Shasta Lake Municipal Code Ch. 2.40 Personnel System

Editor's note— Ord. No. 17-254, § 1, adopted Jan. 3, 2017, repealed §§ 2.40.010, 2.40.120, 2.40.190—2.40.260, and 2.40.280, which pertained to purpose and general provisions; layoff and reinstatement; military leave; jury duty; expense allowance; payroll deductions; physical examinations; outside employment; and training and derived from Ord. 99-113 § 2; Ord. 95-61 §§ 1, 12, 19, 20, 23—26, 28.

A. The city manager shall be responsible for recommending to the city council for its approval wage rates and salary schedules for each job class. These wage rates and salary schedules shall be authorized at the adoption of the fiscal budget. The wage rate or salary schedule for each class shall be such as to reflect fairly the similarities and differences in levels of duties, authority, responsibilities, and shall be related to compensation for comparable positions in public employment in the appropriate labor market, and the city's ability to fund these amounts.

B. Each job class shall be assigned to a wage schedule in a uniform pay plan developed by the city manager. Such assignment to a wage schedule shall be accepted by the city council by the adoption of the fiscal budget.

C. Wage schedules for all job classes shall be reviewed by the city manager from time to time, and if such wage reviews indicate that there should be wage adjustments, the city manager shall make his or her recommendation in accordance with the provisions of Section 2.40.030(B) of these policies.

(Ord. 95-61 § 3)

A. The uniform pay plan adopted by the city council shall be the official document to be utilized when determining appropriate changes in the assignment of employees' salary steps.

B. Assignment of a higher step may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of his or her duties. Such a salary increase is not automatic, and shall require the specific recommendation of the employee's department head and certification of the city manager.

1. The effective date of any salary step increase shall be determined by the city council upon the recommendation noted in subsection B of this section.

2. An employee not recommended for a salary step increase may be reconsidered for such an increase at any subsequent time.

(Ord. 95-61 § 4)

The salary for the city manager shall be established by the city council.

(Ord. 95-61 § 5)

A. Appointments to vacant positions shall be based on merit and fitness, and may be determined by competitive examinations and/or evaluations. Minimum standards of employment for each job class shall be established by the city manager.

B. Vacancies in positions above the entrance level may be filled by promotion whenever one or more qualified candidates are available. Promotions shall be on a competitive basis, except when the city manager finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidates' qualifications and record of performance.

1. Advancement to a job class which is compensated at a higher rate shall constitute a promotion.

C. Examinations, if any, for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, and shall not include any inquiry into the religious or political beliefs or affiliations, membership in or attitude toward any employee organization, ethnic or geographical origin, or race of any candidate.

D. When a recommendation has been made to fill a vacancy, the appropriate department head shall submit to the city manager the name and the desired employment date of the candidate so recommended. Final selection to such position shall be made by the city manager.

E. Any appointment or promotion to a department head position shall be made by the city manager.

F. Appointment to the position of city manager shall be made by the city council.

G. The city may retain, employ or otherwise contract with intern, temporary, interim or other short term personnel or professional, paraprofessional, expert, or contract personnel or businesses or services at any time for any purpose.

(Ord. 95-61 § 8)

A. If an employee takes a voluntary demotion as a result of a downward reclassification of his or her position, his or her salary step status shall be in accordance with the provisions of Section 2.40.020 of this chapter.

B. An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the department head under whom the employee will serve and the city manager. An employee taking such a voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He or she shall be given a new anniversary date for purposes of merit pay increase in accordance with the provisions of Section 2.40.040 of this chapter.

(Ord. 95-61 § 13)

A. Regular or probationary employees who are unable to work in the field because of inclement weather or other similar causes will receive pay for the full day, provided they have reported for duty. After reporting for duty, such employees may be assigned other duties outside the customary course and scope of their job description, held pending emergency calls, or given other instructions.

B. Employees other than regular and probationary employees who report for work and are unable to work in the field because of inclement weather or other similar causes will be paid only for the time they work, or are held by the city except, however, they will be paid for not fewer than two (2) hours.

(Ord. 95-61 § 14)

A. Declaration of Policy. The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is established a code of ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standard of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the city, and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the city. The provisions and purposes of this code and such rules and regulations as may be established are declared to be in the best interests of the city and for the protection of the public health, safety and welfare of its citizens.

B. Dedicated Service. All officials and employees of the city owe a duty of loyalty to the political objectives expressed by the electorate and the programs developed by the city council to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions, by the appropriate authority.

