El Monte Municipal Code Ch. 2.72 Personnel System

The objective of these rules is to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management for employees in the competitive service of the city. These rules set forth in detail those procedures which ensure similar treatment for those who compete for original employment and promotion, and define the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the competitive service of the city. At the same time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that no two individuals react alike to reward and discipline or to uniform motivation and encouragement. For this reason, considerable latitude shall be given to the Human Resources Officer in the execution of his/her duties and responsibilities relating to employee morale and discipline.

(Ord. 2579 § 1, 2003)

The following terms, whenever used in these rules, shall be construed as follows:

"Advancement" means a salary increase of one or more steps within the limits of the pay range established for a class.

"Allocation" means the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.

"Anniversary date" means the first day of employment other than temporary in any classification for those employees hired as of the first day of any calendar month. For those employees hired after the first day of any calendar month, it shall mean the first day of the month following their date of regular employment in any classification. All vacation, sick leave, probationary, salary and retirement status shall be figured as of the anniversary date.

"Appointing power" means the City Manager for the purpose of an appointment to a position within the Competitive Service. For purposes of transfer, promotion, discipline, reinstatement or discharge of an employee within the Competitive Service, "appointing power" shall mean the City Manager or the affected employee's department head. As used herein "appropriate authority" shall mean "appointing power" as defined in this paragraph.

"Assigned leave with pay" means temporary leave of absence with full pay and benefits. For purposes of calculating continuity of service, an assigned leave with pay shall not be considered as a break in service.

"City" means the City of El Monte.

"Class" means all positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary.

"Competitive service" means the positions and employments which are included or which may hereafter be included under the classified service of the city by order of the City Council. The competitive service does not include elective officers, positions on appointive boards, commissions or committees, the City Manager, Deputy City Managers, Chief of Police, City Attorney, provisional or hourly employees.

"Days" means Calendar days unless specified otherwise.

"Demotion" means the movement of a regular employee from one class to another class having a lower maximum rate of pay. Demotion may be made on a temporary or permanent basis.

"Dismissal" means the discharge of an employee from the competitive service by the appointing power for cause.

"Eligible" means a person whose name is on an employment list.

"Employment list" means a list of names of persons who are qualified for appointment to a class in the competitive service.

"Examination" means:

A. Assembled examination. An examination conducted at a specified time and place at which applicants are required to appear for competitive examination under the supervision of an examiner.

B. Unassembled examination. An examination consisting of an appraisal of training, experience, work history, or any other means for evaluating other relative qualifications of applicants.

"Medical and/or psychological examination" means an examination by a licensed physician or psychologist to determine fitness for the position.

"Immediate family" means and includes, in addition to the employee of the city, the following persons and no others:

A. The employee's spouse or domestic partner as defined in F.C. Section 297.

B. The employee's son, son-in-law, daughter or daughter-in-law.

C. The employee's stepchild.

D. The employee's adopted child.

E. The employee's father, father-in-law, mother or mother-in-law.

F. The employee's brother, brother-in-law, sister or sister-in-law.

G. The employee's grandparents and grandparents-in-law.

"Layoff' means termination of employment of an employee for lack of work, lack of funds or reorganization.

"Personnel ordinance" means Title 2, Chapter 2.72 of the El Monte Municipal Code, which contains the provisions concerning the personnel system for the City.

"Probationary period" means a working test period during which an employee is required to demonstrate fitness for the duties to which appointed by actual performance of the duties of the position.

"Promotion" means the movement of a regular employee from one class to another with a higher rate of pay.

"Promotional examination" means an examination for a particular class, admission to the examination being limited to regular employees in the competitive service and hourly employees.

"Promotional list" means an employment list resulting from a promotional examination.

"Reduction" means a salary decrease within the limits of the pay range established for a class. Reduction in step within range as a disciplinary measure is the withdrawal of increments granted. The maximum reduction in pay that may be given for any one disciplinary action shall be two (2) steps within the range for that class. Reduction in pay shall become effective on the first of the pay period following the effective date of the disciplinary action. Reduction may be made on a temporary or permanent basis.

"Regular employee" means an employee who has successfully completed the probationary period and has been retained as hereafter provided in these rules.

"Reinstatement" means the reemployment without examination of a former regular employee within two years following resignation from the City service to a vacant position. Such action must have the approval of the Department Head and the Human Resources Officer.

"Rejection" means the separation of an employee from the service during the probationary period without cause.

"Resignation, voluntary and implied" means:

A. Voluntary. Termination of employment of an employee made at the request of the employee.

B. Implied. Termination of employment in accordance with the implied resignation clause of the governing Memorandum of Understanding.

"Safety employees" means uniformed members of the Police Department whose official duties, in the protection of life and property, qualify them as "Safety Members," under the California Public Employees' Retirement System.

"Seniority" means an employee's length of continuous, regular service since his/her last date of hire, less any adjustments due to layoff or other breaks in service. Ties are to be broken by a lottery conducted by the Human Resources Officer. Seniority shall be terminated when a regular employee resigns; is discharged in accordance with these rules; is absent without authorization as outlined in the governing Memorandum of Understanding or is laid off and fails to report to work in accordance with the layoff provisions of these rules.

"Sick leave" means absence because of illness, injury, exposure to contagious disease, attendance on a sick member of the employee's immediate family, death in the immediate family, or doctor and dental appointments.

"Suspension" means the temporary removal of a regular employee from the payroll for disciplinary purposes.

"Temporary appointment" means an appointment of a person not on the eligible list who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class on other than a probationary or regular basis.

"Written reprimand" means written reprimand as a disciplinary action means an official notification to the employee that there is cause for dissatisfaction with the employee's conduct or performance and that further disciplinary action may be taken if said cause is not corrected. Written reprimand shall be made a part of the employee's official personnel record and may be considered as pertinent evidence in any appeal hearing. Upon request of the employee, letters of reprimand shall be removed from the personnel file after two (2) years providing the letters have not led to other discipline as defined herein.

(Ord. 2579 § 2, 2003)

A. Violation of Rules. Violation of the provisions of these Rules and Regulations shall be grounds for discipline.

B. Supervision by Department Heads. Department Heads shall be responsible for effective supervision of their employees as well as for maintenance of appropriate working relationships. Department Heads shall notify the Human Resources Officer immediately of changes in the assignment of duties to employees.

C. Departmental Rules. No Departmental Rules may be adopted or administered that are inconsistent with these Personnel Rules and Regulations.

D. Disclosure of Religious or Political Affiliations. No question in any test, in any application form, or in any other personnel proceedings, or by any appointing authority, shall be so framed as to attempt to elicit information concerning political or religious opinions or affiliations of an applicant or employee. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any political or religious opinion or affiliation.

