment. Any full-time employee desiring to accept employment in addition to his city employment shall secure the approval of the appointing authority and Personnel Officer. The employee may be required to furnish proofs that both he or she and the secondary employer will insure against all acts relating to the additional employment and hold the city harmless from liability arising out of the acts. Such approval shall not be given if the employment is incompatible with his or her city responsibilities. The incompatibility may arise from either the time or nature of the outside employment. In determining incompatibility, it shall be recognized that many city positions require employees to be available at times additional to their regular working hours.

('86 Code, § 2.48.130) (Ord. 3898, passed - - )

(A) Assignment of responsibility. Each depart-ment head shall be responsible for the provision of orientation, induction and on-the-job training and assisting in the continuing development of each employee in his department.

(B) Training time. Training to improve the quality of work of the employee in his or her present position shall be considered city business and may be conducted during or after regular working hours. Training to prepare an employee for promotion shall be on the employee's own time unless it is to the city's best interest to use work time, as determined by the respective department head with the approval of the Personnel Officer.

(C) Credit for training. Participation in the successful completion of training courses and activities may be considered in making advances and promotions. Evidence of such activity may be filed by the employee with the Personnel Officer.

('86 Code, § 2.48.140) (Ord. 3898, passed - - )

Acceptance of employment by an eligible candidate means that he or she has agreed to follow the city's safety rules and methods. It shall be the responsibility of the respective supervisors to promote safety consciousness among the employees and provide training of safe practices. The city's policy regarding safety incorporates the following considerations and conditions:

(A) Safety rules must be followed by all employees;

(B) The city shall provide all employees with safe working conditions and safety equipment deemed necessary by the city;

(C) Violators of safety rules are subject to discipline;

(D) An employee who is injured within the course and scope of employment must report for medical attention and notify his supervisor immediately.

('86 Code, § 2.48.150) (Ord. 3898, passed - - )

(A) Purpose of complaint and grievance pro-cedure. It is the city's purpose to provide an effective and acceptable system whereby employees can seek resolution of grievances or complaints on matters affecting their jobs. All levels of admini-stration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMPLAINT. An allegation or charge that a wrong has been committed.

COMPLAINT PROCEDURE. The process by which a determination is made whether or not a wrong has been committed.

GRIEVANCE. An expressed claim by an employee that the city has violated, misinterpreted or misapplied an obligation to the employee as such obligation is expressed and written in the charter, code or this personnel ordinance.

GRIEVANCE PROCEDURE. The process by which the validity of a grievance is determined.

REPRESENTATIVE. A person who, at the request of the employee or management, is invited to participate in grievance conferences and complaint conferences as specified herein.

(C) Complaint procedure.

(1) The employee should review any complaint with his supervisor. The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.

(2) If the action taken by his or her immediate supervisor is not satisfactory, the employee may take his or her complaint to successive levels of supervision, as determined by the chart of administrative organization, up to and including the City Manager. The employee may have a representative at complaint conferences at the department head level and above.

(D) Grievance procedure.

(1) Step one. The employee shall inform his or her immediate supervisor, orally or in writing, of his or her grievance and relevant facts within ten work shifts or business days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his or her immediate supervisor within two work shifts or business days after the employee has expressed the grievance. The immediate supervisor shall advise the employee of his or her decision within two work shifts or business days following the conference.

(2) Step two. If the grievance is not resolved in step one, the employee shall put the grievance in writing and submit two copies to his or her immediate supervisor and department head not later than five work shifts or business days following completion of step one. The written grievance shall include a citation of the sections of the charter, code or this personnel ordinance alleged to have been violated and the remedy sought by the employee. The department head shall review the grievance and meet with the employee and give his or her written decision to the employee within five work shifts or business days from receipt of the grievance.

(3) Step three.

(a) In the event the grievance is not resolved in step two, the employee may submit his or her grievance to the City Manager, or his or her designee, not later than five work shifts or business days following completion of step two. The City Manager, or his or her designee, shall have five work shifts or business days in which to review the matter. At the completion of his or her review, the City Manager, or his or her designee, shall render a decision in writing to the employee and other concerned parties. The employee may be represented by anyone of his or her choosing at the City Manager's, or his or her designee's, hearing.

(b) The decision of the City Manager, or his or her designee, shall be final in all cases.

(E) General provisions.

(1) No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.

