Beverly Hills Municipal Code Art. 2 Personnel Procedures

Applicants for positions in classified service shall be required to pass an examination to qualify for appointment. The director of human services shall assure wide publicity for classified service positions to encourage qualified persons to compete in the examination process and assure that the best qualified persons are available for appointment to the positions in the classified service.

A. Examinations may be assembled or unassembled and may consist of written, oral, performance, physical, medical, or practical tests, or investigations or evaluations of training, experience, character, or personal traits.

B. Examinations may be specified by the director of human services as promotional only, as open only, or as both open and promotional.

C. In promotional examinations, the director of human services may designate the rank or grade eligible to take the proposed examination.

D. The examination process shall be conducted in such a manner that it does not favor or discriminate against any person because of race, sex, marital status, arrest record, religion, or national origin.

E. Applicants shall be ranked on a list on the basis of their examination results and any seniority credits which may be applicable. (1962 Code § 2-6.107)

Seniority credit points shall be applicable only to miscellaneous employees and fire department employees, as designated under the compensation plan as adopted by council resolution. To qualify for seniority credit points, such employees must pass the qualifying examination for the position, and must be employed by the city on permanent appointment status. Seniority credits shall be added to the examination score subject to the following conditions:

A. Total seniority credits shall not increase the examination score by more than ten percent (10%) or ten (10) points.

B. Employees entitled to seniority credit shall receive one-half percent (1/2%) or one-half (1/2) point for each year of employment by the city.

C. Employees of the "fire department" classification under the compensation plan shall receive credits in the following manner:

1. In any position below the rank of fire captain, seniority credit as provided in subsection B of this section.

2. Upon attainment of the rank of fire captain, all previous seniority credits shall be forfeited, and seniority credits commence anew upon the date of appointment to the position of fire captain.

3. Upon attainment of the rank of battalion chief, all previous seniority credits shall be forfeited, and seniority credits commence anew upon the date of appointment to the position of battalion chief. (1962 Code § 2-6.107)

A. When an appointment is to be made to a vacancy in the classified service, the director of human services shall submit to the appointing authority the names of all qualified persons on the appropriate eligible list, or combination of lists, in the order of their priority.

B. The priority of eligible lists for any position shall be as follows:

1. The reemployment list which shall consist of the names of permanent employees who have been laid off or demoted for lack of work or funds or due to a reorganization.

2. The promotional list from an examination as provided in this article.

3. The original appointment list from an examination as provided in this article.

C. The name of any probationary employees who are laid off for lack of work or funds, or due to a reorganization, shall be restored to the same eligible list from which the original appointment was made.

D. Any classified service employee who resigned may apply within one year after resignation for restoration to the eligible list from which their appointment was made, and if restoration is recommended by their former department head, the city manager may order the name of the employee restored to the appropriate eligible list. (1962 Code § 2-6.108(c))

A. The city council shall be the appointing authority for the positions of city manager, city attorney, and city clerk.

B. The city manager, subject to the advice and consent of the city council, shall be the appointing authority for all department heads except those designated in subsection A of this section, and for all assistant and deputy city managers.

C. The city manager shall be the appointing authority for all positions authorized in the city manager's office, except those designated in subsection B of this section.

D. For all positions below the department head level, and which are not included in subsection B of this section, the respective department head, subject to approval by the city manager, shall be the appointing authority. (Ord. 16-O-2710, eff. 9-30-2016)

The appointing authority shall make appointments to budgeted or subsequently authorized positions in the classified service within thirty (30) days after the receipt of a certified eligible list containing three (3) or more names. No position for which an eligible list is available shall be allowed to remain unfilled for over thirty (30) days without authorization from the city manager. Appointment within the classified service may be part time or full time, and shall be made within the category of either probationary, permanent, or limited term as provided herein:

A. Appointments from eligible lists shall be probationary appointments. The work performance of the appointee shall be evaluated during the probationary period, and the appointing authority may terminate the employee, with or without cause, at any time during the probationary period. Such termination shall not be subject to review or appeal by the terminated probationary employee; provided, however, notwithstanding the foregoing, pursuant to the provisions of section 3304 of the Government Code of the state, sworn police personnel terminated during the probation period shall have the right of an interdepartmental administrative hearing in accordance with the procedures established by the police chief. Any employee terminated from a probationary position, and who immediately prior to receiving such appointment held a permanent appointment in another position in the classified service, shall be returned to the previously held permanent position, unless dismissed for cause. The duration of probationary period shall be a minimum of:

1. Six (6) months for all probationary employees except police and fire personnel;

2. Twelve (12) months for police personnel above the rank of police officer, for appointees to the rank of police officer laterally transferring from another police agency, and for fire personnel;

3. Eighteen (18) months for all other police officer appointees.

B. Appointments to permanent status shall be granted upon successful completion of the probationary period if recommended by appointing authority and approved by the city manager.

