East Palo Alto Municipal Code Art. III General Rules

The following rules in this article shall be general in their nature and shall apply to and govern all offices, departments and institutions, including commissions and boards, the service of the city, and all officers and employees.

(Prior code § 2-5.301)

Every city officer, board and commission shall have the powers and perform the duties prescribed by this article and other ordinances not inconsistent with this chapter, in addition to those prescribed by this code and ordinances adopted pursuant thereto.

(Prior code § 2-5.302)

Meetings of the city council, planning commission, parks and recreation commission, rent stabilization board, public safety commission, personnel commission, public works commission, arts and culture commission and the human services commission and all other city boards and commissions now existing or which may be hereafter created, shall be open and public and all persons shall be permitted to attend any meeting of such bodies.

Special meetings may be ordered at any time by the presiding officer of any of the boards or commissions, or by majority of the members thereof, by delivering personally or by mail, written notice to each member thereof and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four (24) hours before the time of such special meeting as specified in the notice. The order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the board or commission.

Nothing in this chapter shall be construed to prevent the board or commission from holding executive sessions to consider the employment or dismissal of a public officer or employee or to hear complaints on charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The boards and commissions may also exclude from any such public or private meeting during the examination of a witness, another or all other witnesses in the matter being investigated by the board or commission.

(Prior code § 2-5.303)

All appointments and removals made by the city council and all appointments and removals which are required to be ratified by the city council shall be by a majority vote of the membership of the city council except as otherwise specified in this chapter or elsewhere in this code.

(Prior code § 2-5.304)

Every unclassified employee and every unclassified appointive officer, except those excluded by this code, who is accused by indictment, information or complaint of an act or acts which would constitute a felony, or a misdemeanor involving moral turpitude, may be placed by his or her appointing officer on leave of absence for not to exceed thirty (30) days pending investigation of such accusations. If disciplinary action is not taken on or before the date such leave is terminated, the leave shall be with pay. If disciplinary action is taken on or before the date such leave is terminated, the disciplinary action may be specified to be retroactive to any date on or after the date the employee or officer went on leave. If the disciplinary action is retroactive to a date later than the date the employee or officer went on leave, the leave prior to the effective date of the disciplinary action shall be with pay, If the disciplinary action consists of a reprimand and no more the leave shall be with pay.

As used in this section, "disciplinary action" means dismissal, demotion, suspension without pay or reprimand.

In any case where the hiring or dismissal of an employee or officer requires the approval of any other officer, board or commission, in addition to the appointing officer, no disciplinary action shall be taken against such employee or officer without the approval that would have been required for his hiring or dismissal.

(Prior code § 2-5.305)

Appointments of deputies and revocation thereof shall be made in accordance with Title 3, Division 2, Part 1, Chapter 3 of the California Government Code.

(Prior code § 2-5.306)

All resignations of city officers and heads of departments must be in writing and must be made to the city council and filed with the clerk of the council. All resignations of subordinate officers, deputies, clerks and employees shall be made in writing addressed to the officer, board, commission or body appointing or employing them. All resignations shall be effective on the date designated therein, or if no date is designated, then on the date of filing.

(Prior code § 2-5.307)

Except as provided in this chapter, city offices shall be open for the transaction of business during the hours of eight a.m. to five p.m. every day except Saturdays, Sundays and holidays.

(Prior code § 2-5.308)

The branch offices of all offices, departments and institutions shall be open to the public on such days of the week, other than Saturdays or holidays, and during such hours as public convenience and necessity may require. The head of the office, department or institution having supervision over any branch office shall determine the days and hours when such public convenience and necessity require that such branch office be open to the public.

(Prior code § 2-5.309)

The finance director shall prepare all payrolls in the manner and upon the forms prescribed for that purpose. The head of each office, department and institution shall be responsible for maintaining the personnel and time records of each office, department or institution and shall certify such information as necessary in the preparation of payroll to the finance director at the time and upon the forms prescribed. The salaries of the officers and employees of the city shall be paid on a periodic basis as the city council may by resolution from time to time adopt.

(Prior code § 2-5.310)

It shall be the duty of the head of every office, department and institution to report to the finance director all absences from duty of one-half day or more of the appointive officers or employees in his/her office, department or institution, when filing with the finance director the payroll for the period in which the absence occurs, provided that such head need not report absences granted as compensating time off for overtime worked.

(Prior code § 2-5.311)

The provisions of the rules of the civil service commission with reference to vacations and leaves of absence, including sick leave and disability leave, shall be applicable to unclassified employees; provided that where the word "Commission" is used therein it shall be deemed to mean city council. The personnel director of the city shall assist and recommend to the city council guidelines for the administration of such provisions.

