Monterey Municipal Code Art. 10 Probationary Period and Performance Ratings

The probationary period shall be regarded as part of the testing process and shall be utilized for closely evaluating the employee’s work, for securing the most effective adjustment of the employee to the new position and for rejecting any probationary employee whose performance does not meet the required standards.

All original appointees to positions in any classification shall serve a continuous probationary period of twelve (12) months, except sworn police employees, who shall serve eighteen (18) months. All promotional appointees shall serve a probationary period of six (6) months, except police and fire employees, who shall serve twelve (12) months. Probation shall not apply to employees who are reclassified, re-employed or reinstated. (Ord. 3435 § 1, 2009; Ord. 3425 § 1, 2009)

a.At the request of the department head, the probationary period served by a probationary employee may be extended a corresponding length of time, at the discretion of the Human Resources Director (Ord 3385, 02/07) when such an employee has been absent from work in excess of twenty (20) cumulative workdays during the probationary period.

b.The probationer and the department head shall be advised in writing of any such extension. Such actions shall not be construed as disciplinary nor be subject to the grievance procedure set forth in Rule 15 of these Rules.

c.In the event a probationary employee takes an approved unpaid leave of absence of thirty (30) or more calendar days during his/her probationary period, the Human Resources Director (Ord 3385, 02/07) may, upon the recommendation of the employee’s department head, extend the probationary period for an equivalent period of time.

d.No other cause shall be considered for extending a probationary period.

a.It shall be the responsibility of the probationer’s department head and immediate supervisor to investigate carefully the employee’s adjustment and performance to determine whether or not the employee is qualified for regular status. Such evaluations may be conducted at any time, but must be completed and submitted to the Human Resources Director (Ord 3385; 02/07) at the following intervals:

i.At the fifth month anniversary of employment; and

ii.At the eleventh month anniversary of employment; and

iii.At the seventeenth month anniversary of employment for sworn police employees.

b.The evaluations submitted pursuant to paragraph a., above, shall include the department head’s recommendation regarding retention. In all cases, the department’s evaluations shall be discussed with the employee by the department head or authorized representative. (Ord. 3435 § 2, 2009; Ord. 3425 § 2, 2009)

During the probationary period, an appointee may be rejected at any time by the City Manager or designated representative without cause and without right of appeal.

a.New Hires rejected during probation shall be released from City employment. Notice of release shall be served in writing to the probationer.

b.Employees not successfully passing a promotional probation or voluntarily requesting not to be promoted during the probation process shall be returned to their previously held position without notice or hearing, provided a vacancy exists in the classification. If a vacancy does not exist, the employee may bump a less senior employee in accordance with appropriate provisions of Rule 13.03 Layoff. If the cause for not passing probation was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. Such dismissal shall be subject to the provisions of Rule 14 Disciplinary Procedures.

a.Any City employee shall be eligible to participate in a promotional examination during their probationary period subject to the following conditions:

1.If the employee is serving an original probation, the employee cannot be certified for promotional consideration or appointment to a vacancy until the employee has completed his/her original probation. An original probation shall be that probationary period that an employee must serve prior to achieving Regular status for the first time in the classified service of the City.

2.An employee who is serving a probationary period other than an original probation may be certified and appointed from a promotional list prior to completing his/her probation.

b.An employee may be appointed from an open competitive list to a vacancy for which the list is applicable during any probationary period. Ord 3273, 1/00

a.Performance evaluations shall be completed by the department head or authorized representative and submitted to the Human Resources Director (Ord 3385; 02/07) in conjunction with department review of employee eligibility for merit step increases pursuant to Section 5.05 of these Rules. Such reports shall be submitted within fifteen (15) days of the employee’s pay anniversary date in accordance with Section 2.02.

b.The department head shall also be responsible for conducting annual evaluations of all personnel having regular status. Such evaluations shall be completed and submitted before the pay anniversary date of the individual employee or at such other time fixed by the City Manager or designee.

c.Employees are to receive a copy of all comments made in their evaluations. Employees have the right to discuss their evaluation with their supervisor and to submit a written response which will be filed with the employee’s evaluation.