E. Gratuities and Gifts. Because the very nature of service rendered by a municipal employee requires unimpeachable public trust, confidence and impartiality of service by each and every employee, it is the City's policy, consistent with effective public relations, that no employee shall accept a personal gift of such value as will place the employee under obligation to the donor.

F. Personal Telephone Calls. The telephones provided by the city are for use in conducting city business. The use of these telephones during business hours for personal calls, either outgoing or incoming, is not strictly prohibited, but such calls shall be kept to a minimum so as not to overload the existing lines and retard essential city business. Toll calls of a personal nature should not be made on city telephones except in extreme emergencies and with prior approval by the Department Head.

G. Grand Jury Testimony. The refusal of any employee to appear when subpoenaed before the County Grand Jury in a County Grand Jury investigation of governmental bribery or misconduct in public office shall constitute good and sufficient ground for discipline.

H. Employee Responsibility for Correct Personnel Information. It shall be the responsibility of each employee to keep the city advised concerning his/her marital status, number of dependents, his correct address and telephone number on forms prescribed by the city.

I. Loyalty Oath. Upon appointment, but prior to reporting for duty, a new employee shall be required to take the loyalty oath to be administered by the City Clerk or other duly authorized person. The oath shall be in a form required by the California Constitution.

J. Official Duties Outside of State. Where an employee's official duties requires his/her absence outside of the State of California, approval shall be given by the City Council prior to such departure. This section shall not apply to safety members in the performance of their regular duties.

K. Amendment and Revision of Rules. Recommendations for amendment and revisions of these Rules may be made by the Human Resources Officer. Prior to consideration, any amendment or revision shall be publicly posted at such places as the City Council shall prescribe, for at least five consecutive days together with notice of the time, place and date of hearings by the City Council. Amendments and revisions shall become effective upon adoption by the City Council following meeting and conferring with the authorized bargaining units, if any, and public comment. Prior to consideration, the authorized bargaining units shall receive notice of any revision of those Rules which are substantive changes of wages, hours and terms and conditions of employment and be given the opportunity to meet and confer on these revisions.

(Ord. 2579 § 3, 2003)

A. Preparation of Plan. The Human Resources Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consultation with appointing powers and Heads of Departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications, including title, a description of typical duties and responsibilities of positions in each class, a statement of the training, experience and other qualifications to be required of applicants for positions in each class. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. Amendments and revisions shall become effective upon adoption by the City Council following meet and confer, if any, and public comment. Prior to consideration, the authorized bargaining units shall receive notice of any revision of these rules which are substantive changes of wages, hours and other terms and conditions of employment and be given the opportunity to meet and confer on these revisions.

B. Adoption of Plan. Before the classification plan or any part thereof shall become effective, it shall first be approved in whole by the City Council. Upon adoption by the Council, by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires in the same manner as originally established.

C. Allocation of Positions. Following the adoption of the classification plan, the Human Resources Officer shall allocate every position in the competitive service to one or the classes established by the plan, same to be approved by the City Council.

D. New Positions. When a new position is created, before that position may be filled the appointing power shall notify the City Manager and the Human Resources Officer and, except as otherwise provided by ordinance or these Rules, no person shall be appointed or employed to fill any such position until the classification plan has been amended to provide therefore and an appropriate employment list has been established for such position.

E. Reclassification. Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Human Resources Officer to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassifications shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

F. Amending the Classification Plan. The Human Resources Officer may recommend the creation of new classes and the revision and abolishment of existing classes.

(Ord. 2579 § 4, 2003)

A. Preparation of the Plan. The Human Resources Officer or the person or agency employed for that purpose shall prepare a pay plan covering all classes of positions in the competitive service, showing the minimum and maximum rates of pay. In arriving at such salary ranges, consideration shall be given to prevailing rates of pay for comparable work in other public and in private employment, including consideration of conditions of work as well as basic pay; to current costs of living; to the ability to recruit and retain employees; to internal alignment between classes; to suggestions of Department Heads; and to the city's financial condition and policies. The Human Resources Officer or the person or agency employed for that purpose shall thereafter make such further studies of the compensation plan as may be requested by the City Council.

B. Adoption of the Plan. The Human Resources Officer shall submit the proposed pay plan to the City Council. The Council shall adopt or amend and adopt the proposed plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption.

(Ord. 2579 § 5, 2003)

A. Announcement. All examinations for classes in the competitive service shall be published by posting announcements in the City Hall, on official bulletin boards, and in such other places as the Human Resources Officer deems advisable at least ten (10) calendar days prior to the closing date fixed for fling an application form. The announcements shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the dates, time, place and manner of making applications; and other pertinent information.

B. Application Forms. Applications shall be made on forms provided by the Human Resources Office. Such forms shall require information covering training, experience, and other pertinent information, and may include certificates, references and fingerprinting. All applications must be signed by the applicant.

C. Disqualification. The Human Resources Officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applicants also shall be rejected if:

1. The applicant has made false statements of any material fact, or practiced any deception or fraud on the application, declarations or in securing eligibility or appointment;

2. The applicant is found to lack any of the certifications for the position involved;

3. The applicant is physically or psychologically unfit for the performance of the position duties, and cannot be reasonably accommodated, including, but not limited to, impairment caused by current abuse of alcohol;

4. The applicant has been convicted of a crime, either a misdemeanor or felony, that relates to the position duties;

5. The applicant used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment;

6. The applicant failed to submit the employment application correctly or within the prescribed time limits.

7. For any material cause, which in the judgment of the Human Resources Officer would render a new applicant unfit for the position. This paragraph shall not apply to current regular employees of the city.

8. The Human Resources Officer may also reject a new applicant or limit the number of new applicants to be examined if a large number of applicants closely meet the requirements of the position.

D. Notice of Rejection of Application. Applicants who are rejected, will be notified by the Human Resources Officer. The Human Resources Officer may permit an applicant to make minor corrections on an application on file, provided that the time limit for receiving applications has not expired.

E. Appeal Procedure. If the applicant is rejected, the applicant can appeal the rejection to the Human Resources Officer within five (5) working days of notice. The Human Resources Officer shall review the appeal and affirm the rejection or reinstate the applicant. The Human Resources Officer's decision is final.

(Ord. 2579 § 6, 2003)

A. Nature and Types of Examinations. The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subject which, in the opinion of the Human Resources Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of such recognized personnel selection techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of daily work performance, work samples, or physical agility tests or any combination of them.

B. Promotional Examinations. Promotional examinations may be conducted whenever, in the opinion of the Human Resources Officer, the needs of the service make promotional examinations necessary or advisable. Promotional examinations may include any of the selection techniques mentioned in Section 2.72.070(A) of these rules, or any combination of them. Only regular, hourly or probationary employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations.

