HomeMy WebLinkAboutCC Res 5446 2006-04-24
RESOLUTION NUMBER 5446
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH AMENDING THE CITY'S
PERSONNEL RULES AND REGULATIONS AND
INTRODUCE ORDINANCE NO. 1545 AMENDING
SEAL BEACH MUNICIPAL CODE CHAPTER 3.15
INCORPORATING CHANGES TO THE PERSONNEL
SYSTEM
WHEREAS, the voters of the City of Seal Beach voted to amend the Civil Service
System on March 28, 2006; and
WHEREAS, amendments are needed to the City's Personnel Rules and Regulations and
Municipal Code to incorporate sections in the City's charter governing the personnel
system and to designate the authority ofthe Civil Service Board to the Personnel Officer.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal Beach
hereby amends and adopts the City's Personnel Rules and Regulations and adopts an
ordinance incorporating changes to the Personnel System to the City's municipal code.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach on the 24th day of April , 2006 by the following vote:
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ABSENT:
Councilmembers
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AYES:
NOES:
Councilmembers
ABSTAIN:
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MAYOR
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City lerk
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Lind~ Devine, City Clerk of Seal Beach, Califomia, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5446 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach, at a regular meeting thereof held on the 24th day of April , 2006.
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PERSONNEL1~.:ut:~~ AND REGULATIONS
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AMENDED BY RESOLUTION NUMBER 5446
APRIL 24, 2006
Resolution Number 5446
TABLE OF CONTENTS
PAGE
SECTION 1: AUTHORITY AND PURPOSE............................................................................2
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1.0 I Authority ..................................................................................................... 2
1.02 Purpose........................................................................................................ 2
1.03 City Manager Authority.............................................................................. 2
1.04 Administrative Policies and Procedures ..................................................... 4
1.05 Conflict with Charter/Collective Bargaining Agreements.......................... 4
1.06 Severability .................................................................................................4
1.07 Emergency Situations ................................................................................. 4
I.OS Labor Relations ........................................................................................... 4
1.09 Applicability of Rules to Certain Exempt Positions ....................................4
SECTION 2: DEFINITION OF TERMS .................................................................................. 5
SECTION 3: CLASSIFICATION PLAN..................................................................................7
3.0 I Classifying Positions................................................................................... 7
3.02 Preparation and Maintenance......................................................................7
3.03 Adoption ..................................................................................................... 7
3.04 Interpretation of Classification Specifications............................................ 7
3.05 Reclassi fication ........................................................................................... 7
3.06 Status of Employee Occupying Reclassified Position................................ S
SECTION 4: RECRUITMENT AND SELECTION PROCESS.................................................... 8
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4.01 Nature of the Process .................................................................................. S
4.02 Commencing Recruitment .......................................................................... S
4.03 Announcement ............................................................................................ S
4.04 Applications ................................................................................................ S
4. OS Disquali fication........................................................................................... S
4.06 Withdrawal of Application or Candidacy................................................... S
4.07 Appointments .............................................................................................. S
4.0S Notice to Appointing Authority.................................................................. 9
4.09 Certification of Employment List ............................................................... 9
4.10 Probationary Appointment.......................................................................... 9
4.11 Alternate Employment Lists .....................................................................10
4.12 Provisional Appointment .......................................................................... 10
4.13 Appointment of Relatives ......................................................................... 10
SECTION 5: MEDICAL Ev ALVA TION PROCEDURES.......................................................... ] 0
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5.01 Physical Examination................................................................................ 10
5.02 New Hires or Re-Hires.............................................................................. 10
5.03 Promotion or Transfer............................................................................... 11
5.04 Failing the Physical Examination ............................................................. 11
5.05 Absence Due to II1ness or Physical Incapacity......................................... 11
5.06 Qualified Physician................................................................................... 11
5.07 City Financial ResponsibiIity.................................................................... II
5.0S General Requirements............................................................................... II
SECTION 6: PROBATION .................................................................................................. 11
6.01 Probationary Period .................................................................................. II
6.02 Exclusions from Probationary Period .......................................................12
6.03 Completion of Probation..................................................................... ...... 12
6.04 Extension of Probation.............................................................................. 12
6.05 Effect of Rejection During Probation ....................................................... 12
A. Initial Probationary Period ................................................................ 12
B. Promotional Probationary Period...................................................... 12
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Resolution Number 5446
