Signal Hill Municipal Code Ch. 2.80 Personnel System Rules and Regulations

This chapter shall be known as the personnel system.

(Ord. 86-03-970 § 1 (part), 1986)

In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and, to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted. All rules and regulations adopted by resolution or otherwise pursuant to the authority herein shall be deemed incorporated herein by reference, and any reference to the personnel system shall be deemed to include those rules and regulations.

(Ord. 86-03-970 § 1 (part), 1986)

The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:

A. Elective officers;

B. Members of appointive boards, commissions and committees;

C. Persons engaged under contract to supply independent expert, professional or technical services for a definite period of time;

D. Volunteer personnel who receive no regular compensation from the city;

E. City manager;

F. City attorney;

G. Department heads and other management/supervisory employees as may be designated by the city council;

H. Part-time crossing guards, per diem, hourly, seasonal, and other part-time employees;

I. Emergency employees who are hired to meet the immediate requirements of an emergency condition.

(Ord. 86-03-970 § 1 (part), 1986)

All words and terms used in this chapter and in any ordinance or resolution dealing with personnel policies or procedures, including Chapter 2.82 and 2.84, shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, unless the context of such ordinances or resolutions clearly indicates that a different meaning is intended, the following words and terms most commonly used are hereinafter defined:

1. "Acting appointment" means the appointment of a person to a classification in the city service on an interim basis during which that person will continue to occupy the position from which he/she was appointed.

2. "Advancement" means a salary increase within the limits of the pay range established for classes provided by resolution.

3. "Allocation" means the assignment of a single position to its proper class in accordance with the duties exercised, and the education and experience requirements; or, the assignment of a class to a salary range or rate.

4. Appointing Power. The "appointing power" to fill positions in the city service is the respective department head insofar as subordinate employees within the respective department is concerned.

5. "Appointment" means the employment of a person in a position.

6. "Base salary" means the salary range and step established in a salary resolution by the city council exclusive of any overtime, shift-differential, incentive or other type of premium pay an employee may receive.

7. "Benefit accrual" means the earning of various benefits by an employee through an incremental process tied to time served as an eligible employee of the city.

8. "Call-back duty" means when an employee is unexpectedly ordered by his/her department to return to duty, following the termination of his/her normal work shift or work week, because of unanticipated work requirements.

9. "Class" or "classification" means a group of positions sufficiently similar in duties, authority, responsibilities, and minimum qualifications for employment to permit combining them under a single title and the equitable application of common standards of selection and compensation.

10. "Classification plan" means the designation by resolution of the city council of a title for each class together with the specifications for each class as prepared and maintained by the personnel officer.

11. "Class specification" means a written description of a class, setting forth the essential characteristics, knowledge, skills, abilities, and requirements of positions in the class.

12. "Compensatory time-off" means time taken off, with pay, from work in lieu of overtime pay previously accrued by the employees.

13. "Competitive service" means all positions in the city service except those specifically excluded by these rules.

14. "Continuous service" means the employment without break or interruption of an employee having a probationary or regular appointment. A break or interruption in continuous service shall be construed as an absence of the employee from his/her employment initiated by either the city or the employee for periods of more than fifteen consecutive calendar days.

15. Day. For purposes of the grievance procedure, a "day" shall be defined as a calendar day, commencing at 12:01 a.m.

16. "Demotion" means a transfer of an employee to a position in the personnel system having a lower maximum rate of pay. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications.

17. “Department head” means an exempt, senior management employee charged with responsibility for managing major activities or functions of the city and implementing policy set by the city council. For the purposes of this chapter, department head includes the positions of city manager, assistant city manager, police chief, and directors of community services/parks, recreation, and library services, planning and community development, public works, and finance, and any other position so designated by the city council, by resolution.

18. "Disciplinary action" means an action taken by a department head against an employee for a violation of some condition of employment or rule and regulation of the city. Except when dismissal is warranted, the purpose of such action is to alert an employee to problems in his/her performance and to provide an opportunity to the employee to improve his/her performance.

19. "Dismissal" means a termination of an employee's service.

20. "Eligible" means a person who may be appointed to a vacant position in the competitive service as provided by these rules.

21. "Eligibility list" means a list of names of persons who have taken an examination for a position in the competitive service and have been passed and ranked on the list in order of the score received.

22. "Employee" means a person occupying a position in the city service.

23. "Exempt classes" means those classes of positions that, by the nature of the job requirements, do not earn overtime and are not subject to the provisions of this chapter. These classes are set forth in Section 2.80.015.

24. "Full-time position" means a position in the competitive service of the city which requires at least forty hours of work per week, and accrues benefits.

25. Grievance. A "grievance" is a formal written allegation by a grievant that he or she has been adversely affected by a violation, misinterpretation, or misapplication of one or more of the specific provisions of the memorandum of understanding and/or provisions of these personnel rules and regulations.

26. Grievant. A "grievant" may be any bargaining unit employee who files a written allegation as outlined in the grievance procedure.

27. Immediate Supervisor. The "immediate supervisor" shall be the person having evaluation responsibility for an employee.

28. "Incidental overtime" means the designation given to overtime of fewer than thirty minutes, that is nonrecurrent.

29. "Interim position" means a full-time or part-time position for a designated period of time, which may extend beyond the six months' limit reserved for temporary positions. Interim positions accrue all fringe benefits and salary increases the same as full-time and part-time permanent positions during the authorized period of employment.

30. "Layoff" means a separation of an employee from city service for reasons of economy or efficiency or reductions or elimination of city services.

31. "Merit salary increase" means the increase of an employee's salary within the salary range established for the class of position he/she occupies as a result of satisfactory job performance in such position.

32. "Overtime" means the time which an interim, probationary, or permanent employee is required to work beyond the number of hours prescribed for a full-time employee in that classification in a week.

33. "Part-time position" means a position having a work week of fewer hours than the normal work week established for full-time positions. A part-time position may be either interim, temporary or permanent, and may or may not accrue benefits.

34. "Permanent position" means a full-time or part-time position which is expected to exist indefinitely.

35. "Personnel system" means this chapter as amended from time to time, and all ordinances, resolutions, rules, and regulations pertaining to the personnel system of the city.

36. "Position" means a combination of duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis.

37. "Probationary appointment" means the probationary employment of a person. A probationary appointment is for a specified period, during which job performance is evaluated as a basis for a subsequent regular appointment.

38. "Probationary employee" means an employee who has a probationary appointment.

39. "Probationary period" means a working test period that is part of the selection process and during which an employee is required to demonstrate his/her fitness for the duties of the position to which he/she has been assigned by actual performance of such duties. As used in this chapter, the term "initial probationary period" means an employee's first probationary period during his/her continuous city employment.

40. "Promotion" means the advancement of an employee from a position in one class to a position in another class having higher maximum salary rate.

41. "Reclassification" means the reassignment of a position from one class to a different class in accordance with a reevaluation of the minimum qualifications, duties and responsibilities of the position. A reclassification is distinguished from a demotion in that there is no reduction in the maximum salary rate.

42. "Reduction in salary" means a salary decrease within the limits of the pay range established for a class.

43. "Reemployment" means the reappointment of a person to the same or comparable class within twelve months of his/her layoff from a position previously held in the classified service of the city. Any employee who is "reemployed" shall receive credit for former service for purposes of seniority, benefit compensation, and salary advancement.

44. "Reemployment list" means an eligibility list containing the names of laid-off probationary or regular employees ranked in the order of their competency.

45. "Regular appointment" means the appointment of a person in a permanent budgeted position. A regular appointment follows successful completion of a probationary period and signifies satisfactory performance of duties and responsibilities in the position to which the employee is assigned.

46. "Regular employee" means an employee who has successfully completed his/her probationary period in a permanent position.

47. "Rejection" means the involuntary separation from the city service of an employee who has not successfully completed his/her probationary period, or, the reduction of an employee who did not successfully complete his/her probationary period to a position in a different class in which he/she had previously acquired regular status.