C. Conduct of Examinations. The Human Resources Officer shall determine the manner and methods and by whom examinations shall be prepared and administered and shall publish the weights and methods of selection in the job announcement. The city may contract with any competent agency or individual for the performance by such agency or individual of the responsibility for preparing and administering examinations. In the absence of such a contract, the Human Resources Officer shall perform such duties. The Human Resources Officer shall arrange the use of public buildings and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto.

D. Scoring Examinations and Qualifying Scores.

1. A candidate's overall score in a given examination (whether for entry into the city's personnel system as a new hire or for purposes of promotion) shall be the weighted average of the candidate's subscore(s) on each competitive subpart of the examination. The foregoing notwithstanding, an examination may be structured in such a manner as to provide that a candidate's failure to earn a preestablished minimum passing score on any one subpart shall be grounds for disqualifying the candidate from further consideration or participation in the application and examination process for a particular appointment or promotion. The Human Resources Director and the director or head of the department seeking to make an appointment or promotion shall establish the weight to be given to each competitive subpart of an examination as well as the minimum scoring threshold below which a candidate shall be deemed to have failed a particular sub-part. For purposes of this subsection (D) only, the term "qualified candidate" shall refer to an applicant who has not been disqualified from further consideration by virtue of a failing score on any subpart of an examination and who has earned an overall score of seventy (70) percent or more.

2. Except as otherwise provided under subsection (D)(3) of this section, below, a qualified candidate who also qualifies as an eligible veteran within the meaning of this subsection (D)(2) shall have an additional ten (10) percentage point credit (hereinafter referred to as a "veterans preference credit") added to his/her overall score as initially calculated under subsection (D)(1) of this section, above, except than no qualified candidate's overall score shall be deemed to exceed the maximum overall score of one hundred (100) percent, notwithstanding the addition of the veterans preference credit. A candidate who qualifies as an eligible veteran but who fails to meet the requirements for being considered a qualified candidate may not receive the veterans preference credit and the veterans preference credit may not be used to convert a non-qualified candidate into a qualified candidate. For purposes of this subsection (D)(2), the term "eligible veteran" shall have the same meaning as the term "veteran" as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. For purposes of band ranking pursuant to Section 2.72.080, below, a qualified candidate's score shall be the initial overall score calculated under subsection (D)(1) of this section plus any veteran's preference credit the qualified candidate may qualify for under this subsection, subject to the one hundred (100) percent score ceiling referenced, above.

3. The veterans preference credit referenced under subsection (D)(2), above, is intended to apply to new hire candidates for entry level positions only and shall not be awarded to promotional candidates or applied to scores for promotional examinations, notwithstanding a promotional candidate's qualification as an eligible veteran.

4. It shall be the responsibility and burden of each qualified candidate to provide the city with adequate proof of his/her eligibility to receive the veterans preference credit by or before the applicable application filing deadline and the city shall be under no obligation to award the veterans preference credit absent the presentation of such proof to the Human Resources Officer. Failure to provide adequate supporting information by or before the applicable application deadline shall constitute a waiver of the credit. A genuine DD214 (Certificate of Discharge or Separation form) or other official genuine and bona fide document(s) issued by the branch of the service shall be used to verify eligibility for the veterans preference credit. The Human Resources Officer is authorized to include reference to, and information about, the city's veterans preference credit program in all job advertisements and other similar informational materials issued by the City of El Monte and shall also establish such forms as may be reasonably necessary to implement the program.

E. Notification of Assembled Examination Results and Review of Papers. Each promotional candidate in an assembled examination shall be given written notice of the results thereof, of his/her final earned score and, if successful, rank on the employment list. Any promotional candidate shall have the right to request that the Human Resources Officer re-examine his or her assembled examination papers within fifteen (15) days after the notices of examination results were mailed. Any error in computation, if called to the attention of the Human Resources Officer within this period, shall be corrected.

(Ord. 2579 § 7, 2003)

(Ord. No. 2771, § 1, 3-1-2011)

A. Employment Lists. As soon as possible after the completion of an examination, the Human Resources Officer shall cause to be prepared and shall certify an employment list consisting of the names of candidates who qualified in the examination.

B. Banding of Applicants. Successful applicants will be ranked according to their final scores and placed into Bands I, II or III on the eligibility list.

1. Band I will be comprised of those applicants who receive scores of ninety (90) percent or higher during the recruitment period taking into account the standard error of measurement.

2. Band II will be comprised of those applicants who receive scores of at least eighty (80) percent but less than ninety (90) percent during the recruitment period taking into account the standard error measurement.

3. Band III will be comprised of those applicants who receive score of at least seventy (70) percent but less than eighty (80) percent during the recruitment period taking into account the standard error of measurement.

4. As positions become available, the department will select new hires from the eligibility list for that job category. At least three candidates from Band I will be selected for further interview and evaluation. If fewer than three persons appear in Band I at the time the vacancy is to be filled, the department will select enough individuals from Band II to provide for an applicant pool of at least three individuals to be further interviewed and evaluated. If a total of fewer than three candidates appear in Bands I and II at the time the vacancy is to be filled, the department will select enough individuals from Band III to provide for an applicant pool of at least three individuals to be further interviewed and evaluated. The department may hire any of three interviewees, irrespective of their competitive scores. All offers will be contingent upon the successful completion of a medical examination.

C. Duration of Employment Lists. Employment lists shall become effective upon certification and shall remain in effect for one year, unless sooner exhausted, or unless the Human Resources Officer determines that the list should be extinguished. The lists may be extended, prior to their expiration dates, by action of the Human Resources Officer for additional six-month periods, but in no event shall an employment list remain in effect for more than two years.

D. Re-employment Lists. The names of probationary and regular employees who have been laid off shall be placed on appropriate re-employment lists in the order of their seniority, from highest to lowest. Such names shall remain thereon for a period of three years unless such persons are sooner re-employed. Prior to using any other employment lists, the appropriate re-employment list shall first be exhausted to fill vacancies. The Human Resources Officer shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies.

E. Removal of Names From Lists. The names of any persons appearing on an employment, re-employment or promotional list shall be removed by the Human Resources Officer if the eligible requests in writing that his/her name be so removed, or if he/she fails to respond to a notice of certification mailed to his/her last known address, or if he/she has been certified for appointment three times and has not been appointed. The person so removed shall be notified of the removal of his/her name by a notice mailed to the last known address. The names of persons on promotional employment lists who resign from the service shall automatically be removed from such lists. All such notices shall be sent by certified mail (return receipt requested).

F. Appointment. After interview and investigation, the appointing power shall make appointments from among those certified, and shall immediately notify the Human Resources Officer of the person or persons appointed. The Human Resources Officer shall thereupon notify the person appointed, and if the applicant accepts the appointment and presents himself/herself for duty within such period of time as the appointing power shall prescribe, he/she shall be deemed to be appointed; otherwise, he/she shall be deemed to have declined the appointment.

