Article VIII — CIVIL SERVICE SYSTEM

SECTION 800. - Civil Service System; Created.

There is hereby created a civil service system for the City of Whittier. The purposes of such system shall be as follows:

(1)

To establish an equitable and uniform procedure for dealing with all personnel affairs; and

(2)

To attract to the city's employment, the best and most competent persons available therefor; and

(3)

To assure that appointments and promotions of employees will be based upon merit and fitness as determined by competitive examinations; and

(4)

To provide a reasonable degree of job security for qualified employees.

The provisions of this article shall be liberally construed to effectuate the foregoing.

SECTION 801. - Classified and Unclassified Services.

All employees and officers of the city's shall be included within either the classified or unclassified services, as follows:

(1)

Unclassified service. The unclassified service of the city shall include the following:

(a)

All elective officers;

(b)

City manager, assistant city manager, if any, one private secretary to the city manager, city attorney, assistant city attorney, if any, city clerk, city treasurer, controller, city engineer, all department heads designated as such on the city's table of organization, all employees of the library department [6]

(c)

All members of boards and commissions; and

(d)

Positions in any class or grade created for a temporary purpose; and

(e)

Persons employed by written agreement, to render professional, scientific, technical or expert services; and

(f)

Persons employed on a part-time basis; and

(g)

Any new position hereafter created by the city council, unless declared by the city council to be in the classified service at the time of creation or thereafter. Appointments and dismissals as to positions in the unclassified service shall be made as provided for in this charter, or if not referred to herein, in the manner established by the city council.

(2)

Classified service. The classified service shall consist of all those positions of employment with the city other than those referred to in sub-paragraph (1) hereof.

(Memo of 6-22-15)

Note— Library department employees in Level IV management positions and below are in classified service to be consistent with federal Fair Labor Standards law, including, but not limited to, the librarian;

SECTION 802. - Status of Present Personnel.

Any person holding a position as an officer or employee of the city, as of the effective date of this charter, or any amendment to this article, shall maintain and carry forward his/her classification and status, whether provisional, acting, probationary, permanent or otherwise, notwithstanding adoption of such amendment hereto; provided such classification and status shall, hereafter, be held subject to the provisions of this charter and any other implementing ordinance, rule or regulation applicable thereto.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 803. - Appointment to Positions in the Unclassified Service.

In the event that any person holding a position in the classified service of the city, accepts an appointment to a position in the unclassified service, and, within 180 days after the effective date of such appointment, is removed or resigns therefrom, such person shall, upon his/her written request therefor, automatically revert to his/her former position in the classified service, provided, that if such person is removed from his/her unclassified position, specifically, by reason of

an act for which disciplinary action could have been taken if such person held a position in the classified service at such time, in which event, such person shall be subject to the imposition of disciplinary action, in the time and manner set forth in section 804 hereof.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 804. - Disciplinary Proceedings.

The provisions of this section shall apply only to persons in the classified service of the city. Any such person shall be subject to the imposition of disciplinary action, taken in accordance with the provisions of this section, and any lawful ordinance, rule or regulation implementing the same.

(1)

Definitions. The words and phrases herein after set forth shall be defined, for the purpose of this section, in the manner indicated.

(a)

Appointing authority shall mean those department heads and/or supervisors designated as appointing authorities in the city's approved table of organization; and

(b)

Classified service shall mean those persons employed by the city in a position included within the classified service created by the provisions of this article, and

(c)

City shall mean the City of Whittier, and

(d)

City clerk shall mean the duly appointed, acting and qualified city clerk of the city; and

(e)

City council shall mean the duly elected and qualified city council of the city; and

(f)

City manager shall mean the duly appointed, acting and qualified city manager of the city; and

(g)

Disciplinary action shall mean action taken by an appointing authority with reference to an employee within the classified service, for cause, which involves, as to such employee, his/her temporary suspension from duty without pay, and/or his/her demotion, and/or a reduction in pay, or dismissal, imposed for all or any of the causes referred to in subparagraph (2) of this section, and

(h)

Personnel board or board shall mean the body referred to in section 709 of article VII of this charter, and

(i)

Secretary of the board shall mean the duly appointed secretary of the personnel board, and

(j)

Serve or service, when referring to a written document, shall mean the personal delivery thereof, to the addressee, or the deposit of the same in the course of transmission of the United States Postal Service, postage prepaid, addressed to such person at his/her last known address. Service shall be deemed completed as of the date of the physical delivery of the document, or, as of the date of deposit of the same with said postal service.