48. "Reprimand" means a written statement placed in the employee's personnel file which shall describe the deficiencies in the employee's conduct, the corrective action required, and what further disciplinary action may result if such corrective action is not taken.

49. "Reinstatement" means the reappointment of an employee to a position in the same or a comparable class within twenty-four months of his/her resignation in good standing. No credit shall be granted for prior service in terms of benefits accrued or seniority. A reinstated employee shall serve a probationary period.

50. "Resignation" means the voluntary separation of an employee from the city service.

51. "Salary anniversary date" means the future date on which an interim, probationary, or regular employee is eligible, on the basis of satisfactory job performance for a prescribed period, for a merit salary increase within the salary range established for the class of position he/she occupies.

52. "Salary plan" means the assignment by city council resolution of salary ranges and/or salary rates to each class.

53. "Salary range" means the range of salary rates for a class.

54. "Salary rate" means the dollar amount of each step in a salary range, or the flat dollar amount for a class not having a salary range.

55. "Salary step" means the minimum through maximum salary increments of a salary range.

56. "Standby duty" means when an employee who is released from duty is required by his/her department to leave notice where he/she can be reached and to be available to return to duty when required.

57. "Suspension" means a period of time during which the employee is not permitted to exercise his or her duties to appear at his or her work place. Suspension may be with or without pay and for any period of time. The department head may offer the employee the option to work extra duty without pay in lieu of suspension which the employee may accept or reject without prejudice to his or her appeal rights under Section 2.80.520.

58. "Temporary appointment" means an appointment to a temporary or permanent position for a period of six months or less which may be extended by the city manager for a maximum of an additional six months.

59. "Temporary employee" means a person who has been appointed to a temporary or a permanent position for a period of six months or less.

60. "Temporary position" means a full-time or part-time position of a duration not to exceed six months.

61. "Termination" means the separation of an employee from the city service because of retirement, resignation, death or dismissal.

62. "Title," "class title," "title of class" means the official name applied to a class, and to each position allocated to the class and to the incumbent of each position.

63. "Transfer" means a change of an employee from one position to another position in the same class or in another class having the same maximum salary rate, involving the performance of basically similar duties, and requiring substantially the same minimum qualifications.

64. Y-Rate. A "Y-rate" exists when an employee's monthly salary is higher than the top step salary of the classification to which he/she is assigned. The salary of an employee who is Y-rated is frozen at its then existing monthly rate, until such time as the top step salary of the employee's classification through general salary increases catches up with, or exceeds, the Y-rated employee's salary.

(Ord. 2023-11-1545 § 21, 2023; Ord. 86-03-970 § 1 (part), 1986)

The city manager is authorized to issue written guidelines to implement and enforce this chapter, and to make adjustments to avoid or eliminate inequities resulting from its application. Such guidelines shall have the city's best interests as their paramount concern, shall be consistent with applicable state and federal guidelines, and shall not apply to those sections of this chapter which concern powers and authority specifically reserved to the civil service commission or the city council.

(Ord. 86-03-970 § 1 (part), 1986)

The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him/her as the personnel officer to any other officer or employee of the city or may recommend that such powers and duties shall be performed under contract. The personnel officer shall:

A. Prepare and recommend to the council, as required, amendments to this chapter;

B. Prepare a salary plan and revisions thereto as required;

C. Be responsible for administration of the following procedures within the framework of this chapter:

1. The formulation of specifications for each class of positions in the competitive service of the city,

2. The allocation of positions to classes in the competitive service on the basis of duties, responsibilities, and requirements,

3. The public announcement of vacancies and examinations after review of such announcements by the commission, and the acceptance of applications for employment,

4. The preparation and conduct of examinations,

5. The appointment of persons from eligibility lists to fill vacancies and the making of temporary and emergency appointments,

6. The evaluation of employees during the probationary period and periodically thereafter,

7. The transfer, promotion, demotion, discipline, suspension and reinstatement and reemployment of employees in the competitive service,

• 8. The standardization of hours of work, attendance and leave regulations, and working conditions,
• 9. The development of employees' morale, welfare, training, and safety,
• 10. The separation from the competitive service of employees through layoff, rejection, and dismissal,
• 11. The maintenance and use of necessary records and forms, including payroll certification,

12. The establishment and maintenance of suitable methods of effective communication between employees and their supervisors; between employees and the city manager; and between employees and the city council, relating to conditions of employment in the city service,

13. The development of a pay and benefit package for management, confidential, and unrepresented employees and the presentation of this package to the city council,

14. The development and administration of the city's employee-employer relations program consistent with the letter and intent of state law and the city's employee Memoranda of Understanding,

15. The development and administration of policies which assure an unbiased work environment and fully protect the rights of each employee;

D. Administer all other provisions of this chapter which do not involve powers and authority specifically reserved to the city council or the civil service commission.

(Ord. 86-03-970 § 1 (part), 1986)

A. There is established a civil service commission which shall consist of five members to be appointed by not less than three-fifths vote of all the members of the city council. No person who holds office in the city government or who is employed by the city shall be appointed to the civil service commission or serve thereon, and the members of the commission shall be qualified electors of the city for the duration of their tenure of office, and for at least thirty days prior to appointment. In the event that a civil service commissioner changes his or her residence to one outside the city, he or she shall become ineligible to serve on the civil service commission.

B. The offices of the members of the civil service commission shall be designated as offices one, two, three, four, and five. The city council shall appoint a commissioner to fill each office. As of June 1, 1994, three civil service commissioner terms are scheduled to expire on June 1, 1995, and two terms are scheduled to expire on June 1, 1997. The terms scheduled to expire on June 1, 1995 are shortened to expire on September 30, 1994 and are designated as offices one, two, and three. The terms scheduled to expire on June 1, 1997 are shortened to May 31, 1997, and are designated as offices four and five. On or about October 1, 1994, new appointments will be made to fill offices one, two, and three. The initial terms of offices one and two shall be until May 31, 1999. The initial term of office three shall be until May 31, 1997. Thereafter, the succeeding terms shall be four years for each office. Each member of the commission shall serve until his/her successor is appointed and qualified. Vacancies on the commission arising from any cause whatsoever shall be filled by appointment by the city council for the unexpired term. A commissioner may be removed at any time by a vote of not less than three-fifths vote of all the members of the city council. In making appointments and filling vacancies, the city shall comply with Government Code Section 54970, et seq., requiring open lists of local appointive offices; provided that upon a finding that an emergency exists, an unscheduled vacancy may be filled immediately without notice, on an acting basis until a final appointment is made.

C. The commission, by a majority vote, shall annually, at its June meeting, elect a chairman who shall serve at the pleasure of the commission. If a vacancy should occur in the office of chairman, the commission shall elect a new chairman who shall serve for the unexpired term. The chairman shall preside at all meetings of the commission and execute documents on behalf of the commission.

D. The commission shall designate one officer of the city to serve as secretary to the commission, subject to the confirmation of the city council. The secretary shall be responsible for making, keeping, and preserving all records of the commission at City Hall, including minutes of each meeting, and is designated as the official upon or with whom all notices, requests for hearing, complaints, and other documents relating to civil service shall be served and filed. The secretary shall perform such other duties as the city council or the commission shall require.

E. The city attorney shall serve as the legal advisor to the commission in all matters except in a hearing where, due to the city attorney's prior involvement with the parties, the city attorney will represent one of the parties or otherwise must withdraw from representing the commission.

F. During their tenure of office, and for a period of one year thereafter, a member of the civil service commission shall be disqualified for appointment to any position in the classified service of the city. No member of the commission shall be interested directly or indirectly in any contract with the city, or with any officer thereof in his/her official capacity, or in doing any work or furnishing any supplies.