(Prior code § 2-5.312)

A. Personal Injuries to Employees. Every officer and employee of the city shall forthwith report in writing to the director of civil service and personnel and to the head of his office or institution, all of the details concerning any accident in which he has been involved while acting in the scope of his employment and in which he has suffered personal injuries. In the case of serious injuries to or death of an employee and arising out of any such accident, there shall be made by any officer or employee of the city having knowledge thereof an immediate telephone report to the director of civil service and personnel which telephone report shall be in addition to any other report required by this section.

B. Property Damage and Injuries to Others. Every officer and employee of the city involved in an accident, while acting in the scope of his employment, in which accident damage to property of the city or to the person and/or property of others, however slight, is incurred, shall forthwith report in writing to the city manager and to the head of his office, department or institution, all of the details thereof. In cases of serious injury or death arising out of any such accident, an immediate telephone report shall be made to his department head by the officer or employee of the city having knowledge thereof which telephone report shall be in addition to any other report required by this section. The written reports required by this section shall include the date, time and place of the accident, a description of any property damaged, the names and addresses of all witnesses thereto and all other information required by law or which may be required by the city attorney, the director of civil service and personnel or the city manager. In the case of any accident involving a motor vehicle, such report shall include the license number of every vehicle involved, the name and address of every registered owner of every vehicle involved. In those accidents involving a motor vehicle such reports shall contain information relative to vehicles which, although not directly involved in the accident, may be classified as contributory to such accident.

C. The city manager shall notify the city's insurance carrier of every accident of the type hereinabove mentioned and furnish such carrier with a complete report thereof.

(Prior code § 2-5.313)

Every officer and employee of the city, who is or may be authorized by this code, state law or county ordinance to collect or receive any fee or charge, must issue a receipt showing the payment thereof. All receipts and copies thereof shall be prepared and issued in the manner and on forms approved by the finance director.

(Prior code § 2-5.314)

No city officer or employee shall, for his own uses make a charge or collect or retain any compensation for making or furnishing copies of public records, or for permitting any person to make or furnish copies of any public record.

(Prior code § 2-5.315)

Any officer, board, commission or the head of any office, department or institution of the city who administers regulatory laws established by ordinance or state law is authorized to cause such regulatory laws or extracts therefrom to be printed in convenient form and sold to the public at cost, provided that the expenditure for such printing and the price at which the pamphlet is to be sold are first approved by the council.

(Prior code § 2-5.316)

Should any officer or employee of the city find or save any money, goods or other personal property which has been lost, abandoned or misplaced on city property, such finder shall immediately notify his/her department head of such facts giving information concerning the time when and the place where the property was found, a description of the property, the circumstances under which it was found, and the name of the owner of the property if known. The property shall thereupon be placed in the possession of the department head. Thereafter, the property shall be handled according to the provisions of Section 2080 et seq. of the Civil Code of the State of California and as provided in this code.

Any reward for finding such property shall inure to the benefit of the officer or employee of the city who found same.

Should such property remain unclaimed by the owner at the end of the storage period prescribed by laws it shall be sold at public auction.

(Prior code § 2-5.317)

Each board or commission and the head of each office, department and institution of the city may receive on behalf of the city, gifts, devises, bequests and trusts for any purpose in connection with or incidental to his office, department or institution and may administer any trust declared or created for any such purpose in accordance with the terms of such trust. The acceptance of such gifts, devises, bequests or trusts shall be subject to ratification by the city council before such board or commission or the head of such office, department or institution shall proceed to use, administer or expend the same. Title to all such property, gifts, devises, bequests and trusts shall be taken in the name of the city and shall vest in the city. Upon acceptance of any gift, devise, bequest or trust by the city council or the ratification of such acceptance by the city council, the finance director and the director of management services shall be notified of such acceptance and shall make the necessary entries on their respective accounts and property records to insure that the property which is the subject of such gift, devise, bequest or trust will be charged to the proper city officer.

(Prior code § 2-5.318)

Employees under the jurisdiction of the chief of police and the director of parks and recreation may be required by said department heads to provide at their own expense and wear uniforms when on duty; provided, however that where the wearing of such uniforms is determined by the department heads to be necessary in connection with the performance of part or all of their duties such employees shall be entitled to a uniform allowance not to exceed the maximums for each department established by the city council and subject to such rules and regulations therefor as may be established from time to time by the city council. Such uniforms shall be in accordance with specifications established by such department heads and approved by the city manager. Employees in certain other departments shall wear such uniforms as are provided therefor and approved by the city manager.

(Prior code § 2-5.319)

Any employee of the city may be reimbursed for the costs of replacing or repairing property, such as eyeglasses, hearing aids, dentures, watches or articles of clothing necessarily worn or carried by him when such items are damaged in the line of duty without fault of the employee. If such items are damaged beyond repair, the actual value of such items as of the time of the damage may be paid. Before the allowance or payment of such expenses, the employee shall file a claim therefor in the manner provided by law for claims to be filed against the city, duly certified as correct by the head of the office, department or institution in which he/she serves. There shall be attached to such claim all receipts showing the moneys expended by the claimant for the repair or replacement of such property.