6.06 Appointment to a Different Classification During Probation................... 12
6.07 Status of Present Employees ......................................................................13
SECTION 7: PERFORMANCE EVALUATION .....................................................................13
7.01 Performance Evaluation System ............................................................... 13
7 .02 Purpose...................................................................................................... 13
7.03 Preparation................................................................................................ 13
7.04 Presentation and Response........................................................................13
7 .05 Frequency.................................................................................................. 13
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SECTION 8: COMPENSATION ........................................................................................... 13
8.01 Compensation Plan ................................................................................... 13
8.02 Adoption and Amendment........................................................................ 13
8.03 Step Appointment ..................................................................................... 13
8.04 Salary at Promotion................................................................................... 14
8.05 Salary at Transfer ...................................................................................... 14
8.06 Salary at Demotion ................................................................................... 14
8.07 Salary Advancement ................................................................................. 14
8.08 Delay or Denial of Salary Advancement ..................................................14
8.09 Special Performance Advancement .......................................................... 14
8.10 Flexible Compensation Programs ............................................................. 14
8.11 Salary on Reemployment or Reinstatement.............................................. 14
8.12 Adjustments for Leave of Absence........................................................... 14
8.13 Administration .......................................................................................... 14
SECTION 9: EMPLOYMENT STANDARDS .........................................................................14
9.01 Outside Employment Policy..................................................................... 14
A. Outside Employment Permitted........................................................ 15
B. Notice ................................................................................................ IS
C. Employment While on Leave ........................................................... 15
D. Prohibitions ....................................................................................... 15
E. Department Rules.............................................................................. 16
9.02 Personnel Records..................................................................................... 16
A. Personnel File.................................................................................... 16
B. Personal Data .................................................................................... 16
C. Inspection and Copying .................................................................... 16
D. Removal............................................................................................ 16
E. Personnel Forms................................................................................ 16
9.03 Political Activity ....................................................................................... 16
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SECTION 10: LEAVES ......................................................................................................16
10.0 I Vacation ...................................................................................................... 16
A. Accrual.............................................................................................. 16
B. Use .................................................................................................... 17
C. Payment at Termination.................................................................... 17
D. Limitations ........................................................................................ 17
10.02 Sick Leave................................................................................................... 17
A. Accrual.............................................................................................. 17
B. Use .................................................................................................... 17
C. Purpose.............................................................................................. 17
D. Payment on Termination................................................................... 17
E. Verification .......................................................................................17
F. Substitution ....................................................................................... 17
G. Limitations ........................................................................................ 17
H. Sick Leave Abuse ............................................................................. 17
10.03 Family Care and Medical Leave ............................................................... 17
A. Eligibility .......................................................... ................................ 17
B. Use .................................................................................................... 17
C. Substitution ....................................................................................... 18
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City of Seal Beach
Personnel Rules & ReguIations-2006
Resolution Number 5446
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D. Duration of Leave ............................................................................. 18
E. Pay and Benefits ............................................................................... 18
F. Notice ................................................................................................ 18
G. Certification ......................................................................................19
10.04 Pregnancy Related Leaves ........................................................................20
A. Eligibility .......................................................................................... 20
B. Accommodation ................................................................................ 20
C. Substitution....................................................................................... 20
Other Provisions........................................................................................ 20
10.05 Other Disability Leaves ............................................................................ 20
10.06 Non-Medical Leaves of Absence.............................................................. 21
