Chapter 3.01 — GENERAL ADMINISTRATION

It is the purpose of the city to establish and maintain an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the fair and equitable administration of a comprehensive personnel program. To this extent, the following rules and regulations reflect the principles and standards of the city’s merit system of employment.

The objective of these rules and regulations is to facilitate efficient, effective and economical service to the public. These rules set forth those policies and procedures which ensure similar treatment for those who compete for original and promotional employment, and define certain obligations, rights, privileges, benefits, and prohibitions which are placed upon employees in the service of the city.

The city council and citizens of the city have the right to expect that the city will employ the best qualified persons available, that the tenure of every city employee will be based on a demonstrated need for the work performed, availability of funds, faithful and effective performance, proper personal conduct, and continuing fitness of the employee, and that each employee will be encouraged, trained and developed to assure optimum performance.

Employees of the city have the right to expect that they will be fully informed of their duties and responsibilities, that they will be provided with adequate administrative and supervisory direction, that they will be informed of how well they are performing their duties and level of performance, that promotions will be made on the basis of required ability and other measures of fitness, that incompetence will not be tolerated, and that no employee will be subject to suspension, demotion, dismissal or other disciplinary action without just cause or due process. (Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)

The city manager shall administer the city personnel system and may delegate any of the responsibilities and authorities to the human resources director (the “director”) or another designee. The city manager or designee shall:

• A. Interpret and administer all provisions of this title and all related ordinances, resolutions, policies and procedures concerning personnel matters of the city;

• B. Prepare and recommend to the city council personnel rules including revision and amendments to such rules;

• C. Prepare or cause to be prepared a position classification plan including class specifications, a compensation plan, and recommended revisions of the plans;

• D. Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving and evaluation of applications therefor, the conducting and grading of tests, the certification to the appointing authority of a list of persons eligible for appointment to the appropriate position in the competitive service, and the performance of any other duty that may be required to administer the personnel system.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)

Employees shall not be discharged, demoted, harassed, discriminated against, or otherwise retaliated against in their terms and conditions of employment for any of the following: (1) reporting violations of these personnel rules or an adopted city administrative regulation; (2) reporting health and safety hazards to the city or other governmental agencies; (3) filing complaints of harassment or discrimination whether suffered by the employee or another person; (4) participating in an employment harassment or discrimination proceeding, such as an investigation or lawsuit; and (5) reporting incidents of violence in the workplace. (Ord. 5013 § 2, 2012)

It is the intention of these rules, to provide for a merit system of employment as required by the Charter of the city. These rules are intended to provide:

• A. For the classification of all positions in the classified service;

• B. For open, free and competitive examinations to test the relative fitness of applicants for such positions, and for reasonable publication and public advertisement of all examinations and for promotion based upon competitive examinations or records of efficiency, character, conduct and seniority, or upon examination and record;

• C. For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing on the examination and for the certification of those on the appropriate list to the city manager or department heads for appointment to fill vacancies and for the manner in which appointments shall be made from such list;

• D. For the period of time in which eligible lists shall continue in effect;

• E. For a period of probation not to exceed one year, both on original and promotional appointments, before the appointment is made permanent, during which time, in the case of an original appointment, the probationer may be discharged or, in the case of a promotion, returned to a position of the employee’s former classification by the head of the department or office in which employed; provided, however, that no period of absence from work, leave or limited duty assignment shall be credited toward completion of the probationary period, nor shall any overtime or additional work beyond normal working hours be credited towards completion of the probationary period;

• F. For the rejection of candidates of eligibility who fail to comply with a bona fide occupational qualification in regard to age or sex; or who fail to comply with a qualification standard which is job-related and consistent with business necessity; or who have been convicted of a crime which adversely affects their qualification for the position applied for; or who have attempted any deception or fraud in connection with an examination for employment by the city;

• G. For the employment without examination of provisional employees, in cases of emergency pending appointment from an eligible list, but no such provisional employment shall continue for more than 30 days after the establishment of an eligible list for the position held, and in no event for more than 90 days;

• H. For transfer from one position to a similar position in the same class and grade, for reinstatement after resignation or layoff;

• I. For the discipline of employees by suspension, demotion, discharge or other actions not inconsistent with the provisions of this title;

