Montebello Municipal Code Ch. 2.60 Civil Service System

In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal services the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive tests; to provide a reasonable degree of security for qualified employees; and to insure the city a staff of loyal and qualified employees; the following civil service systems is adopted as a continuation of the existing civil service systems established by Ordinance No. 259.

(Prior code § 2200)

The city manager shall be personnel officer. With the approval of the council, the personnel officer may delegate any of the powers and duties conferred upon him under this chapter to any officer or employee of the city, or may recommend that such powers and duties be performed under contract as provided in Section 2.60.280 of this chapter. The personnel officer shall:

A. Attend all meetings of the commission and serve as secretary;

B. Administer all the provisions of this chapter and of the civil service rules not specifically reserved to the council, commission or other officers or employees of the city;

C. Prepare and recommend to the council revisions and amendments to the civil service rules. The city attorney shall approve the legality of such revisions and amendments prior to their submission to the council;

D. Act as custodian of all personnel records and shall be the official upon whom all notices, requests for hearings, complaints and other official documents shall be served;

E. Prepare a position classification plan, including class specifications, and from time to time necessary revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval of the council by resolution;

F. Maintain in card index form a roster of officials and employees of the classified service;

G. Prepare a record of the length of service of each employee and officer of the classified service together with a concise statement of the duties of each officer and employee in the classified service, together with the salary paid and hours rendered by said employee;

H. Prepare a plan of compensation, and revisions thereof, covering all classifications in the classified service. The plan, and any provisions thereof, shall become effective upon approval of the council by resolution;

I. Become familiar with all matters relating to the retirement system and its administration.

(Prior code § 2201)

A. There is created a civil service commission of and for the city, which shall consist of seven members, each of who shall be appointed by the city council.

B. The membership and size of the civil service commission shall not be increased from its current membership of five, to a greater number not to exceed seven, until such time as the extra members are appointed and duly qualified to serve on the commission. Once such appointments for membership of the commission are made, the total members, for purposes of calculating a quorum and all other purposes then shall be seven.

(Ord. 2158 §§ 7, 11, 1997: Ord. 2106 § 6, 1994: prior code § 2202)

An individual shall be eligible for appointment to the commission as long as he or she is a resident within the city at the time of his or her appointment and at all times during his or her term. Each member shall serve until his or her successor is appointed and qualified, or until he or she is removed from office, by not less than a majority vote of the total voting membership of the city council, with or without cause. No person while a member of the commission, nor for a period of one year after termination of such membership shall be eligible for appointment to the classified service of the city.

(Ord. 2158 § 8, 1997: Ord. 2106 § 7, 1994: prior code § 2205)

Each commissioner shall be appointed for a term not to exceed four years; provided that the city council shall stagger terms of office; or portions of terms of office at such times as it shall deem necessary, so as to provide for continuity in the membership of the commission. Annually, on or before January 15th, the members of the commission shall elect one of their number as chairman of the commission.

(Ord. 2158 § 9, 1997: prior code § 2203)

The functions and powers of the commission shall be:

A. As provided by this chapter and by the rules, to hear appeals submitted by any person in the classified service relative to any disciplinary action, dismissal, demotion or alleged violation of this chapter or the civil service rules, and to certify its findings and recommendations as provided by this chapter;

B. In any investigation or hearing conducted by the commission, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoena shall subject the person to prosecution in the same manner as set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the commission shall have the power to administer oaths to witnesses;

C. To publish or post notices of tests for positions in the classified service; to receive applications therefor; to conduct and grade tests (this duty and function may be contracted as provided by Section 2.60.280 of this chapter); to certify to the appointing authority a list of all persons eligible for appointment in the appropriate position in the classified service. The commission shall cause the duties imposed upon it by this subsection to be performed by the personnel officer except the duty to conduct and grade tests which may be performed for the commission by the personnel officer. In the performance of such duties so delegated by the provisions of this subsection, the personnel officer shall be subject to the direction and control of the civil service commission;

D. When requested by the city council, the commission shall hold hearings and make recommendations on any matter of personnel administration, within the limits of such request;

E. To advise the city council on all matters and problems concerning personnel administration.

(Prior code § 2206 (part))

The commission shall determine the order of business for the conduct of its meetings, and shall meet regularly at least once a month, or more often if on call of the chairman or a majority of the commission. A majority of the commission shall constitute a quorum for the transaction of business. All meetings of the commission shall be held in the city hall except where facilities of the city hall are not sufficient to accommodate, the commission may adjourn to larger quarters.