(2)

Imposition of disciplinary action Disciplinary action shall not be imposed upon any officer or employee whose position is included within the classified service, except for one or more of the following causes:

(a)

Absence without leave; or

(b)

Discourteous treatment of the public or fellow employees; or

(c)

Dishonesty; or

(d)

Final conviction of any crime involving moral turpitude; or

(e)

Physical or mental inability to perform his/her duties; or

(f)

Habitual intemperance; or

(g)

Immoral conduct; or

(h)

Inattention to duties; or

(i)

Incompetence; or

(j)

Insubordination; or

(k)

Intoxication while on duty occasioned by alcoholic beverage or drugs; or

(1)

Any act, or a failure to act, where a duty to act exists, which brings discredit upon the city.

(3)

Discipline Procedure.

(a)

Appeal to city manager. When an appointing authority determines that disciplinary action should be taken against an employee, he/she shall serve the employee with a written statement consisting of the charges and the disciplinary action imposed. The disciplinary action, as taken, shall be final and conclusive unless, within ten (10) days after the service of such written statement, the affected employee files with the city manager, a written letter of appeal, appealing the appointing authority's decision imposing such disciplinary action. Within not to exceed 30 days after receipt by the city manager of such a written appeal, he/she shall set a time and place for an informal hearing upon such appeal, and serve notice thereof upon the affected employee, the appointing authority, and any other person requesting such notice. At such time and place, the city manager shall conduct an informal hearing and shall consider all relevant oral and documentary evidence presented thereat for the purpose of determining whether the disciplinary action, as taken, is supported, factually, by the evidence presented and is in accordance with this charter and any other ordinance, rule or regulation implementing the same. The city manager, as a result of the evidence presented at such hearing, shall affirm, overrule or modify, in whole or in part, the action taken by the appointing authority. The city manager shall render his/her decision in written form, containing findings of fact in support of his/her decision. The city manager shall, within five (5) calendar days after the rendering of such decision, serve a copy thereof upon the employee, the appointing authority and any other person requesting the same. The decision of the city manager shall be final and conclusive in the absence of an appeal taken in the time and manner hereafter provided.

(b)

Appeal to personnel board. Any decision of the city manager, as hereinabove described, shall be subject to an appeal to the personnel board. An appeal to said board shall be perfected by the filing, with the city clerk, of a written letter of appeal, executed by the affected employee, appealing the decision of the city manager to said board. Said written letter of appeal shall briefly outline the basis thereof and shall be filed within ten (10) days after service of the city manager's said decision upon such affected employee. Upon receipt of a timely letter of appeal, the city clerk shall, forthwith, transmit such appeal to the secretary of the board who shall set the matter for hearing at the next most convenient meeting of the personnel. The secretary of the board shall give not less than five (5) days written notice to the affected employee, the city manager, the appointing authority and any other person requesting the same, of the time and place of such hearing. At the time and place of such hearing the personnel board shall conduct a de novo hearing in order to determine whether the decision of the appointing authority as approved or modified by the city manager is supported by the evidence presented and is consistent with the provisions of this charter and any implementing ordinance, rule or regulation applicable thereto.

The proceeding before the personnel board shall be conducted in accordance with the provisions of the Ralph M. Brown Act, and such other rule of procedure consistent therewith, as the board may adopt. The board shall give all interested parties a reasonable opportunity to be heard on relevant issues, provided, that the rules of evidence utilized in judicial proceedings shall not apply to such proceedings, but the board shall observe the substance of such rules to the end that the matter before it can be fairly determined upon reliable evidentiary matters. At the conclusion of such hearing, the personnel board, based solely upon the evidence presented to it, by resolution, shall affirm, overrule or modify, in whole or in part, the determination made by the city manager. The secretary of the board shall give written notice to the affected employee, the city manager, the appointing authority and any other person requesting the same, of the decision of the personnel board with regard to such matter. The decision of the board shall be final and conclusive in the absence of an appeal taken at the time and manner hereinafter provided.