• J. For the certification to the chief finance officer of the city of names and classifications of all persons legally employed in the city service, without which certifications this officer shall not authorize the issuance of salary paychecks;

• K. For the regulation of, among other things, compensation, hours, leaves, training, safety, employee evaluations, separation from service, employee activities, employee relations, and grievances;

• L. For the regulation of the city personnel system not directly related to the merit system of employment and not defined as personnel rules by the City Charter.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)

The provisions of these personnel rules shall apply to all persons employed in the classified service of the city except as otherwise expressly provided for or modified in the Memorandum of Understanding (MOU) for each respective bargaining unit and in the Terms, Conditions, and Understanding resolution for the unrepresented units. These rules apply to unclassified employees only where specifically indicated. All employees are in the classified service, except unclassified employees who shall consist of those persons occupying the following positions or conditional employments in city service:

• A. Unclassified Non-Employees.

  1. Elected officers (city council) and appointed members of boards, commissions and committees;

  2. Persons engaged under contract to supply expert, technical, professional or any other service, as provided by City Charter.

• B. Unclassified Employees.

  1. The city manager, assistant city managers, the city attorney, all attorneys employed in the office of the city attorney, all department heads, and all persons holding an assistant department head position who were hired or promoted to that position after March 5, 2014, and all deputy city managers hired or promoted to that position after January 1, 2016;

  2. Persons employed for a limited term in a capacity to conduct or complete a special inquiry, investigation, examination or project, not to exceed 36 months full-time employment or equivalent without a break of at least three months;

  3. Persons employed for a temporary, seasonal or special purpose not to exceed 1,500 hours in a fiscal year;

  4. Reserve police officers. Unclassified employees shall be employed at the discretion and will of the city pursuant to the City Charter. The city manager shall determine policy and conditions of unclassified employment.

(Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012; Ord. 5296 § 1, 2014; Ord. 5462 § 1, 2015; Ord. 5674 § 2, 2016)

Personnel rules shall be adopted and/or amended by ordinance of the city council upon review and recommendation of the personnel board in accordance with the City Charter. Upon amendment, revised personnel rules shall be distributed to affected employee organizations and posted on official bulletin boards for a period of at least 10 calendar days. (Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)

• A. Each employee is responsible for knowledge of and compliance with these rules. Violation of these rules may be grounds for rejection of application, removal from an employment list, dismissal or other disciplinary action deemed appropriate to the nature of the violation.

• B. Designated employee organization representatives shall be charged with notice of these rules and will be expected to conduct business with the city, in a manner permitting matters to proceed according to these rules.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)

The director shall be responsible for producing the forms required to comply with these rules, and furnishing such forms to all departments as needed. The director shall also ensure the maintenance of a file of personnel records relating to each active position in city service.

• A. Personnel Transaction Form. Every appointment, transfer, promotion, demotion, change of salary rate, termination, and any other change in employment status shall be reported in writing to the director in a manner prescribed by the director. Such notification shall be made no later than one week before the end of the payroll period affected by the change, otherwise the change may not be made until the next pay period.

• B. Review of Personnel Files by Employees Other than Public Safety Officers. Employees may, upon reasonable advance notice, inspect their personnel files in accordance with Section 1198.5 of the California Labor Code, as such section may be amended from time to time, at any reasonable time during office hours, but such records may not be reproduced, removed or altered without the consent of the director or unless required by law.

• C. Review of Personnel Files by Public Safety Officers. Public safety officers may, upon reasonable advance notice, inspect their personnel files in accordance with Section 3306.5 of the California Government Code, as such section may be amended from time to time, at any reasonable time during office hours, but such records may not be reproduced, removed or altered without the consent of the director or unless required by law.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 2, 2012)

The separate departments of the city may develop, implement, and revise as necessary any policies, procedures, and regulations pertaining to unique operation requirements and their effect upon departmental personnel as are needed in the full performance of duties and responsibilities. Such policies, procedures and regulations shall not conflict with these rules or other related city ordinances, resolutions, regulations, amendments, or MOUs thereto. Where conflicts arise, city personnel rules, regulations, policies, procedures, and MOUs shall prevail. (Ord. 5013 § 2, 2012)