(Ord. 2158 § 10, 1997: prior code § 2206 (part))

A. If a member of the commission shall be absent from three successive regular meetings of the commission, without cause, the office of such member shall be deemed to be vacant. The secretary of the commission shall immediately inform the city council of such vacancy.

B. An absence due to illness, an unavoidable absence from the city, or provided that written notice thereof is given to the secretary of the commission in advance of such regular meeting, shall be deemed an absence for cause.

(Prior code §§ 2203.1 and 2203.2)

Vacancies on the commission shall be filled as provided in Section 2.60.030 of this chapter for the balance of the unexpired term.

(Prior code § 2204)

All officers and employees of the city shall be included in one of the categories specified in this section:

A. Elective Officers of the City. The elective officers of the city shall be the following:

1. Each member of the city council;

2. City clerk; and

3. City treasurer.

B. Classified Service Employees. Except as otherwise expressly provided in this section, all full-time officers and employees of the city shall be deemed, for all purposes, to be included within the city civil service system, and such persons shall be referred to as employees in the classified service. All employment rights and duties of employees in the classified service shall be subject to the provisions of this chapter and of the civil service rules and regulations of the city.

C. Unclassified Service Employees. The persons now, or hereafter, holding any of the following positions shall be deemed to be included within the unclassified service of the city. Unclassified service employees shall not be subject to the provisions of this chapter with reference to the city's civil service system; nor shall such unclassified service employees be subject to, or governed by, the provisions of the city's civil service rules and regulations. Appointments to, and dismissals from, positions in the unclassified service shall be governed, exclusively, by the provisions of this section.

1. City Council Appointees.

a. Persons holding any of the positions enumerated in this subdivision shall be appointed by, and serve at the pleasure of, the city council:

i. Any person employed by the city as an independent contractor for the purpose of performing a specific function or service;

ii. All persons serving on any city commission, committee or board;

iii. The city manager; and

iv. The city attorney.

b. Any action taken by the city council in the appointment of or dismissal of any person with reference to a position referred to in this subdivision, shall not be effective unless such action is concurred in by not less than three members of the city council.

2. City Manager Appointees. The city manager shall have the authority to appoint, remove and set compensation for all unclassified positions in the city, including department heads, as listed below:

Limited hourly employees;

Regular hourly employees;

Volunteer personnel, including police reserve officer and auxiliary firefighters;

All of those transitional positions, authorized by motion of the city council, which are funded, in whole or part, by a state or federal program designed to alleviate unemployment;

Accountant;

Accounting supervisor;

Administrative management analyst;

Administrative secretary;

Administrative secretary—CRA;

Administrative services technician;

Assistant city manager;

Assistant director of economic development—CRA;

Assistant director of parks & recreation;

Assistant golf course superintendent;

Assistant director of transportation;

Assistant parks maintenance supervisor;

Assistant planner;

Assistant street maintenance supervisor;

Assistant tree maintenance supervisor;

Associate civil engineer—CRA;

Associate planner—CRA;

Building maintenance crew supervisor;

Building official;

Business manager;

Chief management analyst;

City engineer;

Clerk typist—HCDA;

Code enforcement officer—CRA;

Code enforcement supervisor;

Combination building inspector—CRA;

Communications supervisor;

Community development analyst;

Community development grant program monitor;

Community development specialist;

Community services specialist (CDBG) (USDA Food Service Program);

Community services supervisor;

Crime analyst—CCAP;

Crime free multi-housing program analyst—CDBG;

Crime free multi-housing program specialist—CDBG;

Crime prevention coordinator;

Crime prevention supervisor;

Deputy director of transportation;

Deputy fire marshal;

Director of economic development;

Director of finance;

Director of human resources;

Director of municipal services;

Director of planning and community development;

Director of planning and economic development;

Director of public works;

Director of transportation;

Economic and community development manager—CRA;

Economic development analyst—CRA;