(Ord. 94-09-1185 § 3; Ord. 94-06-1180 § 4: Ord. 91-08-1111 §§ 1, 2; Ord. 89-04-1029 § 1; Ord. 86-03-970 § 1 (part), 1986)

A. The civil service commission shall meet monthly in the offices of the City Hall at such time and day as the commission may establish, and such other day and at such other times as may be specified in an order of adjournment or in an order for a special meeting, which order may be issued by the chairman or three members of the commission.

B. At any meeting of the commission, three members shall constitute a quorum for purposes of conducting business or meetings. Unless otherwise provided, a majority vote of those present and voting shall be sufficient to adopt any motion.

C. All meetings of the commission shall be conducted in accordance with Robert's Rules of Order. The commission may adopt and amend by-laws for the governance of its meetings and proceedings, which shall be ratified by the city council.

D. All meetings of the commission and all records of its proceedings shall be open to the public, except as permitted by state law and except as provided by Section 2.80.560 in the case of hearings on appeals.

(Ord. 91-08-1111 §§ 3, 4; Ord. 86-03-970 § 1 (part), 1986)

The members of the civil service commission shall receive such monthly compensation for their services as the city council may establish from time to time by resolution. This compensation shall be in addition to any funds paid and reimbursement for reasonable and actual costs and expenses.

(Ord. 95-06-1194 § 3)

A. It shall be the obligation of members of the civil service commission to attend all meetings, whether regular or special, of the civil service commission, except for good cause. If a commissioner knows he or she will be unable to attend a meeting of the commission, the commissioner must contact the chairperson of the commission or the staff member assigned to the commission prior to the time established for commencement of the meeting. The commissioner must explain his or her reasons for being absent. At the beginning of the commission meeting, the chairperson shall inform the commission of the reason for the absence of any commissioner, and the commission shall determine whether such absence stems from good cause and whether such absence is excused or unexcused. Failure by any commissioner to make said contact prior to the commencement of the commission meeting shall automatically be deemed an unexcused absence.

B. In the event that any commissioner arrives at a meeting after the commission determines that the commissioner's absence is unexcused, the commissioner may give his or her reasons for being late, and the commission may then rescind its prior action and find such absence to be excused, but otherwise, the late arrival shall be deemed an unexcused absence.

C. After a commissioner has accumulated three unexcused absences in any calendar year, and upon the occurrence of the next unexcused absence, the commissioner shall be deemed to be automatically removed from the commission, and their office shall be deemed vacated by operation of law.

D. A commissioner who misses any regular commission meeting due to an unexcused absence shall not be entitled to receive compensation for such meeting. Attending ad hoc or committee meetings on behalf of the city is on a volunteer basis and commissioners shall not receive any compensation for attending such meetings. (Ord. 2016-11-1943 § 2; Ord. 88-09-1014 § 3)

A. The functions of the civil service commission shall be as follows:

1. As provided by this chapter, the commission shall hear appeals submitted by any person in the classified service relative to any suspension, dismissal, demotion, or reduction in pay, and to certify its findings and recommendations as provided in this chapter.

2. The commission shall certify to the appointing power a list of all persons eligible for appointment to the appropriate position in the classified service. Such eligibility list shall be established by the personnel officer, as provided by this chapter and on the basis of merit and fitness ascertained so far as practicable by competitive examination. The commission, at its discretion, shall have available to it any and all documents, tests, examinations, work samples, or any combination of these which will, in the opinion of the commission, demonstrate the fair and impartial administration of the examination process by the personnel officer.

3. When requested by the council, the commission shall hold hearings and make recommendations on any matter of personnel administration within the limits of the requests of the council.

4. The commission may, at the request of the city council, review any and all information in the personnel file of an employee in the classified service.

B. The commission is authorized to adopt resolutions and take all actions necessary and proper to carry out the functions of the commission pursuant to this section and this chapter, including, but not limited to:

1. In any investigation or hearing conducted by the commission, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence by subpoenas issued under the authority of the city council and attested to by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the council. Each member of the commission shall have the power to administer oaths to witnesses.

2. The commission shall conduct appeal hearings in accordance with the procedures contained in Section 2.80.560.

3. The commission may request that the city council appoint a hearing officer to conduct hearings, gather evidence, prepare findings, and/or make recommendations to the commission.

(Ord. 86-03-970 § 1 (part), 1986)

A. The personnel officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consultation with appointing authorities and heads of departments affected, shall recommend a classification plan for the positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications, including title, a description of typical duties and responsibilities of positions in each class, and a statement of the training, experience and other qualifications to be required of applicants for positions in each class. Class specifications are explanatory, but not restricting. The listing of particular tasks shall not preclude the assignment of other related kinds of tasks, or jobs requiring lesser skills. The classification plan shall be developed and maintained, that all positions substantially similar with respect to duties, authority, character of work, and qualifications are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

B. In the preparation of the classification plan, the personnel officer shall allocate every position in the competitive service to one of the classes established by the plan. Before the classification plan or any part thereof shall become effective, it shall first be approved in whole or in part by the city council. Upon adoption by the council, by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires in the same manner as originally established.

C. When a new position is created, before the same may be filled, and except as otherwise provided by the personnel system, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefor, and an appropriate eligible list has been established for such position.

D. Positions in which the duties have changed materially, so as to necessitate reclassification, shall be allocated to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassifications shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

(Ord. 86-03-970 § 1 (part), 1986)

All vacancies, other than temporary vacancies, in the competitive service, shall be filled by reinstatement, reemployment, transfer, demotion, or from eligibiles on an appropriate eligibility or promotional list, if available. In the absence of persons eligible for appointment in the above manner, temporary appointments may be in accordance with these rules and regulations. The civil service commission shall be informed of all appointments at the next regularly scheduled commission meeting.

(Ord. 86-03-970 § 1 (part), 1986)

A. The personnel officer shall determine whether it is desired to fill a vacancy by reinstatement, reemployment, transfer, demotion, or whether appointment from a promotional or eligibility list is preferred. The names of persons willing to accept appointment from a promotional or eligibility list shall be certified by the civil service commission prior to appointment. Appointments may be made from any persons appearing on the eligibility list. If sufficient names are not available on the list, as established in accordance with Section 2.80.370, then a temporary appointment may be effected until eligibles can be certified after appropriate examination. If the temporary employee does not successfully pass the examination, he/she shall be terminated and replaced by a person appearing on a new eligible list.

B. The personnel officer may certify names from the list for a higher classification in order to fill a vacancy in a lower classification when job duties are of a similar nature and the eligibility list for the higher classification has been certified by the civil service commission. In no case shall names be certified from a list for a lower classification to fill a vacancy in a higher classification.

(Ord. 86-03-970 § 1 (part), 1986)

A. After interview and investigation, the personnel officer shall effect the appointment by notifying the applicant, and if the applicant accepts the appointment and presents himself/herself for duty within the period of time the appointing authority prescribes, he/she shall be deemed to be appointed; otherwise he/she shall be deemed to have declined the appointment.

B. Appointments, as designated below in this subsection, shall be considered "at will," and the employee shall have no property or vested rights in his/her position. Before such an appointment shall become effective, except for a probationary employee, the prospective appointee shall sign a statement indicating that he/she acknowledges that he/she may be terminated for any reason, with or without cause, without right of appeal, and that he/she may have limited benefit accrual under the personnel system. Such appointments are as follows:

• 1. Emergency appointments;
• 2. Temporary appointments;
• 3. Industrial appointments;
• 4. Long-term illness appointments;
• 5. Probationary appointments;
• 6. Interim appointments;
• 7. Acting appointments.

C. The civil service commission, at its next regularly scheduled meeting, shall be informed of any appointments under this section.

(Ord. 86-03-970 § 1 (part), 1986)

With the approval of the personnel officer and following notification of the civil service commission, an employee who has resigned with a good record may be reinstated without examination within two years, to his/her former position, if vacant, or to a vacant position in the same or a comparable class, or to a position in a lower classification. A reinstated employee shall serve the probationary period prescribed for that class and, for purposes of benefit accrual, begins with new employee status. The reinstated employee may be appointed at a higher step than the entry level with the approval of the city manager.