C. Appointments for limited term may be made for the period of time designated at the time the appointment is made. The appointee shall be subject to the probationary provisions of subsection A of this section; however, upon expiration of the designated term, the employment shall automatically terminate, and there shall be no right of appeal from termination which occurred through expiration of the term of the limited term appointment. Upon authorization from the appointing authority and approval by the city manager prior to expiration of the limited term appointment, a limited term employee may be transferred to an established classified position in which the requirements and duties are identical to the limited term position. (1962 Code § 2-6.108)

Appointments not within the classified service shall be exempt from classified service provisions, no tenure rights shall accrue, and appointees shall serve at the pleasure of the appointing authority. Such appointments may be part time or full time, and shall be made within one of the five (5) categories which follow:

A. Appointments to existing positions which are exempt from classified service.

B. Appointments to seasonal positions where the nature of the work is seasonal, provided that seasonal employees shall not be entitled to sick leave or vacation benefits.

C. Appointments in an emergency situation which are authorized by the city manager for the duration of the emergency, provided emergency appointees shall not be entitled to any city employee benefits except the wages designated by the appointment.

D. Appointments to temporary positions, provided such appointments shall not exceed a period of three (3) months and such appointees shall not be entitled to sick leave or vacation benefits.

E. Appointments for the purpose of training a person for a vacant position, where the appointment is to a designated "trainee" position. Trainee appointments shall expire upon filling the vacant position.

Notwithstanding the foregoing, the employment of the police chief and the fire chief shall not be terminated by the city manager without cause provided that the police chief or the fire chief being terminated has completed five (5) or more years of employment for the city in such position. A decision by the city manager to terminate the police chief or fire chief for cause may be appealed by the terminated employee to the city council provided that a written appeal to the council, verified under penalty of perjury, is filed by the employee with the city clerk within thirty (30) days from the date of the decision by the city manager. A police chief or fire chief who has not completed five (5) or more years of employment for the city in such position may be terminated by the city manager with or without cause. This paragraph, involving certain terminations without cause of a police chief or fire chief, shall not apply to any police chief or fire chief first appointed to such position on or after July 1, 2001. (1962 Code § 2-6.108; amd. Ord. 90-O-2098, eff. 9-13-1990; Ord. 01-O-2381, eff. 10-5-2001)

Appointment of all assistant city managers, deputy city managers and department heads requires the advice and consent of the city council.

The city council shall provide its advice and consent by considering the city manager's recommendation of a candidate to the city council and voting to authorize or disapprove the city manager moving forward with the hiring process.

Following city council authorization, no further approval from the city council shall be required for that candidate. However, the city manager may conduct background checks and any other reviews or verifications, as appropriate. In the event that the city manager does not end up hiring that candidate, the city manager shall seek the city council's advice and consent before hiring a different candidate.

The city council may provide more detail concerning this process in the "City Council Policy And Operations Manual". (Ord. 16-O-2710, eff. 9-30-2016)

Every person, prior to holding any office or position in the service of the city, shall take and subscribe to the oath or affirmation of allegiance as provided by state law. (1962 Code § 2-6.116)

A. The appointing authority shall have the right to discipline any employee under their jurisdiction, subject to the employee's right of appeal. All employees holding positions in the classified service shall be subject to suspension without pay, demotion, reduction in compensation, reprimand, or dismissal from office or employment for misconduct, incompetency, inefficiency, insubordination, failure to perform duties, falsifying an oath, failure to comply with the personnel rules and regulations adopted by Council, or failure to observe the rules and regulations of their department. A reduction in pay shall not be deemed a demotion within the meaning of this section if the reduction is part of a general program to reduce all salaries and wages as an economy program of the City.