Economic development finance assistant—CRA;

Economic development manager;

Economic development project coordinator—CRA;

Engineering technician—CRA;

Equipment mechanic instructor;

Finance services supervisor;

Finance technician;

Fire chief;

Fire inspector II;

Fire marshal;

General services manager;

Golf course and landscape management supervisor;

Golf course superintendent facilities manager;

Grants and projects administrator;

Information systems supervisor;

Junior accountant;

Management analyst;

Office manager;

Parks maintenance supervisor;

Personnel analyst;

Planning manager;

Planning specialist—CRA;

Police cadet;

Police chief;

Police community service officer;

Police records clerk—CCAP;

Police trainee;

Public affairs administrator;

Public information officer;

Public works manager;

Records supervisor;

Revenue and financial systems manager;

Revenue supervisor;

Risk management analyst;

Senior management analyst/procurement;

Senior planner;

Shop maintenance supervisor;

Street maintenance supervisor;

Systems analyst;

Telecommunications supervisor;

Transit administration manager;

Transit dispatcher supervisor;

Transit fiscal supervisor;

Transit grants and projects administrator;

Transit operations manager;

Transit operations supervisor;

Transit stores and facility supervisor;

Tree maintenance supervisor;

Vehicle maintenance manager;

Youth counselor (COPS).

3. Salary ranges and fringe benefits for each position in the unclassified service shall be established by the city council.

(Ord. 2323 §§ 1, 2, 2008; Ord. 2306 §§ 1, 2, 2007; Ord. 2302 §§ 1, 2, 2007; Ord. 2301 §§ 1, 2, 2007; Ord. 2287 §§ 1, 2, 2005; Ord. 2279 §§ 1, 2, 2004; Ord. 2278 §§ 1, 2, 2004; Ord. 2275 §§ 1, 2, 2004; Ord. 2263 §§ 1, 2, 2003; Ord. 2255 § 1, 2002; Ord. 2254 § 1, 2002; Ord. 2250 §§ 1, 2, 2002; Ord. 2243 §§ 1, 2, 2002; Ord. 2238 § 1, 2002; Ord. 2237 § 1, 2002; Ord. 2233 § 1, 2001; Ord. 2232 § 1, 2001; Ord. 2220 §§ 1, 2, 2001; Ord. 2217 §§ 1, 2, 2000; Ord. 2216 §§ 1, 2, 2000; Ord. 2215 § 1, 2000; Ord. 2212 §§ 1, 2, 2000; Ord. 2204 §§ 1, 2, 1999; Ord. 2203 §§ 1, 2, 1999; Ord. 2196 § 1, 1999; Ord. 2189 § 1, 1999; Ord. 2185 § 1, 1999; Ord. 2183 § 1, 1998; Ord. 2182 § 1, 1998; Ord. 2181 § 1, 1998; Ord. 2177 § 1, 1998; Ord. 2176 § 1, 1998; Ord. 2173 § 1, 1998; Ord. 2169 §§ 1, 2, 1997; Ord. 2161 §§ 1, 2, 1997; Ord. 2159 § 1, 1997; Ord. 2157 § 1, 1997: Ord. 2150 §§ 1, 2, 1996; Ord. 2146 § 1, 1996; Ord. 2137 §§ 1, 2, 1996: Ord. 2135 § 1, 1996; Ord. 2129 § 1, 1995; Ord. 2127 §§ 1, 2, 1995; Ord. 2122 §§ 1, 2, 1995; Ord. 2093 §§ 1, 2, 1993; Ord. 2091 § 1, 1993; Ord. 2077 §§ 1, 2, 1993; Ord. 2072 § 1, 1993; Ord. 2069 § 1, 1992; Ord. 2065 §§ 1, 2, 1992; Ord. 2063 § 1, 1992; Ord. 2056 § 1, 1991; Ord. 2055 § 1, 1991; Ord. 2046 §§ 1, 2, 1991; Ord. 2040 § 1, 1990; Ord. 2039 §§ 1, 2, 1990; Ord. 2037 § 1, 1990; Ord. 2035 § 1, 1990; Ord. 2008 § 1, 1990; prior code § 2207)

