Title 2 — ADMINISTRATION AND PERSONNEL
Bakersfield Municipal Code Ch. 2.72 Personnel Policies
Bakersfield Municipal Code · 2026-09 edition · updated 2026-10-02 · Bakersfield
Cite as: Bakersfield Municipal Code Chapter 2.72 · Text as of 2026-10-02
Sections: 2.72.010 Definitions. 2.72.020 Merit principle for appointments and promotions. 2.72.030 Fair employment practices for appointments or removals. 2.72.040 City manager designated as personnel director. 2.72.050 Personnel administration. 2.72.060 Class specifications. 2.72.070 Reclassification. 2.72.080 Adoption of civil service rules. 2.72.090 Adoption of administrative and departmental rules. 2.72.100 Employment constitutes acceptance of rules. 2.72.110 Appointing authority. 2.72.120 Appointments. 2.72.130 Nepotism—Appointment of a relative. 2.72.135 Marital policy. 2.72.140 Contract. 2.72.150 Probationary period. 2.72.170 Termination of probationary employee. 2.72.180 Employee performance evaluation. 2.72.190 Medical examination. 2.72.200 Temporary employment. 2.72.210 Change of positions. 2.72.220 Reinstatement. 2.72.230 Reduction in force. 2.72.240 Disciplinary action. 2.72.250 Terminations. 2.72.260 Outside employment. 2.72.270 Conflict of interest. 2.72.280 Change in employee status reports. 2.72.290 Service award. 2.72.300 Training. 2.72.310 Employee grievance procedure. 2.72.320 Complaints against policemen.
2.72.330 Defense of civil action or proceeding.¶
2.72.010 Definitions.¶
For the purposes of this chapter, the following words shall have the meanings set out in this section:
“Acting employee” means a permanent employee holding a different position under an acting appointment.
“Actual service” means time engaged as a permanent employee in the performance of the duties of a position including leave of absence with pay.
“Advancement” means a salary increase within the limits of a salary range established for a class.
“Allocation” means the assignment of a job to a class or position in accordance with the duties performed and/or the salary range assigned to a class or position.
“Appointing officer/appointive power” means the department head or his authorized representative.
“Appointment” means the acceptance by a person of a position in city service.
“Board” means the civil service board of the city for the miscellaneous departments, police department or fire department.
“Break-in-service” means any interruption in continuous service, except for approved leaves of absence or call to military service in the Armed Forces of the United States.
“Callback time” means the time when an employee is directed by his or her department or division to return to work to perform additional services after the normal work period.
“City physician” means a medical doctor chosen by each of the city’s civil service boards.
“Civil service rules” means the rules and regulations formulated by the miscellaneous, police, and fire civil service boards.
“Class” means a group of positions which are sufficiently alike in general duties and responsibilities to warrant the use of the same title, class (job) specification, and salary range, and the application of common standards of selection, transfer and promotion.
“Classification” means the act of grouping a position or positions into a class.
“Class number” means an identification number assigned to each class (job) specification.
“Class specification” means a written description of a class or position which includes class title, class number, a general statement of nature of work, duties, responsibilities, and minimum or desirable qualifications.
“Class title” means a brief descriptive designation of each class or position within the city service.
“Compensatory time” means equivalent time off granted to an employee for overtime worked or for extra service rendered.
“Continuous service” means employment by permanent employees without interruption except for approved leaves of absence. Reinstatement or re-employment does not make service continuous.
“Demotion” means the movement of an employee from one class or position to another class or position having a lower maximum rate of pay.
“Department” means a major administrative unit within the city.
“Discharge” means separation from city service for cause.
“Disciplinary action” means reprimand, suspension, reduction in salary or discharge.
“Division” means a unit of a department.
“Employee” means and includes any person who has been employed by a duly authorized appointive power to work for the city on a salary, daily wage, or hourly pay, and who has not been discharged from such service.
“Employee organization” means any organization which includes employees of the city, and which has as one of its primary purposes representing such employees in their relations with the city.
“Employment status” means appointment to a position as:
a. Acting;
b. Part-time;
c. Permanent;
d. Probationary;
e. Seasonal; or
f. Temporary employee.
“Grievance” is any dispute concerning interpretation or application of the personnel and compensation ordinance or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of the city’s rights; decision on wages, hours, and other terms or conditions of employment.
“Increment date” means the date at which step adjustment was last made for time-in-grade.
“Layoff” means separation from a seasonal, part-time, or permanent position because of work load, economy, lack of funds, or because the position has been abolished.
“Leave of absence” means approval to be absent from duty with or without pay for a specified period.
“Part-time employee” means a person employed in any seasonal or permanent position for a daily work period of less than the normal working day.
“Permanent employee” means an employee who has successfully completed his probationary period and has been appointed to permanent civil service status.
“Personnel director” means the city manager or his authorized representative.
“Position” means all classifications of employment provided by the compensation ordinance, whether occupied or vacant, permanent or seasonal.