A. Non-Medical Leave of Absence Without Pay.................................. 21
B. Military Leave of Absence................................................................ 21
C. Jury and Witness Duty; Other Court Appearances ........................... 21
D. Leave for EducationallDaycare Purposes ......................................... 22
E. Leave for Volunteer Firefighter Duties............................................. 22
F. Voting Time Off ............................................................................... 22
G. Bereavement Leave....... ......... ....... ...... ........ ......... ....... ....22
10.07 Alternate Leave Programs and Provisions.................................................. 22
10.08 Sick Leave During Worker's Compensation ............................................. 22
SECTION 11 : TERMINATION ............................................................................................ 23
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11.01 Resignation ...............................................................................................23
11.02 Automatic Resignation..............................................................................23
11.03 Layoff........................................................................................................ 23
A. City Manager Authority.................................................................... 23
B. Order ................................................................................................. 23
C. Burnping............................................................................................ 23
D. Notice ................................................................................................ 24
E. Re-Employment ................................................................................24
F. No Right of Appeal...........................................................................24
11.04 Retirement............................................................................................,....24
11.05 Medical Separation ................................................................................... 24
11.06 Dismissal................................................................................................... 24
11.Q7 Abolition of Position by the City Council .................................................24
SECTION 12: DiSCIPLINE................................................................................................. 2S
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12.01 Action by City...........................................................................................25
12.02 Types of Disciplinary Action.................................................................... 25
12.03 Suspension .................................................................................................25
12.04 Administrative Leave ................................................................................ 25
12.05 Reasons for Discipline .............................................................................. 25
12.06 Request for Statement ofReason...............................................................26
12.07 Written Notice of Proposed Disciplinary Action...................................... 26
12.08 Appeals of Discipline................................................................................ 26
12.09 Scheduling................................................................................................. 26
12.1 0 Arbitration................................................................................................. 26
12.11 Burden of Proof......................................................................................... 27
12.12 Subpoenas ................................................................................................. 27
12.13 No Right of Appeal for Reprimands......................................................... 27
SECTION 13: HOURS OF WORK, OVERTIME, AND PREMIUM PAy................................. 27
13.01 Hours of Work ..........................................................................................27
13.02 Attendance ................................................................................................ 27
13.04 Timesheets ................................................................................................ 27
13.05 Overtime ................................................................................................... 27
13.06 Overtime Premium ..................................................................................... 27
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Resolution Number 5446
SECTION 14: COMPLAINT AND GRIEVANCE PROCEDURE.............................................. 28
14.01. Purpose of Grievance Procedure............................................................... 28
14.02 Grievance Procedure ................................................................................. 28
A. Informal Discussion of Grievance .................................................... 28
B. Formal Grievance Procedure ............................................................ 28
C. Time Limits....................................................................................... 29
D. Employee Rights ...............................................................................29
SECTION 15: PRESENTATIONS RELATED TO GENERAL CONDITIONS OF
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EMPLOYMENT ................................................................................................................... 30
15.01 Informal Groups and Individuals.............................................................. 30
15.02 Formally Organized Groups ..................................................................... 30
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
CITY OF SEAL BEACH
PERSONNEL RULES AND REGULATIONS
SECTION 1: AUTHORITY AND PURPOSE
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1.01 Authority. The City of Seal Beach is constituted and organized pursuant to the
Charter of the City of Seal Beach. The Charter authorizes the establishment of the Civil
Service System in Article IX of the Charter:
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"SECTION 900. Civil Service System. In order to: establish
an equitable and uniform procedure for dealing with
personnel and employment matters; attract to municipal
service the best and most competent persons available;
assure that appointments and promotions of employees will
be based on merit and fitness as determined by competitive
test; and provide a reasonable degree of security for
qualified employees, the City Council, by ordinance, may
establish a civil service system for City employees. The
civil service system may include provisions for: the method
of selection of city employees; the classification,
advancement, suspension, discharge and termination of city
employees; the consolidation and elimination of positions;
and other provisions as deemed reasonable and necessary to
govem personnel and employment matters of the City. The
City Council may further adopt personnel rules to
implement the provisions of any ordinance."
