Monterey Municipal Code Art. 2 Definition of Terms

The assignment of a position to its proper job classification in accordance with its duties and levels of responsibility.

For the purpose of salary administration and performance evaluations, each employee shall have an Anniversary Date which shall be determined as herein provided.

a.The Anniversary Date for a new employee shall be one (1) year from the first day of the pay period following the first day of employment in a regular position. If a new employee begins work on the first day of a pay period, then the Anniversary Date shall be one (1) year from this date.

b.The Anniversary Date for an employee who is promoted shall be one (1) year from the first day of the pay period following the first day of the promotion. If the employee is promoted on the first day of the pay period, the Anniversary Date shall be one (1) year from this date.

c.The Anniversary Date for an employee who is demoted shall be one (1) year from the first pay period following the first day of demotion. If the employee is demoted on the first day of a pay period, the Anniversary Date shall be one (1) year from this date.

d.In each of the provisions above, all subsequent Anniversary Dates shall occur annually from the Anniversary Date established by the appropriate application of the above provision.

The offer and acceptance of a position in the Classified Service pursuant to Rule 9 of these Regulations.

a. Original.The initial appointment of an employee to a position in the Classified Service.

b. Promotional.A subsequent appointment of an employee to a position in a higher classification in the Classified Service.

c. Temporary.The appointment of an eligible candidate or, where no employment list exists, a qualified person to fill a position in the Classified Service for a limited period of time.

An applicant accepted for participation in the examination process.

The submission of names of eligible candidates from an appropriate list or lists to a department head by the Human Resources Director (Ord. 3385, 2007)

A group of positions having duties and levels of responsibility sufficiently similar that the same job title, examples of duties, minimum qualifications, methods of selection and compensation may be applied.

The official description of a job classification including: the title; a statement of duties and levels of responsibility; and standards of employment, such as desired or required training, experience, licenses, registrations, knowledge, skills and abilities.

The Classified Service shall consist of all employees who have been appointed to regular full-time or regular part-time positions except:

a.The City Manager.

b.The City Attorney.

c.The Library Director.

d.All other positions designated as Executive Management in the City’s annual salary schedule.

e.All elected officials and members of appointed boards, commissions and committees.

f.All temporary personnel whether employed directly by the City or retained under contract for services, except as provided in the contract for services.

g.All volunteer personnel. (Ord. 3653 § 7, 2022)

The arrangement of positions in classes, together with the title for and specifications describing each classification.

Calendar days unless otherwise indicated.

A change of status of an employee from a position in one classification to a position in another carrying a lower maximum rate of pay; or an action entailing a reduction in the salary step assigned an employee for disciplinary purposes.

The following are, for purposes of definition, the department heads for the City of Monterey

a.City Manager.

b.Assistant City Manager.

c.City Attorney.

d.Finance Director.

e.Fire Chief.

f.Library Director.

g.Parks and Recreation Director.

h.Human Resources Director. (Ord. 3385, 2007)

i.Police Chief.

j.Community Development Director.

k.Public Works Director. (Ord. 3653 § 8, 2022; Ord. 3585 § 4, 2018; Ord. 3472 § 14, 2012; Ord. 3424 § 1, 2009)

Removal of an employee from City employment.

Any person on an open competitive or promotional employment list for a given classification who meets all published requirements.

The employment date shall be the date of hire under original appointment to a position in the Classified Service. Irrespective of subsequent personnel transactions which affect an employee’s pay status, the employment date shall remain unchanged and be controlling for purposes of establishing total time in the Classified Service and for establishing eligibility for service-related benefits such as vacation or sick leaves. Any time served as a temporary or regular part-time employee shall not be credited for service-related benefits such as vacation and sick leaves.

a.Open competitive - a list of candidates who have qualified in an examination open to all applicants who have met minimum qualifications for the position and are eligible for appointment.

b.Promotional - a list of candidates who have qualified in an examination open only to City employees and who are eligible for appointment.

c.Reemployment - a list of former employees who have been laid off and who are eligible for appointment in accordance with Section 8.03 of these Rules.

d.Reinstatement - a list of former employees who have resigned in good standing or have failed a promotional probation and who are eligible for appointment in their formerly held classification in accordance with Section 8.04 or Sections 10.05 & 10.06 of these Rules.