“Probationary period” means a working test period of six months’ duration, except for employees in the police department which shall be twelve months, during which an employee is required to demonstrate his fitness for the position to which he is appointed by actual performance of the duties of the position.
“Promotion” means the assignment or reclassification of an employee from one class or position to another class or position having a higher salary range.
“Public safety employee” means police and fire safety personnel.
“Reclassification” means the changing of a position from one class to a different class.
“Reinstatement” means reappointment after a break in service to a position within a class formerly held.
“Salary range” means specific pay rates assigned to a class title.
“Salary schedule” means a list of class titles assigned to specific salary ranges.
“Salary step” means five salary levels within a specific salary range.
“Seasonal employee” means employment to a class for seasonal needs without civil service status.
“Section” means a unit of a division.
“Separation” means leaving a position for any reason and includes transfer and reassignment.
“Service” means employment by the city.
“Suspension” means the temporary removal of an employee from duty.
“Temporary employee” means an employee filling a permanent position without civil service status.
“Termination” means the separation of an employee from city service. Termination may be by death, discharge, layoff, resignation, retirement or work completion.
“Time-in-grade” means the length of time a permanent employee shall have spent in his class or position.
“Time-in-service” means the length of time a permanent employee has served on continuous city service beginning with his probationary appointment to a permanent position.
“Transfer” means the change of an employee from one department or division of city service to another.
“Unclassified service” means all elected officers, all members of boards, commissions, and all temporary and seasonal employees. (Ord. 2782 § 2, 1982; Ord. 2589 § 1, 1980; prior code § 3.14.050)
2.72.020 Merit principle for appointments and promotions.¶
A. All appointments and promotions with the classified service of the city shall be based on merit, efficiency and fitness to be ascertained so far as practicable by competitive examination.
B. Employment with the city shall be subject to the work performance, compliance with regulations and work requirements of the city. (Prior code § 3.14.010)
2.72.030 Fair employment practices for appointments or removals.¶
No appointment to or removal from any class or position within the city service shall be affected or influenced in any manner by a consideration of race, creed, religion or national origin. (Prior code § 3.14.020)
2.72.040 City manager designated as personnel director.¶
A. The city manager shall be designated as the personnel director of the city.
B. The personnel transactions shall be subject to approval of the city manager.
C. The city manager shall provide such clerical or secretarial services to the civil service boards as may be necessary to carry out their functions. (Prior code § 3.14.030)
2.72.050 Personnel administration.¶
A. In accordance with Section 17 of the Charter of the city, no member of the council shall, except insofar as is necessary in the performance of the duties of his office, directly or indirectly take any part in the appointment, promotion, or dismissal of any officer or employee in the service of the city other than officers or employees of the council.
B. Administration of personnel and compensation policies shall be the responsibility of the city manager as authorized by the Charter of the city, the municipal code, and the administrative rules and regulations, and in conformance with established civil service procedures. (Prior code § 3.14.040)
2.72.060 Class specifications.¶
A. It shall be the responsibility of the personnel director or authorized representative to prepare a written description of each class or position within the city service. The description shall be known as class specifications and shall contain the following sections:
1. Class Title. A brief and descriptive designation of the type of work performed;
2. Nature of Work. A general description of the work and responsibility of the class or position;
3. Illustrative Examples of Work. Duties of the class or position listed as some, but not inclusive, examples of
the typical kinds of work performed;
4. Desirable Knowledges, Abilities and Skills. A description of those factors of education and skill needed for
adequate performance of the duties of a class or position;
5. Desirable Experience and Training. A description of the background of experience and training that would
ordinarily prepare an employee entering into a specific class or position.
B. Necessary special qualifications may be added to a class or position where the performance of duties requires a specific license, certificate, permit, or skill.
C. The class specifications must receive the approval from the appropriate civil service board and be adopted by the council of the city. New class specifications, modification, or abolishment of existing class specifications may be made upon the recommendation of the personnel director and the appropriate civil service board with approval of the city council. Department heads may request review or new class specifications, modification, or abolishment of existing class specifications upon written request to the personnel director. (Prior code § 3.14.060)
2.72.070 Reclassification.¶
A. If determined by the city manager and approved by the city council that the duties and responsibilities of an employee within a class are sufficiently like the duties and responsibilities of a position of another class, the position may be reclassified to an appropriate position.
B. The employee affected is subject to certification of the appropriate civil service board. (Prior code § 3.14.070)
2.72.080 Adoption of civil service rules.¶
Rules establishing equitable and uniform procedures for the conduct of examinations, certifications, and hearings for employees shall be formulated by the miscellaneous, police, and fire civil service boards in conformance with the Charter of the city. (Prior code § 3.14.080)
2.72.090 Adoption of administrative and departmental rules.¶
A. The city manager shall establish rules of conduct and discipline as are necessary through the administrative rules and regulations or directive.
B. Departments shall adopt operational standards in accordance with guidelines established by this chapter, administrative rules and regulations, and directives.
