Oceanside Municipal Code Art. I In General

Footnotes:

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State Law reference— City to establish a personnel system, Gov. C., § 45001; which officers and employees may be included in a personnel system, Gov. C., § 45002.

Pursuant to the authority granted to the city council by Government Code sections 45000 through 45210 inclusive, the city council adopts this chapter in order to establish a personnel system for employment with the city. The adoption of this chapter shall enable the personnel department to maintain an equitable and uniform procedure for the management of personnel matters and place a number of employments on a merit basis so the best qualified person available shall be brought into the service of the city.

(Ord. No. 90-28, § 1, 7-25-90)

In addition to such other matters as may be necessary and proper to carry out the intent and purpose of this chapter, resolutions concerning rules shall be formulated and shall be adopted by the council establishing specific procedures to govern the following phases of the personnel program as applied to the classified service:

(a) Salary schedule and pay plan;

(b) Position classification plan;

(c) The formulation of minimum standards and qualifications for each class of position;

(d) The public announcement of vacancies and examinations, and the acceptance of applications for employment;

(e) The preparation and conduct of examinations and the establishment and use of employment lists containing the names of persons eligible for appointment;

(f) The certification and appointment of persons from employment lists to fill vacancies, and the making of temporary and emergency appointments;

(g) The evaluation of employees during the probationary period;

(h) The transfer, promotion, demotion and reinstatement of employees;

(i) The separation from the service of employees through layoff, suspension, and dismissal;

(j) The standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;

(k) The maintenance and use of necessary records and forms.

(Ord. No. 90-28, § 1, 7-25-90)

(a) Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be a relevant consideration by the City of Oceanside. The appointing authority may disregard such conviction if it is found and determined that mitigating circumstances exist. In making such determination, the appointing authority shall consider the follow factors:

(1) The position, including its sensitivity, for which the person is applying or being certified, and whether the conviction is related to the position;

(2) The nature and seriousness of the offense;

(3) The length of time elapsed since the conviction;

(4) The age of the person at the time of the conviction;

(5) The presence or absence of rehabilitation or efforts at rehabilitation;

(6) Contributing social or environmental conditions.

(b) The personnel director shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.

(c) An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be presented in the following manner:

(1) The applicant shall present the facts relative to the appeal in writing to the city manager within seven (7) calendar days of the date of the notice of disqualification. The city manager may render a decision solely on the basis of a review of the record or may arrange a meeting with the applicant before rendering a decision on the appeal. The decision shall be rendered within thirty (30) calendar days or receipt of the written appeal by the city manager. The determination of the city manager shall be final.

(d) Pursuant to Penal Code Section 11105, the personnel director of the City of Oceanside is hereby authorized to have access to and to utilize State summary criminal history information as needed to assist the appointing authority in fulfilling the employment duties set forth in this section.

(Ord. No. 90-28, § 1, 7-25-90)

(a) Except as otherwise provided by law, no officer or employee of the city shall engage in any of the following political activities:

(1) Knowingly solicit political funds or contributions, directly or indirectly, from other officers or employees of the city or from persons on the employment lists of the city;

(2) Participate in political activities of any kind while in uniform;

(3) Engage in political activity during working hours; or

(4) In the case of a public safety officer as defined by Government Code Section 3301, no such officer shall engage in political activity while on duty or in uniform, or as otherwise provided by law.

(b) Any knowing or willful violation of the provisions of subsection (a) above, or violation through culpable negligence, shall be sufficient grounds to authorize the discipline or discharge of any officer or employee.

(Ord. No. 90-28, § 1, 7-25-90)

State Law reference— Government Code §§ 3201—3208, and 3302.

No person shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against by the city because of political opinions or affiliations, race, religious belief, national origin, gender, age, or handicapped status. The council may fix minimum and maximum age limits of city police officers and city firefighters.

(Ord. No. 90-28, § 1, 7-25-90)

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

(Ord. No. 90-28, § 1, 7-25-90)

There is hereby created a personnel department which shall consist of a personnel director and other staff as deemed necessary by the city manager and authorized by the city council. The title of the personnel department and personnel department head may be changed from time to time by the city manager; however, the provisions of this chapter shall govern the conduct of any such department and department head granted the personnel function.

(Ord. No. 90-28, § 1, 7-25-90)