(2) Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the personnel officer and given appropriate distribution. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files.

(3) Failure at any step of this process to communicate the decision on the grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.

(4) The grievant shall be present at all steps of the procedure.

(5) Failure at any step of the procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.

(6) The time limits specified at any step in this procedure may be extended by mutual agreement.

('86 Code, § 2.48.160) (Ord. 3898, passed - - ; Am. Ord. 4216, passed - - )

(A) Disciplinary action. Disciplinary action refers to actions by management directed to the modification of employee conduct which is contrary to the best interests of the public service. It is primarily educational and corrective in nature and taken in response to acts or a failure to act on the part of the employee. Disciplinary action does not include demotions, pay reductions, and layoffs resulting from service modifications, general cost reduction programs, or organizational changes. The following disciplinary actions may be taken against any employee:

(1) Oral and written reprimands. Informal (oral) or formal (written) notification of performance or conduct deficiencies.

(2) Suspension. The temporary separation from the service of an employee for disciplinary purposes.

(3) Salary reduction. A reduction in pay from the employee’s current step within a pay range to a lower step within that same range as provided in the city’s salary ordinance and/or resolution and schedule of salary ranges.

(4) Demotion. Involuntary movement from a position in one class to a position in another class having a lower salary range.

(5) Dismissal. Discharge from the city service.

(B) Cause for disciplinary action. An employee shall be subject to discipline for misconduct, incompetency, inefficiency or failure to observe the rules and regulations of the department, or to cooperate reasonably with his or her superiors or fellow employees, or for violation of these rules, or for other reasonable causes. In addition to the foregoing, the following is a nonexclusive list of the more common causes for disciplinary action:

(1) Violation of city policies, ordinances, rules and regulations.

(2) Failure to maintain job performance standards.

(3) Failure to maintain adequate personal appearance.

(4) Lack of cooperation and courtesy.

(5) Insubordination.

(6) Carelessness.

(7) Failure to comply with these rules regarding attendance and working hours.

(8) Violation of a safety rule.

(9) Failure to prepare and/or maintain prescribed records (such as, falsifying, concealing, misusing, mutilating or removing).

(10) Willful concealment of pertinent information from supervisors.

(11) Physical abuse or threats directed at supervisors, co-workers, or the public.

(12) Willful damage of city property.

(13) Theft of city property or property of others.

(14) Under the influence of alcohol while on duty.

(15) Using, possessing, or being under the influence of illegal drugs or illegal narcotics while on duty.

(16) Conviction of a crime affecting job performance. However, conviction is not a prerequisite to disciplinary action.

(C) Notification of proposed disciplinary action. An affected employee shall be given prior notice of proposed disciplinary action, except reprimands. Notification shall include a statement of the proposed action and the reasons therefor, together with the right to request the materials upon which the action is based and to respond, either orally or in writing, to the authority initially imposing discipline.

(D) Records of disciplinary actions.

(1) Filing of records. Records of disciplinary actions will be filed in the confidential portion of an employee’s personnel file. This section shall not be open without the permission of the Personnel Officer.

(2) Records purging. Records of disciplinary actions shall be purged five years after the date of the action was taken unless there are subsequent disciplinary actions in the same or related areas.

(E) Administrative review.

(1) Right to administrative review. Any permanent employee in the classified service, shall have the right to an administrative review of a disciplinary suspension, salary reduction, demotion or dismissal. The administrative review, as hereinafter defined in division (E)(2) of this section shall be conducted prior to the effective date of the disciplinary action, unless unusual circumstances justify an effective date which makes prior review unfeasible. In this event, the review shall be conducted within a reasonable period of time after the effective date of the disciplinary action.

(2) Administrative review process. A department head considering disciplinary action subject to the administrative review process shall serve the affected employee with a written notice of the proposed action and the time period within which a written request for an opportunity to be heard orally or in writing may be filed by the employee. If the employee requests, he or she shall be provided copies of materials upon which the proposed disciplinary action is based.

(a) Upon receipt of the employee’s written request, the department head shall conduct any further necessary investigation and meet with the employee within five work shifts or business days. At the conclusion of this meeting and within five work shifts or business days after the meeting, the department head shall concurrently serve a written decision upon the employee and the Personnel Officer.