C. The rules and standards shall be made available to employees. (Prior code § 3.14.090)
2.72.100 Employment constitutes acceptance of rules.¶
Acceptance of city employment constitutes agreement by each employee of the rules established by the civil service board having authority over his or her class, the administrative rules and regulations, and departmental rules. (Prior code § 3.14.100)
2.72.110 Appointing authority.¶
Appointment to all classes or positions, other than city manager and city attorney, and all personnel transactions shall be subject to approval of the city manager. (Prior code § 3.14.110)
2.72.120 Appointments.¶
Appointments to vacant positions within the city service shall be made in accordance with the provision of the Charter of the city and the rules established by the miscellaneous, police, and fire civil service boards, employment within city services is within the following status:
A. Acting. Appointment of a permanent employee to a different position for a temporary period of time more than two weeks, but not in excess of six months;
B. Part-Time. Appointment to a permanent position for a seasonal or set-term position for a daily work period of less than the normal working day whether or not on a recurring basis;
C. Permanent. Appointment to a position within city service after completion of probation period;
D. Probationary. Appointment from a certified civil service list to a position for a test period to demonstrate fitness for appointment to a permanent position;
E. Seasonal. Appointment to a position for a limited term or seasonal needs under temporary employee status;
F. Temporary. Appointment for temporary services to a position within city service without examination or certification of a civil service board; temporary employment may not exceed one hundred twenty working days within any one department in any period of one year. (Ord. 4896 § 1, 2017; Ord. 2589 § 2, 1980; prior code § 3.14.120)
2.72.130 Nepotism—Appointment of a relative.¶
A. No person shall be employed, appointed, transferred, or promoted to a position within the city in the same department, division or facility in which a relative is employed, or which involves the direct supervision of or by a relative, if such has the potential for creating an adverse impact on supervision, safety, security or morale, or involves a significant potential for conflicts of interest, as determined by the appropriate civil service board.
B. No person shall be employed, appointed, transferred, or promoted to a position within the city who is a relative of a member of the city council, or of any board or commissions of the city where such has the potential for creating an adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest, as determined by the appropriate civil service board.
C. No person shall be allowed to continue employment in a position in the city where a marriage or change of residence creates a situation as described in subsection A or B as determined by the appropriate civil service board.
D. For purposes of this chapter, a “relative” is a parent, step-parent, child, step-child, brother, sister, step- brother, step-sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter- in-law, son-in-law, aunt, uncle, cousin, niece, nephew, great-grandparent, great-grandchild, or any person who lives in the same household as any permanent or probationary city employee.
E. The provisions of this section shall not be applied to appointments, transfers or promotions made prior to the adoption of this section. (Ord. 3472 § 1, 1992; Ord. 3279 § 1, 1990; Ord. 3120 § 1, 1987; Ord. 2791 § 1, 1982; prior code § 3.14.130)
2.72.135 Marital policy.¶
A. No employee, prospective employee or applicant shall be improperly denied employment or selection for any training program leading to employment, on the basis of his or her marital status.
B. For purposes of this section, “marital status” is an individual’s state of marriage, nonmarriage, divorce or dissolution, separation, widowhood, annulment or other similar marital state.
C. Notwithstanding subsection A, no person shall be employed, appointed, transferred or promoted to a position which involves the direct supervision of or by any party who is married to, divorced or separated from the person where such has the potential for creating an adverse impact on supervision, safety, security or morale, or involves a significant potential for conflicts of interest, as determined by the appropriate civil service board.
D. Notwithstanding subsection A, no person shall be employed, appointed, transferred or promoted to a position in the same department, division, or facility with any party who is married to, divorced or separated from the person, where such has the potential for creating an adverse impact on supervision, safety, security or morale, or involves a significant potential for conflicts of interest, as determined by the appropriate civil service board.
E. Notwithstanding subsection A, no person shall be allowed to continue employment in any position in the city where a marriage creates a situation described in subsections C and D, as determined by the appropriate civil service board. (Ord. 3279 § 2, 1990)
2.72.140 Contract.¶
A. The city manager shall recommend to the city council, as may be necessary, contracts with consultants or persons of special skills to perform special assignments on behalf of the city.
B. Persons so employed shall be limited to the terms of their contract and shall not enjoy civil service status or other benefits of city employees. (Prior code § 3.14.140)
2.72.150 Probationary period.¶
A. All appointments to a permanent position shall be tentative and subject to a probationary period.
B. During the probationary period, the employee shall be required to demonstrate his or her fitness to the position to which he or she is appointed by actual performance of the duties of the position.