G. Temporary Appointments. A temporary appointment may be made by the City Manager of a person meeting the minimum education, experience or training requirements. Temporary appointments extending for a period exceeding six (6) months shall be submitted to the City Council for approval. Within thirty (30) days of a temporary appointment to a vacant position, active recruitment to fill the position shall be commenced. No temporary appointment shall exceed a period of one (1) year, inclusive of any extension(s) approved by the City Council. No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists for services rendered under a temporary appointment.

H. Emergency Appointments. To meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, earthquake or war, the City Council may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance or rules affecting appointments.

I. Nepotism Prohibited for Non-safety Employees.

1. No person shall be appointed or promoted to a probationary or permanent position in any department in which such person's relative already holds a position, when such employment would result in a supervisor - subordinate relationship. For the purpose of this section, a supervisorial relationship shall be defined as one in which one person exercises the right to control, direct, reward or punish another person by virtue of the duties and responsibilities assigned to his or her position.

2. For purposes of this section, "relative" is defined in Section 2.72.020(P), as amended.

3. If a city employee marries another person employed by the city within the same department, both employees shall be allowed to retain their respective positions provided that a supervisorial relationship does not exist at the time of marriage between these two positions. During the period of employment, no supervisorial relationship shall exist between the two employees.

4. The city also retains the right to refuse to place both relatives or spouses in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security or morale or involves conflicts of interest.

5. Where the above circumstances exist and mandate that two spouses or relatives shall not work in a prohibited relationship, the City Manager will attempt to transfer one spouse or relative to a similar classified position in another city department. Although the wishes of the involved parties as to which person is to be transferred will be given consideration by the city, the controlling factor in determining which person is to be transferred shall be the positive operation and efficiency of the city.

6. If continuing employment of two relatives or spouses cannot be accommodated consistent with the city's interest in promotion of safety, security, morale and efficiency, then the city may separate one spouse or relative from city employment.

J. Nepotism Prohibited for Safety Employees.

1. No person shall be appointed or promoted, by probationary or permanent appointment, to a position in any department in which any member of such person's immediate family as defined in Section 2.72.020(P) (except a brother-in-law or sister-in-law) already holds a position in the city employ under a probationary or regular appointment. (City of El Monte Resolution No. 4156).

2. If a safety employee marries another person employed by the city in the same department, both employees shall be allowed to retain their respective positions provided that a supervisorial relationship does not exist between the two employees. During the period of employment, no supervisory position shall exist between the two employees. For the purposes of this section, a supervisorial relationship shall be defined as one in which one person exercises the right to control, direct, reward, or punish another person by virtue of the duties and responsibilities assigned to his/her position. (City of El Monte Resolution No. 4151).

3. If two members of an immediate family, as defined in Part 2.72.020(P) (except brother-in-law or sister-in-law), become members of one department solely by reason of the merger of two or more of such departments, neither employee of such immediate family shall thereby be deprived of his position with the city, provided however, that neither member of such immediate family holds any position in such department under either a probationary or permanent appointment. (City of El Monte Resolution No. 4156).

(Ord. 2579 § 8, 2003)

(Ord. No. 2955, § 2, 10-1-2019)

A. Regular Appointment Following Probationary Period. All original and promotional appointments shall be tentative and subject to a probationary period of not less than six (6) months of continuous service. The City Manager may, by after meeting and conferring with the authorized bargaining unit, establish a longer probationary period for specified classes. All original appointments for safety employees shall be tentative and subject to a probationary period of not less than twelve (12) months of continuous service. Periods of time on unpaid leave exceeding twenty (20) days shall not be counted toward completion of the probationary period. The probationary period shall be automatically extended by the number of days the employee is on leave. All promotional appointments for safety employees shall be tentative and subject to a probationary period of not less than six (6) months of continuous service. The Human Resources Officer shall notify the appointing power and the probationer concerned two (2) weeks prior to the date of termination of any probationary period. If the service of the probationary employee has not been satisfactory to the Department Head, then the Department Head shall file with the Human Resources Officer a statement in writing to such effect and stating that the retention of such employee in the service is not desired. If such a statement is not filed, the employee will be deemed satisfactory and his/her employment status shall be changed to regular. Notification of probationary rejection must be made to the employee prior to the expiration of the employee's probationary period.

B. Objective of Probationary Period. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

C. Rejection of Probationer. During the probationary period an employee may be rejected at any time by the appointing power without cause. Notification of rejection in writing shall be served by the Human Resources Officer on the probationer prior to the end of the probationary period and a copy retained by the Human Resources Officer. The probationer shall have the right within ten (10) days to discuss his/her rejection with the Department Head, whose decision shall be final.

D. Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appointment, by reason of failure to satisfactorily complete the probationary period shall be reinstated to the position from which the employee was promoted unless there is a basis for dismissing the employee for cause as provided herein.

(Ord. 2579 § 9, 2003)

A. Annual Vacation Leave. The purpose of annual vacation leave is to enable each regular employee annually to return to work mentally refreshed. All employees in the competitive service shall be entitled to annual vacation leave with pay in accordance with the appropriate governing Memorandum of Understanding. Each eligible employee shall be entitled to take his/her vacation as it is accrued. (The times during a calendar year at which an employee may take his/her vacation shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the needs of the city; and the times when a Department Head may take his/her vacation shall be determined by the City Manager with due regard to the employee and particular regard to the needs of the city; and the times during the calendar year at which the City Manager may take their vacations shall be determined by the City Council with due regard to the employee and particular regard for the needs of the city).

B. Sick Leave. Sick leave with pay shall be granted by the appointing power in accordance with the appropriate governing Memorandum of Understanding. All employees in the competitive service shall be entitled to sick leave privileges except the following:

1. Employees still serving the first six (6) months' of their original probationary period in the service of the city. However, sick leave credits for such time will continue to accrue and may be used after the first six (6) months of uninterrupted employment.

C. Combined Salary and Compensation for Injury on Duty. Whenever any regular non-safety employee is disabled in accordance with the workers' compensation statutes, whether temporarily or permanently, by injury or illness arising out of and in the course of that person's duties, the employee shall become entitled, regardless of that person's period of service with the city, to leave of absence while so disabled without loss of salary in lieu of temporary disability payments, or maintenance allowance payments, if any, which would be payable for the period of the disability, but not exceeding one year, or until such earlier date as the unit member is retired on disability pension or would be retired for disability pension if eligible under PERS requirements. A unit member so disabled may use no other kind of accrued leave during the period of disability. No leave of absence may commence after resignation, whether voluntary or involuntary. All authorized deductions will continue as though the unit member was in regular work status.