Civil Service. The provisions of this article shall apply to all departments, divisions, and
officers of the City govemment including therein all full-time employees of the City,
except that the foIlowing shall be exempt therefrom, to wit:
A. City Council Members;
B. Appointed Persons;
C. City Attomey;
D. City Manager;
E. City Clerk;
F. Department Heads;
G. Temporary, Seasonal, Part-time, and Hourly Employees;
H. Any Employee designated as exempt by City Ordinance;
I. Volunteers;
J. Independent Contractors.
1.02 Purpose. These rules establish specific procedures and regulations goveming the
civil service system established by the Charter and Municipal Code. Except as otherwise
expressly provided, these rules shall apply only to those employees occupying positions
in Classifications in the Competitive Service.
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1.03 City Manager Authority. The City Manager is the Personnel Officer and the
Appointing Authority, as those terms are used in the Charter, the Municipal Code, and
these Rules. The City Manager's power and duties as Personnel Officer are set forth as
follows:
Powers and Duties. The City Manager shall be the Head of the Administrative Branch
of the City government and shall be responsible to the City Council for the proper
administration of all affairs of the City. Without limiting the foregoing general grant of
powers, responsibilities, and duties, the City Manager shaIl have the power and be
required:
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City of Seal Beach
Personnel Rules & Regulal1ons-2006
Resolution Number 5446
A.
B.
C.
D.
To enforce all laws and ordinances of the City and to see that all
franchises, permits, and privileges granted by the City are faithfully
observed.
To exercise administrative control over all departments, divisions, and
employees of the City government, except the City Attorney and elected
City Clerk.
To organize or reorganize such offices, positions, departments, or units
under his/her direction as may be indicated in the interest of efficient,
effective, and economical conduct ofthe City's business.
To exercise all authority provided to the City Manager in the City of Seal
Beach Charter, Article VI and Article IX, and in the Municipal Code.
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Personnel Officer. The City Manager shall be ex officio Personnel Officer. With the
approval of the City Council, the City Manager may delegate any of the powers and
duties conferred upon himlher as PerSonnel Officer to any other officer or employee of
the City or may recommend that such powers and duties be performed under contract.
The City Manager shall:
A.
B.
C.
D.
E.
Administer all the provisions of the Personnel Rules and Regulations not
specifically reserved to the City Council.
Prepare and submit to the City Council revisions and amendments to the
Personnel Rules which have been approved by the City Attomey.
Prepare a position classification plan, including class specifications, and
revisions of the plan. The plan, and any revisions thereof, shall become
effective upon approval by the City Council.
To recommend a comprehensive salary plan for all City employees and to
recommend changes in line with current conditions.
To publish or post notices of tests for positions in the competitive service;
to receive applications therefore; to conduct and grade tests; to certify to
the appointing power a list of all persons eligible for appointment to the
appropriate position in the competitive service. The Personnel Officer
shall cause the duties imposed upon himlher by this provision to be
performed by hislher designee, as to such duties, shall be subject only to
the direction and control of the Personnel Officer.
To appoint, promote, discipline, and remove employees of the City; except
the City Attomey and the elected City Clerk.
To make provision appointments as needed to ensure continuity in service
to the community.
To conduct Skelly hearings and hear appeals submitted by any person in
the competitive service relative to any disciplinary action, dismissal,
demotion, alleged violation of these Rules and Regulations, or other
policies of the City, City Council, or City Manager.
In any investigation or hearing conducted by the Personnel Officer, he/she
shall have the power to examine witnesses under oath and compel their
attendance or production of evidence by subpoenas issued in the name of
the City and attested by the City Clerk.
Except as otherwise expressly provided in Section 12, subsections 12.06
through 12.13 of these Rules, the Personnel Officer has is the final
administrative authority in appeals or disciplinary hearings.