(Ord. 86-03-970 § 1 (part), 1986)

To meet the immediate requirements of an emergency condition, such as fire, flood, earthquake, or other public calamity, which threatens life or property, the appointing authority may employ such persons as may be needed for the duration of the emergency without regard to the personnel rules affecting appointments. Such appointments shall be reported to the personnel officer as soon as possible, and to the civil service commission at its next regularly scheduled meeting. No emergency appointment shall exceed sixty working days, nor shall an individual hold successive emergency appointments. No position shall be filled by a succession of emergency appointments.

(Ord. 86-03-970 § 1 (part), 1986)

Temporary appointments of persons who appear to possess the minimum standards or qualifications for a position may be made by the personnel officer. Such appointments shall not continue for a period in excess of six months in any fiscal year unless approved by the city manager. Temporary appointments shall be reported to the civil service commission at its next regularly scheduled meeting. Temporary employees shall not be entitled to fringe benefits. No credit shall be allowed upon an application or in the giving of an examination for service rendered under a temporary appointment. However, if a temporary appointment is converted to a probationary appointment without interruption of service, the period of temporary service may be credited towards the completion of the probationary period, but no accrual of sick or annual vacation leave may be allowed for the period of service that the temporary appointee has served and received compensation for as provided in these rules. All temporary appointments must be made within budget limitation. A temporary employee may be removed at any time without the right of appeal or hearing.

(Ord. 86-03-970 § 1 (part), 1986)

Where a vacancy occurs as a result of a 4850 industrial leave which extends beyond ninety days, it shall be filled in accordance with Sections 2.80.110 and 2.80.120(B). In the event that the original employee returns to the position and subsequently goes on another 4850 industrial leave, the person previously appointed to fill the vacancy created by the previous 4850 industrial leave may be reinstated, or a new appointment made, at the option of the department head. The civil service commission, at its next regularly scheduled meeting, shall be informed of any industrial appointments made. Any industrial appointee shall receive all of the regular benefits of employees in the classified service except that he or she shall continue to be deemed a probationary employee without vested rights to his or her position until such time as the original employee leaves the service of the city or the appointee is transferred to a different position.

(Ord. 86-03-970 § 1 (part), 1986)

Wherever a vacancy occurs as a result of a long-term illness leave which extends beyond ninety days, it shall be filled in accordance with Sections 2.80.100 and 2.80.120(B). In the event that the original employee returns to the position and subsequently goes on another long-term illness leave, the person previously appointed to fill the vacancy created by the previous long-term illness leave may be reinstated, or a new appointment made, at the option of the department head. The civil service commission, at its next regularly scheduled meeting shall be informed of any long-term illness appointments made. Any long-term illness appointee shall receive all of the regular benefits of employees in the classified service except that he or she shall continue to be deemed a probationary employee without vested rights to his or her position until such time as the original employee leaves the service of the city or the appointee is transferred to a different position.

(Ord. 86-03-970 § 1 (part), 1986)

A. The personnel officer or the person or agency employed for that purpose shall prepare a pay plan covering all classes of positions in the service, showing the minimum, intermediate (if applicable), and maximum rate of pay. The personnel officer or the person or agency employed for that purpose shall thereafter make such further studies of the compensation plan as may be requested by the city council.

B. The personnel officer shall submit the proposed pay plan to the city council. The council shall adopt, or amend and adopt, the proposed plan, but no pay plan shall be effective until approved by the city council. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption.

(Ord. 86-03-970 § 1 (part), 1986)

Except as otherwise provided by this section, all new employees shall be appointed at the first step of the salary range for the particular class in which the appointment is made. When in the judgment of the city manager and with the recommendation of the department head, the education, training and experience of a proposed employee are superior and justify a salary in excess of the first step, the city manager may authorize an appointment to a position at a higher step in the salary range. Initial employment at a salary step other than the first step may be authorized by the city manager when a particularly difficult recruiting problem for a class is found to exist.

(Ord. 86-03-970 § 1 (part), 1986)

Advancement within a salary range shall be authorized only after the affirmative recommendation of the department head and with the approval of the city manager. Only interim, probationary and permanent employees holding positions allocated to a salary range shall be eligible for such advancement. Such recommendation may be made only on the basis of satisfactory job performance. No salary advancement shall be made which will exceed the maximum rate established in the pay plan.

(Ord. 86-03-970 § 1 (part), 1986)

A. Appointment at First Step of Salary Range. A person appointed at the first step of the salary range for the class to which his/her position is allocated shall have a salary anniversary date which shall be six months from the date of his/her appointment, promotion, or reinstatement.

B. Appointment Above First Step of Salary Range. A person appointed at a step higher than the first step of the salary range for the class to which his/her position is allocated shall have a salary anniversary date which shall be twelve months from the date of his/her appointment, promotion, or reinstatement.

(Ord. 86-03-970 § 1 (part), 1986)

A. All employees shall be eligible to be advanced through the five steps in their respective salary schedules in the following manner:

1. Step A. The first step is the minimum rate and shall normally be the hiring rate for the class. No employee shall be considered to be on permanent status until he or she has satisfactorily completed the probationary period.

2. Step B. The second step is a rate which a qualified, experienced, and conscientious employee may merit following the completion of six months' satisfactory service in Step A.

3. Step C. The third step is the rate which a qualified, experienced and conscientious employee may merit following the completion of one year's satisfactory service in Step B.

4. Step D. The fourth step is the rate which a fully qualified, experienced and conscientious employee may merit following the completion of a minimum of one year's satisfactory service in Step C.

5. Step E. The fifth step is the rate which a fully qualified, experienced, and conscientious employee may merit following the completion of a minimum of one year's satisfactory service in Step D.

B. The city manager may authorize the advancement of an employee to any of the last four steps of his/her allocated salary schedule earlier than would normally be attained if exceptional performance warrants. The recommendation for such advancement shall normally be initiated by the respective department head.

(Ord. 86-03-970 § 1 (part), 1986)

The following provisions shall govern the normal advancement procedures for employees assigned to positions having a salary range:

A. Notification of Eligibility to Department Head. Thirty days prior to each employee's salary anniversary date and annually thereafter until the employee reaches the maximum step of the salary range for his/her class, the personnel officer shall advise the department head in writing of the employee's pending eligibility for a merit salary increase. The department head shall subsequently advise the personnel officer in writing prior to the employee's salary anniversary date whether or not he/she recommends advancement of the employee to the next higher step in the appropriate salary range.

B. Notification of Authorization to Finance Director. If the department head recommends the advancement of the employee to the next higher salary step, and the city manager approves such advancement, the personnel officer shall notify the finance director in writing of the approval merit salary increase, and such notification shall constitute authorization for the finance director to make payment to the employee at the specified higher rate. Such payment shall commence at the beginning of the pay period in which the employee's salary anniversary date falls.

C. Postponement of Merit Salary Increase. If a department head recommends that advancement of the employee to the next higher salary step be postponed pending further review of the employee's job performance, and the city manager approves, the employee will not be assigned a new salary anniversary date providing that said postponement does not exceed a period of three months. If during or at the conclusion of the period of postponement, the department head recommends that the employee be advanced to the next higher salary step, the personnel officer shall notify the finance director in writing and such notification constitutes authorization for the finance director to make payment to the employee at the specified higher rate. Such payment shall commence at the beginning of the pay period in which the recommendation is made. If said postponement exceeds three months, the employee will be assigned a new salary anniversary date which shall be the date to which his/her previous salary anniversary date was postponed.

D. Failure to Notify Department Head of Employee's Eligibility. Should an employee's salary anniversary date be overlooked through error, and upon discovery of the error, the employee is recommended for a merit salary increase, the finance director shall, on the next regular paycheck, include payment compensating the employee from the beginning of the pay period in which his/her salary anniversary falls.