D. Military Leave. Military leave shall be granted in accordance with the provisions of Section 395 of the Military and Veterans Code. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken.

E. Leave of Absence. The City Manager may grant a regular employee leave of absence with or without pay not to exceed one year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the Human Resources Officer. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discipline.

F. Hours of Work. All offices of the city, except those for which special regulations are required, shall be kept open for business on all days outlined in the appropriate governing Memoranda of Understanding or in accordance with regulations prepared by the appropriate Department Head.

G. Attendance. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Human Resources Officer in the form and on the dates specified. Failure on the part of an employee, absent without leave, to return to duty within twenty-four (24) hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the Personnel Ordinance and Rules.

H. Holidays. All probationary and permanent regular employees employed on a weekly, semi-monthly or monthly pay basis shall be entitled to holidays with pay in accordance with the appropriate governing Memorandum of Understanding.

1. No employee shall be entitled to compensation for any holiday herein specified unless such an employee has been employed by the city on the day preceding and the day following such holiday. Employees who are on voluntary, unpaid leave on the day preceding or the day after the holiday shall not receive holiday pay.

I. Maternity Leave. Maternity leave shall be granted in accordance with Government Code Section 12945(b)(2), as amended. As currently written, state law requires the city to provide up to four (4) months leave of absence for pregnancies, childbirth or related medical conditions upon medical certification of a pregnant employee's inability to continue working (i.e., disability). Maternity leave as defined in this section is in addition to the leave requirements of the Family Medical Leave policy as outlined in the following section.

J. Family Medical Leave.

1. Statement of Policy. In accordance with the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) the City of El Monte will provide family and medical care leave for eligible employees, as defined.

2. Definitions.

a. "12-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.

b. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step-child.

c. "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves:

i. Any period of incapacity or treatment in connection with or in consequent to a hospital, hospice or residential medical care facility;

ii. Any period of incapacity requiring absence from work of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider;

iii. Continuing treatment of a health care provider for a chronic or long term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days; or

iv. Prenatal care by a health provider.

d. "Continuing treatments" means:

i. Two (2) or more visits to a health care provider;

ii. Two (2) or more treatments by a health care practitioner (e.g. physical therapist) on referral from, or under the direction of a health care provider or;

iii. A single visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider (e.g. medication therapy).

3. Reasons for Leave. Leave is only permitted for the following reasons:

a. The birth of a child or to care for a newborn of an employee;

b. The placement of a child with an employee in connection with the adoption or foster care of the child;

c. Leave to care for a child, parent, or a spouse who has a serious health condition; or

d. Leave because of the serious health condition that makes the employee unable to perform the functions of his/her position.

4. Employees Eligible for Leave. An employee is eligible for leave if the employee has been employed for at least six (6) calendar months.

5. Amount of Leave. Eligible employees are entitled to a total of four hundred eighty (480) hours of leave in any twelve (12) month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires twelve (12) months after the birth or placement.

6. Employee Benefits While on Leave. Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of El Monte's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the preceding benefit plans by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave.

7. Substitution of Paid Accrued Leaves. If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave) in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave under this policy. If an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave.

8. Medical Verification. Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position.

a. If the City of El Monte has reason to doubt the validity of a certification, the city may require a medial opinion of a second health care provider chosen by the city. If the second opinion is different from the first, the city may require the opinion of a third provider jointly approved by the city and the employee. The opinion of the third provider will be binding.

b. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can be best accomplished through an intermittent or reduced leave schedule.

9. Employee Notice of Leave. Although the City of El Monte recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If the city determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the city may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute.

10. Reinstatement Upon Return from Leave. Upon expiration of leave, an employee is entitled to be restored to the position of employment held when the leave commenced, or to an equivalent position.

11. As a condition of restoration of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to work. Failure to provide such certification will result in denial of restoration.

12. Employees must fill out the applicable forms in connection with leave under this policy.

K. Police Department Holidays. The Police Department, being a safety department of city government, and working twenty-four hours per day, three hundred sixty-five (365) days per year, is unable to take allowed holidays in the conventional manner. Therefore, holidays will be governed by the appropriate governing Memorandum of Understanding.

(Ord. 2579 § 10, 2003)

A. Application of Rates. Employees occupying a position in the competitive service shall be paid a salary or wage within the range established for that position's class under the pay plan as provided by Section 2.72.050. The minimum rate for the class generally shall apply to employees upon original appointment. However, the appointing power may, when circumstances warrant it, appoint at other than the first step. Lateral transfers shall not affect an employee's salary rate.

B. Acting Pay. Shall be governed by the appropriate governing Memorandum of Understanding.

(Ord. 2579 § 11, 2003)

A. Transfer. After notice to the Human Resources Officer, an employee may be transferred by the appointing power at any time from one position to another position in the same or comparable class. If the transfer involves a change form from the jurisdiction of one supervising official to another, the incoming department head must consent thereto unless the appointing power orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the personnel ordinance and in these rules. No person shall be transferred to a position for which he/she does not possess the minimum qualifications.

1. An employee may also initiate a transfer to another position in the same or lower classification at the same or a lower salary for which they are qualified. To accomplish such a transfer the employee must apply to the Human Resources Office. With the approval of the Department Head for whom the employee requests to work, the employee shall be transferred when the first vacancy occurs.

B. Promotion. It is the policy of the City of El Monte to develop the skills of current employees and to promote from within. However, if promotion from within would perpetuate adverse impact against classes protected by federal or state law, or if current employees are not sufficiently qualified to perform the current essential functions of the vacant position, the appointing authority after consulting with the Human Resources Officer, may call for an open, competitive examination.

C. Demotion. The appointing power may demote a regular employee whose performance falls below standard, or for other disciplinary purposes. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications. Written notice of the demotion shall be given to the employee fourteen (14) calendar days prior to the effective date of the demotion and a copy shall be filed with the Human Resources Officer. In all cases of involuntary demotion, the appointing power shall follow the procedures set forth in Section 2.72.140. Any regular employee may request voluntary demotion to any vacant position for which he/she is qualified.

D. Reinstatement. An employee who has resigned with a good record shall be reinstated within two years to his/her former position, if vacant, or to a position in the same or comparable class. If the employee is reinstated within thirty (30) calendar days, the employee is eligible for restoration of all unpaid benefits, however, the employee's anniversary date will be set forward one month.

(Ord. 2579 § 12, 2003)

A. Lay-off. The appointing power may abolish a position within a class in the competitive service because of lack of work or lack of funds, which, in turn, may require the layoff of one or more employees. When a position within a class is abolished thereby necessitating a layoff, the following procedures shall be followed:

1. An employee shall be ranked by classification grouping in accordance with his/her appointment to the specific classification. Groupings in descending order are:

a. Police classification grouping (ranked from highest compensated to least compensated. Refer to Appendix I).

b. Miscellaneous classification grouping (ranked from highest compensated to least compensated. Refer to Appendix I).