(Ord. No. 2326, § 1, 1-14-2009; Ord. No. 2328, §§ 1, 2, 2-11-2009; Ord. No. 2330, §§ 1, 2, 6-10-2009; Ord. No. 2337, § 1, 6-23-2010; Ord. No. 2340, §§ 1, 2, 11-10-2010; Ord. No. 2341, § 1, 2-9-2011; Ord. No. 2343, §§ 1, 2, 7-13-2011)

Civil service rules prepared by the civil service commission, subject to this chapter and to approval of the city council, shall be adopted by resolution of the city council establishing specific procedures and regulations governing the following phases of the civil service system:

A. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the classified service, including minimum standards and qualifications for each class;

B. Public announcement of all tests and the acceptance of application for employment;

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

D. Certification and appointment of persons from employment lists, and the making of provisional, temporary and emergency appointments;

E. Evaluation of employees during probationary period;

F. Transfer, promotion, demotion and reinstatement of employees in the classified service;

G. Separation of employees from the city's service, by layoff, suspension and dismissal, for disciplinary purposes, and separation of such employees based upon a lack of physical and mental ability;

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

I. Suitable provisions for orderly and equitable presentation to the city council by employees or matters relating to general conditions of employment;

J. Content, maintenance and use of personnel records and forms;

K. The creating of temporary offices and positions, and the appointment of persons to fill the offices and positions.

(Prior code § 2208)

An amendment to the rules and regulations for the administration of the civil service system may be made by the civil service commission only upon a public hearing thereon, to be held in the manner prescribed by the rules and regulations.

(Prior code § 2209)

When an appointment is to be made to a vacancy in the classified service, the personnel officer shall transmit to the appointing authority the number of names of persons on the appropriate certified employment or promotional lists, in alphabetical order in accordance with the civil service rules and regulations. In no event shall the scores or ranking of the eligible persons be provided to the appointing authority.

(Ord. 2070 § 6, 1992: prior code § 2211)

A. In the absence of an appropriate employment or promotional list, a provisional appointment may be made by an appointing authority, subject to the approval of the city manager. The person so appointed shall meet the minimum training and experience qualifications for the vacant position.

B. The appointment shall be for a six-month period; and may be extended for an additional six-month period by the city manager for good cause. Within six months after such appointment, an eligibility list shall be established to allow a permanent appointment to be made.

C. Time served in a provisional capacity in any classified office or position immediately prior to probationary appointment shall be credited to the same degree and extent as though the appointment in provisional capacity had been a probationary appointment.

(Prior code §§ 2212 and 2213)

During the period of suspension of any employee, or pending final action on proceedings to review suspension, demotion, or dismissal of any employee, the vacancy may be filled by the appointing authority only by provisional appointment.

(Prior code § 2214)

A. An appointing authority shall have the power to make an acting capacity appointment, subject to the approval of the city manager. Such appointment shall be made from a promotional list, if a current valid promotional list is in existence. No such appointment shall be for a period longer than six months.

B. Time served in an acting capacity in any classified office or position immediately prior to probationary appointment shall be credited to the same degree and extent as though the appointment in acting capacity has been a probationary appointment.

(Prior code §§ 2215 and 2216)

A. All initial appointments to miscellaneous positions in the classified service shall have a probationary period as provided in this section.

1. All initial appointments to miscellaneous positions shall have a probationary period of six months.

2. All promotional appointments to miscellaneous positions shall have a probationary period of six months.

3. The probationary period for a miscellaneous position may be extended for not more than an additional six-month period as determined by the appointing authority.

4. All initial appointments to public safety positions shall have a probationary period of twelve months; provided, however, that such probationary period may be extended for not more than a six-month period as determined by the appointing authority. Such initial probationary period for public safety positions in the fire department may be reduced by not more than a six-month period as determined by the appointing authority.

5. All promotional appointments to public safety positions shall have a probationary period of not less than six months nor more than twelve months, as determined by the appointing authority and approved by the personnel officer.

B. During the probationary period, the employee may be rejected at any time without right of appeal or hearing. Permanent appointment shall be as provided in this chapter.

(Prior code § 2217)

Any person holding a position or employment included in the classified service on the effective date of this chapter shall maintain and carry forward his classification and status, whether provisional, acting, probationary, permanent or otherwise, and shall thereafter be subject in all respects to the provisions of this amendment.

