Article IV — Personnel Policy and Salaries

The words and terms herein defined have the following meanings in this chapter and in any other ordinance or related resolution classifying and fixing the salaries, compensation, setting personnel policy or authorizing the employment of personnel in any department or office of the city.

Anniversary date. The date an employee begins his current continuous service.

Anniversary year. The completion of one full year of continuous service from the anniversary date.

City council. The city council of the city.

City officer. An elected officer of the city or a person appointed as a department head.

City service. All positions in all departments that are subject to the control and regulation of the city council.

Classified service. All positions in the city service, except those specifically exempted.

Compensation. The salary, wage, allowance and all other forms of valuable consideration earned by or paid to any employee by reason of his service in a position, but does not include any compensation for expenses incurred incidental to employment.

Continuous service. Employment with the city without break or interruption. In computing continuous service for the purpose of this chapter, neither vacation leave, military leave, nor leave for absences on account of illness, whether with or without pay shall be construed as a break in employment or service. Other absences aggregating an excess of ninety days in any period of twelve months, including layoffs on account of lack of work, lack of funds, or abolishment of positions, shall be construed as breaking "continuous service."

Department. Any of the offices, departments or other organizational units of the city government.

Department head. The officer in charge of a department.

Employee. A person legally occupying a position in the city service.

Exempt service. All positions of elective officials and those specifically designated by the city council to be exempt from any classification plan, and appointed officers and employees.

Probation period. A period of six months, beginning at the start of employment to determine performance and abilities of employee.

Part time. Includes seasonal employment.

Personal director. A city council member appointed by the mayor to serve as liason between the city and its employees.

Step pay. The compensation specified for the step at which the employee is currently working.

Work week. The period of work defined under the Federal Labor Standards Act and shall be: 12:01 A.M. Saturday to and including 12:00 P.M. Friday.

(Ord. No. 346.)

The salaries provided in this chapter or related resolutions shall be in full compensation for all services of every kind or description rendered by all city officers, either as officers or ex-officio officers, and all their

deputies, assistants and employees of the city whose salaries are fixed by the city council, except as set forth in section 2-35.

(Ord. No. 346.)

Each deputy, assistant and employee provided for herein shall perform, in addition to his or her regular duties, such other lawful duties as the principal officers shall require and may be required by the city council to assist officers other than their principals in the event all principal officers involved consent thereto.

(Ord. No. 346.)

The premiums upon the official bonds required by law of all officers, deputies and assistants herein shall be city charges and payable out of the general fund on claim therefor to be presented and filed with the city council.

(Ord. No. 346.)

All travel of city officers, deputies, assistants and employees, and payment for travel expenses shall be approved by a member of the city council in advance of travel dates.

(Ord. No. 346.)

Provisions of this article apply to all city employees, except those in the exempt class as set forth in section 2-35, or as may be exempted from time to time by ordinance or resolution by the city council.

(Ord. No. 346.)

(a)

All appointments hereafter made to any position in the city service shall require:

(1)

Certification in writing by the department head to the city council that the appointee possesses the necessary qualifications, and,

(2)

Confirmation of the appointment by the city council.

(b)

In the event an employee entering upon city employment is found to possess extraordinary qualifications for a position through former training or experience, the city council may authorize the employment, at a higher step of the appropriate range.

(c)

All applicants for employment by the city, except as provided in subsection (d), shall be required as a condition precedent to employment, to submit to a physical examination to be conducted by a physician, licensed to practice medicine by the state, who shall immediately upon the conclusion of such examination, file his certificate in writing with the city clerk, setting forth his conclusions as to the physical condition of all applicants, and no applicant shall be employed not found and so certified as physically fit. During time of employment, periodic medical examinations may be required by the city council. These required medical examinations shall be paid for by the city.

(d)

Upon application of any department head, the city council may, in its discretion, waive the requirement of subsection (a)(2) in any instance where the contemplated employment is of short duration and in no event to exceed a period of thirty days, and such examination would work an unnecessary hardship upon the applicant. All such waivers shall be evidenced by a motion duly made, seconded and passed by the city council and recorded in the minutes thereof.

