Culver City Municipal Code Ch. 3.05 Personnel Policies

Section

Civil Service System

Police Officers' and Fire Fighters' Salaries

Retirement System

Cross-reference:

Civil service, see Charter §§ 1200 et seq.

Civil Service Commission, see §§ 3.03.005 et seq.

Employee bonds; fixing amount and coverage, see § 3.02.005

Political activity of city officers, employees and consultants, see § 3.06.055

Public Employees’ Retirement System, see Charter § 1300

CIVIL SERVICE SYSTEM

To establish and maintain an equitable and uniform procedure for dealing with personnel matters and to place municipal employment on a merit basis so that the best qualified persons may be available through competitive tests.

('65 Code, § 2-28) (Ord. No. CS-353 § 1)

In addition to such other rules as the Civil Service Commission may determine are necessary and proper to carry out the intent and purpose of the personnel program, the following duties, tasks and principles shall be addressed in the Civil Service Rules:

A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the Classified Service, including employment standards and qualifications for each class.

B. Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class.

C. Public announcement of all tests and the acceptance of applications for employment.

D. Preparation and conduct of tests and the establishment and use of resulting eligible lists containing names of persons eligible for appointment.

E. Certification and appointment of persons from eligible lists, and making of temporary appointments.

F. Evaluation of employees during the probationary period.

G. Transfer, promotion, demotion and reinstatement of employees in the Classified Service.

H. Separation of employees from municipal service through layoff, suspension and dismissal.

I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, education and training.

J. Suitable provision for orderly and equitable presentations to the Council by employees relating to general conditions of employment.

K. Content, maintenance and use of personnel records and forms.

('65 Code, § 2-29) (Ord. No. CS-353 § 4; Ord. 2022-006 § 1)

The Civil Service System shall be applicable to all departments, offices, positions and employments and all persons employed by the City except the following:

A. Elective offices;

B. Members of appointive boards, commissions and committees;

C. Persons engaged under contract to supply expert professional or technical services for a definite and limited period of time;

D. Assistant City Managers, Assistants to the City Manager, the Personnel and Employee Relations Director, Public Works Director/City Engineer and such staff assistants to any of said employees as the City Council may authorize;

E. Volunteer personnel, crossing guards, or other employees holding seasonal, limited or temporary appointments of limited duration, or serving on a part-time basis;

F. Staff assistants to the head of a department or division as may be authorized by the City Council.

G. Professional and technical employees in the field of information technology, who perform design, development, documentation, analysis, acquisition, installation, creation, technical support, testing or modification of computer systems or programs.

('65 Code, § 2-30) (Ord. No. CS-353 § 5; Ord. No. CS-910 § 1; Ord. No. 94-002 § 1; Ord. No. 97-008 § 1; Ord. No. 2006-009 § 11)

A. Designation of officer. The Personnel Officer shall be the City Manager, or such person as appointed by the City Manager. Duties may be combined with those of any other office or position, provided the appointee shall have had training or experience in personnel administration.

B. Duties.

1. Attend all meetings of the Civil Service Commission and serve as liaison officer between the City Manager and the Civil Service Commission.

2. Administer all of the provisions of the Rules not specifically reserved to the City Council, the Civil Service Commission, or the City Manager.

3. Assist the Civil Service Commission in the preparation, study and analysis of rules and revisions and amendments thereto, for submission to the City Council after approval by City Attorney as to legality of such action.

4. Assist the Civil Service Commission in the periodic study and analysis of salaries paid by other public and private agencies, at the discretion of the City Council, as set forth in Section 3.03.100 of this Code.

5. Encourage the improvement of municipal service by studying needs and recommending programs for education and training to the City Manager; such programs becoming effective upon approval by the Civil Service Commission and the City Council.('65 Code, § 2-31)

('65 Code, § 2-32) (Ord. No. CS-353 § 6; Ord. No. 2006-009 § 12; Ord. 2022-006 § 2)

The City Council, upon the recommendation of the Civil Service Commission or the City Manager, may contract with any qualified person or agency for the performance of technical services in the operation of the Civil Service System.

('65 Code, § 2-33) (Ord. No. CS-353 §§ 6, 7; Ord. No. 2006-009 § 22 (part))

Appointments to vacant positions in the Classified Service shall be made in accordance with the Civil Service Rules by the City Council, the City Manager, or the officer to whom the power to make appointments has been delegated.

('65 Code, § 2-34) (Ord. No. CS-353 § 8; Ord. No. 2006-009 § 22 (part))

All regular appointments, including promotional appointments, shall be for a probationary period of one (1) year. During the probationary period, the employee may be rejected at any time without right of appeal or hearing. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from the municipal service.