C. At the conclusion of the probationary period, the department must file an Employee Performance Evaluation stating the retention of the probationary employee in the city service is desired or the probationary employee will be considered unsatisfactory and will be terminated. (Prior code § 3.14.150)
2.72.170 Termination of probationary employee.¶
During the probationary period, an employee may be terminated at any time by the appointive authority without cause or right of appeal. (Prior code § 3.14.160)
2.72.180 Employee performance evaluation.¶
An evaluation of the performance of each probationary and permanent employee by the department head shall be made in accordance with the administrative rules and regulations. (Prior code § 3.14.170)
2.72.190 Medical examination.¶
A. All persons appointed on probationary status shall be examined and certified as fit for duty by a city physician.
B. Medical examinations may be required for any change in class or position.
C. If in the opinion of the department head an employee is physically unable to perform all the duties of his or her position, he or she may order a medical examination by a city physician.
D. Medical examinations required by the city shall be paid by the city. (Prior code § 3.14.180)
2.72.200 Temporary employment.¶
A. Appointments may be made to a position for temporary services within city departments and upon the approval of the city manager.
B. Employees appointed on a temporary basis may not work more than one hundred twenty working days (nine hundred sixty hours) in any one department in any continuous period of three hundred sixty-five days.
C. Employees appointed on a temporary basis shall not be eligible for vacation, retirement, pay for holidays, or other associated employee benefits.
D. Temporary employees may be terminated at any time by the department head upon notification to the employee. (Ord. 4808 § 1, 2015; prior code § 3.14.190)
2.72.210 Change of positions.¶
A. Promotions. In the event of a promotion to a higher grade during the probationary period within a division, the department head may reduce the employee to his or her former grade with the approval of the city manager.
B. Change of Position. All employees, except employees in the police department, changing from one class or position to a different class or position shall be required to undergo a six-month probationary period. Police department employees shall be required to undergo a one-year probationary period. Civil service status shall be determined at the time of change.
C. Transfer. Employees within the same class of the city may be transferred from one department or division to another, subject to the approval of the heads concerned, and with the authorization of the city manager. (Ord. 2782 § 3, 1982; prior code § 3.14.200)
2.72.220 Reinstatement.¶
A. Certification. Employees who have voluntarily left the city service and who have attained a satisfactory employee performance evaluation upon termination, may be certified for reinstatement by the appropriate civil service board for appointment to the position last held, a lower class series position, or a position formerly held.
B. Credits. Employees may be reinstated at the salary step in the salary range assigned to the class or position last earned. The reinstated employee’s prior service shall not be credited towards sick leave, vacation, or time-in- service within the class or department. (Ord. 3142 § 1, 1988; prior code § 3.14.210)
2.72.230 Reduction in force.¶
A. Purpose. For reasons of economy or due to a lack of work or funds, the department head, at the direction of the city manager, or designee, may reorganize or eliminate any department or division, or may abolish any position and/or reduce the number of, or the hours worked by, city employees. When any such action causes a displacement of employees, the selection of those to be displaced shall be made under the following:
To decrease the work force in any department, the department head, at the direction of the city manager, or designee, may specify the number and/or class of employees to be displaced, together with the department and division in which the displacement is to be made.
The department head shall then notify the personnel division, in writing, of the classes and numbers of employees to be displaced.
Upon receipt of such notice, the personnel division shall give the department head a certified seniority list of department employees for the classes affected within that department.
The department head shall then determine, under these rules, the particular employees to be displaced, and advise the city manager of his/her decision.
B. Definitions.
1. “Class” means a group of positions which are sufficiently alike in general duties and responsibilities to
warrant the use of the same title, class (job) specification, and salary range, and the application of common
standards of selection, transfer and promotion.
2. “Department displacement re-employment list” means a list containing names of qualified full-time
employees by total city seniority displaced from a position within a department. Placement on such list grants
specific rights to displaced employees for return to a similar position within the class and department, should
vacancies occur after such displacement within the specified period of time.
3. “Displace” means an action caused by a reduction of authorized, budgeted positions within a department
wherein an employee is demoted or laid-off from the work force. The term “displacement” shall include removal from city employment, reassignment to a former or other class pursuant to these rules, and
reduction from full-time to part-time status.
4. “City displacement re-employment list” means qualified full-time employees who are displaced may have
their names placed on this list in order of total city seniority for the classes in which they previously held full-
time status. This list will be used to fill vacant positions after exhausting the department displacement re-
employment list and prior to the use of other employment lists.
5. “Non-qualified full-time employee” means an employee with civil service status whose overall
performance evaluation rating is below a satisfactory rating for the last two annual rating periods.
“Recalled employee” means an employee who returns to city service from a re-employment list.
“Qualified full-time employee” means an employee with civil service status whose last two annual performance evaluations was Satisfactory or higher. A qualified full-time employee who has been promoted or transferred and whose status is probationary or out-of-class shall, for the purpose of these displacement rules, be defined as a full-time employee of the department in which the currently-held position is allocated.
“Seniority” means the length of total continuous, unbroken time worked for the city in a regular budgeted full-time position, regardless of a particular class or department. Continuous, unbroken time worked includes time during which the employee was absent with pay or was on approved long-term military leave. Approved leaves of absence without pay maintain the continuity of employment, but the duration of the leave is deducted from the total continuous time period. An employee who was in a full-time position and was displaced to a part-time position shall have the prior full-time service counted, as long as the employee is currently in a full-time position and there was not a break in continuous service.