2. Position reductions within classification groupings shall be in inverse classification seniority order with the least senior employee appointed to the classification affected first.

3. An affected employee shall be allowed to displace a less senior employee within any equal or descending classification within his/her grouping by an exercise of city seniority, providing such displacing employee is fully qualified to perform the essential functions of the displaced employee. No training other than familiarization/orientation shall be conducted by the city. An employee failing to qualify after displacing a less senior employee by an exercise of city seniority shall be laid off.

4. An employee who, by an exercise of city seniority, displaces a less senior employee shall be compensated at the step in the new classification equal to or closest to his/her present step rate of pay provided that no increase in base pay results.

5. An employee last holding a position of higher rank shall have first opportunity, by classification seniority to revert to a position classification formerly held whether such employee is temporarily displaced within the classification grouping or separated from the city through voluntary layoff.

6. An employee laid off by the city by the above reduction in force procedure shall be recalled in accordance with city seniority to a position within his/her former classification grouping, which he/she is qualified to perform. Recall shall be by certified mail, return receipt requested.

7. No person outside the competitive service (with the exception of the City Manager) shall be assigned to perform the essential functions of a position from which a regular employee was laid off, for more than sixty (60) days. Whenever possible the city shall lay off employees outside the competitive service before any layoffs of regular employees.

B. Resignation. An employee wishing to leave the competitive service in good standing shall file with the supervising official at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Human Resources Officer with a statement by the appointing power or Department Head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the city. The resignation of an employee who fails to give notice shall be reported to the Human Resources Officer by the Department Head immediately.

(Ord. 2579 § 13, 2003)

A. Cause and Extent. Disciplinary action may be taken against a regular employee for cause. The extent of the disciplinary action taken shall be commensurate with the offense, and the prior employment history of the employee. Exempt employees, outside the competitive service, serve at the will of the appointing power and may be disciplined at any time without cause or rights of appeal.

B. Kinds of Action. The disciplinary actions that may be taken are dismissal, demotion, suspension, reduction in step within a range, written reprimand or any appropriate combination of these.

C. Grounds for Disciplinary Action. Disciplinary action may be taken for any cause, which may include, but not be limited to the following, insofar as they relate to the employee's ability to perform the functions required by employment with the city:

1. Fraud in securing employment or making a false statement on an application for employment.

2. Incompetence, i.e., failure to comply with the minimum standard of an employee's position for a significant period of time.

3. Inexcusable inefficiency or neglect of duty, i.e., failure to perform duties required of an employee within his/her position.

4. Willful disobedience and insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.

5. Dishonesty, involving employment.

6. Being under the influence of alcohol or illegal drugs or narcotics while on duty.

7. Excessive absenteeism.

8. Inexcusable absence without leave.

9. Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave.

10. The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute grounds for discipline of any employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The Human Resources Officer and/or appointing power may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline.

11. Discourteous treatment of the public or a co-worker.

12. Improper or unauthorized use of city property.

13. Violation of the rules and regulations published and posted in any department.

14. Refusal to subscribe to any oath or affirmation which is required by law in connection with city employment.

15. Any willful act of conduct related to the employee's fitness for duty undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the city, the employee's department or division.

16. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of city property.

17. Mental or physical infirmity or defects which render the employee unfit for the proper performance of his duties if no reasonable accommodation can be made.

18. Outside employment that interferes with the employee's performance of his/her city duties and which is not specifically authorized by the appointing power or City Manager. Prior to the imposition of any discipline under this provision, the employee will first be afforded the opportunity to give up the outside employment or modify it in a manner acceptable to the city.

19. The refusal of any employee of the city to appear when subpoenaed under oath before any Grand Jury having jurisdiction over any then pending cause or inquiry in which the investigation of government bribery or misconduct in city office is involved, shall constitute of itself sufficient ground for the discipline of such city employee.

20. Willful violation of any of the provisions of the ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council or City Manager.

21. Improper political activity. Example: Those campaigning for the election or non-election of any candidate in national, state, county or municipal elections while on duty or in a city uniform on or off duty; or the dissemination of political material of any kind while on duty or in uniform.

a. Activities not affected. Nothing in these rules and regulations shall be construed to prevent any employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his/her vote or from seeking or accepting election or appointment to public office, provided however, that a person holding a position in the classified service must resign his/her position in the classified service upon being elected to the office of any elective office of the city.

D. Disciplinary Action, Authority to Take.

1. The City Manager shall have authority to take disciplinary action.

2. Department Heads and their designees are authorized to suspend for three (3) days or less, issue written reprimands and verbal warnings of unsatisfactory performance to employees when indicated and recommend all other forms of disciplinary action.

3. The Human Resources Officer shall be notified of any contemplated disciplinary action prior to the time it is taken.

E. Procedures.

1. Notice of Intent. Whenever the appointing power intends to suspend, demote, decrease in pay or dismiss a regular employee, the appointing power shall give the employee a written Notice of Intent to Discipline which shall include the following:

a. The disciplinary action intended;

b. The specific charges upon which the action is based;

c. A factual summary of the grounds upon which the charges are based;

d. Notice of the employee's right to respond to the charges either orally or in writing to the appointing power;

e. The employee's right to review and copy all the materials upon which the intended discipline is based;

f. The date, time and person before whom the employee may respond within ten (10) days;

g. A statement that the failure to respond at within the time specified in the Notice shall constitute a waiver of the right to respond prior to final discipline being implemented.

2. Final Notice. If, after the response or the expiration of the employee's time to respond to the Notice of Intent, the appointing power decides to proceed with the disciplinary action, a Final Notice shall be served upon the employee either in person or by certified mail which shall set forth the reasons for the discipline imposed, and the effective date thereof.

3. Removal of Employee from Duty. Where retention in active work status would be detrimental to the best interest of the city, the employee or other employees, the employee may be removed from duty immediately. However, such removal shall not cause the employee loss of pay or benefits.