('65 Code, § 2-35) (Ord. No. CS-353 § 9)

In the event an employee of the City holding a position under Civil Service is appointed to a position not under the Classified Service, and should subsequently be removed therefrom, he shall revert to his former position under the Classified Service without loss of any rights or privileges and upon the same terms and conditions as if he had remained in said position continuously. The right of restoration shall be effective for a period of two (2) years from the date of appointment to the position not within the Classified Service.

('65 Code, § 2-36) (Ord. No. CS-353 § 10; Ord. No. 2006-009 § 12)

All persons holding positions in the Classified Service shall be subject to disciplinary action for misconduct, incompetency, inefficiency or failure to perform duties, or to observe the Rules of the Department in which he is employed or of the Commission, but subject the right of appeal of the aggrieved party to the Civil Service Commission in the manner set forth in the Civil Service Rules.

('65 Code, § 2-37) (Ord. No. CS-353 § 11)

The City Clerk and the City Treasurer are the appointing authorities for personnel in their respective Departments, but such personnel shall be appointed from the eligible lists prepared in the same manner as applies to other employees in the Classified Service and shall be governed by all of the requirements of said service.

('65 Code, § 2-38) (Ord. No. CS-353 § 12)

Whenever in the judgment of the City Council it becomes necessary in the interest of efficiency or economy so to do, it may consolidate any department or departments, or positions in the Classified Service, or if necessity for the position involved no longer exists, it may abolish any position or employment in the Classified Service and in the event of such consolidation or abolishment of position may lay-off, demote, transfer or discharge the employees holding such position. Should such position or employment or any position involving all or any of the same duties be reinstated or created within two years, the employee laid-off, demoted, transferred or discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position, provided that the said employee complies with the Rules of the Civil Service Commission relative to such reinstatement.

('65 Code, § 2-39) (Ord. No. CS-353 § 12)

No City employee or person seeking City employment shall be subject to discrimination which is prohibited by applicable Federal, State, or local law. In accordance with this policy, no employee or prospective employee shall be interfered with, intimidated, restrained, coerced, employed, promoted, demoted, discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, religious beliefs, age, sex, disability, or national origin.

('65 Code, § 2-43) (Ord. No. CS-353 § 16; Ord. No. 84-029 § 1)

A. Because of the potential for creating adverse impacts on supervision, safety, security or morale, members of an immediate family shall not be employed in the direct line of supervision of one another.

B. If at the time of the adoption of this policy, an employee has an immediate family member also employed by the City, this Section shall not be applicable to that employee based on that existing familial relationship.

C. This policy shall not be applicable to any person whose immediate family member is elected to the City Council, if such person, at the time of such election, is currently employed by the City.

D. Employees who become subject to this policy after appointment, but who are not otherwise exempted, pursuant to Subsection B., shall have the opportunity to transfer subject to the provisions of the Civil Service Rules, relating to transfers. In the event no transfer is available, one of the employees shall resign and such resignation shall be effective within a reasonable time period, not to exceed thirty (30) calendar days, after notification of the decision of transfer unavailability. The decision regarding who shall resign may be made by the affected employees. If no decision is made within thirty (30) calendar days:

1. The employee with the most recent appointment, transfer or promotion which resulted in the application of the policy shall be deemed to have resigned; or

2. If the reason the policy applies is other than an appointment, promotion or transfer, the employee with the least cumulative seniority shall be deemed to have resigned.

E. For the purpose of this Section, IMMEDIATE FAMILY shall be defined as the following relationships whether established by blood, marriage or other legal actions:

1. Parents, grandparents, step-parents, step-grandparents, brothers, sisters, half-brothers, half-sisters, step-brothers, step-sisters, children, children's spouse(s), grandchildren, step-children, step-grandchildren.

2. Spouse and spouse's parents, grandparents, brothers, sisters, half-brothers, half-sisters, step-brothers, step-sisters, step-parents, step-grandparents, step-grandchildren.

F. For the purpose of this Section, DIRECT LINE OF SUPERVISION shall be defined as any regularly assigned employment relationship wherein an employee holds a position with any control or authority over an immediate family member of that employee. A City Council member shall be deemed to hold a position of control and authority over every City employee. A member of a City Commission, Board or Committee shall be deemed to hold a position of control and authority over every City employee who is regularly assigned as staff support to that member's Commission, Board or Committee.

G. When it is determined an employee is affected by this policy, the employee may appeal such determination to the Civil Service Commission for a final administrative adjudication of the matter; provided that the Civil Service Commission, in its discretion, may use the services of a hearing officer and not hold evidentiary hearings itself; and provided further that, if the employee to whom the Policy has been determined to apply is an immediate family member of any member of the Civil Service Commission that Commission member shall abstain from voting on the appeal.

H. The administrative procedures contained in this policy shall constitute an employee's exclusive administrative remedy. An employee may not file a grievance or other form of complaint for any determination, decision or action taken under this policy, except as provided in Subsection G. herein.