E. Error in Determination of Correct Salary Rate.

1. Should an employee be advanced to a higher step in the salary range for his/her class than for which he/she was recommended through error, such error shall be corrected immediately following its discovery. Reimbursement to the city by the employee for said error shall be made by reduction of next or subsequent paychecks or any other method mutually agreed to.

2. Determination of which one or combination of the above methods of reimbursements should be used shall be made by the department head subject to the approval of the personnel officer. Should the employee terminate before full reimbursement to the city has been made, the money required to complete reimbursement shall be deducted from his/her final paycheck.

F. Adjustment in Salary Anniversary Date Due to Leave of Absence. The granting of any leave of absence without pay exceeding fifteen consecutive calendar days shall cause the employee's salary anniversary date to be postponed by the number of calendar days for which such leave of absence has been granted, less the first fifteen calendar days of such leave. The employee shall be assigned a new salary anniversary date which shall be the date to which his/her previous salary anniversary date has been postponed.

(Ord. 86-03-970 § 1 (part), 1986)

An employee who is appointed to a position in a class allocated to a higher salary range than the class in which he/she formerly occupied a position shall receive the nearest higher monthly salary which is at least five percent higher than his/her previous base salary but in no case shall he/she be compensated above the top step of the new salary range unless the city council grants special approval. Payment in such new salary range shall commence at the beginning of the pay period in which the appointment became effective as indicated on the city personnel action form. The effective date of the promotion shall be the employee's new salary anniversary date.

(Ord. 86-03-970 § 1 (part), 1986)

A. After notice to the personnel officer, an employee may be transferred by the department head at any time from one position to another position in the same or a comparable class.

B. An employee who is transferred from one position to another in the same class or to another position in a class having the same salary range shall be compensated at the same step in the salary range he/she previously received. The employee's salary anniversary date shall remain the same as it was before transfer.

(Ord. 86-03-970 § 1 (part), 1986)

A. Whenever the needs of the city require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of more than fifteen consecutive working days, the employee shall receive the salary rate of the higher class in which he/she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification which will assure an increase of not less than five percent greater than the salary of his/her current position, but in no case shall such salary exceed the top salary step of the higher classification. The higher salary rate payable shall commence on the sixteenth working day following the temporary reassignment to the performance of duties of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the personnel officer following recommendation by the affected department head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the personnel officer as recommended by the affected department head.

B. The employee assigned to perform the duties of a higher classification shall not serve for more than ninety working days in a higher classification whenever a vacancy exists (or it is apparent that a vacancy will be present) without the announcement by the personnel officer of an approved examination as otherwise provided in this chapter. In no case shall an employee serve more than six months in a higher classification without passing the examination.

C. A person appointed in an acting capacity shall be eligible to receive merit increases in his/her permanent position during the acting appointment but shall not be entitled to merit increases in the position which he/she holds in an acting capacity. If successful in being promoted, the period of time of service in the higher classification shall be credited to the promoted employee toward the required period of probation for the higher classification as otherwise required in this chapter.

D. The personnel officer shall obtain the employee's written consent for the temporary performance of any of the duties of the higher classification beyond a period of fifteen working days, prior to an employee's assuming or continuing the duties and compensation of a higher classification, which consent shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. In no instance shall the salary rate of the higher classification extend beyond the six-month period as hereinabove set forth, unless otherwise promoted in accordance with the provisions of this chapter.

(Ord. 89-02-1026 § 1: Ord. 86-03-970 § 1 (part), 1986)

Notwithstanding other provisions of this chapter, a person reinstated (within two years) in (A) a position allocated to a class in which he/she previously held regular status and from which he/she was separated in good standing, or (B) a position allocated to a class which is comparable (as determined by the city) to a position in which he/she previously held regular status and from which he/she was separated in good standing, may, with the approval of the city manager and the head of the department in which he/she would be reinstated, be appointed to the same step of the salary range for the particular class of position as the step which he/she occupied at the effective date of his/her resignation. Upon reinstatement, the employee's salary anniversary date shall be determined as provided by Section 2.80.215.

(Ord. 86-03-970 § 1 (part), 1986)

An employee who has been suspended without pay from his/her position shall not receive his/her salary for the duration of the suspension. Suspended employees will continue to accrue vacation and sick leave benefits for suspensions of thirty working days or fewer.

(Ord. 86-03-970 § 1 (part), 1986)

The salary of an employee who is demoted to a position in a class allocated to a lower salary range than the class in which he/she formerly occupied a position shall be determined as follows:

A. Involuntary Demotion. An employee who is involuntarily demoted to a position in a class allocated to a lower salary range than the class in which he/she formerly occupied a position shall have his/her monthly salary reduced to the nearest lower monthly salary rate in the salary range for the class to which he/she has been demoted. In lieu of a reduction in salary, the city manager may approve a "Y" rate for the employee. He/she shall not be required to serve a probationary period in the lower position unless he/she has not completed his/her initial probationary period as required by this chapter. In such case, he/she will be required to complete his/her probationary period in the lower position. The employee shall retain the salary anniversary date he/she had in the higher position.

B. Voluntary Demotion. An employee who is demoted at his/her own request to a position in a class allocated to a lower salary range than the class in which he/she formerly occupied a position shall have his/her monthly salary reduced to the nearest lower monthly salary in the salary range for the class to which he/she has been demoted. In lieu of a reduction in salary, the city manager may approve a "Y" rate for the employee. He/she shall not be required to serve a probationary period in the lower position unless he/she has not completed his/her initial probationary period as required by this chapter. In such case, he/she will be required to complete his/her probationary period in the lower position. The employee shall retain the salary anniversary date he/she had in the higher position.

(Ord. 86-03-970 § 1 (part), 1986)

Whenever a classification is reallocated to a new salary range, the salary of any employee in that classification (except an employee in an acting capacity) shall be determined as follows:

A. Allocation to a Higher Salary Range. If the class is reallocated to a higher salary range, the employee shall be compensated at the step in the new salary range which is most nearly equivalent to what he/she was receiving in the range to which the class was previously allocated. With the approval of the personnel officer, the employee may be compensated at the same step in the new salary range as he/she was receiving at the range to which the class was previously allocated. The employee's anniversary date shall not change.

B. Allocation to a Lower Range. If the class is reallocated to a lower salary range the salary of the employee shall not change unless it is greater than the maximum step of the lower salary range, in which case, it shall be reduced to the maximum step of the new range. In lieu of a reduction in salary, the city manager may approve a "Y" rate for the employee. The employee's salary anniversary date shall not change.

(Ord. 86-03-970 § 1 (part), 1986)

The salary of an employee in a position that is reclassified shall be determined as follows:

A. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary range and salary anniversary date of the employee shall not change. This provision shall also apply to the change of class title, provided there is no change in the basic duties of the position.

B. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous classification, and if the incumbent is appointed to the reclassified position, he/she shall be compensated at the step in the new salary range which comes nearest to but not less than five percent higher than the step he/she held in the previous salary range. The salary anniversary date shall be established in accordance with Section 2.80.215. The salary of the employee serving in an acting capacity shall be reestablished based on the provisions concerning appointments to acting positions.

C. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, his/her salary shall not change unless it is greater than the maximum step of the lower salary range, in which case it shall be reduced to the maximum step of the new range. In lieu of a reduction in salary, the city manager may approve a "Y" rate for the employee. The incumbent's salary anniversary date shall not change. The salary of the employee serving in an acting capacity shall be reestablished based on the provisions concerning appointments to acting positions.

(Ord. 86-03-970 § 1 (part), 1986)

Notwithstanding anything in this chapter to the contrary, the city council may by resolution, upon recommendation of the city manager, specify that the incumbent of a particular position shall occupy a step on the salary range for that class either higher or lower than that provided for elsewhere in this chapter.