C. Order of Displacements. Displacements in each class shall be made in the following order: first, temporary or part-time employees; second, probationary employees; third, full-time non-qualified employees; and fourth, qualified full-time employees.
1. Seasonal employees may be hired to handle specific job functions that occur on a reasonable basis. Said
positions do not have to be taken into consideration when determining displacement order. Seasonal
employees shall not replace full-time positions; however, displaced employees shall be offered first
opportunity for seasonal employment.
2. When one or more probationary or full-time employees must be displaced within a department, those
who are displaced shall be the employees with the least city seniority in the class affected.
3. Where the displacement is limited to temporary or part-time employees, the department head, at the
direction of the city manager or designee may determine which of the employees within the particular class
shall be displaced.
4. In the event two or more full-time employees have the same seniority, the person to be displaced shall
be determined by lot.
5. Qualified full-time employees so affected by the displacement procedures shall be re-hired in inverse
order of total city seniority (last out, first in).
D. Seniority in Displacements.
1. Seniority in displacements shall be calculated as set forth in subsection B.8.
A qualified full-time employee who receives a notice of displacement may displace a less senior employee in a lower class within the department, provided that the employee held the position within the lower class in the department, or the lower class is in the employees immediate job family as determined by the human resources manager. Where the lower class requires supervisory experience, the more senior employee must have supervisory experience prior to displacement to the lower level, or must have held such position in order to displace the less senior supervisory employee.
The salary range of an employee displaced to a lower level shall be the salary range of that lower level.
The employee will be placed at the step level of the lower class that is closest to their current salary without providing a raise.
Any employee displaced to a lower class shall not be required to serve a probationary period.
E. Notice of Displacement. Notice of any displacement, under these rules, shall be made by giving a letter to the employees to be displaced a minimum of three days prior to the effective date of the displacement. The letter shall inform the employees of the appointing authority’s decision to reduce the work force. If any employee affected by the displacement cannot be located within twenty-four (24) hours after the effective date of displacement, the letter containing the displacement notice shall be mailed via certified mail, return receipt requested, to that employees last known address as shown on the employees records on file in the Personnel Office. Municipal code Section 2.84.310 shall apply as to severance pay.
F. Placement of Names on Re-employment Lists. On the date displacements become effective, the city manager shall order the names of displaced full-time and/or initial probationary employees to be placed on the re- employment lists established for all classes from which they were displaced.
G. Reversion to Former Status. When a reduction in the work force results in the displacement of an employee who had acquired full-time status in a former class, the employee shall, dependent upon his/her seniority, be reinstated to that former class. If the employees seniority is not sufficient to displace any employee in his/her former class, he/she shall be placed on the re-employment list for that class in addition to his/her current class. However, the employee must have continuous service with the city and may not have been removed from his/her former class for cause.
H. Use of Re-employment Lists. If, after a displacement occurs within a department, a position subsequently becomes available, the following method of filling the vacant position shall be used:
1. The department head shall notify the manager of human resources of the vacant position to be filled.
The manager of human resources shall certify the most senior individual eligible for re-employment to the position from the department displacement re-employment list and notify the eligible individual to contact
the department head to arrange the date for filling the position.
2. If the department displacement re-employment list is exhausted, the manager of human resources shall
certify the three most senior eligible individuals from the city displacement re-employment list and shall
notify those individuals to contact the department head for a job interview.
I. Rights of Employees Recalled from Displacements. An employee recalled from a city or department displacement re-employment list shall return to the same salary step held prior to displacement. The employee shall assume the same vacation accrual rate, vacation accrual date and increment seniority date (minus displacement period) as previously enjoyed in the class. All sick leave credits of record at the time of displacement shall be re-credited to the employee upon return to a full-time position within the class formerly held.
1. Recalled full-time status employees from the department displacement re-employment list shall not be
required to serve a probationary period; unless the employee was displaced during a probationary period,
whereupon the remaining probationary time shall be served when recalled.
2. Employees recalled from the city displacement re-employment list shall be required to serve a
probationary period.
3. If an employee fails probation as in number 2 above, he or she shall be removed from the city’s
displacement list but shall be retained on the department displacement re-employment list.
J. Priority and Duration of Re-employment Lists. Notwithstanding any provision to the contrary, the department displacement re-employment list and the city displacement re-employment list shall have precedence over all other employment lists.
1. Displaced employees, in continuous service within the city, shall have the right to return to their former
positions. However, they shall be required to maintain all job-required training, certification and licenses.
2. The duration of affected employees rights to return to work through the department displacement re-
employment list and the city displacement re-employment list shall be three years from the date of
placement on such lists.
