Part 16 — MISCELLANEOUS REGULATIONS

A.

The director shall, in cooperation with the appointing authority, establish and maintain a method of rating the performance of employees in positions throughout the classified service. Performance factors that may be considered may include, without limitation, the following: appearance, work habits, dependability, initiative, quality of work, quantity of work, judgment, cost consciousness, safety consciousness, relationships with people, analytic ability, supervisory ability, and administrative ability. Rating of such factors shall be done at such time or times as the director may determine, with the approval of the city manager, but not less than annually.

B.

The service rating or ratings of any such employee may be used by the city manager in any action that he is authorized to take by any other provision of this Code, but shall not be used on promotional examinations.

C.

Each such employee shall be given an opportunity to review any rating assigned to him. Such ratings may also be inspected by an employee's department head, his supervisory personnel, and the appointing authority, but shall not be inspected by any other person except for purposes of inquiry or review, as ordered by the commission.

D.

Any permanent employee (other than a management employee covered by the management performance program) shall have the right to appeal any of the service ratings concerning the employee's performance in a class in which the employee has permanent status. This right of appeal shall not apply to probationary performance ratings. Such appeal shall be made in the first instance to the employee's department head, and if the employee is dissatisfied with the decision of his department head, the employee may request an opportunity to discuss such ratings with the director, and the employee may further, within thirty days from and after the decision of his department head or the discussion, if any, with the director, whichever is later, apply for a hearing by the commission, and the commission shall have jurisdiction to alter or affirm said rating.

(Prior code § 2012.1; Ords. 20912, 21172.)

A.

No employee shall engage in any work, employment or occupation outside his city employment which is detrimental to the service, which prevents or impedes the efficient performance of his duties in his city employment, or which is in any way in conflict with his employment by the city. No employee shall engage in any work, employment or occupation outside his city employment unless and until he shall have notified the city manager of his intention to do so.

B.

If the city manager determines that any work, employment or occupation outside his city position is detrimental to the service, or prevents the efficient performance by an employee of his duties in his city employment, or is in conflict with the city employment of any such employee, then the city manager may impose reasonable conditions or limitations upon any outside work, employment or occupation authorized hereunder, or may order an employee to terminate such outside work, employment or occupation at any time.

C.

Any violation of any provision of this rule may be deemed grounds for discharge or other disciplinary action. Any employee affected by a denial of an outside work permit, or limitations or conditions upon any outside work imposed by the city manager, may appeal such action to the commission whose decision shall be binding. An appeal hereunder must be filed with the civil service commission within ten working days after notice to the employee of the denial of an outside work permit or limitations or conditions imposed on an outside work permit. The secretary of the civil service commission shall send a copy of the appeal to the city manager upon receipt of the appeal.

(Prior code § 2012.3.)

To the extent provisions in a memorandum of agreement entered into by the city and a recognized employee organization conflict with provisions of the civil service rules set forth in Chapter 3.04 of Title 3 of the San José Municipal Code, said memorandum of agreement shall supersede the provisions of said chapter with respect to all employees represented by such recognized employee organization. All other provisions of said chapter shall remain in full force and effect.

(Ord. 23896.)