(Ord. 86-03-970 § 1 (part), 1986)

Notwithstanding anything in this chapter to the contrary, when in the judgment of the city council it becomes necessary or desirable to utilize the service of city employees in capacities other than those for which they are regularly employed, the city council may, by minute order, so authorize and fix an additional rate of compensation for such employees, and they shall be paid in accordance with the provisions of this chapter.

(Ord. 86-03-970 § 1 (part), 1986)

All positions to be filled competitively in the classified service shall be publicized by posting announcements on the city's official bulletin board, or in such other places as the civil service commission deems advisable. The announcements shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the date, time, place and manner of making applications; the closing date for receiving applications; the minimum requirements for the position; and other pertinent information. Special recruitment methods may be utilized as necessary to insure that the employment needs of the city are met.

(Ord. 86-03-970 § 1 (part), 1986)

Applications shall be made on forms provided by the personnel officer. Such forms shall require information covering training, experience, and other pertinent information as deemed necessary by the personnel officer. All applications must be signed by the person applying. Applications received at times other than following announcements as set forth above shall be destroyed or returned to the applicant at the discretion of the personnel officer.

(Ord. 86-03-970 § 1 (part), 1986)

A. The personnel officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or when the application is not properly completed. Applications shall also be rejected if the applicant is physically unfit for the performance of duties of the position to which he/she seeks appointment; is addicted to the habitual use of drugs or intoxicating liquor; has been convicted of a crime which would impede his/her ability to perform the job for which he/she is applying; is not legally permitted to work within the United States; has made any false statement of any material fact or practiced or attempted to practice any deception or fraud in his/her application; or other reasons which would indicate that the applicant is unfit for the position. Whenever an application is rejected, notice of such rejection shall be mailed to the applicant by the personnel officer. Defective applications may be returned to the applicant with notice to amend same providing the time limit for receiving applications has not expired.

B. As part of the review of an application, the personnel officer is empowered to obtain summary criminal history information and local summary criminal history information, as defined in Sections 11105 and 13300 of the California Penal Code, for the sole purpose of determining whether or not an applicant is addicted to the habitual or excessive use of drugs or intoxicating liquor, or has been convicted of a crime which would impede his/her ability to perform the job for which he/she is applying.

(Ord. 86-03-970 § 1 (part), 1986)

The city requires that all applicants and employees be in such physical or mental condition to perform the duties of their jobs and may require periodic medical or psychological evaluation. No employee shall hold any position in a classification in which he/she cannot physically or mentally perform all the duties of the job adequately or without hazard to the employee or others. Within the limitations indicated, the city's policy shall be to make such efforts as are consistent with the provisions of these rules and regulations to place physically disabled employees in such positions as are available in the city service where their disabilities will not affect their performance of duties. A disabled employee's length of service, nature of past performance, and the availability of openings may be considered in placing him or her.

(Ord. 86-03-970 § 1 (part), 1986)

Examinations for employment shall be competitive and shall include any technique which, in the opinion of the civil service commission, fairly measures the job related qualifications of applicants. These may include written tests, interviews, performance tests, assessment centers, physical ability tests, prior training, experience and education, or any combination of the above. The city may contract with any competent agency or individual for the performance by such agency or individual of the responsibility for giving or scoring examinations.

(Ord. 86-03-970 § 1 (part), 1986)

A. In all examinations the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified information. Failure in one part of the examination may be grounds for disqualifying the applicant from further consideration for the position or from subsequent parts of an examination.

B. Prior to appointment to a position in the competitive service, a person may be required to pass a medical and/or physical examination to the satisfaction of the personnel officer. The scope and type of examination is to be determined by the personnel officer. If a person fails to pass such an examination, he/she may be disqualified from consideration for employment.

(Ord. 86-03-970 § 1 (part), 1986)

A. Eligibility lists will be established following examinations listing the names of those applicants who qualified in the examination, arranged in order of the scores received. These applicants will be considered qualified for appointment, pending further review by the appointing power and other qualifying procedures such as background investigations, reference checks, polygraph, and medical examinations. Eligibility lists shall be valid and in effect for a period of one year. An eligibility list may be extended by action of the personnel officer for additional six month periods, but in no event shall a list remain in effect for more than two years. If fewer than three qualified applicants are available for appointment, the personnel officer may declare the list invalid and announce a new recruitment and examination period. Names of those not chosen from an eligibility list that is less than one year old may be merged with names on a newly established list for the same classification, but such names shall not remain on the new list for more than twelve months from the date of the applicant's original examination.

B. The personnel officer shall remove names from an eligibility list for any of the following reasons:

1. If an eligible requests orally or in writing that his/her name be removed;

2. If an eligible fails to accept an offer of employment within ten days following the forwarding of such offer;

3. If an eligible on a promotional list resigns from the service;

4. If an eligible in a medical examiner's opinion does not meet the physical, medical or mental parameters established for the position;

5. If a person on the eligibility list leaves no forwarding address at which he/she can be contacted by registered mail;

6. If an appointing power can demonstrate that the eligible would be incompatible with the city service as ascertained through background investigations;

7. When a person's name is removed from an eligibility list by the personnel office, the civil service commission shall be informed with the reason for the removal at its next regularly scheduled meeting.

(Ord. 86-03-970 § 1 (part), 1986)

Every applicant taking part in the examination process shall be given written notice of the results. Any applicant shall have the right to review his/her own test results within five working days after notification of the examination results. An error in rating or grading, called to the attention of the personnel officer within one month after the effective date of the eligibility list, shall be corrected. Any correction shall not, however, invalidate certification of an appointment previously made.

(Ord. 86-03-970 § 1 (part), 1986)

A. All original and promotional appointments shall be tentative and subject to a probationary period of not fewer than twelve months.

B. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of work. A department head may recommend, and the city manager may extend, an employee's probationary period by a maximum of six months, in three-month increments.

C. Probationary employees do not have property or vested rights to their positions with the city. During the probationary period, an employee may be rejected at any time by the appointing power without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy shall be filed with the personnel officer.

D. If the service of the probationary employee has been satisfactory, then the appointing power shall file with the personnel officer a statement to that effect.

E. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he/she was promoted unless charges are filed and he/she is discharged in the manner provided in this chapter for positions in the competitive service.

(Ord. 86-03-970 § 1 (part), 1986)

A. A report of performance of each probationary employee shall be made every three months by the respective department heads or their designees on a form provided by the personnel officer. A performance report for regular employees shall be prepared within thirty days prior to the salary anniversary date each year. In addition, a report may be prepared at any time at the discretion of the employee's supervisor.

B. Each performance evaluation shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement. The employee shall sign the performance report to acknowledge that he/she is aware of its contents and has discussed the report with the evaluator. The employee's signature does not imply that he/she fully agrees with the contents of the report.

C. Reports shall be prepared with a copy to the employee, the department's file, and to the personnel officer for retention in the employee's employment history file.

(Ord. 86-03-970 § 1 (part), 1986)

A. For reasons of economy or efficiency, reductions or elimination of city services may be required, and it may be necessary to layoff one or more city employees. The layoff procedure is intended to give consideration to both seniority and competency whenever the layoff of employees is necessary.

B. 1. Determination of a need for layoff will be made by the city council. Classifications to be affected and the number of employees included will be determined by the city council.

2. Within the classification, employees will be ranked by seniority and ranked by competency. After six months, an employee carries seniority in the new position with him/her into the new classification. Seniority is computed from the date of probationary appointment to a full-time position.

C. 1. The department head will determine, based upon official personnel records, and/or qualified testing procedures, where applicable, the individual selected for layoff in the classification. The department head will equally consider both the seniority and competency of the individual in making this determination utilizing the following formula:

Seniority Formula:

Seniority + Competency ÷ 2 (Number of Categories) = Average Ranking

Example:

2. Employee B would be the employee selected to be laid off in this classification. If employee B chooses to bump into a lower classification, he/she would be given a competency factor equal to the average for the new classification. In the event of equal average ranking scores, seniority will be used to determine selection.