3. If an employee desires re-instatement, he or she shall be required annually to notify, in writing, the
manager of human resources of his or her intention. Prior to re-employment, said employee shall be required
to demonstrate that he or she has maintained the required level of expertise or skills by passing any required
entrance examinations, including, but not limited to, written, medical, agility or psychological testing as
required by the department head.
4. Also, it shall be incumbent upon all displaced employees to maintain all job-required training certification
and licenses.
Individual names shall be removed from the department displacement re-employment list and the city displacement re-employment list for any of the following reasons: a. Failure to accept employment or report to work, within fourteen working days after receipt of notice certifying eligibility for re-employment, in a similar position in the same class within the department from which the employee was displaced;
b. Failure to notify the manager of human resources of any change in their address or telephone
number within seven days of change;
c. Failure to provide the manager of human resources with annual notification of intent to stay on the
list;d. Failure to appear for a job interview after notification;
e. Failure to respond, for any reason, within seven working days after posting by certified mail, return
receipt requested, of a notice to the employee certifying eligibility for re-employment;f. Request in writing by the employee to be removed from the lists;
g. Failure to accept employment or report to work for a position within a class listed by the employee
on the city displacement re-employment form shall remove the employee’s name from the city displacement re-employment lists.
K. Appeal Procedure. Any displaced probationary or full-time employee may object to his or her displacement on grounds that the seniority calculation was incorrect or that the displacement action was the result of an improper or illegal employment practice. The employee may do so by filing an appeal within three days after being either personally served with a notice of displacement by the department head, or after receiving a certified or first-class letter informing him or her of the pending displacement.
1. The city manager or designee shall determine the method of review and may conduct his or her own
investigation, call witnesses, review documents, and/or proceed in the same manner it would for a hearing
under these rules. After either a review or hearing, the city manager or designee shall make a final
determination.
2. If the employee who is displaced fails to make a timely appeal to his or her displacement, the
displacement shall be effective as of the date specified in the notice of displacement. However, the city
manager may correct an error in seniority calculations at any time and may make appropriate adjustments in
an order of displacement or a priority list ranking due to the correction. (Ord. 4282 § 1, 2005; Ord. 4124 § 1,
2003; Ord. 3684 § 1, 1995; prior code § 3.14.220)
2.72.240 Disciplinary action.¶
Disciplinary action shall be taken against employees for infractions of the city Charter, municipal code, administrative rules and regulations, administrative practices, and departmental procedures or policies.
A. Reprimand. A department head may cause a reprimand to be filed in an employee’s personnel file upon sufficient cause. The reprimand shall be in the form of an employee performance evaluation form and/or a deficiency notice. A copy of the reprimand shall be furnished the employee.
B. Suspension. The department head may suspend from duty for cause, any employee within his or her department for a period not to exceed thirty days in any one instance, subject to appeal and review of the city manager. Notice of the suspension stating the cause will be filed on the change of employee status form and a copy furnished the employee.
C. Reduction in Salary. A department head may recommend the movement of an employee from one salary step within a salary range to a lower salary step for performance less than standard. The recommendation will be filed on an employee performance evaluation form with a copy furnished to the employee thirty days in advance of the salary reduction. Recommendations for salary reductions must receive the approval of the city manager.
D. Right of Appeal. An employee shall have the right to appeal to the city manager, any disciplinary action, other than discharge, taken against him or her. Appeals must be in writing and must be filed with the city manager within five days of the action taken. Failure to appeal shall be held to be an admission of the validity of the disciplinary action.
E. Hearing. Upon receipt of an appeal, the city manager shall investigate the circumstances of the disciplinary action and set a date of hearing within ten days of receipt of appeal. An accused employee may designate a representative to speak in his or her behalf at the hearing. The accused employee and the department head shall be allowed the right to call witnesses for purposes of the hearing upon request to the city manager. Failure of the accused employee to appear at the hearing shall be deemed a withdrawal of his or her request for hearing and the disciplinary action shall be final.
F. Decisions. The city manager shall render his or her decisions on hearings of appeal from disciplinary action in writing within thirty days of hearing; a copy furnished the department head and accused employee, and a copy filed in the personnel record of the employee.
G. Forfeiture of Salary. Employees placed on disciplinary suspension shall forfeit salary and shall not accrue rights to employee benefits, vacation, sick leave, etc., during the course of suspension.
H. Discharge. When in the opinion of the department head, an employee has conducted him or herself in such a way as to justify his or her discharge from city service, the department head shall suspend the employee and notify him or her in writing of his or her intentions to file charges for his or her removal. The notice shall be prepared and sent by regular mail at the same time as suspension from the employee’s position is made. A copy of the notice shall be filed with the civil service board and the city manager. The department head shall prepare written charges which shall be served on the suspended employee within thirty days of the notice of intent to file charges. The accused employee must answer these charges within ten days after being served. Failure to answer the charges within ten days shall be held to be an admission of the charges by the accused and a waiving of hearing, whereupon the civil service board shall find the accused employee guilty as charged and he or she shall be removed and discharged from city service as of the day of his or her suspension by the department head. (Prior code § 3.14.230)
2.72.250 Terminations.¶
Separation from city service of a permanent employee may occur for the following reasons:
A. Lack of Work—Lack of Funds. A permanent employee may be terminated by the city manager because of a shortage of work or funds, completion or reduction of the work load, abolition of the position, or a change in the duties of the department concerned. In the event a position is abolished, the employee will be given two weeks’ notice prior to the termination date.