(b) When the dismissal of a permanent employee is under consideration, the appointing authority, or his or her designee, shall participate in the meeting and must concur in the decision of the department head, if the department head decides to terminate the employee before the employee is served with the written decision. The written decision of the department head shall be in the form of a notice of whatever action the department head has decided upon and shall be served upon the affected employee, with a copy of same being filed concurrently with the Personnel Officer and the Civil Service Commission.

(c) If the permanent employee is dissatisfied with the decision of the department head, and if such decision involves any of the disciplinary actions set forth in § 2.48.180(A) (Rule XVII) of this code, the employee may appeal the decision to the Civil Service Commission within 15 days after receipt of such decision.

(F) Firefighters. The procedures in § 2.48.170 (C) and (E) shall not apply to a firefighter, as defined in § 2.48.181, who is subject to the procedures set forth in § 2.48.181. A firefighter who is not subject to the procedures set forth in § 2.48.181 shall remain subject to the procedures in this § 2.48.170, including divisions (C) and (E).

(‘86 Code, § 2.48.170) (Ord. 3898, passed - - ; Am. Ord. 4671, passed 5-26-15)

(A) Right to appeal. Permanent employees shall have the right to appeal any of the following disciplinary actions to the Civil Service Commission:

(1) Suspension.

(2) Salary reduction.

(3) Demotion.

(4) Dismissal.

(B) Method of appeal. Appeals shall be in writing, signed by the appellant or his representative and filed with the Personnel Officer within 15 days after the appellant has been notified in writing of the final decision with respect to his or her disciplinary action. The Personnel Officer then, within ten days after receipt of the appeal shall inform each member of the Civil Service Commission, the City Manager and such other persons or officers named or affected by the appeal. The appeal shall be a written statement, addressed to the Civil Service Commission, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant. The formality of a legal pleading is not required. The appellant, in his or her appeal, shall indicate whether he or she desires an open or closed hearing before the Civil Service Commission. A request for a closed hearing shall be approved in accordance with division (E) of this section.

(C) Notice. Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal which date shall not be less than ten days nor more than 30 days from the date of filing. However, such time limits may be waived upon the mutual consent of the appellant and the Personnel Officer. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing.

(D) Hearing. The appellant shall appear personally, unless physically unable to do so, before the Civil Service Commission at the time and place of the hearing. He or she may be represented by any person he or she may choose and present any relevant evidence. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the President of the Civil Service Commission, with due regard to the rights and privileges of the parties appearing before the Civil Service Commission. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Proceedings of the hearings shall be recorded by a certified shorthand reporter at the city’s expense; however, transcription expenses shall be paid by the party requesting the transcript.

(E) Public hearings. Hearings conducted by the Civil Service Commission shall be public. However, such hearings shall be conducted in private if they pertain to the appointment, employment or dismissal of a classified employee or pertain to the hearing of a complaint or charge brought against an officer or employee of the city, unless such officer or employee requests a public hearing. The Civil Service Commission may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter being investigated. The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(F) Order of proof. The procedures in any appeal hearing shall be as follows:

(1) Opening statements.

(2) The city shall present evidence in support of its position.

(3) The employee shall present evidence in support of his or her position.

(4) The parties may then offer rebuttal and sur-rebuttal evidence, respectively.

(5) All evidence must be relevant and material to the issues, and the Civil Service Commission’s decision concerning the relevance or materiality of evidence shall be final.

(6) Following the presentation of evidence, each side shall be permitted to argue the case to the Civil Service Commission. The order of arguments shall be as follows:

(a) The city shall be permitted to present its opening argument;

(b) The employee, or his or her representative, presents an argument;

(c) The city shall be permitted to present a final argument.

(7) The burden of proof on establishing the charges is upon the city.

(8) The burden of proof is by a preponderance of the evidence.

(G) Findings and action. Within 30 days after conclusion of a hearing, the Civil Service Commission shall submit its findings and decisions in writing to the City Manager and the appellant. Such findings and decisions shall be final.

(H) Firefighters. The procedures in this section shall not apply to a firefighter, as defined in § 2.48.181, who is subject to the procedures set forth in § 2.48.181. A firefighter who is not subject to the procedures set forth in § 2.48.181 shall remain subject to the procedures in this section.