3. An individual laid off from a particular classification may "bump" into a classification for which he/she is qualified (qualification is presumed where the person has held the position previously with the city or where a lower position is in a normal line of promotion). After an employee is informed of an impending layoff or "bump down," he/she must inform the personnel officer within five working days of his/her intent to take the option of the layoff or the "bump down." The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification.

4. The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists in the order of their competency, from highest to lowest. Such names shall remain thereon for a period of one year unless such persons are sooner reemployed.

5. When a reemployment list is to be used to fill vacancies, the personnel officer shall certify from the top of such lists the number of names equal to the number of vacancies. An employee who is reemployed shall receive credit for former service for purposes of seniority, benefit compensation, and salary advancement.

(Ord. 86-03-970 § 1 (part), 1986)

A. Every employee is required to provide good conduct and fit and efficient service.

B. An employee may be disciplined for any of the following reasons: dishonesty; incompetency; inefficiency; neglect of duty; insubordination; disruptive or disorderly conduct; unexcused absence; drunkenness; drug/alcohol addiction; disability resulting from other than work-related cause; discourtesy to the public or fellow employees; misuse, abuse, or misappropriation of city property or equipment; engaging in inconsistent or incompatible employment; violation of the conflict of interest code; conviction of a felony or misdemeanor involving moral turpitude, immorality or other cause related to job performance; violation of this chapter or the policies, orders, rules, regulations or guidelines established by the city; and other acts which are incompatible with service to the public.

C. Notwithstanding anything in this chapter to the contrary, any probationary employee, and any other employee as specified in subsection B of Section 2.80.120, may be discharged either with or without cause or subjected to other disciplinary measures, and shall have no right of hearing or appeal.

(Ord. 86-03-970 § 1 (part), 1986)

A. Disciplinary action shall be administered equitably. It is the policy of the city that in taking disciplinary action, the severity of the discipline imposed shall be commensurate with the seriousness of the offense and with due consideration to the employee's prior performance record. It is further the policy of the city that a system of progressive discipline be utilized with the objective of correcting inappropriate employee conduct.

B. Disciplinary actions, which may be taken for any of the reasons provided in Section 2.80.500, listed generally in order of severity are as follows: reprimand; suspension; reduction in salary; demotion and dismissal. These disciplinary actions are defined in Section 2.80.025.

C. For nondisciplinary purposes, the department head, or, in the case of an emergency, a supervisor, may suspend an employee with pay and without complying with the procedures of Section 2.80.520 in the following circumstances:

1. In an emergency when life, property, or employee safety is endangered or the self-control of the employee is questionable, and suspension is necessary to reduce or eliminate the danger or to establish control; or

2. When an investigation is being made of the circumstances surrounding a possible disciplinary action, and the presence of the employee would interfere with such investigation.

The personnel officer immediately shall be advised of the foregoing actions. In the event that the department head proposes to convert the nondisciplinary suspension into a disciplinary suspension without pay or take any other disciplinary action, prior to taking such action, the department head shall comply with all provisions of Section 2.80.520 and the employee shall have all rights thereunder, including the right of appeal.

(Ord. 86-03-970 § 1 (part), 1986)

A. Counseling. To the degree possible, a supervisor should assist the employee in resolving discipline problems through discussion and counseling.

B. Party Imposing Discipline. Unless otherwise specified, the party authorized to impose discipline shall be the department head. In the case of any member of the staff of the city manager's office, the city manager shall, for the purpose of this section, be considered to be a department head. Although no right of appeal exists from the decision of the department head to the city manager, the city manager may, on his own motion, reverse or modify the decision of the department head, so long as the city manager acts prior to the decision's becoming effective.

C. Notice of Proposed Discipline. Except for written reprimands, nondisciplinary suspensions, or as otherwise provided herein, no disciplinary action may be taken without giving the employee written notice of the proposed disciplinary action not fewer than five working days prior to the proposed effective date of such action. The notice shall contain a description of the events which necessitated the disciplinary action, a statement of the charges, notification that the employee may review available materials leading to the disciplinary action, a statement of the employee's right to meet with the department head and/or respond in writing prior to the effective date of the discipline, notice of possible further action(s) in the event corrective action by the employee does not occur, if applicable, and a description of the appeal procedure. The department head shall advise the personnel officer in writing of his/her intention to take such disciplinary action prior to taking such action.

D. Employee's Opportunity to Respond. Within the time set forth in the notice, as described in subsection C of this section, the employee may either request a meeting with the department head and/or respond in writing. An employee's opportunity to respond to the department head is not intended to be an adversarial hearing, although the employee has a right to have a representative or counselor present. The employee need not be given the opportunity to present or cross-examine witnesses or present a formal evidentiary case, but shall have the opportunity to present a response.

E. Decision. If the employee does not respond to the notice, the decision shall be effective on the date stated in the notice. If the employee does respond, the department head shall evaluate the proposed discipline in light of the employee's response and shall initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of the department head's information leading to the discipline proposal. The decision shall contain the applicable information previously set forth in subsection C of this section, and set forth the department head's evaluation of the employee's response and further investigation if such was necessary. The decision shall be signed by the department head and personnel officer and shall clearly inform the employee that he/she has the right, within five working days after receipt of the decision, to request a hearing on the charges before the civil service commission by filing a written request with the personnel officer.

F. Appeal. Within five days of receipt of the decision, the employee may appeal by giving written notice of appeal to the personnel officer. Thereafter the civil service commission shall hold a hearing on such appeal. The date for commencement of the hearing shall be not fewer than ten days, nor more than thirty days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven calendar days prior to the hearing.

G. Finality. If within the five-day appeal period the employee involved does not file said appeal, the decision shall be final.

H. Notices. All notices required to be given hereunder, will be given to the employee in person, whenever possible and the employee's signature obtained to indicate receipt. In the absence of personal service, the notice may be sent by registered mail to the employee's last known address.

I. Waiver. Failure of the employee to take any action required by this section within the time limits permitted therefor shall be deemed a waiver of all further rights of appeal.

(Ord. 86-03-970 § 1 (part), 1986)

A. The civil service commission shall hear all appeals. Three members of the commission shall constitute a quorum for the purpose of conducting a hearing on any appeal, provided that no commission member may vote on the decision if absent from a part of the hearing unless such commission member certifies that he/she has listened to or read the transcript of the entire proceedings.

B. All hearings shall be open to the public provided, however, that the commission shall, at the request of the employee, exclude the public from all or any portion of such hearings. The commission may, at its discretion, exclude the public from any portion of the hearings.

C. The chairman shall issue subpoenas on behalf of the commission under the authority of the city council. Subpoenas pertaining to a hearing shall be issued at the request of either party prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the commission.

D. The commission shall select a presiding officer for every hearing from among its membership.

E. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. Decisions made by the commission shall not be invalidated by any informality in the proceedings, and the commission shall not be bound by technical rules of evidence.

F. The presiding officer shall rule on the admission or exclusion of evidence with or without the assistance of the legal advisor to the commission.

G. Each party shall have these rights: To be represented by legal counsel or other person of his or her choice; to call and cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her.

H. Oral evidence shall be taken only on oath or affirmation.

I. 1. With respect to any matters set for hearing, both parties shall confer no later than ten business days prior to the date for the hearing for the purpose of agreeing to a statement in writing setting forth the specific facts or contentions in issue. The party imposing the discipline shall have the burden of proof and shall initiate the contact with the opposing party. The statement must be filed with the commission not later than five business days prior to the hearing and shall include an estimate of the time required for the hearing. The commission may also require such additional matters in the written statement as it deems appropriate. The commission may issue such orders as are necessary to assure that both parties attend the prehearing conference and cooperate in preparation of the statement in writing. If either party does not attend the prehearing conference and participate in attempting the preparation of the statement in writing, the commission may accept the statement of the other party as to the facts and contentions in issue to the extent such statement conforms to the scope of the hearing.