CHAPTER 3.02 CLASSIFICATION

The director shall ascertain and record the duties, responsibilities and employment standards of all positions in classified and unclassified employment, and shall recommend to the city council a classification plan for such positions. The classification plan so developed shall group positions in the city service into classes, as defined by written class specifications. Each class specification shall outline the main characteristics and qualification requirements of positions allocated to the class, and give examples of duties which employees holding such positions may properly be required to perform. The class specification is descriptive and explanatory, but not restrictive. The listing of particular examples of duties does not preclude the assignment of other tasks and duties. The statement of desirable qualifications in a class specification is intended to be used as a guide in selecting candidates for employment, as an aid in the preparation of competitive examinations, and in determining the relative value of positions in one class with positions in other classes.

Each class shall include those positions sufficiently similar with respect to their duties and responsibilities so that similar requirements as to training, experience, knowledge, skills, and abilities may apply.

(Ord. 3213 § 1, 1998; Ord. 5013 § 3, 2012)

After review of the classification plan by the city council, the plan shall be adopted, and may be amended from time to time by the city council. At the time of city council review, any interested or affected person may appear and be heard. Notice of city council consideration of the proposed classification plan, amendments, or revisions shall be given to recognized employee organizations at least five calendar days prior to council consideration. (Ord. 3213 § 1, 1998; Ord. 5013 § 3, 2012)

Following the adoption of the classification plan, the director shall allocate every position in the classified service to one of the classes established by the plan. However, the classification plan may contain classes to which there is no current allocation of positions in order to provide for future organizational growth or changes in organizational structure. Likewise, obsolete classifications may be deleted from the plan.

(Ord. 3213 § 1, 1998; Ord. 5013 § 3, 2012)

• A. New positions may be authorized by the city council and added to the classification plan. However, no new position may be filled without the authorization of the city manager who, in so doing, shall determine that sufficient funds are available. When a new position is created, the department head must obtain the city manager’s approval to fill the position via the director. The director shall then notify the department head as to the approval and method of filling said position. Except as provided by these rules, or otherwise, no person shall be appointed or employed to fill any new position until the classification plan has been amended by the city council.

• B. For management positions only, upon written receipt of a management employee’s irrevocable resignation and/or retirement notice, which shall include a final date of employment with the city, and after written acceptance from the director, a new position may be administratively created by the city manager for purposes of receiving transitional training from the existing resigning and/or retiring incumbent to the respective newly hired or promoted management employee. The limited use and purpose of this subsection is to provide for transitional training for specialized, highly skilled, and/or experienced management-level employee transitions where, based on the nature of the position, it is in the city’s best interest for the incumbent to provide institutional and operational positionspecific knowledge to the incoming employee to ensure the most efficient and effective transition between the two.

The limited authority herein described is delegated to the city manager from the city council and no change to the classification plan will be required in the creation of the type of position described in this subsection. Prior to approval of the position by the city manager, the requesting department head must identify the source of funding for the transitional training position. The department head must obtain the city manager’s approval to fill the position, which shall require approval from the director. The director shall notify the department head as to the approval and method of filling said position.

In no event shall both the incumbent position and the new position – which shall be identical positions, including all job duties, specifications, terms, benefits, pay and probationary period (subject to applicable salary range, e.g. new employee Salary Range B) – be filled for a period exceeding six months. Accordingly, the new position shall not be filled unless and until the incumbent position, based on the written notice and acceptance of the irrevocable resignation and/or retirement, has six or fewer months of remaining employment.

Upon separation from city service by the incumbent, the incumbent’s position shall, consistent with the authority herein delegated from the city council to the city manager, cease to exist, leaving only the number of positions allocated to the subject classification pursuant to the classification plan. Nothing herein shall cause the ultimate number of positions allocated to a classification to change.

(Ord. 3213 § 1, 1998; Ord. 5013 § 3, 2012; Ord. 5847 § 1, 2017)

Positions whose duties and responsibilities have changed so as to depart significantly from an assigned class description, or positions which have been structurally affected by organizational changes may be authorized by the city manager for reclassification study. Such requests for study may be initiated by department heads, the director, the city manager, the personnel board or city council.

