Oceanside Municipal Code Art. IV Suspension, Discharge, Reduction in Personnel, Etc

Whenever in the judgment of the city council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the city manager may make reductions in personnel in the classified service and lay off the employees holding such positions or employment.

(Ord. No. 90-28, § 1, 7-25-90)

The seniority rule shall be observed in any reduction of classified personnel as provided for in section 23.32. Seniority shall be computed as follows: First, by classification according to the length of continuous service in a class, or an equal or higher ranking class in the same class series; second, according to the length of continuous service in the department; and third, according to other factors as determined by the City of Oceanside Personnel Rules and Regulations.

Employees shall be laid off by classification in the reverse order of seniority, with temporary, then probationary employees being laid off before permanent employees in the classified service.

(Ord. No. 90-28, § 1, 7-25-90; Ord. No. 91-27, § 1, 6-5-91)

Should such position or employment in the classified service as mentioned in section 23.33 or any position involving all or any of the same duties be reinstated or created within one year, the employees laid off shall be eligible to be appointed thereto in preference to any other qualified person on the eligible list for such position.

(Ord. No. 90-28, § 1, 7-25-90)

The power to discipline city employees shall be exercised as follows:

(a) By department directors as to employees of their respective departments.

(b) By the city manager as to any employee pursuant to section 2.10 of this Code, except those appointed specifically by the council or employed in the city attorney's office.

(c) By the city attorney as to any employee in the city attorney's office.

(Ord. No. 90-28, § 1, 7-25-90)

Any person employed in the classified service shall be subject to reprimand, suspension without pay, demotion or discharge for misconduct, incompetence, inefficiency, failure to inability to satisfactorily perform assigned duties or to observe any rule or regulation appertaining to his/her office or employment.

(Ord. No. 90-28, § 1, 7-25-90)

(a) All department directors may be subject to reprimand, suspension without pay, demotion or discharge at the discretion of the city manager except the city attorney and any other positions excepted by law.

(b) All other unclassified personnel may be subject to reprimand, suspension without pay, demotion or discharge at the discretion of the appointing authority.

(Ord. No. 90-28, § 1, 7-25-90)

Grievances of discipline shall be governed by the applicable provisions of the agreement or compensation plan governing that employment.

(Ord. No. 90-28, § 1, 7-25-90)

The provisions of this article relative to suspension, demotion and discharge shall not apply to reduction in pay or salaries which are a part of a general economy plan on the part of the city or as a part of a general curtailment program.

(Ord. No. 90-28, § 1, 7-25-90)