B. Resignation. Employees leaving city service in good standing should notify their department head in writing at least two weeks before the effective date of resignation.
C. Absent Without Leave (A.W.O.L). An absence unauthorized for a period of two consecutive working days shall be considered voluntary resignation and result in the immediate termination of the employee unless the employee can demonstrate that such absence was due to circumstances beyond his or her control.
D. Discharge. A permanent employee may be terminated from the city service at any time for disciplinary reasons and following the procedures established by the appropriate civil service board.
E. Incapacity. Employees who are unable to perform all the duties of their position due to physical or mental incapacity shall be terminated from the city service under the appropriate provision of civil service regulations. The termination shall in no way prejudice or jeopardize any rights the employee is entitled to by employment with the city until the time of termination.
F. Retirement. Employees retiring from city service are subject to the terms and conditions of the city’s contract with the State Employee’s Retirement System. Employees planning to retire should give their department written notice thirty days prior to the effective date of retirement. (Ord. 4668 § 1, 2012; Ord. 2782 § 4, 1982; prior code § 3.14.240)
2.72.260 Outside employment.¶
A. Public safety (peace officers and an officer and/or employee of the fire department) may engage in outside employment, business, profession, occupation, trade or calling, only if determined by the appropriate chief (police or fire), pursuant to guidelines established in their respective department rules and regulations, that such outside employment, business, profession, occupation, trade or calling will not interfere with the performance of his/her duty, will not be detrimental to the interests of the city or the department and will not create a conflict of interest, a potential conflict of interest, nor the appearance of a conflict of interest. All officers and/or employees of the police and fire departments shall be available for duty at any time.
B. All other employees may hold outside employment if it is determined by their department head and the city manager that the employment will not interfere with the satisfactory performance of their city duties.
C. In order to insure that the outside employment is not detrimental to the city or is not a conflict of interest, any employee holding or intending to hold outside employment shall file a statement listing the name and address of the business or person for whom the employee will work, the nature of the work, and the time and hours to be worked. (Ord. 3316 § 1, 1990; prior code § 3.14.250)
2.72.270 Conflict of interest.¶
Employees of the city shall not engage in business transactions or have undeclared financial interest either direct or indirect which will impair fairness and impartiality on matters subject to the employee’s discretion. (Prior code § 3.14.260)
2.72.280 Change in employee status reports.¶
Appointments, transfers, promotions, demotions, suspension, terminations, change in salary rates, sick leaves and vacation, or any other temporary or permanent change in the status of employees of the city will be reported to the personnel office on a form prescribed by the city manager. (Prior code § 3.14.270)
2.72.290 Service award.¶
A. Service as a permanent employee of the city shall be recognized by an appropriate award to such employees who have given five, ten, fifteen and twenty years or more of such service.
B. Such award shall bear the city seal and shall be in such form and given at such times as deemed appropriate. (Ord. 4864 § 1, 2016; prior code § 3.14.280)
2.72.300 Training.¶
Training programs for employees of the city may be established as deemed necessary by the department head with the approval of the city manager. (Prior code § 3.14.290)
2.72.310 Employee grievance procedure.¶
A. Matters Subject to Grievance Procedure. All employees in the city service shall have the right to present a grievance regarding dissatisfaction with some phase of his or her job or relations with others on the job which is outside his or her scope of control.
B. Objective. Objective of grievance procedure shall be:
To promote improved employee-employer relations by establishing grievance procedures on matters for which appeal or hearing is not provided by civil service board rules;
To afford employees individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions;
To provide that grievances shall be settled as near as possible to the point of origin;
Encouragement that grievances should be heard and settled as informally as possible.
C. Individual Informal Grievance Procedure. An employee who feels he or she has a grievance should attempt to resolve this grievance by discussion with his or her immediate supervisor without undue delay. If after such discussion, the employee does not feel the grievance has been satisfactorily resolved, he or she shall have the right to discuss the matter with the chain of command including his or her department head. Every effort should be made to resolve the grievance by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such informal discussions, he or she shall have the right to file a request for a formal grievance in writing with his or her superior or department head. An informal grievance shall not be taken above the department head.