(‘86 Code, § 2.48.180) (Ord. 3898, passed - - ; Am. Ord. 4671, passed 5-26-15)

(A) Introduction and applicability. The following procedures are adopted pursuant to the Firefighters Procedural Bill of Rights Act as contained in Sections 3250 et seq. of the California Government Code and so are intended to comply with the applicable provisions of Sections 11500 et seq. of the California Government Code (collectively, the Administrative Procedures Act,) and of Sections 1000-1050 of Title 1 of the California Code of Regulations (collectively, regulations of the Office of Administrative Hearings). To the extent any of the following procedures expressly conflict with an applicable requirement of the Firefighters Procedural Bill of Rights Act, Administrative Procedures Act, or regulations of the Office of Administrative Hearings, the applicable statutory or regulatory provision shall control. These procedures shall not apply to an employee who does not meet the definition of a firefighter in this section.

(B) Scope. This section shall establish the procedures for issuance, administrative review, and appeal of a “punitive action” imposed on a “firefighter,” as those terms are defined in division (D). These procedures shall apply when the punitive action is based solely on events and circumstances involving the performance of a firefighter’s official duties, within the meaning of Sections 3250 et seq. of the California Government Code. The procedures in § 2.48.170(C) and (E) and § 2.48.180 shall not apply to a firefighter who is subject to the procedures set forth in this § 2.48.181.

(C) Supplemental rules. The City Manager or his or her designee is authorized to adopt supplemental rules for the conduct of appeal hearings governed by these procedures.

(D) Definitions.

(1) ALJ. The term ALJ refers to an administrative law judge on the staff of the Office of Administrative Hearings. References to ALJ, alone, in these procedures do not include members of the Commission.

(2) COMMISSION OR COMMISSIONER. The term COMMISSION or COMMISSIONER refers to the members of the Civil Service Commission of the City of Alhambra. References to the COMMISSION or COMMISSIONER in these procedures do not include the ALJ.

(3) FIREFIGHTER. The term FIREFIGHTER includes city employees who have completed any applicable probationary period and hold one of the following job classifications: Assistant Fire Chief/Fire Marshal, Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, and Firefighter.

(4) NOTICE OF APPEAL. The term NOTICE OF APPEAL refers to the document that may be submitted by a firefighter to appeal a punitive action in accordance with this section. For purposes of this section, a NOTICE OF APPEAL shall be considered to be a “notice of defense” within the meaning of Sections 11500 et seq. of the California Government Code.

(5) OAH. The term OAH refers to the Office of Administrative Hearings at the Los Angeles regional office to which the case is assigned.

(6) PARTY OR PARTIES. The terms PARTY or PARTIES may refer to the city or the firefighter who is subject to the punitive action, or both.

(7) PUNITIVE ACTION. The term PUNITIVE ACTION shall be as defined in Section 3251(c) of the California Government Code, specifically, written reprimand, suspension, reduction in pay, demotion, dismissal, and transfer for purposes of punishment. Where applicable, the definition of these terms shall be the same as in § 2.48.170.

(8) SERVE OR SERVICE. The terms SERVE or SERVICE mean delivery of a document by the means specified in Title 1, Section 1008 of the California Code of Regulations.

(9) WRITTEN DECISION. For purposes of this section, a WRITTEN DECISION shall be considered to be an “accusation” within the meaning of Sections 11500 et seq. of the California Government Code when punitive action is imposed. The WRITTEN DECISION is the written document notifying the firefighter of the punitive action.

(E) Notice of proposed punitive action. A firefighter for whom punitive action is proposed, shall be served with a written notice of the proposed punitive action and the time period within which a written request for an opportunity to be heard orally or in writing may be filed by the firefighter. Notification shall include a statement of the proposed punitive action and the reasons therefor, together with the materials upon which the punitive action is based and the right to respond, either orally or in writing.

(F) Administrative review of punitive action.

(1) Right to administrative review of punitive action. A firefighter shall have the right to request an administrative review of a punitive action. The administrative review shall be conducted prior to the effective date of the punitive action.

(2) Process for administrative review of punitive action.

(a) Upon receipt of the firefighter’s written request to respond to a proposed punitive action, the Fire Chief or his or her designee shall conduct any further necessary investigation and meet with the firefighter within five work shifts or business days to conduct the administrative review meeting.

(b) When the termination of a firefighter is under consideration, the appointing authority, or his or her designee, may participate in the administrative review meeting and, if the Fire Chief decides to terminate, the appointing authority, or his or her designee must concur in the decision of the Fire Chief before the firefighter is served with the written decision.