(Prior code § 2-5.320)

Whenever the clerk of the city council receives a claim against the city for personal injuries or property damage, a copy thereof shall be sent to the director of public works and the director of management services on the same day such claim is received. Whenever any claim against either the city or any officer or employee is received by any officer or employee, it shall be sent to the clerk of the city council on the same day such claim is received.

(Prior code § 2-5.321)

It shall be the duty of any councilmember or other city officer, deputy, assistant or employee in the service of the city, or any member of a city board or commission, to transmit immediately to the city attorney any and all pleadings or papers served upon him in any action or proceeding against him in his official capacity or against the city.

(Prior code § 2-5.322)

Whenever any member of the city council, or any city officer, deputy, assistant or employee in the service of the city or any member of a city board or commission, in the performance of his duty, is required to travel outside or within the city, such person shall be allowed, in addition to any salary or compensation, actual and necessary travel expenses, as follows:

A. Transportation and Conveyance. Actual cost incurred for transportation or conveyance by any carrier services. Reimbursement for travel by any privately owned automobile shall be in accordance with the provisions of subsection C of this section, except that it shall be not more than the cost of common carrier services where the distance required to be traveled is two hundred (200) miles or more, and in such event the reimbursement for such travel shall not exceed the cost of air travel regardless of the mode of transportation used therefor. The cost of air travel shall be based on coach fares, unless air coach service is not available, or unless otherwise authorized by the city manager;

B. Meals, Lodging and Incidentals. Actual cost incurred outside the city for meals, lodging and incidentals, including baggage transfer, tips, car storage, and other actual and necessary incidental expenses;

C. Privately Owned Automobile. Actual costs, not to exceed a maximum computed at twenty-six cents ($0.26) per mile for miles actually traveled. For the purpose of this subsection, it is determined that the actual cost for miles actually traveled by privately owned conveyance, including fuel, maintenance, repairs, insurance and depreciation, is equal to the maximum allowance provided for in this subsection;

D. On and after January 4, 1981, in lieu of reimbursement or twenty-three and one-half cents ($0.235) per mile for transportation expenses, employees may elect to receive a fixed reimbursement of twenty dollars ($20.00) monthly, plus twelve cents ($0.12) per mile for miles actually traveled. Advance approval must be obtained from the personnel director prior to any employee receiving this reimbursement;

E. Travel expenses may be paid to the supplier of the transportation where the mode of transportation is other than by a privately owned motor vehicle. In other instances travel shall be claimed by the individual employee.

F. Required registration fees for educational courses, conferences, or other meetings may be paid directly to the organization or association conducting such course, conference, or other meeting and the officer or employee shall not be required to advance the funds therefor.

G. City officers or employees shall not submit a claim to the city except for those expenses actually incurred in connection with the performance of official business of the city. Such officers or employees shall not use city property for their own personal benefit or for any purpose but a public one. For any violations hereof, in addition to other sanctions that may be imposed, whether civil or criminal in nature, the city may demand of, and such officer or employee shall make, full restitution of all amounts so paid and the city may likewise demand of and such officer or employee shall pay the fair rental value of city property used in any manner other than as provided for in this chapter, together with any and all damages that may have arisen from such misuse.

H. All city-owned or leased vehicles shall be parked overnight and on weekends on city facilities provided therefor except as to those city officers and employees who are on an on-call status during other than normal working hours and if such status is established by the city department head concerned, by the city manager, or by the city council, or when such vehicle is permanently assigned by the city manager, or when circumstances would make it unreasonable for such officer or employee to park on city facilities. No employee shall regularly keep a city vehicle at his residence without authorization from the city council or the city manager;

I. Nothing contained in this chapter shall prohibit a city officer or employee, while using a city-owned or leased car for city business, from stopping for personal reasons while traveling directly from point of departure to destination; however, any substantial deviation from such route for personal reasons shall be deemed to be a violation of this chapter;

J. No officer or employee shall engage in any travel in connection with the performance of official business of the city in a privately owned conveyance, either his own or that belonging to another, unless the same is insured in such manner as to comply with the provisions of general state law, including in an amount and to the extent provided for in Section 16451 of the Vehicle Code. Proof of existence of such insurance shall be filed with the department head;

K. Each officer or employee having the custody of a city vehicle shall exercise due caution and prudence in the operation of such vehicle and shall minimize the risk of damage to such vehicle by using available off-street parking whenever reasonably possible, particularly during the night. Such officer or employee shall be liable to the city for damages and other expenses resulting from and caused by gross negligence or wilful misconduct in the use or operation of such vehicle.