All personnel excluded from the Classified Service shall comprise the Exempt Service. See the definition of Classified Service.

Family members shall include spouse, former spouse, grandparent, grandchild, parent, child, adopted child, brother, sister, aunt, uncle, first cousin, niece, and nephew, and all of the above including in-law and step relationships.

Separation from employment due to lack of work, funds or need.

Permission to be absent from duty for a specified purpose, with the right to return before or upon the expiration of the leave period.

An employee working in excess of 1,000 hours per fiscal year, subject to employment contract.

An employee is in a pay status for purposes of these Rules when the employee receives pay for a work period whether worked or not by the employee.

Chapter 25 of the Monterey City Code which creates a personnel system for the City, and all amendments thereto.

A combination of duties as defined by the City’s classification system and authorized by the City’s budget.

The prevailing rate of pay refers to the employee’s regular rate of pay at the time it was earned.

An employee whose regular status under an original or promotional appointment is contingent upon successful completion of a prescribed period of evaluation to determine final selection as a regular employee.

A prescribed period of time under an original or promotional appointment where the employee’s performance is observed to determine final selection as a regular employee.

Advancement from a position in one classification to a position in another carrying a higher maximum rate of pay.

A change of status of an employee from a position in one classification to a position in another carrying an equal or lower maximum pay, or an act entailing a reduction in salary step assigned an employee for other than disciplinary purposes.

A list of laid-off employees or employees reassigned to a lower classification in lieu of layoff who are eligible for reemployment in the employee’s former classification, subject to the terms and conditions governing the use of such lists as set forth in Section 13.03 of these Rules.

An employee who has completed the prescribed probationary period for the classification.

An employee who has completed the prescribed probationary period for their classification and works between 1,000 and 1,560 hours per fiscal year. With the written approval of the City Manager, or his/her designee, the maximum hours worked in a fiscal year may be increased to 1800 hours. Such approval shall automatically expire at the end of the fiscal year within which the original approval is granted. Regular part-time employees shall be eligible for those benefits required by applicable state and federal law and to participate in the appropriate City retirement system. Regular Part-time Employees shall also be eligible for those benefits adopted by City Resolution. (Ord. 3391, 2007; Ord. 3280 § 1, 2000)

The regular rate of pay consists of an employee’s base salary, plus education incentive pay, if applicable. It may also contain additional salary if the individual is working out of class or receiving a differential for a special assignment.

A list of regular employees who resign in good standing and who, at the employee’s request, are placed on a reinstatement list for reemployment in the employee’s former classification. The terms and conditions governing reinstatement of former employees shall be subject to the provisions of Section 11.03 of these Rules.

Seniority for purposes of determining priority for leave assignments shall be defined by classification with superior classifications superseding subordinate classifications and shall be determined by time served within the classification. In this case, an employee with longer continuous employment in a pay status within the classification shall receive priority for leave assignments over an employee with less continuous employment in a pay status.

Any involuntary absence imposed for disciplinary purposes or pending investigation of charges.

An employee who works no more than 1,000 hours in the fiscal year and who is eligible only for those benefits required by applicable state and federal law.

An employee retained to work a defined, fixed term, established by an employment contract, and who is eligible for only those benefits defined by contract.

A change between positions within the same classification or a similar classification carrying the same maximum rate of pay.

Any unfilled position in the Classified Service.

The voluntary relinquishment by an eligible candidate of the right to consideration for appointment to a specific position.

Working days, as used in these rules, shall be defined as the days of scheduled work for an employee using the employee’s usual and customary work schedule.

The process by which an employee’s rate of pay is frozen at a pay step/range until future adjustments exceed either the current pay step/range or other pay step/range determined by the City Manager.

The calendar year unless otherwise indicated.

Words used in the masculine gender include the feminine.