2. If the parties fail to reach agreement, then each party must file a written statement with the commission. The commission shall rule on all disputes, and announce the rulings to the parties as the first order of business in the hearing.

J. The hearing shall proceed as follows, unless the commission otherwise directs:

1. Final stipulations of facts or issues shall be disseminated to the parties;

2. In the event that the prehearing conference between the parties has resulted in disputes, the commission shall rule on those disputes as provided in subsection I;

• 3. The party imposing discipline shall be permitted to make an opening statement;
• 4. The appealing party shall be permitted to make an opening statement;
• 5. The party imposing disciplinary action shall produce the evidence on his/her part;

6. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof;

7. The parties may then, in order, respectively, offer rebutting evidence only, unless the commission, for good reason, permits them to offer evidence upon their original cases;

8. Closing arguments shall be allowed at all commission hearings.

K. The commission shall determine relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence.

L. The commission may, and shall if requested by the disciplining party or the appealing employee, subpoena witnesses at no loss of compensation to a city employee, and/or require the production of records or other material evidence as authorized by law.

M. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing, unless the commission, in its discretion, for good cause, otherwise directs.

N. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during the hearing.

O. The costs of a court reporter during the hearing shall be borne equally by the parties.

P. The commission, prior to or during a hearing, may grant a continuance for any reason it believes to be important to its reaching a fair and proper decision.

Q. Whether the hearing is held in a public or closed session, the commission, after it concludes the hearing, may deliberate its decision in closed session. Members of the commission may request the attendance of the commission's legal counsel to a discussion solely for the purpose of rendering legal advice to the commission.

R. The commission shall render its judgement as soon after the conclusion of the hearing as possible and in no event later than ten working days after conducting the hearing. Its decision shall set forth which charges, if any, are sustained and the reasons therefor.

S. The commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the department head.

T. The commission's order of judgement shall be filed with the charged employee and the city manager, and shall set forth its findings and decisions. Any member of the commission may submit a minority or supplemental finding and recommendations. If a dismissal is not sustained, the commission's order shall set forth the effective date the employee is to return to work, which may be any time on or after the date of disciplinary action. An employee who returns to work under the provisions of this section shall not be discriminated against in any manner with respect to benefit accrual, prior service, or seniority.

U. The civil service commission's decision shall be final unless overturned or modified by a four-fifths vote of the city council.

(Ord. 91-08-1111 § 5; Ord. 86-04-970 § 1 (part), 1986)

A. The civil service commission's decision shall be transmitted to the city council by the city manager immediately following its issuance by the commission. The city council shall, at its next regularly scheduled city council meeting, occurring not less than five days after receipt of said decision, either:

1. Receive and file and commission decision;

2. Announce its intent to review the commission's findings.

B. If a majority of the city council decides to review the commission's decision, that review shall be of the record prepared of the commission's proceedings only. No new evidence shall be introduced, nor shall examinations of witnesses be permitted.

C. Following a review of the commission's decision, the city council may sustain, reject or modify the disciplinary action invoked against the employee by the department head or the civil service commission. It may not provide for discipline more stringent than that invoked by the department head. The decision of the city council shall be final.

(Ord. 86-03-970 § 1 (part), 1986)

A. Permanent sworn police personnel shall have the right to appeal a probationary demotion or reassignment in the following manner:

1. Following a review of the proposed action by the employee's immediate supervisor and appointing power, the personnel officer shall serve or cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the appointing power of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within five working days after receipt of this notice, to request an informal hearing on the action by filing a request with the personnel officer.

2. If within the five-day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the city shall be considered conclusive and shall take effect as prescribed.

3. If within the five-day appeal period the employee involved files such notice of appeal by giving written notice of appeal to the personnel officer, a time for an appeal hearing before the city manager shall be established. The date for a hearing shall not be fewer than ten days, nor more than thirty days, from the date of the filing of the appeal, unless the parties shall be notified in writing of the date, time, and place of the hearing at least seven calendar days prior to the hearing.

4. The city manager shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at that party's expense.

B. Within ten working days after the conclusion of the hearing, the city manager shall deliver to the employee a written decision which shall either (1) affirm the decision, (2) modify it by (a) holding that certain charges were not established by a preponderance of the evidence and/or (b) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 of the California Code of Civil Procedure.

C. Exempt employees, disciplined entry level probationary employees, or persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action under these rules. In the event that any right to appeal is mandated by either the Legislature, or the California Supreme Court, the appeal procedure described in subsection A3 of this section shall be the appropriate procedure to be followed.

(Ord. 86-03-970 § 1 (part), 1986)

The purpose and objectives of the grievance procedure are to:

A. Assure fair and equitable treatment of all employees and promote harmonious relations among employees and their supervisors;

B. Afford employees a written and simple means of obtaining consideration of their grievances by informal means at the supervisory level and review of the supervisor's decisions;

C. Resolve grievances as quickly as possible and correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.

(Ord. 86-03-970 § 1 (part), 1986)

A. Informal Resolution.

1. Within ten days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor.

2. Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances be settled quickly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision.

B. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven calendar days from the date of receiving the answer from his/her supervisor, request and be granted an interview with the division head, if one exists, in order to discuss the grievance.

C. If the division head and employee cannot reach a solution to the grievance, the employee may, within seven calendar days from the date of receiving the answer from the division head, request in writing and be granted an interview with the department head.

D. The department head shall render his/her decision in writing within fifteen calendar days of receiving the appeal. If the department head and employee are unable to arrive at a satisfactory solution, the employee may, within ten calendar days from the date of the decision by the department head, submit a written appeal to the city manager.

E. The city manager shall review the grievance and respond to the employee within twenty calendar days of receiving the appeal. The response shall be in writing, will be considered an expression of management's viewpoint, and shall be final.

(Ord. 86-03-970 § 1 (part), 1986)

A. An employee may request representation by the appropriate employee association at any stage of the grievance procedure.

B. The grievant and designated association representative shall receive release time for the purpose of representing the grievant in conference at any step, but in no way shall release time be granted for purposes of gathering information, interviewing witnesses, or preparing a presentation.

C. Association representation shall be limited to one person and shall not inordinately interfere with the normal course of city business.

(Ord. 86-03-970 § 1 (part), 1986)

A. Each employee must submit his or her grievance in writing. At the discretion of the city, individual grievances may be treated as a single grievance for a class.

B. Resolution of a class grievance may not be consistent among all grievants in the class grievance due to differences in the circumstances or occurrences that brought about the grievance.

(Ord. 86-03-970 § 1 (part), 1986)

A. Failure by a grievant to meet a deadline set forth in this procedure shall terminate the grievance and the grievant shall not have a right to refile on the same set of facts.

B. Failure by the city to meet a deadline shall give the grievant the right to proceed to the next step.

C. Time limits in this procedure may be extended by mutual written agreement between the grievant and the city.

(Ord. 86-03-970 § 1 (part), 1986)

Any grievance may be withdrawn by the grievant at any time in writing. Withdrawal of a grievance shall be with prejudice and shall remove the right of the grievant to refile on the same set of facts.

(Ord. 86-03-970 § 1 (part), 1986)

No grievant shall be subject to coercion or disciplinary action for discussing a complaint with his/her immediate supervisor or for the good faith filing of a grievance.

(Ord. 86-03-970 § 1 (part), 1986)

Proposed amendments to this chapter shall be submitted to the city manager and civil service commission for review and recommendation prior to submittal to the city council. Advance notice shall be given to recognized employee organizations of any amendments which affect wages, hours, and other terms and conditions of employment. Upon request, the city manager shall provide the opportunity to consult with any employee organization so requesting, regarding amendments affecting wages, hours, and other terms and conditions of employment. As provided in Section 3500, et seq. of the Government Code, in cases of emergency, when the city council determines that amendment(s) to these rules must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of the amendment(s). Amendments shall become effective upon adoption by the city council.

(Ord. 86-03-970 § 1 (part), 1986)