('65 Code, § 2-45.5) (Ord. No. 88-027 § 1; Ord. No. 2006-011 § 1)

POLICE OFFICERS' AND FIRE FIGHTERS' SALARIES

This Subchapter shall be known as “The Salary Act for Police Officers and Fire Fighters of the City of Culver City.”

('65 Code, § 2-46) (Ord. No. 84-020 § 1)

Cross-reference:

Police Department, see Ch. 3.04

The words and terms defined in this Section and used in this Subchapter shall have the following meanings:

BASE MONTHLY SALARY shall mean the compensation attached to the positions occupied by employees of the Police Department or the Fire Department, in the job classifications listed in this Subchapter. Overtime pay, bonuses, longevity, retirement, assignment pay, or other special pays are excluded.

SALARY RATE. shall mean each hourly salary listed in the Schedule of Salary Ranges adopted by Resolution No. CS-7714, as amended.

SALARY STEPS. shall mean specific salary levels for the classification of police officer and fire fighter. The number of steps and time intervals of their occurrence is determined by the City and County of Los Angeles' salary steps and time intervals for comparable positions.

('65 Code, § 2-47) (Ord. No. 84-020 § 1)

A. The salary steps for the classification of police officer in the Police Department of the City of Culver City shall be set at an amount not less than the average of Base Monthly Salaries for comparable steps in classifications in the Police Department of the City of Los Angeles and the Sheriff's Department of the County of Los Angeles.

B. The salary steps for the classification of fire fighter in the Fire Department of the City of Culver City shall be set at an amount not less than the average of Base Monthly Salaries for comparable steps in classifications in the Fire Department of the City of Los Angeles and the Fire Department of the County of Los Angeles.

C. The salary for all other classifications in the Police Department shall be set at an amount not less than the percentages listed below:

• 1. Police Sergeant — Top step police officer plus ten percent (10%).
• 2. Police Lieutenant — Police sergeant plus ten percent (10%).
• 3. Police Captain — Police lieutenant plus fifteen percent (15%).
• 4. Assistant Chief of Police — Police captain plus ten percent (10%).
• 5. Chief of Police — Police captain plus twenty percent (20%).

D. The salary for all other classifications in the Fire Department shall be set at an amount not less than the percentages listed below:

• 1. Fire Engineer — Top step fire fighter plus ten percent (10%).
• 2. Fire Captain — Fire engineer plus ten percent (10%).
• 3. Battalion Chief — Fire captain plus fifteen percent (15%).
• 4. Battalion Chief/Assistant Chief — Battalion chief plus ten percent (10%).
• 5. Fire Chief — Battalion chief plus twenty percent (20%).

E. Notwithstanding Subsections A. through D., hereof, each salary step for Culver City police officers and fire fighters shall be set at the salary rate nearest the amount described in Subsections A. through D., hereof.

F. Whenever Base Monthly Salaries for police officers or fire fighters are approved for adjustment by the elected governing body of the City of Los Angeles or the County of Los Angeles, or both, the City Council of the City of Culver City, within thirty (30) days, shall adjust salaries of Culver City police officers and fire fighters, or both, in accordance with this Subchapter. Said salary adjustments shall be effective the first pay period following the effective date in the City of Los Angeles or the County of Los Angeles including any retroactive adjustment of the Base Monthly Salary.

('65 Code, § 2-48) (Ord. No. 84-020 § 1)

A. Conditions of employment, except the setting of salaries as hereinabove stated, are based upon and pursuant to applicable law.

B. If any Section of this Subchapter or part hereof shall be declared unconstitutional or illegal for any purpose, then the illegal Section shall not affect the validity or legality of the remaining portion or portions of this Subchapter.

('65 Code, § 2-49) (Ord. No. 84-020 § 1)

RETIREMENT SYSTEM

A. Contract. A contract between the City of Culver City and the Board of Administration, California State Employees' Retirement System, in the form attached to and authorized by Ord. 606, as well as amendments to the Contract authorized by Ordinances CS-145 and CS-213, shall be in effect until further amended or until terminated as provided in Article § 1300 of the Charter.

B. Amendment.

1. An amendment to the contract between the City of Culver City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though set forth in full.

2. The City Council is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City.

('65 Code, § 2-52) (Ord. No. 92-011; Ord. No. 94-019, §§ 1, 2; Ord. No. 97-015, §§ 1, 2; Ord. No. 98-004, §§ 1, 2; Ord. No. 98-004, §§ 1, 2; Ord. No. 99-011, §§ 1, 2; Ord. No. 2000-020, §§ 1, 2; Ord. No. 2004-010, §§ 1, 2; Ord. No. 2007-001, §§ 1, 2)

Editor's note:

Exhibit A, referred to herein, may be found on file in the office of the City Clerk attached to the various ordinances listed above.