To exercise all other supervisory and administrative powers over the Civil
Service System and employment, labor relations and personnel matters, to
the extent not specificalIy delegated or designated to any other person,
committee, board, or commission, and not inconsistent or in conflict with
any other provision of the Charter, Municipal Code or these Rules.
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F.
G.
H.
I.
J.
K.
Rie:ht to Contract for Snecial Service. The City Manager shalI consider and make
recommendations to the City Council regarding the extent to which the City should
contract for the performance of technical services in connection with the establishment or
operation of the personnel system in accordance with City Council policies. The City
Council may contract with any qualified person or agency for the performance of all or
any ofthe following responsibilities:
CIty of Seal Beach
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Personnel Rules & Regulal1ons-2006
Resolution Number 5446
A. The preparation of Personnel Rules and subsequent revisions and
amendments thereof.
B. The preparation of a Position Classification Plan, and subsequent revisions
and amendments thereof.
C. The preparation of a Plan of Compensation, and subsequent revisions and
amendments thereof.
D. Special and technical services of advisory or informational character on
matters relating to personnel administration.
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1.04 Administrative Policies and Procedures. Pursuant to the Charter and Municipal
Code, the Appointing Authority has the authority to issue Administrative Policies and
Procedures to implement or supplement these Rules. Department Directors, with
concurrence of the Appointing Authority, may issue Departmental Rules to implement or
supplement these Rules within department(s) or other work groups under their control.
1.05 Conflict with Charter/Collective Bargaining Agreements. None of these
Rules, any Administrative Policies and Procedures issued hereunder or any Departmental
Rules issues hereunder may be in conflict with or supersede the Charter or the Municipal
Code. In the event of conflict, the Charter will control. Whenever an applicable
Memorandum of Understanding expressly preempts a section or identified portion of a
section in these Rules, the Memorandum of Understanding will prevail once accepted by
the bargaining group and approved by the City Council. All provision of these Rules that
are not in conflict will remain in force.
1.06 Severability. Should any provision of these Rules be rendered illegal,
unenforceable or invalid, in whole or part, the remaining provisions or parts of these
Rules will remain in full force and effect.
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1.07 Emergency Situations. In cases of emergency, the Appointing Authority may
temporarily change, suspend, or otherwise modiJy these rules. Such emergency change
shall be limited to the time period and subjects necessitated by the emergency. Any
emergency change to be adopted permanently may be implemented on a temporary basis
under this paragraph until such time as it may be adopted as a formal amendment by the
City Council.
1.08 Labor Relations. It is intended that these Rules will be adopted, amended, and
administered in compliance with the Meyers-Milias-Brown Act (MMBA), commencing
at Califomia Government Code ~ 3500. The Appointing Authority shall endeavor to
interpret and apply these Rules in a manner consistent with the MMBA and may delay or
decline to take any action that would violate the MMBA. Nothing in these rules is
intended to establish any new labor relations requirement or to change or expand any
labor relations requirement beyond that required by state law.
1.09 Applicability of Rules to Certain Exempt Positions.
A.
The provisions of these Rules relating to attendance and leaves shall apply
to the incumbents of full-time exempt positions. The City Council may
adopt attendance and leave provisions applicable to non-incumbent
employees in positions of the exempt service.
The City Manager shall have the power to make appointments to the
following exempt positions, and shall retain full authority over their
retention, discipline, dismissal, and other terms and conditions of
employment:
1. Newly hired full-time employees serving their initial probationary
period or any extension of such initial probationary period; and
full-time employees serving a promotional probationary period or
any extension of a promotional probationary period.
2. Temporary, seasonal, part-time, hourly employees, and non-
benefited employees.
3. Contract employees.
4. Provisional employees.
5. Department Heads.
B.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
6. Volunteers.
7. Independent contractors, in accordance with the terms of their
independent contractor agreement.