(Prior code § 2219)

The city council and any other officer in whom is vested the power to appoint may make transfers, promotions, demotions, reinstatements, layoffs, and suspend or dismiss employees.

(Prior code § 2220)

Any person holding a position or employment in the classified service shall be subject to disciplinary suspension without pay by the appointing authority, but such suspension shall not exceed a total of thirty calendar days in any fiscal year.

(Prior code § 2221)

A. Any permanent employee in the classified service against whom action for demotion, dismissal or reduction in pay has been taken, shall be entitled to a written statement of the reasons for such action. The written statement of the reasons for the action shall be furnished to the employee by the appointing authority within three working days if the appointing authority has taken the action. The employee shall have ten days after receiving the written reasons for the action in which to answer in writing. Upon the filing of the answer by the employee with the personnel officer, the appointing authority shall file copies of the written reasons with the personnel officer, who shall transmit them to the commission. The filing of the written reasons and the answer shall constitute a request for hearing and an appeal. The commission shall then conduct a hearing as provided by the chapter.

B. In the event the appointing authority should fail to furnish the employee with a written statement of the reasons for the action within three working days after the action has been taken, the employee shall be reinstated to his position with full and complete rights and no further action shall be taken against him for any acts known or presumably known to appointing authority at the time the action was brought.

C. In the event the employee does not file an answer with the personnel officer and thus request a hearing and appeal before the commission in the manner provided in this section, the action shall become final and the employee shall have no right to request a hearing or appeal except by permission of the commission upon the showing of good and sufficient reason that the failure to request a hearing and appeal was because of some unavoidable circumstance or condition.

D. The provisions of this section shall not apply to reductions in pay which are a part of the general plan to reduce salaries and wages.

(Prior code § 2222)

A. An employee in the classified service assigned to the fire public safety bargaining unit shall have the right to appeal to the commission any disciplinary action, demotion or dismissal. Any other classified employee shall have the right to appeal to the commission a reduction in pay, a suspension, a demotion or a dismissal. In addition, any employee in the classified service may appeal any alleged violation of this chapter or the civil service rules. Notwithstanding this section, no employee shall have the right of appeal to the commission where the right of appeal is otherwise prohibited by this chapter.

B. At all hearings before the commission, the employee shall be entitled to be represented by counsel, to be present personally, and to produce witnesses and evidence on behalf of the employee. All such hearings shall be open to the public only upon the employee's request.

C. On any appeal to the commission, the commission shall make such investigations as it may deem necessary, but the hearings shall be held within twenty days after the request for a hearing is filed by the employee, or an answer if filed as provided by this chapter.

D. No hearing shall be continued for more than ten days without the consent of the employee, and not more than one such continuance shall be had.

E. The proceedings before the commission may be informally conducted and legal rules of evidence need not be observed.

(Ord. 2119 §§ 1—3; prior code § 2223)

A summary of all pertinent testimony taken at the hearing and the names of all persons testifying shall be recorded and made a part of the permanent files of the case, together with the written decision of the commission. Upon completion of the hearing the civil service commission shall within twenty days thereafter render its decision on the matter heard. The determination of the civil service commission shall be final on all matters within its jurisdiction within this chapter except that the city council on its own motion may vote to review any decision of the civil service commission in the manner hereinafter provided. Such determination of the civil service commission shall become effective on the day following the next regularly held meeting of the city council.

(Prior code § 2224)

A. If the city council on its own motion votes to review any decision of the civil service commission, the permanent file of the case shall be transmitted by the personnel officer to the city council.

B. A majority vote of the city council shall be required to review any decision of the civil service commission. The review before the city council shall be upon the permanent file of the civil service commission and shall not be a hearing de novo. A majority vote of the city council shall be sufficient to reverse, modify or amend any determination of the civil service commission or to grant a new hearing before the commission. The determination of the city council affirming, reversing, modifying, in whole or in part, any decision or determination or requirement of the civil service commission shall be final.

(Prior code § 2225)

A. Purpose. The purpose of the provisions of this section is to establish an equitable and reasonable procedure for layoff of employees of the city for economy purposes.