B. The City Council shall have the right to evaluate and dismiss or release any Assistant City Manager, Deputy City Manager, or department head positions for which advice and consent is required under subsection 2-5-204B of this title.

1. Evaluation: At the request of a Council member, the City Manager shall place on the agenda for a closed session the evaluation of the staff member.

2. Dismissal Or Release: At the request of three (3) or more Council members, the City Manager shall place on the agenda for a closed session the proposed dismissal or release of the staff member.

Nothing in this subsection in any way limits the right of the City Manager to discipline, dismiss or release any employee. (Ord. 16-O-2710, eff. 9-30-2016)

An employee's rights regarding appealing a disciplinary action or a grievance shall be governed solely by any provisions related to such appeals that may be contained in the memorandum of understanding between the City and the employee organization. (Ord. 18-O-2750, eff. 4-6-2018)

A. Whenever in the judgment of the council it becomes necessary in the interests of economy or because the necessity for a position no longer exists, the council may abolish any position in the classified service. When classified employees are laid off, demoted, or transferred for lack of work or funds, or due to a reorganization, such layoffs, demotions, or transfers shall be made in inverse order of seniority according to specific rules adopted by the council pursuant to the provisions of subsection 2-5-213G of this chapter. Such layoffs, demotions, or transfers shall not be deemed as disciplinary and shall not be subject to appeal. The abolishment of positions shall be by attrition wherever practicable.

B. If within two (2) years an appointment is to be made to any position or employment for which a former employee on a valid reemployment list possesses the minimum qualifications adopted by the council, such laid off employee shall have the right, in order of the date such employee's name was entered on the reemployment list and, then, in order of seniority, to such appointment; except for any such employee who files a waiver in writing with the director of human services, or who fails to report to the director of human services within ten (10) days after a notice is mailed to his or her last known address. The right to such appointment shall precede the rights of all applicants on any eligible list for the position.

C. An employee demoted pursuant to the provisions of this section, in order of seniority, may be placed on the reemployment list for any position in the classification from which the employee was demoted. For the purposes of a reappointment to such a position, the rights of a demoted employee shall be no greater or lesser than laid off employees based on seniority, subject to the specific exceptions, rights, obligations, and procedures set forth in the personnel rules and regulations adopted pursuant to section 2-5-213 of this chapter.

D. Any employee transferred for any reason to a position within the same classification or within a similar classification with the same salary and similar job duties as such employee's former position, shall not be entitled to have their name placed on any reemployment list, and no new probation period shall be required when such a transfer occurs. Transfers pursuant to the provisions of this section shall not be deemed as disciplinary, as a layoff, or as a demotion. (1962 Code § 2-6.113)

A. Leave of absence without pay may be granted to an employee for a period not to exceed thirty (30) days by the department head with the approval of the city manager. Leave of absence without pay may be granted to an employee by the city manager for a period not to exceed one year upon the recommendation of the department head and the director of human services.

B. Leave of absence with pay for any reason may be granted by the city manager upon a recommendation by the department head with the concurrence of the council.

C. Military leaves shall be granted in accordance with the provisions of state or federal laws. All employees entitled to military leave shall notify their department head in order to allow the opportunity to determine when such leave shall be taken, within the limits of military regulations. (1962 Code § 2-6.120)

A. Prohibition: A city employee shall not accept, participate, or engage in any outside employment or business, whether or not compensated, which is inconsistent, incompatible, or conflicts with the employees' duties, functions, or responsibilities as a city employee. Inconsistent or incompatible employment or business includes, but is not limited to, the following situations:

1. Employment or business which involves hours of work or physical effort which could be reasonably expected to reduce the quality or quantity of the employee's services to the city;

2. Employment or business which involves hours or locations of work which could be reasonably expected to interfere with the employee's availability for overtime emergency services to the city, particularly when the employee is on call for emergency services;

3. Employment or business which is directly or indirectly connected with the employee's duties in the city, such as dealing in merchandise or services with persons contacted in the course of city employment;

4. Employment or business which involves services of the employee in a capacity of advisor, consultant, or witness which could reasonably be expected to conflict with the interests of the City; or

5. Employment or business which causes the employee to become financially interested in any contract, sale, or transaction to which the City is a party.

