California City Municipal Code Art. 2 Individual Rights

(a) Appointments or promotions to vacant positions in the competitive service shall be based on merit and fitness ascertained so far as practicable by competitive examination. Such examinations shall fairly test the qualifications of candidates, such as achievement and aptitude, and may include minimum standards for the position.

(b) Appointments to competitive service shall be made by the department head from among one of the three candidates who scored highest in the competitive examination for the position and who remain on the relevant competitive list, if any.

(c) Whenever it is necessary to fill a position before it is possible to assemble a competitive examination and test applicants, a provisional appointment may be made of a person meeting minimum training and experience qualifications for the position. Such provisional appointment shall not exceed six (6) months. A provisional employee may be removed at any time without cause. A provisional appointment may also be made during the pendency of a suspension of an employee or pending final action on a proceeding to review the suspension, reduction or discharge of an employee.

(d) The immediate family of the Mayor, Council members, City Manager, City Attorney and Department Heads are not eligible for appointment to a position in the competitive service. The immediate family of other officers or employees are not eligible for appointment to the competitive service if the family member's activities would be subject to review or supervision by such officer or employee. As used herein, "family member" includes spouse, sibling, parent, child, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent or step-child of such officer or employee.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) Regular appointments, including promotional appointments, shall be for a probationary period of six months. Appointments, including promotional appointments, of safety employees shall be for a probationary period of twelve (12) months. During the probationary period the employee may be rejected without cause or hearing.

(b) An employee rejected during the probationary period from a promoted position shall be reinstated to the employee's former position in the classification of service unless the employee is discharged as provided in this Article.

(c) An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to their prior position if the employee is rejected during the probationary period, unless the employee is discharged as provided in this Article.

(d) Probationary periods may be extended with prior notice to the employee for a specified period to be determined by the department head on approval of the City Manager, where a further period of observation of the employee's performance is appropriate; or, in any event, will be extended automatically for a period equivalent to absence by the employee from work for any period in excess of five (5) working days in the aggregate.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) An employee may be disciplined by the City Manager. Such discipline may consist of written reprimands, suspensions without pay for a period not to exceed thirty (30) days, reductions in pay or rank or discharge. Proposed suspension, reduction in pay or rank or discharge shall be preceded by the notice required in subparagraph (b).

(b) When a Department Head proposes to suspend, reduce or discharge an employee, the Department Head shall first:

i. Provide the employee a written notice of the charges and a copy of all information on which the charges are based; and, shall invite the employee to respond to such statement.

ii. The amount of time given an employee to respond shall depend on the nature of the charges, the length of service, and the nature of the proposed disciplinary action.

iii. If the employee accepts the invitation and provides a response, the City Manager shall consider such response before action is final.

iv. The City Manager may affirm, modify or reject the proposed discipline.

(c) An employee may be suspended with or without pay for not to exceed thirty (30) calendar days pending investigation, filing of formal charges and hearing on allegations . The reasons for suspension shall be furnished in writing to the employee. A suspended employee may answer, explain or deny the allegations in writing within ten business days from the receipt thereof.

(d) An employee may be suspended without pay, discharged or reduced in rank or compensation if allegations of misconduct are supported by a preponderance of the evidence. The reasons for the reduction or discharge shall be furnished in writing to the employee. The employee may answer, explain or deny the charges in writing as provided for in (b) above.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) An employee may appeal disciplinary action to the Council if grievance procedures covering the subject matter of the appeal have been exhausted.

(b) At the discretion of the Council, in cases other than discharge, reduction or suspension in excess of five (5) days, a decision may be made after a review of written material submitted by parties.

(c) Appeals shall be in writing and state in plain language the facts and reasons why the ruling is being appealed. A hearing on the merits may be denied if the petitioner fails to state specific facts or reasons, or if in the opinion of the Council the facts or reasons if true would not entitle the petitioner to relief, provided, such denial shall be without prejudice to the filing of an amended petition.

(d) Appeals shall be filed with the City Clerk within ten (10) working days of receipt of notice of disciplinary action from the City Manager.

(e) The burden of proof by preponderant evidence shall be on the City Manager.

(f) Upon conclusion of the hearing, if any, and submission of any post-hearing briefs as the Council may elect to receive, the record of the appeal shall be considered closed; and, the Council shall render its decision within thirty (30) calendars days thereafter in the form of written findings of facts and conclusions.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) The Council may abolish a position in the competitive service. Employees transferred, demoted or laid off because of the abolishment of a position shall not be entitled to a written statement of the reasons nor the right to appeal such decision. There shall be no duty on the part of the City to meet and confer over the decision to abolish the position, though there may be a duty to meet and confer with the concerned employee organization over the impact of the elimination of the position.