B. Definitions. For the purpose of this section, unless the context clearly otherwise requires, the enumerated words and phrases shall be defined as follows:

1. "Demotion" means the demotion of an employee to a lesser position included within the same family of positions, occasioned by a reduction in force.

2. "Employee" means an employee in the classified service of the city.

3. "Family of positions" means a group of related positions which have been designated as such by resolution of the city council. As part of such designation, the city council shall rank each position in each such family for the purpose of establishing a line of lesser positions for the purpose of the demotion process, where such is ordered to effect a reduction in force.

4. "Length of service" means the total number of years of employee's employment in the classified service of the city, including such time spent in a probationary, provisional or leave status by any such employee; provided, however, that if an employee resigns from employment with the city and is subsequently rehired he or she shall have all time prior to the resignation excluded from the total number of years of employment for purposes of determining length of service under this section.

5. "Lesser position" means a position having a lesser ranking than one or more other positions in a family of positions.

6. "Notice," where notice is required pursuant to the section, shall be in written form, and given by personal service or by depositing the same in the custody of the United States Postal Service, postage prepaid, addressed to the person to be notified at his last known address. Such notice shall be deemed, for all purposes, to have been given as of the time of personal service, or, as of the time of its deposit in the custody of the United States Postal Service.

7. "Position" means a position of employment in the classified service of the city, as defined in Section 2.60.100(B).

C. Reduction in Force. Whenever the city council determines, in its discretion, that for reasons of economy a reduction in the number of employees of the city is required, the city administration shall proceed with such a reduction in force by demotion and/or termination in accordance with the provisions of this section.

D. Demotion.

1. Family of Positions. Where reduction in force involves a position which is included within a family of positions, each employee holding such position shall be ranked, based upon his length of service with the city. The employee holding such position having a lesser length of service shall be demoted to the next lower position within the family of positions. The city manager shall give written notice of such demotion to each employee to be demoted, such order of demotion shall be effective on the thirtieth day after the giving of such notice. If within ten days after the giving of such notice, an employee files with the city manager a written statement declining such demotion, that employee's service with the city shall be terminated effective the thirtieth day after the giving of such notice. Any employee who is demoted pursuant hereto, shall not be subject to further demotion, by a subsequent reduction in force order, for a period of one year after the effective day of such order of demotion.

2. Request for Reassignment. An employee proposed to be demoted pursuant to subsection (D)(1) of this section may request, subject to the approval of the city manager, a reassignment to a lesser position in a family of positions.

3. Positions Not Included Within a Family of Positions. Where an ordered reduction in force involves a position which is not included within a family of positions, if only one employee holds such position, he shall be terminated from the city's service, effective on the thirtieth day after the giving of notice of such termination by the city manager. If more than one employee holds such a position, all employees holding the position shall be ranked based on their length of service with the city; an order of termination shall be given as to the employee or employees having the lesser lengths of service in the position.

4. Salary Determination. An employee affected by subsection D of this section shall be placed in the salary range of the position and the step closest to the salary held in the former position but not in excess thereof.

E. Subsequent Demotion or Termination. Where one or more employees have been demoted from a position within a family of positions, by reason of an ordered reduction in force, other employees holding the lesser positions in such family shall be subject to the same demotion process, upon the direction of the city manager in the time and manner as set forth in subsection D of this section. Where an employee holding a position, which is ranked last in a family of positions, is preempted such position by reason of the demotion process, he shall, upon the thirtieth day after the giving of notice thereof, be terminated from the city's service.

F. Reemployment List. An employee who is demoted to a lesser position, or who is terminated by reason of a reduction in force accomplished pursuant to this section, shall, automatically, have his name placed on a reemployment list for the position which he formerly held. The ranking of names upon such reemployment list shall be in accordance with the employee's length of service with the city in that position. Such reemployment list shall have priority for a period of two years over any other eligibility list for such affected position.

(Prior code § 2226)

No classified service employee, nor any unclassified service employee, of the city shall:

A. Engage in any political activity during such time as that person is required to be engaged in the performance of duties for and on behalf of the city; and

B. No person shall engage in any political activity while wearing a uniform required to be worn by such person while performing duties on behalf of the city.