4. Appeal for Employees.

a. Within ten (10) working days after service upon the employee of the final notice (fifteen (15) days if service is by certified mail), the employee may appeal the disciplinary action.

b. Every appeal shall be taken by way of written notice of appeal filed with the Human Resources Officer prior to the expiration of the appeal period.

c. An appeal shall contain a notice of the employee's intent to appeal, setting forth specific facts upon which the appeal is based, a specific reference to the disciplinary action upon which the appeal is taken and the nature of the relief sought. Every notice of appeal shall be signed by the employee or the employee's representative. If the employee will be represented during the appeal hearing, the employee shall identify his or her representative in the notice.

d. The City Manager, upon receipt of a timely appeal, which contains all of the required information, shall submit to the employee a list containing seven (7) names from the California State Mediation and Conciliation Office, one of whom shall act as Hearing Officer. The names shall be numbered consecutively.

e. Within ten (10) consecutive calendar days after service of the list containing the names, the employee and then the City Manager may alternate and strike one name from the list.

f. Upon expiration of the said ten (10) day period, the Hearing Officer shall be deemed for all purposes to be the Judge whose name appears on the list with the lowest number next to his or her name.

g. If no name remains on the list, another list of seven (7) new names shall be requested. Within ten (10) consecutive calendar days after service of the new list, the same process of alternate striking shall be followed. Upon expiration of said ten (10) day period, the Hearing Officer shall be deemed for all purposes to be the Judge whose name appears on the list with the lowest number next to his or her name.

h. If for any reason the person who is designated as Hearing Officer is unable or unwilling to serve as such, the name on the list with the next lower number and whose name was not stricken shall be Hearing Officer. In the event that none of those named on the list are unwilling or unable to serve as Hearing Officer, the City Manager shall prepare and submit a new list to the employee containing not less than seven (7) different names from the State Mediation and Conciliation Office. The above procedures shall be followed until a Hearing Officer is selected.

i. Notwithstanding the foregoing, the employee and the City Manager may mutually agree upon a qualified person to act as Hearing Officer.

j. The designated Hearing Officer shall set a time and place for the conduct of the de novo appeal hearing and shall give not less than fifteen (15) consecutive days notice thereof to the employee and to the appointing power.

k. Upon conclusion of the hearing, the Hearing Officer shall prepare findings of fact and a determination, which shall include all of the issues presented by the appeal. The Hearing Officer shall serve a copy of the proposed findings and determination upon the employee and upon the appointing power. The findings and determination made by the Hearing Officer shall be deemed final and conclusive unless the employee or City Manager files a written appeal to the City Council within ten (10) consecutive calendar days following the service of the findings and determination upon the employee. Where a timely appeal is filed appealing the decision of the Hearing Officer to the City Council, a transcript of proceedings before the Hearing Officer shall be prepared which shall include all documents presented in evidence at the hearing, and including any document not accepted in evidence by determination of the Hearing Officer. The transcript together with the findings and determination of the Hearing Officer shall be transmitted to the City Council. The City Council shall set a time and a place for a hearing on the appeal from the decision of the Hearing Officer. The action of the City Council on the appeal shall be limited to a review of the transcript and the submission by the parties of written or oral arguments in support of and/or in opposition to the Hearing Officer's findings and determination. The City Council shall not accept any further evidence unless there is a showing of good cause that the evidence proposed to be presented was not available at the time of the hearing before the Hearing Officer through no fault of the party offering the same. The City Council may consider the evidence in such a case or may refer the matter to the Hearing Officer for a further review based upon the evidence involved.

l. The City Council shall act upon the appeal based upon the transcript and such written or oral arguments, which have been presented to it by the parties. The City Council may overturn the determination of the Hearing Officer; or accept the same; or modify it in whole or in part.

m. The action of the City Council shall be final and conclusive subject only to judicial review.

F. Hearing Procedure.

1. All hearings before the Hearing Officer shall be conducted de novo and shall be closed unless the employee requests in writing five (5) days before the hearing that the hearing be open.

2. Subpoenas and subpoenas duces tecum may be issued by either party and shall be enforced by the Hearing Officer.

3. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules, which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions and irrelevant and unduly repetitious evidence shall be excluded. The Hearing Officer shall not be bound by technical rules of evidence. The Hearing Officer shall rule on the admission or exclusion of evidence.

4. Each party shall have these rights: To be represented by legal counsel or other person of his or her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to suspend for reconsideration; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If the employee does not testify in his or her own behalf, he or she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation.

5. The hearing shall proceed in the following order, unless the Hearing Officer for good cause, otherwise directs:

a. The appointing power shall be permitted to make an opening statement;

b. The employee shall then be permitted to make an opening statement;

c. The appointing power shall produce evidence; the appointing power shall have the burden of proof and burden of producing evidence showing by a preponderance of the evidence the existence of facts which support the imposition of the discipline; and

d. The employee may then open his or her defense and offer his or her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;

e. The parties may then, in order, respectively offer rebutting evidence only, unless the Hearing Officer for good reason, permits them to offer evidence upon their original case;

f. Closing arguments shall be permitted and written briefs may be permitted. The appointing power shall have the right to open the closing arguments followed by the employee. The appointing power then has a right to reply.

g. The Hearing Officer shall determine relevancy, weight, and credibility of testimony and evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the Hearing Officer, for good cause, otherwise directs.

G. Appeal for Safety Employees.

1. There is created an Appeals Commission. The Appeals Commission shall discharge the duties as delegated to it in this section. The Appeals Commission shall consist of a five (5) member board as appointed by the City Council. Subject to the approval of the City Council, each City Councilmember and the Mayor shall nominate one member to serve on the Appeals Commission for a term in office on the Appeals Commission which is no longer than the remaining term of the City Councilmember who has nominated the member of the Appeals Commission. The method for designating the order in which City Councilmembers may nominate persons to serve as members of the Appeals Commission for vacancies which may exist or occur on the Appeals Commission from and after August 1, 1992 shall be as provided in City Ordinance No. 2374. Members of the Appeals Commission shall serve at the pleasure of the City Council. Notwithstanding the expiration date of the term of a particular member of the Appeals Commission, each Commissioner shall continue to serve at the pleasure of the City Council until his or her successor is nominated and appointed.

2. The members of the Appeals Commission shall be compensated at the rate of twenty-five dollars ($25.00) per meeting; but not to exceed seventy-five dollars ($75.00) per month, in performance of their duties.

3. If a vacancy shall occur on the Appeals Commission otherwise than by expiration of a term, the vacancy shall be filled for the unexpired portion of such term by the nomination of the City Councilmember or Mayor, who originally nominated such member, subject to the approval of the City Council.

4. The members of the Appeals Commission shall be qualified electors of said city. No person shall be appointed to said Board who holds any salaried public office or employment; nor shall any member, while a member of the Board or for a period of one year after he or she has ceased for any reason to be a member, be eligible for appointment to any salaried employment in the service of the city other than a city elective office.

5. The Appeals Commission shall meet from time-to-time at the request of the Human Resources Officer. Three (3) members of the Appeals Commission shall meet for the purpose of discharging the duties of the Appeals Commission to consider such a matter as referred to it by the Human Resources Officer and two (2) members shall be considered a quorum for the purpose of conducting business. The three (3) members of the Appeals Commission shall be designated lot as drawn by the Human Resources Officer from time to time as may be necessary to consider a particular matter of business. Not less frequently than once per year, the Appeals Commission shall conduct a meeting of its entire membership for the purpose of reviewing the administrative procedures of the Appeals Commission for considering the matters as may be referred to the Appeals Commission under this chapter. At such a meeting where all five (5) members of the Appeals Commission may be present, the Appeals Commission shall not consider any matter as may be referred to the Appeals Commission under this section.