(G) Procedures following administrative review.

(1) Written decision imposing punitive action.

(a) Timing. At the conclusion of the administrative review meeting, if the Fire Chief or his or her designee decides to impose punitive action, he or she shall serve a written decision upon the firefighter and the Personnel Officer within 30 days.

(b) Content. A written decision that imposes punitive action on a firefighter shall contain a statement of charges, which sets forth a description of the acts or omissions in violation of city rules, policies, or practices that support the punitive action imposed. The written decision shall further identify the effective date of the punitive action, which shall be no sooner than 48 hours from the decision of the Fire Chief or his or her designee.

(c) Enclosures. A written decision that imposes a punitive action, shall include the following enclosures:

1. A notice of right to appeal form;

2. Copies of Sections 11507.5, 11507.6, and 11507.7 of the California Government Code.

(d) Service of written decision. The written decision shall be served upon the firefighter. Service upon the firefighter shall be made in person or by registered mail addressed to the firefighter at the most recent address on file with the Personnel Department. It shall be the responsibility of the firefighter to keep the Personnel Department apprised of his or her current address.

(2) Right to appeal. Firefighters shall have the right to appeal any punitive action.

(3) Method of appeal.

(a) Filing deadline. Unless the Personnel Officer authorizes additional time in writing, the firefighter must serve by registered mail or personally deliver a signed written notice of appeal to the Personnel Officer within 15 days after he or she is served with the written decision.

(b) Firefighter’s response.

1. The notice of appeal must include a hearing request and may also include one or more of the following responses by the firefighter, as set forth in Section 11506 of the California Government Code:

A. An objection to the written decision upon the ground that it does not state acts or omissions upon which the city may proceed;

B. An objection to the form of the written decision on the ground that it is so indefinite or uncertain that the firefighter cannot identify the acts or omissions at issue or prepare a defense. Failure to object in the notice of appeal shall waive this objection;

C. An admission that the written decision is entirely, or in part, correct. Any remaining statements in the written decision shall be deemed denied; and/or

D. Presentation of a new matter by way of defense.

2. The firefighter, in his or her notice of appeal, shall indicate whether he or she desires an open or closed appeal hearing.

(H) Pre-appeal hearing procedures.

(1) Notice of availability or hearing-setting conference.

(a) Deadline. Within ten days from receipt of the notice of appeal, each party must submit a written notice of availability to the Personnel Officer identifying available dates for the appeal hearing, time estimates for the appeal hearing, and any other applicable information or documents, as set forth in Title 1, Section 1018 of the California Code of Regulations. Upon receipt of both parties’ notice of availability, the Personnel Officer will ascertain the availability of each of the Commission members. Alternatively, the Personnel Officer may choose to schedule a hearing-setting conference and will notify the parties and the Commission members in writing of the date of the hearing-setting conference.

(b) Topics for hearing-setting conference. The hearing-setting conference will deal with the matters set forth in Title 1, Section 1018 of the California Code of Regulations. Commission members and the parties must be prepared to discuss time estimates, availability, and other applicable information and documents, as set forth in Title 1, Section 1018 of the California Code of Regulations.

(2) Request for ALJ. Within 15 days after the hearing-setting conference, if any, or when the Personnel Officer is in receipt of all applicable information set forth in Title 1, Section 1018 of the California Code of Regulations, the Personnel Officer shall file a request in writing with the OAH, to assign an ALJ and set a date for the appeal hearing. The written request will provide the applicable information and documents set forth in Title 1, Section 1018 of the California Code of Regulations.

(3) Notice of hearing. The Personnel Officer shall serve by personal delivery or registered mail a notice of hearing to all parties containing the details provided by the OAH. The notice of hearing shall be substantially in the form contained in Section 11509 of the California Government Code.

(I) Hearing procedures.

(1) Hearing officers. Every appeal hearing shall be heard by a quorum of the Commission and an ALJ. The ALJ shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the Commission on matters of law that are required to be within the jurisdiction of the ALJ pursuant to the Administrative Procedures Act or regulations of the Office of Administrative Hearings. The Commission shall exercise all other powers relating to the conduct of the hearing. A Commissioner who does not hear all of the evidence shall not vote on the decision.