Upon approval of the reclassification study, the person studying the position may in the course of such study consult with the affected employee, the employee’s supervisor and department head, and gather any other information pertinent to issues related to the study. Upon completion of the study, a report of the analysis and findings shall be submitted and recommendations made to the city manager who shall determine the disposition of the study. Recommendations on such study results may be submitted to the city council for approval of reclassification and any related compensation issues. Should such a reclassification study involve the creation of a new classification, the council may approve the study results pending final review and approval of any new classification by the city council. Upon reclassification of a position to a class that has a higher maximum salary rate than the previous class, the director shall determine whether the incumbent meets the requirements of the new class. If so, the incumbent may be allocated to the new class. If the incumbent does not meet requirements of the new class, the director shall determine the method and means of filling the position.

Reclassification shall not be used for the purpose of promotions or disciplinary demotions. (Ord. 3213 § 1, 1998; Ord. 5013 § 3, 2012)

CHAPTER 3.03 EQUAL EMPLOYMENT OPPORTUNITY

It is the policy of the city council to create an environment in which all people regardless of race, creed, color, national origin, ancestry, age, sex (including pregnancy), disability, medical condition, genetic information, sexual orientation, marital status, political or religious affiliation, or other status protected by state or federal laws regarding discrimination (collectively hereinafter “protected characteristics”), may work without discrimination.

The city recognizes the need to adopt, implement, and maintain policies, to ensure the achievement of equal employment opportunity (“EEO”) as a means of reinforcing the principles of a merit system of employment, whereby employment decisions are made equally with regard to all persons on the basis of open competition and advancement according to relative ability.

To achieve these goals and objectives, the city’s EEO policies require that:

• A. In establishing qualifications for employment in the classified service, no provision or requirement shall be adopted which would be discriminatory on the basis of protected characteristics, except where a bona fide occupational qualification, or qualification standard which is job-related and consistent with business necessity, exists.

• B. No questions in any examination, application form, or other personnel proceeding, shall be so framed as to elicit information concerning protected characteristics from an applicant, eligible candidate or employee.

• C. No appointment to, or removal from a position in the classified service shall be affected in any manner by the person’s protected characteristics; and further that it shall be the responsibility of all employees to abide by and carry out the provisions of the city’s EEO policies.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)

It is prohibited for any employee of the city to refuse to hire, train, promote, or provide equitable employment conditions (including compensation) to any employee or applicant, or to discipline or dismiss an employee in whole or part on the basis of such person’s protected characteristics, except where the doctrine of business necessity or a bona fide occupational qualification can reasonably be established by the city manager.

It shall further be prohibited for an employee, contractor, or agent of the city to engage in conduct which interferes with a person’s work or work environment through unwelcome, offensive or harassing behavior based on the person’s protected characteristics. (Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)

Nothing in this chapter limits the city’s authority to reasonably regulate nepotism standards and work place relationships for reasons of supervision, safety, security or morale. (Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)

• A. Equal Employment Opportunity Officer. The director will serve as the EEO officer for the city and shall have primary responsibility for administration of the policies to include, but not be limited to, the following:

  1. Develop and recommend policies, programs, and procedures to implement the city’s equal employment action objectives set forth by policy and resolution as well as by all applicable laws and legal decisions;

  2. Develop and utilize recruitment sources which would provide information of city employment opportunities to all sectors of the available labor market;

  3. Represent the city in meetings with enforcement agencies in addition to coordinating efforts toward equal employment opportunity with minority organizations and similar community action groups;

  4. Investigate equal opportunity complaints, including those raised within the structural organization of the city or through state or federal channels;

  5. Develop and assure compliance with approved testing methods and techniques which meet current standards;

  6. Measure the effectiveness of the EEO policies and indicate the need for remedial action;

  7. Maintain and report all information legally required for the advancement of the EEO policies, including EEO reports, employment statistics, and hiring data;

  8. Conduct periodic reviews of the EEO policies for the purpose of reevaluation and appropriate updating;

  9. Assure the dissemination of the city’s EEO policies.

• B. Management and Supervisory Personnel.

  1. Department heads are responsible for compliance with and oversight of the EEO policies in their respective departments.