(Prior code § 2227)

No person in the classified service or seeking admission thereto, shall be employed, promoted, demoted, disciplined or discharged or discriminated against in other terms and conditions of employment or in any way favored or discriminated against because of race, color, creed or religion, sex, national origin, age, physical or mental impairment that substantially limits one or more of the major life activities of the person, or other factors which cannot be lawfully used as a basis for an employment decision.

(Ord. 2118 § 1, 1995: prior code § 2229)

A. The civil service commission shall consider and make recommendations to the city council regarding the extent to which the city would contract for the performance of technical services in connection with the establishment or operation of the civil service system.

B. The council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

1. The preparation of civil service rules and subsequent revisions and amendments thereof;

2. The preparation of a position classification plan and subsequent revisions and amendments thereof;

3. The preparation of a plan of compensation and subsequent revisions and amendments thereof;

4. The preparation, conduct and grading of competitive tests and the certification of employment lists;

5. Special and technical services of advisory or informational character on matters relating to personnel administration.

(Prior code § 2231)

Notwithstanding any provisions of this code, or the civil service rules of the city, to the contrary, any classified employee, who is required to be absent from his position by reason of an injury or disease for which he is entitled to receive compensation pursuant to Section 3201 et seq. of the Labor Code of the state shall be entitled to salary adjustments, sick leave, vacation and seniority rights to the same extent as if he had not been required to be so absent; provided, that any employee who is absent from his position by reason of an injury or disease for which he is entitled to receive such compensation, shall not be entitled to accrue sick leave, vacation or annual leave during such period of time as he is so absent from his position unless otherwise provided in the city's civil service rules.

(Prior code § 2234)

A contract is authorized between the city and the Board of Administration, California State Employees' Retirement System, providing retirement benefits for employees of the city.

(Prior code § 2233)

The provisions of this code relating to hours and days of employment and leave of absence because of overtime shall not apply to the city coordinator or head of any department or division, it being the intention of the city council that such persons shall devote as much time to their employment as may be necessary for the efficient operation of the city government.

(Prior code § 2810)

The duty and/or workweek of all regular full-time employees, including public safety, shall be established by resolution of the city council.

(Prior code § 2811)

General city offices, on days other than those days specified as holidays by annual resolution of the city council, shall be open for business from seven-thirty a.m. to five-thirty p.m., Monday through Thursday.

(Ord. 2153 § 1, 1996: prior code § 2802)

All classified employees who hold full-time probationary, provisional or permanent appointments shall receive compensated holidays during each calendar year as hereinafter provided:

A. Prior to January 1st of each year, the city council shall specify, and adopt by resolution, the holidays to be granted to employees during the calendar year, January 1st through December 31st.

B. Employees shall take holidays on the dates specified in the annual resolution unless their regular work schedule requires them to work holidays. However, a department head requiring an employee to work on a holiday shall, when based on needs of service, assign the employee to work and provide alternate time off or appropriate compensation.

C. Employees who are not covered by the annual leave plan will be credited with an amount of time equal to the scheduled state of California holidays as of January 1st of each year; provided, however, that those persons who are first employed after January 1st shall be credited a prorated portion of the holiday time rounded to the nearest full hour for that year. For the purposes of computing holiday time for such employees, a holiday shall be considered as one fifth of the number of working or duty hours in the established work week rounded to the nearest full hour, or twelve hours for firefighters, fire engineers, and fire captains who work an average of fifty-six hours per week as a result of the standard shift schedule. Holidays so credited may be incorporated in an annual work schedule, be taken at a time convenient to the department, or be paid for the number of hours represented by the holiday.

D. Employees who are covered by the annual leave plan will receive an hourly portion of the observed holidays with their monthly annual leave accrual. Annual leave time may be taken only at times approved by the employee's supervisor.

E. Additional holidays may be established by resolution by the city council as the public interest may require.

(Ord. 2155 §§ 1—3, 1997; Ord. 2074 § 1 (Exh. A), 1993: prior code § 2802.1)

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

(Prior code § 2232)

The violation of any administrative provisions of this code by any officer or employee of the city may be deemed a failure to perform the duties under, or observe the rules and regulations of the department, office or board within the meaning of the civil service ordinances and rules and regulations of the city.

(Prior code § 1202)