(Prior code § 2-5.323)

In lieu of reimbursement for transportation expenses for travel within the city and the county, as provided in this code, and pursuant to the provisions of Section 1223 of the California Government Code, members of the city council and the city manager may elect to receive a monthly transportation allowance in the amount of one hundred seventy-five dollars ($175.00.) Department heads and/or assistants may elect to receive such a transportation allowance in an amount not to exceed one hundred seventy-five dollars ($175.00) per month when designated by the city manager.

(Prior code § 2-5.324)

Whenever any councilmember, or other city officer, in the service of the city attends a breakfast, luncheon or dinner within the city and represents or acts in a professional capacity for the city thereat, such person shall be entitled to reimbursement for the actual meal cost incurred.

When authorized or directed by the department head of the department in which he serves, any deputy, assistant or employee in the service of the city who attends a breakfast, luncheon or dinner within the city and represents or acts in a professional capacity for the city thereat shall be entitled to reimbursement for the actual cost incurred.

(Prior code § 2-5.325)

Any city officer or employee, when authorized by the department head or designee, may attend any convention, conference or meeting if the subject matter thereof relates directly to the official duties of his/her office, and shall be entitled to recover from the city the actual costs incurred in attending such conferences in accordance with the schedule described in this code.

Whenever overnight lodging is required in attending such conventions, conferences or meetings, the approval of the department head or designee shall be obtained if:

A. Sufficient funds have been budgeted by the city council and are available therefor;

B. Attendance is the same, or substantially the same, as that shown on the departmental justification submitted as part of the budget request therefor; and

C. The amount to be expended therefor does not exceed by more than ten percent the amount shown on such departmental justification.

In all other cases, approval of the city manager must be obtained where overnight lodging is required; provided, however, that approval of the city council must be obtained if the travel would cause the total amount in the approved departmental justification to be exceeded. When time permits, prior approval shall be obtained.

(Prior code § 2-5.326)

On and after January 4, 1981, whenever the city, or any of its officers or employees, acts as host for a convention, conference or meeting which will be of benefit to the city, the expenses thereof, including meals of duly authorized delegates or representatives thereto, may be paid by the city upon presentation of claims therefor and approval by the presiding member of the city council, if the amount thereof does not exceed seventy-five dollars ($75.00), or upon approval by the city council if the amount thereof exceeds seventy-five dollars ($75.00). Prior approval for the city's participation as host of such conferences, conventions or meetings shall be obtained whenever time permits.

(Prior code § 2-5.327)

Before any travel expenses are allowed or paid, the claimant shall file a claim therefor in the manner provided by law for claims to be filed against the city, duly certified as correct by the head of the office, department or institution which he/she serves; and there shall be attached to such claim all receipts showing the moneys expended by the claimant; provided, however, that receipts for expenditures for expenses other than lodging in an amount less than twenty-five dollars ($25.00) shall not be required.

(Prior code § 2-5.328)

Whenever it appears to favor the best interests of the city that any member of the city council, or other city officer or agent of the city travel outside of the city on official business and where prior authorization for such travel has been given by the city council, and it appears that it is necessary that such councilmember, or other city officer, or agent, be allowed a sum of money not in excess of one thousand dollars ($1,000.00) for such travel expenses in advance, a claim for such advance showing the emergency requiring such advance shall be made out in the regular form and approved by the department head and thereafter the Finance Director shall draw his warrant in favor of such councilmember, or other officer, and the treasurer shall pay the same. The councilmember, or other officer or agent receiving such advance, shall file with the finance director after his/her return from such trip an itemized account, together with proper vouchers of his expenses and shall pay to the city any balance remaining in his/her hands unexpended. The finance director shall attach such statement to the original claim for such advance and shall immediately make the proper adjustment of the account of the officer or department asking for the advance.

(Prior code § 2-5.329)

Failure of a city officer or employee to comply with the provisions of this article may constitute grounds for suspension or dismissal from his/her employment. Such failure on the part of an elective official may constitute malfeasance or nonfeasance in office.

(Prior code § 2-5.330)

Except as provided in the annual budget of the city, officers and personnel serving the city must pay the prescribed rate when eating at city institutions which serve meals; provided, however that volunteer staff members on duty at any such institution at meal time and staff members and city officers who are attending meetings at such institutions may receive their meals without charge upon approval of the department head in charge of the operation of the institution. A record of the number of such meals served shall be maintained by the department operating this institution.

(Prior code § 2-5.331)

The city council may from time to time by resolution adopt an employee grievance procedure for the presentation by city employees of complaints or grievances relating to employment or working conditions except where otherwise provided for by this code, resolution of the council or by general law.

(Prior code § 2-5.332)