  2. Management and supervisory personnel are to assist in the auditing and evaluation of hiring and promotional patterns, to cooperate in the development of job-related test standards, to be responsible for making employment decisions that are consistent with the objectives of the EEO policies, and to ensure that all contracts for services bear an equal employment opportunity clause.

• C. All Employees. Employees of the city, regardless of employment status or type, will be responsible for maintaining a work environment consistent with principles of nondiscrimination.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)

• A. Internal Dissemination of Policies. The following steps will be taken to ensure a city-wide dissemination of the EEO policies:

  1. The EEO officer shall distribute to employees and any requesting parties a copy of the city’s EEO policies, and copies shall be posted on all official bulletin boards. Copies of the policies shall also be available in each department.

  2. The EEO officer shall conduct meetings with management and supervisory personnel at least annually, in order to keep them abreast of the progress and challenges of the EEO policies.

  3. Department heads will conduct at least one staff meeting each year to assure that the objectives of the policies are communicated and applied to employees at all levels.

  4. The city will enlist the cooperation of employee organizations in the furtherance of the EEO policies, and include nondiscrimination clauses in all memoranda of understanding.

• B. External Dissemination of Policies. In order to ensure that applicants for employment, officials of state and federal agencies, contractors, and others are aware that the city is an equal opportunity employer, and of its official policies on equal employment opportunity, the following steps will be taken:

  1. Recruiting sources targeting minorities, women and the disabled will be used to assure notification of the city’s EEO efforts.

  2. An equal employment opportunity clause will be included in all job announcements, contracts and similar public documents.

  3. Applications for employment shall bear the notice “An Equal Opportunity Employer.”

  4. All existing and prospective employees will be informed of the existence of the city’s EEO policies and will be availed of such materials as will enable them to learn about the policies.

• C. Job Specifications. Job specifications shall be maintained current in terms of the relationship between duties and responsibilities to requisite minimum employment standards. Where such standards are found to represent an artificial barrier, the standards will either be eliminated or altered to reflect appropriate levels of required skills, knowledge and abilities. Job specifications shall be updated at regular intervals, but not less than every five years.

• D. Employment Applications. All applications to be completed shall be written in compliance with established standards of lawful employment inquiry, and shall include a confidential form containing questions to assure compliance with the EEO policies.

• E. Recruitment. Ads and notices of job vacancies prepared from current job specifications shall be made available to the widest variety of applicants through use of appropriate and reasonable communication media, local bulletin boards, and related organizations which have knowledge of interested candidates. Notice for professional positions may be distributed inside and outside the local area and sent to other public agencies. Notations of “Equal Opportunity Employer” shall be shown on all job announcements.

• F. Testing. Testing of all candidates shall be done in the same manner, until candidates are either placed on an eligibility list or disqualified for not meeting specified requirements.

All tests must be job related and shall consist of, but not be limited to, at least two of the following: written test, oral interview, oral examination, agility or skills test, background check, physical examination, and any other test measure deemed appropriate by the director.

• G. Selection Procedures. Selection and placement procedures shall be nondiscriminatory, with selection made from the names certified to the department head by the director. All names certified shall be from a current employment list legally established for the position being filled in accordance with these rules.

• H. Orientation of New Employees. All employees shall be given an orientation upon commencement of employment with the city. The purpose of such orientation is to furnish each employee with information relating to the city personnel rules and regulations, job opportunities, and employment conditions, and to offer an opportunity for questions, answers, and general discussion of individual concerns.

• I. Training Practices. All employees shall be given equal opportunities to participate in approved training programs which will enable them to do assigned jobs more efficiently and/or to prepare for promotions.

• J. Transfers and Promotions. All transfers and promotions shall be processed according to these rules without discrimination, providing every qualified employee equal opportunity to compete for available positions.

• K. Termination and Layoff Procedures. Each appointing authority shall follow these rules and regulations to process terminations and layoffs to ensure fairness and nondiscrimination to any employee involved in a layoff or termination.

• L. Employee Salary and Benefits. Equal salary and benefits shall be accorded all classified employees in the same classification. Annual review of salary and benefits shall be made by classification to assure that discrimination is not practiced.

• (Ord. 3213 § 1, 1998; Ord. 5013 § 4, 2012)