(e)

The compensation plan for the salary schedule may be amended or changed from time to time by council ordinance or resolution.

(Ord. No. 346.)

The salary schedule for the employees is set forth in section 2-33, and may be amended by city council from time to time by ordinance or resolution and shall be interpreted and applied as follows:

(a)

The salaries prescribed are fixed on the basis of full-time service in full-time positions unless otherwise designated.

(b)

The salaries prescribed include pay in every form, except for necessary expenses authorized and incurred incident to employment or except as herein provided.

(c)

Employees shall be considered eligible for increase in salaries according to the following general plan;

(1)

Step one shall be paid upon initial employment, except when a different step is authorized pursuant to subsection (b) above.

(2)

Step two may be paid upon satisfactory completion of six months' service in step one.

(3)

Step three may be paid upon satisfactory completion of twelve months' service in step two.

(4)

Step four may be paid upon satisfactory completion of twelve months' service in step three.

(5)

An increase in steps shall be made upon completion of the periods of service outlined hereinabove upon recommendation of the department head and with approval of the city council. These time requirements may be waived by the city council for employees who show their value to the city to be worth a higher salary. Increase in steps shall be withheld in case of inferior work, lack of application, or indifferent attitude.

(6)

Any employee may be reduced to a lower step within the pay range upon the recommendation of the department head and approval of the city council, in cases where the quality and manner of performance of services do not justify the pay being received.

(7)

Step increases with council approval will commence on the first working day of the pay period following that period in which they become eligible.

(d)

Where a salary range for a given class or group or for several classes or groups is revised upward or downward, the incumbents of positions in the classes or groups affected shall have their existing pay adjusted to the same relative step in the new pay range. As changes occur in pay ranges in the steps by the city council, all the steps will be adjusted equally, step one through step four.

(e)

For purposes of determining eligibility for pay step increases, the employee's anniversary date shall be the effective date of appointment, or of any subsequent promotion. Anniversary dates, for purposes of vacation and sick leave, shall be the effective date of appointment.

(f)

Notwithstanding any other provision in this chapter, if any employee voluntarily terminates his employment and reapplies for employment with the city within two months from the date of termination, it shall be within the discretion of the city council to reemploy the former employee upon any salary step beneath the step that the former employee was upon at the time of termination; with the exception that any former employee terminating while at step one shall be reappointed at step one.

(g)

Any employee employed temporarily to a position commanding a higher salary may, on the approval of the city council, draw any salary within that range as set by the city council, but upon the termination of that position, the employee shall return to his former permanent position at his former salary step or any increment therein as a result of the provisions of this chapter.

(Ord. No. 346; Res. No. 84-17.)

All employees shall be paid semi-monthly except the members of the council, the janitor, and the city attorney who shall be paid monthly.

(Ord. No. 346; Ord. No. 367, § 1.)

Sec. 2-25. - Repealed by Ordinance No. 383, § 1. Sec. 2-26. - Part-time employment.

Part-time employment will be allowed when the need arises upon recommendation of the department head and approval by the city council.

(Ord. No. 346.)

Sec. 2-27. - Repealed by Ordinance No. 383, § 1. Sec. 2-28. - Repealed by Ordinance No. 383, § 1. Sec. 2-29. - Repealed by Ordinance No. 383, § 1. Sec. 2-30. - Repealed by Ordinance No. 383, § 1. Sec. 2-31. - Repealed by Ordinance No. 383, § 1. Sec. 2-32. - Personnel records.

There shall be personnel records kept on all city employees. These records are to be in the custody of the city treasurer and maintained in the city vault.

(Ord. No. 346.)

Sec. 2-33. - Repealed by Ordinance No. 461, § 1. Sec. 2-34. - Retirement age.