(2) Hearing. The firefighter shall appear personally, unless physically unable to do so, at the time and place of the hearing. The firefighter may be represented by any person he or she may choose and may present any relevant evidence. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Commission or ALJ with due regard to the rights and privileges of the parties appearing before the Commission and the ALJ.

(3) Public hearings. Appeal hearings shall be conducted in private, unless the firefighter requests a public hearing. The ALJ may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter being heard.

(Ord. 4671, passed 5-26-15)

(A) Dismissal. A permanent employee in the classified service may be dismissed by the appointing authority only for cause as set forth in § 2.48.170 (Rule XVI) of this code. Such dismissal shall be made by the appointing authority with the approval of the personnel officer.

(B) Layoff.

(1) Commission to provide plan for layoff or reduction. For economic reasons, the Council may abolish any position in the classified civil service. The Commission shall administer a plan which shall provide for layoff and reduction on the basis of seniority and for the establishment of reemployment lists.

(2) Layoff and reduction procedure. The head of the department in which a layoff is to be made shall notify the personnel officer in writing of the number of employees to be laid off. The Personnel Officer shall then determine the employees who shall be reduced and/or laid off and so inform the department head in writing. The department head shall then immediately notify the employees who are to be reduced and/or laid off, giving them the effective date of such action.

(3) Emergency and temporary employees to be laid off first. Emergency and temporary employees in a classification shall be laid off before probationary or permanent employees.

(4) Plan for lay off and reduction. Layoff in a classification shall take place in inverse order of seniority credit within the classification from which an employee or employees are to be laid off. If there is a class of positions in a lower rank that is in the same regular promotional line for which the employee meets the requirements, the employee shall be reduced to such lower-ranking class, provided he has greater combined seniority in the lower ranking class and higher classes than other employees in that lower-ranking class. The employee in the lower-ranking class with the least seniority credit shall in turn be laid off or reduced in the same manner, to the end that the last person employed in the lowest-ranking class shall be the person laid off.

(5) Plan for computing seniority.

(a) Seniority credit shall be allowed only for continuous service in the class in which the employee is serving or in higher ranking classes in which he has served. No seniority credit shall be allowed for service prior to a break in the employee's employment with the city. Authorized leaves of absence shall not count as breaks in service. However, time while on leave shall not count toward seniority credit, except in the case of sick leave, military leave, and leave for which an employee receives disability payments under workmen's compensation.

(b) After temporary and emergency employees have been separated, seniority credit for probationary and permanent employees shall not include service as temporary and emergency employees.

(6) Layoffs when there are ties in seniority credit. In the event of ties in seniority credit, the employee who stands the highest on the eligible list from which the employees were appointed shall be considered to have the greatest seniority credit. In the event that the tied employees were appointed from separate lists, the employee on the list with the highest priority shall be considered to have the greatest seniority credit.

(7) Establishment of reemployment lists. Permanent and probationary employees who are laid off and reduced shall have their names placed on reemployment lists in the reverse order of layoff or reduction.

(8) Reemployment of employees laid off or reduced. If, within two years, a vacancy occurs in any existing class having the same or substantially similar qualifications as the position abolished or vacated, the employee laid off or reduced shall have the right to appointment to such vacancy, unless such person shall file a written waiver with the Personnel Officer: or fails to report for work within two weeks of notice of appointment.

(9) Reclassification lists. The employee on the reemployment list who has the greatest seniority shall be appointed to the first vacant position in the class for which the list exists unless he waives appointment. The reclassification or reallocation of all positions in a given class automatically reclassifies the reemployment list.

(C) Resignation. An employee wishing to leave the classified service in good standing shall file with the appointing authority a written resignation stating the effective date and the reasons for leaving. Such resignation should be filed at least two weeks before leaving the service, unless such time limit is waived by the appointing authority. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded by the concerned department head to the Personnel Officer. Failure to give notice as required hereby may be cause for denying future employment by the city. The department head may rescind a resignation notice on request of the employee.

('86 Code, § 2.48.190) (Ord. 3898, passed - - )

The Civil Service Commission and the Personnel Officer shall determine the records to be maintained for each employee in the classified service.

('86 Code, § 2.48.200) (Ord. 3898, passed - -)

The City Manager and the department heads may develop administrative rules affecting employees which are not in conflict with the charter, code or this personnel ordinance.

('86 Code, § 2.48.210) (Ord. 3898, passed - - )