Article VIII — OFFICERS AND EMPLOYEES

There shall be a personnel merit system in the City of Eureka which shall include all offices and employees in the city government except:

(a) offices required by this Charter to be filled by election or appointment by the Mayor and/or City Council.

(b) part-time or temporary employees who are regularly employed for less than one-half time throughout the year, or who are employed in seasonal employment for not more than 120 days in any consecutive 12 months; and

(c) those engaged by contract for special services of a professional, scientific or technical nature, or where the service is essentially non-personal in character.

All appointments and promotions in the personnel merit system of the city shall be based on merit as determined by tests and by records of achievement.

(Amended by election November 2, 2010)

Provisional appointments to positions in the personnel merit system may be made pending the creation of eligible lists, as provided for in the City Personnel Rules and Regulations.

(Amended by election November 2, 2010)

The City Council shall by ordinance provide a modern system of personnel administration based on the personnel merit principle required by this Article, consistent with modern accepted practices in public personnel administration, and giving due consideration to the relative interests of the city as an employer and of its employees.

Any officer or employee of the city subject to the personnel merit system who shall be removed or suspended by proper authority having charge of his appointment, shall have a written notice of the cause of his removal or suspension from duty, and he shall have an opportunity to be heard on the cause of his removal or suspension at a public hearing of the City Council or personnel board.

Every officer and employee shall, before entering upon the duties of their respective offices or employments, take and subscribe the oath or affirmation required by the Constitution of the State of California.

Officers or employees receiving and disbursing or accounting for public funds are to provide an official bond. The City Council shall determine by ordinance which other officers and employees are to provide such bond, and shall determine the amount and terms thereof. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the city. There shall be no personal liability upon, or any right to recover against, a superior officer or his bond for any wrongful act or omission of his subordinate, unless such superior officer was a party to or conspired in such wrongful act or omission.

Any elective officer of the City who shall during his term of office hold or retain any other elective public office to which compensation is attached, or who shall hold any other position, office or employment the compensation of which is paid by the City, except as otherwise provided in this Charter or by law, shall be deemed thereby to have vacated the office held by him under the city government.

No member of the Council, and no officer or employee of the city, shall be or become directly or indirectly financially interested in, or with the performance of, any contract, work, or business, or in the sale of any article, the expense, price or consideration of which is payable from the City Treasury, or in the purchase or lease of any real estate or property belonging to or taken by the city, or which shall be sold for taxes or assessments or by virtue of legal process at the suit of the city; provided, however, that any member of a board, commission or committee serving without compensation may contract to sell personal or real property to the city to be used by a department of the city, board, commission or committee other than the board, commission, or committee on which he serves; and provided further, that no officer or employee shall be deemed to be financially interested, within the meaning of the foregoing provisions, if such interest is not a prohibited interest under, and disclosure is made in accordance with the provisions of Article 4, Chapter 1, Division 4, Title 1 of the Government Code of the State of California as the same now exists or may hereafter be amended, or under the provisions of the Political Reform Act of 1974 as the same now exists or may hereafter be amended or an applicable local conflict of interest code adopted pursuant to said Political Reform Act of 1974.

Any member of the Council, or any officer or employee of this city, violating the provisions of this section, or who shall be directly or indirectly interested in any franchise, right, or privilege granted by the city while he is such officer, member, or employee, unless the same shall devolve upon him by law, shall forfeit his office or employment, and be forever disqualified from holding any position in the service of the city; and all contracts made, or rights or franchises granted, in violation of this section shall be absolutely void.

No officer or employee of the city shall be or become a surety on any bond given to the city, or to any person for the benefit of the city; nor shall any officer or employee of the city give or promise to give any person any portion of such officer's or employee's compensation, or any money, or thing of value, or any position, in consideration of having been or being nominated, appointed, voted for, or elected to any office or employment under the city. No officer or employee of the city shall, while in office, accept any donations or gratuity in money or anything of value, either directly or indirectly from any subordinate employee, or from any candidate or applicant for any position under such officer or employee, or from any person seeking special favors or considerations. Any person violating the provisions of this Section shall forfeit his office and employment with the city.

If any non-elected officer, of the city shall absent himself therefrom for more than thirty days, consecutively, without the permission of the Council, or be convicted of a felony his office shall be and become vacant, and such vacancy shall be filed, as in this Charter provided.

(Amended by election on November 5, 1991)

No officer or employee in any department of the city government shall ever be appointed or removed for or on account of partisanship, political opinions, race, color, ethnic or national origin, religious beliefs, sex, ancestry, age, physical disability, mental disability, medical condition, sexual orientation, family care or medical leave status, veteran status, marital status or any other protected status as defined by Federal, State and/or local legislation.

(Amended by election November 2, 2010)