B. Authorization:

1. Full time employees who desire to: a) engage in outside employment for compensation or operate a business for compensation; or b) invest or participate in any business venture conducting business in the City of Beverly Hills (except for stock ownership in any company whose capital stock is publicly held and regularly traded), shall first obtain the written approval of the applicable department head and the Director of Human Resources, except that the City Manager, Assistant and Deputy City Managers, and all department heads (including the Chief of Police and Fire Chief), shall first obtain the approval of the City Council.

The Director of Human Resources shall send written notice to the City Council and City Manager within two (2) business days from the date on which any approval is granted relating to a member of the executive management group, other than a department head. Any such approval relating to any member of the executive management group shall not become effective until the expiration of ten (10) business days after dispatch of notice to the City Council and City Manager. The Council may order a review of any approval relating to a member of the executive management group. Such review may be ordered by motion of the Council duly adopted within ten (10) business days after dispatch of notice to the City Council. If the Council orders a review of a decision approving outside employment or engagement or investment in a business venture, the effectiveness of such decision shall be stayed until Council review is final.

Approval shall not be granted if the employment or business or investment would violate the prohibition set forth in subsection A of this section.

2. Employees who seek approval for compensated outside employment or to engage or invest in a business must describe the outside employment or business, including the employer, the types of duties or activities involved, the location, hours and duration of employment.

3. The Human Resources Department shall maintain a copy of all written approvals for outside employment, business or investment. Approvals shall not exceed a period of one year; provided, however, further extensions of one year each may be granted if such extension request is filed not later than two (2) months prior to the expiration of the one year term. The employee shall immediately notify the City of any change in the extent or character of the outside employment.

C. Compensation: For the purposes of this section, compensation shall not include any cash payment or exchange of noncash goods or services of less than fifty dollars ($50.00) in any one year. Additionally, free admission and refreshments and similar noncash nominal benefits provided to an employee during an event at which an employee gives a speech, participates in a panel or seminar, or provides a service, and actual transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including, but not limited to, meals and beverages on the day of the activity, shall not be considered compensation for the purposes of this section.

D. Purchase Or Investment In Real Estate: Employees shall also report to their department head the purchase or investment in any real estate or real property improvements in the City of Beverly Hills, except that the City Manager, Assistant and Deputy City Managers, and department heads shall make such report to the City Council. (Ord. 15-O-2693, eff. 12-4-2015; amd. Ord. 18-O-2750, eff. 4-6-2018)

Council shall adopt personnel rules and regulations for the administration of the provisions of this chapter and the civil service system provided herein. The personnel rules and regulations shall be recommended to Council by the City Manager, shall be consistent with the provisions of this chapter, and shall provide for such matters as may be necessary or proper in carrying out the intent and purposes of this chapter, including, but not limited to, the following matters:

A. The classification of all positions in the classified service, including a position classification plan and classification specifications;

B. The selection, employment, advancement, suspension, discharge, and retirement of all persons in the classified service;

C. The holding of competitive examinations and the administration of other suitable tests to determine fairly the relative ability of the persons examined to discharge the duties of the position for which they are examined;

D. The creation of eligible lists for inclusion of the names of successful examination candidates in the order of their standing in the examination;

E. The rejection of candidates who fail to comply with requirements of the city in regard to age, residence, physical condition, or nepotism, or who have been convicted of a misdemeanor or felony involving moral turpitude, or who have attempted any deception or fraud;

F. The period of probation in a classified position before an appointment or promotion to such position becomes complete;

G. The transfer, promotion, demotion, reinstatement, disciplinary action, and layoff of employees;

H. The evaluation of the performance of employees;

I. The separation of employees from city employment;

J. The standardization of hours of work, attendance and leave regulations, working conditions, and the development of employee morale, welfare, and training;

K. The establishment of grievance and appeal procedures not otherwise provided by this code; and

L. Such other rules and regulations as necessary or appropriate to carry out the provisions of this chapter or administration of the personnel system. (1962 Code § 2-6.106)

Any appointing authority is authorized and empowered to promulgate rules and regulations governing operation of the department and the conduct of employees under their authority. Any such rules and regulations shall be consistent with the provisions of this chapter and the personnel rules and regulations adopted by council. (1962 Code § 2-6.101.6)