(c)

Appeal to the city council. Any decision of the personnel board with regard to disciplinary action shall be subject to an appeal to the city council either by the affected employee, or by the appointing authority with the approval of the city manager. An appeal to the city council shall be perfected by the filing with the city clerk, within ten (10) days after the service of notice of the personnel board's action, of a written letter of appeal, and the payment of a fee, in an amount established by the city clerk, sufficient to defray the cost of preparation of a transcript of the board's proceedings. Where the appeal is taken by the appointing authority, the transcript cost shall be a proper charge against the city. Such an appeal shall contain a request by the appealing party for the city council, alternatively:

(1)

To conduct a de novo public hearing upon such matter; or

(2)

To review the said decision of the personnel board based solely upon the transcript of the proceedings before the board, together with written arguments relating thereto submitted by the affected employee and/or the appointing authority; or

(3)

To review such matter based upon the transcript of the board's proceedings before the personnel board, together with additional evidence on specific issues.

As soon as possible after the receipt of such an appeal, the city clerk shall cause to be prepared, at the expense of the appealing party, a transcript of the board's proceedings, which transcript shall be transmitted to the city council. The council shall determine, based upon a review of the transcript, whether it will conduct a de novo public hearing, review the matter solely upon the transcript and written arguments, or upon the transcript together with a partial de novo hearing upon specific issues. The city council's determination as to which method of review shall be employed shall be final and conclusive. If a de novo hearing is to be held, or if a partial de novo hearing for the purpose of admitting additional evidence is to be conducted, the same shall be done only at a public hearing which shall be noticed in the time and manner, and conducted as in the case of an appeal to the personnel board. The decision of the city council, by resolution, shall be, expeditiously made and notice thereof. shall be served upon the affected employee, the secretary of the board, the city manager, the appointing authority and any such other person requesting written notice thereof. The action as taken by the council shall affirm, overrule or modify, in whole or in part, the decision reached by the personnel board. The decision of the city council shall be final and conclusive in all cases.

Where disciplinary action is taken involving suspension from duty, a reduction in pay, or a demotion, the action, as taken, shall be suspended during the pendency of the appellate process; provided that disciplinary action in the form of a dismissal, notwithstanding any appellate process, shall be effective from the date imposed by the appointing authority and such person shall be reinstated only if so ordered by an appellate authority.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 805. - Abolition of position.

Whenever in the judgment of the city council, it becomes necessary, in the interest of economy, efficiency or because the necessity for the position of employment involved no longer exists, the council may abolish any position or employment in the classified service. The city council shall accomplish such abolition by resolution, which shall set forth the reason or necessity which requires the same.

Whenever any position is abolished and the job classifications thereof are substantially the equivalent of another position within the city's service, the city manager shall demote or transfer the person or persons holding such position or positions, based upon their length of service with the city. Any employee terminated because of the abolition of

his/her position, shall be automatically reinstated if substantially the same position is recreated within one (1) year after such abolition.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 806. - Discrimination.

No person in the city's service or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, religious belief, sex or age, except that the city council may establish age limits for positions in the police and fire departments. [7]

(Memo of 6-22-15)

Note— The City no longer operates a fire department.

SECTION 807. - Absence because of injury.

Notwithstanding any other provision hereof, or any other rule or regulation, the absence of any officer or employee from his/her position, caused by injury or disease which entitles him/her to compensation pursuant to Section 3201 et seq. of the Labor Code of the State of California, shall not constitute a break in such person's continuous service for the purpose of salary adjustments, sick leave, vacation leave or seniority rights.

(Ord. No. 3112, § 2, 2-25-20)

SECTION 808. - Contract of performance of administrative functions.

The city council may contract with any person, including, but not limited to, another public agency, for the preparation and/or conduct of competitive examinations for positions in the city's classified service, or for the performance of any other personnel administrative service.

SECTION 809. - Implementation of Charter.

The city council shall, by ordinance, rule or regulation, implement the provisions of this article, as may be necessary, to carry out the purpose and intent hereof.