(b) Seniority shall be observed in effecting a reduction in personnel and the order of lay-off shall be in the reverse order to the total cumulative time served in permanent and probationary status in the competitive service as of the effective date of the lay-off. The lay-off shall be made within classifications of position and provisional employees in the effected classification shall be laid off prior to the lay-off of probationary or permanent employee. For the purpose of determining the order of lay-off, total cumulative time shall include time served on military leaves of absence.

(c) The names of probationary and permanent employees laid off shall be placed on a re-employment list for classifications which, in the opinion of the personnel officer, require basically the same qualifications, duties and responsibilities of those in the classification from which the lay-off is made. The names of persons laid off shall be placed upon re-employment lists in the order of total cumulative time served and probationary and permanent status and shall remain on such list for a period of one year unless re-employed sooner.

(d) When a non-competitive position is abolished, the person holding the position shall be entitled only to the benefits described in this subsection. The person holding the abolished position shall receive cash severance pay in a lump sum equal to one month's pay for each year of continuous service, or fraction thereof, up to a total of six months' pay. Such pay shall be computed at the highest salary received by the person holding the position during his or her service with the City. A person in non-competitive service who has been removed from the position prior to the abolishment of the position shall not be eligible to receive such severance pay.

( Ord. No. 14-725 , § 1, 10-21-2014)

A permanent, full-time employee absent from work for a period of three (3) consecutive working days without prior written permission from the Department Head is deemed to have abandoned the position. If abandonment is caused by accident or illness, the employee shall not be deemed to have abandoned the position if:

(a) Employee notifies the Department Head or causes the Department Head to be notified as soon as physically able to do so; and

(b) Employee presents the Department Head with adequate evidence such accident or illness caused such absence and such evidence is presented prior to reporting for work.

( Ord. No. 14-725 , § 1, 10-21-2014)

No person in the employment of the City, or seeking employment, shall be employed, promoted, demoted, discharged or favored or discriminated against because of any reason prohibited by state of federal law.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) Harassment of an applicant or employee by a supervisor, management employee or co-worker on any basis prohibited by state or federal law (herein "protected status" or "protected class") is against the law and will not be tolerated.

(b) Disciplinary action, up to and including termination, will be instituted for such harassment.

(c) For purposes of this section, harassment of a protected member or class includes, but is not limited to:

(1) Verbal Harassment—For example, epithets, derogatory comments or slurs on the basis of protected status.

(2) Physical Harassment—For example, assault, impeding or blocking movement, or any physical interference with normal work or movement on the basis of protected status.

(3) Visual Forms of Harassment—For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of protected status.

(4) Sexual Favors—Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned on an employment benefit, unreasonably interferes with an individual's work performance or creates an offensive work environment.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) To accommodate the unique nature of discrimination or harassment complaints, the following pre-grievance process is provided to resolve complaints at the earliest possible date:

(1) An employee who believes he or she is the victim of discrimination or harassment should inform a supervisor and the City Manager of the discrimination or harassment in writing.

(2) City Manager, or designee, will:

(i) Obtain a written statement from the employee for review by appropriate department head;

(ii) Interview the accused party(ies), witnesses, and supervisors as appropriate; and

(iii) Counsel employee and impose discipline as appropriate.

(b) The following formal grievance procedures are available for resolution of complaints alleging discrimination or harassment if the complaint is not concluded to the satisfaction of the employee during the pre-grievance process:

(1) This formal process starts when written notification is given to the City Manager that the pre-grievance process was not satisfactory. A formal grievance complaint must be filed within thirty (30) working days of notice of the conclusion of the pre-grievance procedure.

(2) The City Manager shall expedite and direct an investigation to determine whether the alleged conduct constitutes harassment, giving consideration to the record and the totality of circumstances. Complaints about the City Manager shall be expedited by the Mayor who shall engage an independent consultant, with the advise and consent of the Council, to conduct the investigation.

(3) The City Manager shall take appropriate action as soon as possible but no longer than thirty calendar days from receipt of the formal complaint.

(c) All employees, supervisors and managers shall be given copies of this policy and this policy shall be posted in appropriate places in the City.

Every effort will be made to protect the privacy of parties involved in a complaint. Unless required by law, files pertaining to complaints will not be made available to the general public.

( Ord. No. 14-725 , § 1, 10-21-2014)