Hawthorne Municipal Code Ch. 2.40 Changes in Employment Status

An employee may be transferred at any time from one position to another position in the same or comparable class. If the transfer involves a change from the jurisdiction of one supervising official to another, both officials must consent thereto unless the city council or the city manager 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 Chapter 2.18 and Chapters 2.300 through 2.52. No person shall be transferred to a position for which he or she does not possess the minimum qualification.

(Prior code § 2-399.25)

Except as otherwise provided, transfers made without the approval of the commission obtained in advance, shall be null and void. The city employee concerned shall have reasonable notice of the proposal to transfer him or her in advance of filing the written request therefor.

(Prior code § 2-399.26)

Where an employee becomes physically incapacitated for the performance of his or her duties, the head of the department may, with the approval of the commission, transfer him or her to a position in the same, or in a lower class which he or she has the ability to fill.

(Prior code § 2-399.27)

The commission shall refuse to authorize the transfer of city employee when upon investigation it finds that the transfer is made or proposed:

A. With the intent of forcing or causing a city employee to resign; or

B. Because of political or other improper influences; or

C. Without notifying the employees in advance of filing such request with the commission.

(Prior code § 2-399.28)

Insofar as practicable and consistent with the best interests of the service, all vacancies in the classified service shall be filled by promotion from within the classified service, after a promotional examination has been given and a promotional list established.

If, in the opinion of the civil service commission, a vacancy in the higher position could be filled better by an open, competitive examination instead of a closed, promotional examination, and if there is not already a promotional list for the higher position, which list has not been abolished and from which the vacancy could be filled, then the civil service commission may instruct the director to call for applications for the vacancy and arrange for an open, competitive examination and for the preparation and certification of a promotional list.

(Prior code § 2-399.29)

The appointing power may demote an employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with consent of the prospective supervising official, demotion may be made to a vacant position as a substitution for layoff. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications. Written notice of the demotion shall be given the employee before or within three days after the effective date of the demotion.

(Prior code § 2-399.30)

An employee in the classified service may be discharged at any time by the appointing power, but if the probationary period has been completed, then such discharge must be for a stated cause. Any employee who has been discharged shall be entitled to receive a written statement of the reasons for such actions as provided in Chapter 2.18 and Chapters 2.30 through 2.52.

(Prior code § 2-399.31)

An employee wishing to leave the classified service in good standing shall file with the supervising official at least one week before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the director with a statement by the appointing power or department head as to the resigned employee's service performance and other pertinent information concerning the causer 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 by the department head immediately.

With the approval of the appointing power, an employee who has resigned with a good record may be reinstated within three years to his or her former position, if vacant, or to a vacant position in the same or comparable class.

(Prior code § 2-399.32; Ord. 1898 § 1, 2007)

The appointing power or department head may suspend a subordinate employee from his or her position at any time for the good of the service, for a disciplinary purpose or for other just cause. Suspension without pay shall not exceed thirty days in any fiscal year. Suspensions shall be reported immediately to the director by the appointing power or department head.

Whenever it is the intention of the appointing power to discharge an employee in the classified service, he or she shall first enter an order for suspension without pay. The period of suspension shall extend until the time allowed for an answer to the charges has lapsed, or if an appeal is taken to the board of review, then the suspension period shall extend until the written findings and recommendations of the board of review have been submitted.

No appointment except a temporary appointment shall be made to fill the vacancy until the period of suspension has lapsed and the employee is finally discharged.

(Prior code § 2-399.33)

Whenever, in the judgment of the city council, it becomes necessary in the interest of economy or efficiency, or because the necessity for the position involved no longer exists, the city council may abolish any position of employment in the classified service and discontinue the services of the employee holding such position or employment. If the city council finds that complete abolition of the position is not necessary, it may establish a part-time position, or a callas-needed position.

Action taken under this section shall be supplemented by a verified statement stating the reasons and causes for the abolition or curtailment of an office or position, which statement shall be filed with the city clerk and shall further provide that the abolition or curtailment is made in good faith and not for the purpose of circumventing the provisions of Chapter 2.18 or Chapters 2.30 through 2.52.)

Should such position or employment or any position involving all or any of the same duties be reinstated or created within two years, the employee discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position, provided permanent status was attained prior to the abolition or curtailment.

If a subordinate position exists within the department for which the officer or employee is qualified, the officer or employee may at his or her option accept a demotion if his or her position is abolished and the subordinate is discharged. The last person permanently appointed to the office or position being abolished or curtailed shall be the first person subject to discharge, it being the purpose and intent of this section to observe the rule of seniority.

(Prior code § 2-399.34)

All officers or employees affected by the provisions of this chapter are entitled to appeal or hearing as provided under provisions of Chapters 2.30 through 2.52.

(Prior code §2-399.35)