6. Any safety employee in the competitive service, who has been demoted, dismissed or reduced in pay, shall be entitled to receive a written statement of the reasons for such action within three (3) days, and he or she shall have three (3) days' time thereafter within which to answer in writing thereto. A copy of such charges and answer shall be filed with the Personnel Clerk. In the event the employee files an answer, a copy of such written charges and of such answer shall be transmitted by the Personnel Clerk to the Appeals Commission. Within ten (10) days from the date of filing his or her answer to the written charges, or in the event such written charges have not been made available to him or her within the time prescribed, then within ten (10) days after the action taken to demote, dismiss or reduce the pay of the employee, he or she may file a written demand with the Personnel Clerk requesting a hearing before the Appeals Commission. The Board shall then investigate the case and conduct a hearing as provided by this chapter and by the rules.

7. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program shall not constitute reductions in pay entitling employees to a hearing under the provisions of this section or of this chapter.

8. Any safety employee in the competitive service shall have the right to appeal to the Appeals Commission relative to any situation affecting his employment status or conditions of employment, except in instances where the right of appeal is prohibited by this chapter. Thereupon the Board shall make such investigation as it may deem necessary and within twenty (20) days after the request for hearing was filed by the employee, the Board shall hold a hearing, at which time it shall hear evidence for and against such employee. Hearings may be informally conducted and the rules of evidence need not apply.

9. Within ten (10) days after concluding the hearing, the Appeals Commission shall certify its findings and recommendations to the Council or other official from whose action the appeal was taken. Said official may then affirm, revoke or modify the action taken, as in his or her judgment shall seem warranted. The findings and recommendation of the Appeals Commission and any action taken by the Council or other appointing power shall be final and conclusive.

(Ord. 2700 § 1, 2007; Ord. 2579 § 14, 2003)

A. Responsibility for Training. Responsibility for developing training programs for employees shall be assumed jointly by the City Manager, Human Resources Officer, and Department Heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.

B. Credit for Training. Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Human Resources Officer.

(Ord. 2579 § 15, 2003)

A. Personnel Records. The Human Resources Officer shall maintain a service or roster card personnel record for each employee in the service of the city showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as is used for Human Resources purposes.

B. Human Resources Action Forms. Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Human Resources Officer.

C. Destruction of Records. Prior to any document being removed from a personnel file, that employee shall be provided with fifteen (15) days notice of such action.

D. Personnel Files.

1. Viewing Files. An employee, or the employee's representative, with written consent, shall be entitled to review his/her personnel file.

2. Photocopy Charge. If an employee wishes to have a photocopy of any of the documents in the personnel file, he/she will pay the fee charged by the city at that time for photocopies.

3. Placing Documents in Personnel Files. An employee shall be provided with copies of all documents that are to be placed in his/her personnel file and shall be given thirty (30) days from the date of first receipt of the document to respond. The response shall be attached to the document.

(Ord. 2579 § 16, 2003)

A. Performance Evaluation. Performance evaluation is an on-going process and the Human Resources Officer shall provide a method of reporting of individual employee performance, which may relate to quantity and quality of work, ability, reliability, discipline, attendance, and other factors. The Human Resources Officer shall prescribe forms for such performance evaluations and shall be responsible for assuring that such evaluations are adequate to provide information to both the employee and the city for the purposes set forth in this section.

B. Performance Reports. Department Heads shall at a minimum, annually rate the performance of each employee, provided, however, that the department heads may delegate the responsibility for rating the performance of specified employees in their departments to that employee's supervisor. Interim reports may be completed as necessary when changes in work performance occur. Each employee shall be informed in such reports of his/her strengths and weaknesses. The reports may be inspected by the employee, the employee's departmental supervisor(s), the employee's department head, the Human Resources Officer, and other management staff as appropriate, but shall not be open to any other persons, unless the employee specifically authorizes such other person to inspect the report(s), or the Human Resources Officer determines the report(s) to be relevant evidence in any hearing procedure conducted under these Rules.

C. Appeal of Performance Report. A regular employee shall have the right to appeal any performance report to his/her Department Head. The Department Head's decision shall be final. Notwithstanding, whether or not such an appeal was taken, the employee shall have the right to respond to the report. The response shall be attached to the report.

(Ord. 2579 § 17, 2003)

A. A city employee shall not engage in any employment, activity, or enterprise, which is in conflict with his or her duties, functions, or responsibilities as a city employee.

B. Use of City Equipment Prohibited.

1. No city-owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the city shall be used by an employee while said employee is engaged in any outside employment or activity for compensation, or otherwise, except upon prior written approval of the City Manager. This section shall not apply to city safety equipment provided to individual safety employees.

2. No employee shall allow any unauthorized person to rent, borrow, or use any of the items mentioned in (a) above, except upon prior written approval of the City Manager.

3. Violations and Penalties. Any violation of the provisions herein contained respecting outside employment or activity, and use of city property shall constitute sufficient grounds for disciplinary action.

(Ord. 2579 § 18, 2003)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, creed, religious belief, national origin, marital status, sex, sexual orientation, citizenship, age or handicap.

(Ord. 2579 § 20, 2003)

No officer, agent, clerk or employee under the government of the city shall, directly or indirectly, solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose whatever from any one on the eligible lists or holding any position under the provisions of this chapter.

(Ord. 2579 § 21, 2003)

The Council may contract with any competent agency for the performance by any such agency of such technical service in connection with the establishment of the personnel system or with its operation, as may be desired. Said contract may include the delegation to such an agency of the responsibility for the performance of the duties herein imposed upon the Personnel Clerk but shall not include the delegation to such agency of the powers and duties herein vested in the Council.

(Ord. 2579 § 22, 2003)

The Council shall appropriate such funds as are necessary to carry out the provisions of this chapter.

(Ord. 2579 § 23, 2003)

If any provision of this chapter is held contrary to law by a court of competent jurisdiction, such provision shall be severed from the remaining provisions hereof and shall be deemed null and void to the extent required by the court. Other provisions of this will continue in full force and effect.

(Ord. 2579 § 24, 2003)

All prior and other resolutions inconsistent or in conflict herewith, and all former Personnel Rules and Regulations of the City of El Monte affecting the city personnel generally, as distinguished from Departmental Rules and Regulations, are hereby rescinded and repealed concurrent with the effective date hereof.

(Ord. 2579 § 25, 2003)