D. Individual Formal Grievance Procedure. After exhaustion of the informal grievance procedure, the grievance shall be put in writing and shall proceed on the following levels of review:
1. Department or Division Review. The employee shall file his or her grievance in writing with his or her
department head who shall discuss the grievance with the employee. The department head shall render his
or her decision and comments to the employee in writing within fifteen calendar days. If the employee does
not agree with the decision reached or if no answer is received from the department head within fifteen
calendar days, he or she may present the grievance in writing to the city manager. Failure of the employee to
take further action within ten calendar days after receipt of the decision or within a total of twenty-five
calendar days if no decision is rendered, will constitute withdrawal of the grievance.
2. City Manager Review. Upon receiving the grievance, the city manager or designated representative shall
discuss the grievance with the employee and all other appropriate persons. The city manager may appoint a
fact finding committee or an officer not in the normal line of supervision to investigate and advise him or her
concerning the grievance. The city manager shall render a decision in writing to the employee within twenty
calendar days after receiving the grievance. The decision of the city manager shall be final in all cases unless
the grievance is subject to policy review by the city council. In such cases, the city manager shall then refer the
matter to the appropriate council committee.
E. Employee Organization Grievance Procedures.
1. A recognized official of an employee organization may submit written grievances on behalf of the
organization or an employee to the appropriate department head with a copy filed with the city manager;
2. The department head shall render a written decision within fifteen calendar days within receipt of the
written grievance unless a mutually agreed upon extension of time is set; a copy of the department head’s
decision will be filed with the city manager;
3. If the employee organization is not satisfied with the decision rendered by the department head, they
may request a city manager review of the grievance within ten calendar days of receipt of the department head’s decision; failure of the employee organization to take further action within ten calendar days after receipt of the department head’s decision or within a total of twenty-five calendar days if no decision is rendered, will constitute withdrawal of the grievance; the city manager shall render his or her written decision within twenty calendar days after receiving the grievance; the city manager’s decision shall be final in all cases unless the grievance is subject to policy review of the city council; in such cases, the city manager shall refer the matter to the appropriate council committee.
F. Conduct of Grievance Procedure.
The time limits specified in this section may be extended by mutual agreement of the employee or employee organization and the reviewer concerned;
The employee may request the assistance of another person of his or her own choosing in preparing his or her written grievance;
- Employees are assured freedom from reprisal for use of grievance procedures. (Prior code § 3.14.300)
2.72.320 Complaints against policemen.¶
A. Statement to Appointive Authority. Any person, other than the authority having the appointive power, believing that he or she has a grievance against any member of the police department, shall, before any formal complaint is filed with the civil service commission for the police department, present a verbal or written statement of such grievance to the authority having the appointive power of the person allegedly causing such grievance.
B. Investigation and Formal Complaint. Upon receipt of such statement, the appointive power shall at once investigate or cause to be investigated the allegations of the aggrieved, and if he or she finds sufficient grounds to substantiate the charges, shall file or permit to be filed by the aggrieved, a formal complaint against the accused with the civil service commission.
C. Report of Investigations. Should the appointive power find, upon investigation, that the charges against the accused are unfounded or untrue, or not within the jurisdiction of the civil service commission, no formal complaint shall be filed with the commission, and the appointive power shall inform the person claiming to be aggrieved of the results of his or her investigation and of his or her determination in the matter.
D. Filing of Complaints. In all other cases, complaints shall be filed by the appointive power. (Prior code § 3.14.310)
2.72.330 Defense of civil action or proceeding.¶
A. In any civil action or proceeding, except as limited in subsection B of this section, brought against an officer, employee or former employee in his or her official capacity or individual capacity, or both on account of an act or omission in his or her employment as an employee of the city, the city shall provide, at its expense, for the defense, including, but not limited to, investigation, settlement or settlement negotiation where appropriate, all legal costs, and costs of defense whether or not allowed by court, attorneys’ fees, and appeal to the extent appropriate, and shall pay or indemnify such officer or employee from payment of any judgment or settlement found to be payable by the city or by such officer or employee in any case arising out of or connected with alleged acts or omissions to act in the performance of any official duty of such officer or employee.
B. The city shall not provide for the defense or any payment with regard to an officer, employee or former employee where:
Such defense or payment is prohibited by federal or state constitutions or by statute binding upon the city; or
The action is brought voluntarily by the city against such officer or employee to determine liability for, or to recover sums payable to the city by such officer or employee; or
Any disciplinary proceedings against such officer or employee; or
The act or omission complained of was done because of actual fraud, malice or corruption and not in good faith performance of official duties; or
Such officer or employee fails to reasonably cooperate in good faith in the defense of the claim or action.
C. The city may enter into an agreement with an officer, employee or former employee to conduct the defense, when there is a dispute as to whether the claim arose out of or occurred within the scope of employment or duties, and such agreement may reserve the right not to pay the judgment, compromise or settlement unless and until it is established that such claim arose out of an act or omission within the scope of employment or the performance of duties.
D. Nothing in this section shall be construed to require the city to purchase any particular form or amount of insurance coverage, nor prohibit the city from acquiring any specific insurance coverage. (Prior code § 3.14.320)
Get a plain-English answer with a citation back to this text.
Ask AI about this code