Officials and employees should not exceed their authority or breach the law or ask others to do so, and owe a duty to cooperate fully with other public officials and employees unless prohibited from so doing by law by officially recognized confidentiality of their work.

C. Fair and Equal Treatment.

1. Use of Public Property. No official or employee shall request or permit the use of city owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business. Shop privileges are the exception, as established by the city council.

2. Obligations to Citizens. No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

D. Conflict of Interest. No council member or other official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties in the public interest, or would tend to impair his or her independence or judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business association.

Specific conflicts of interest are enumerated below for the guidance of officials and employees:

1. Incompatible Employment. No council member or other officials or employee shall engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence or judgment or action in the performance of his or her official duties.

2. Disclosure of Confidential Information. No council member or other official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the city, nor shall he or she use such information to advance the financial or other private interest of himself or herself or others.

3. Gifts and Favors. No council member or other official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise from any person, firm or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (1) accept any gift, favor, or thing of value that may tend to influence him or her in the discharge of his or her duties, or (2) grant in the discharge of his or her duties any improper favor, service or thing of value.

4. Representing Private Interests Before City Agencies. No council member or other official or employee whose salary is paid in whole or in part by the city shall appear on behalf of private interests before any agency of the city. He or she shall not represent private interests in any action or proceeding against the interests of the city in any litigation to which the city is a party.

A council member may appear before city agencies on behalf of constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civil obligations. However, no council member or other official or employee shall accept a retainer or compensation that is contingent upon a specific action by a city agency.

5. Contracts with the City. Any council member or city official or employee shall not have a financial interest in any business transaction, or contact with the city, or in the sale of real estate, materials, supplies, or services to the city, except as permitted in the conflict of interest statutes of the state of California (Government Code Section 1090, et seq.).

6. Disclosure of Interest in Legislation. A council member who has a financial or other private interest in any legislation shall disclose on the records of the city council or other appropriate authority, the nature and extent of such interest.

Any other city official or employee who has a financial or private interest, and who participates in discussion with or gives an official opinion to the city council concerning pending legislation, shall disclose on the records of the city council or other appropriate authority the nature and extent of such interest.

E. Applicability of Code. When a council member or other official or employee has doubt as to the applicability of a provision of this code to a particular situation, he or she should apply to the city council for an advisory opinion and be guided by that opinion when given. The council member or other officials or employees shall have the opportunity to present his or her interpretation of the facts at issue and of the applicable provisions of the code before such advisory decision is made. This code shall be operative in all instances covered by these provisions except when superseded by applicable statutory provisions or when the application of a statutory provision is discretionary but determined to be more appropriate or desirable.

F. Ex Parte Communications. No official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests.

Any written ex parte communication received by an official or employee in matters where all interested parties should have equal opportunity for a hearing shall be made part of the record by the recipient.

Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also made a part of the record.

A communication concerning only the status of a pending matter is not regarded as an ex parte communication.

G. Avoidance of Impression of Corruptibility. Public officials and employees, whether appointed or elected, full-time or part-time, paid or unpaid, should conduct their official and private affairs so as not to give a reasonable basis for the impression that any such official or employee can be improperly influenced in the performance of his or her public duties. Such officials or employees should so conduct themselves as to maintain public confidence in their performance of public trust in the government they represent. They should not be a source of embarrassment to that government, and should avoid even the appearance of conflict between their public duties and private interests.

H. Discrimination in Appointments. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any appointive administrative office because of the party's race, age, religion, national origin, or political opinions or affiliations, if otherwise qualified for the position or office. This provision shall not be construed to impair administrative discretion in determining the requirements of a position or in job assignment of a person holding such position, subject to review by the city council.

I. Investments in Conflict with Official Duties. No director or other official or employee, whether paid or unpaid, shall possess any substantial or controlling investment, direct or indirect, in any financial, business, commercial or other private transaction which creates or may create a conflict with his or her official duties, nor shall he or she invest to such degree in any business regulated or licensed or by doing business with the city in which he or she is employed, or be a party to any transaction on which he or she may be called to make a decision in an official capacity, subject only to the exceptions provided in the conflict of interest sections of the Government Code of the state of California.

J. Disclosure of Income. An official or employee, whether paid or unpaid, who has a direct financial or other interest in any transaction, the disposition of which may be influenced by the officer's or employee's official position or action, shall disclose all sources of income and the nature and extent of any personal interest in such.

(Ord. 95-61 § 27)