Retirement age shall be as follows: Safety employees, age fifty-five, all other employees, age sixty-five, but may be extended not to exceed age seventy at sole discretion of city council on a yearly basis.

(Ord. No. 346.)

The city councilmen, city clerk, city treasurer, city attorney and city engineer are specifically exempted from this article.

(Ord. No. 346.)

Sec. 2-36. - Repealed by Ordinance No. 383, § 1. Sec. 2-37. - Policies to be set forth in memorandum of understanding.

The wages, hours and all other terms and conditions of employment of the employees of the City of Alturas shall be as set forth in the memorandum of understanding adopted on November 13, 1985, by and between the city and the Alturas City employees association, as the same may from time to time be amended.

(Ord. No. 383, § 2.)

Secs. 2-38—2-40. - Reserved. ARTICLE V. - DISRUPTION OF PUBLIC MEETINGS.^[3]

Footnotes:

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Editor's note— Ord. No. 501, adopted Aug. 21, 2014, set out provisions intended for use as Ch. 18, §§ 181—18-3. For purposes of classification, and at the editor's discretion, these provisions have been included as Art. V, §§ 2-41—2-43.

No person(s) or group(s) shall be allowed to disrupt a public meeting of the City Council of the City of Alturas, or any of the subagencies of the City Council of the City of Alturas.

(Ord. No. 501, 8-21-2014)

"Disrupt a public meeting" or "disruptive conduct" shall mean and include addressing the city council, or any of the subagencies of the city council, without first being recognized by the presiding person; not addressing the subject before the city council or subagency; repetitiously addressing the same subject; shouting at or threatening members of the city council or subagency, in a manner which makes it difficult or impossible to maintain decorum, or which places the member(s) of the city council, or subagency, in fear for their safety or of the safety of other persons in attendance at the meeting; failing to relinquish the "floor" when requested to do so; or otherwise preventing the city council, or subagency, from conducting its meeting in an orderly manner, as determined by the presiding person of the meeting, or by a majority of the members thereof.

"Sergeant at arms" for a public meeting shall mean the Chief of Police for the City of Alturas, or his designee, at any meeting of the city council, or subagency, and the department head assigned to attend

any public meeting of the city council, or subagency.

"Willful disruption" of a public meeting shall mean persistent disruptive conduct, after a verbal warning has been issued by the presiding person; or conduct which is violent and which immediately jeopardizes the public health and safety.

(Ord. No. 501, 8-21-2014)

(a)

In the event that any meeting of the city council, or subagency, is willfully disrupted by a person(s) or by a group(s) so as to render the orderly conduct of the meeting impossible, the presiding person at the meeting may recess the meeting or order the person(s) or group(s) willfully disrupting the meeting to leave the meeting or be removed from the meeting.

(b)

In the event that a person(s) or group(s) violated the limits of permissible conduct during a public meeting in a manner determined by the presiding person to constitute disruptive conduct, the presiding person of the meeting may issue a verbal warning. If the disruptive person(s) or group(s) refuse to adhere to the direction of the presiding person, the presiding person may direct the sergeant at arms to remove the person(s) or group(s) from the meeting room for disturbing a public meeting.

(c)

When the presiding person of a public meeting determines that unlawful disruption of the public meeting has occurred or is occurring, and when so requested by the sergeant at arms for the meeting, upon his/her confirmation that such disruption of the public meeting has occurred or is occurring, the law enforcement officer should approach the person(s) or group(s) and instruct the person(s) or group(s) to immediately leave the meeting room or be subject to arrest.

(d)

Any person(s) or group(s) that is(are) requested to leave the meeting and does(do) so without being physically removed should not be arrested, so long as he/she does not return to that meeting and unless other unlawful conduct is involved. Any person(s) or group(s) which is (are) requested to leave the meeting and refuses to do so voluntarily, so that physical force is required to remove the person(s) or group(s) from the meeting, may be placed under arrest and charged with a violation of the appropriate section of the penal code.

(Ord. No. 501, 8-21-2014)