8. Any person temporarily performing services during an emergency.
SECTION 2: DEFINITION OF TERMS
Except as otherwise provided or where the context otherwise requires, the foIlowing
terms will have the meaning provided below when used in these Rules. The definition of
a term applies to all of its variants, whether in capitalized or lower case letters.
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Appointing Authority: The City Manager.
Appointment: The employment of an individual in a position. Appointment requires
that the candidate report for work on the designated date and time and actuaIly
commence work.
Candidate: An individual participating in the examination process for an appointment.
Charter: The Charter of the City of Seal Beach.
City: The City of Seal Beach.
City Council: The City Council of the City of Seal Beach.
Civil Service or Civil Service System: The Civil Service System authorized by Article
IX of the Charter and established by Chapter 3.15 of the Municipal Code. The
terms "Civil Service", "Civil Service System", "Classified Service", and
"Competitive Service" may be used interchangeably.
Classification: A group of positions sufficiently similar in duties, responsibilities,
authority, and minimum qualifications for employment to allow combining them
under a single title and applying equitable common standards of selection and
compensation. The terms Classification and Class may be used interchangeably.
Classification Specification: A written description of the qualifications and
employment standards for a single Classification in the Competitive Service. A
Classification Specification may include a description of the typical functions,
duties, and authority of the Classification, minimum required or desired
qualifications for appointment, distinguishing characteristics and working
conditions. The Classification Specification may also designate the Job Series, if
any, to which the Classification belongs. The terms Classification Specification,
Class Specification Job Specification and Job Description may be used
interchangeably.
Classified Service: The Civil Service.
Competitive Service: All fuIl-time employees in the City civil service system except
those specifically exempted from the Civil Service in the Charter and Municipal
Code. See Exempt Service, below. '
Day: A calendar day unless otherwise specified. When any action to be taken or
deadline faIls on a Saturday, Sunday or any other day the City Manager's Office
is not open to transact normal business, such action may be taken on and the
deadline will be extended to the next weekday during which the City Manager's
Office is open to transact normal business.
Demotion: The voluntary or involuntary reduction of an employee who has completed
probation from a position in one classification to a position in another
classification having a lower maximum salary rate.
Department Director: An individual assigned by the City Manager to function as a
Department Head. The term "Department Director" may be used interchangeably
with "Department Head".
Department Head: Any person holding the position of Chief of Police, Director of
Public Works/City Engineer, Director of Development Services, Director of
Administrative Services, and Assistant City Manager; and as such titles may be
amended from time to time; and any newly created position, and person serving in
such position, designated as a Department Head by ordinance or resolution.
Dismissal: The involuntary separation of an employee from the City service for
disciplinary reason(s).
Discipline: Except as otherwise provided, the suspension, involuntary demotion,
dismissal or reduction in pay of a Regular Employee in the Competitive Service
for cause.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
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Eligible: An individual satisfactorily completing the examination process for a
classification and available for an appointment.
Employee: An individual compensated through the City payroll and legally occupying a
position in a Classification in the Competitive Service.
Employment List: A list of names of individuals eligible for appointment to a
Classification.
Exempt Service: Those positions, and persons serving in those positions, that are
exempt from the Civil Service System of the City. In addition to the persons,
positions and employments exempted from Civil Service by Section 901 of the
Charter, Section 3.15.020 of Chapter 3.15 of the Municipal Code and Section 1.01
of these Rules, the Exempt Service includes:
1. Independent contractors;
2. Any other person who is not a full-time employee of the City, including
but not limited to:
a. Persons temporarily performing services during an emergency;
b. Persons appointed or performing services on a part-time, hourly,
temporary, seasonal or provisional basis or to a Classification
designated as such.
3. Any other position specificaIly designated as exempt by ordinance,
resolution or other regulation.
Full Time: Except as otherwise provided, employment intended to comprise forty (40)
hours or more per work week, exclusive of holidays and leaves, or the equivalent
standard in a work group, classification, or classification within a work group.
Temporary assignment of an employee engaged for less than full time work to a
full time schedule will not change the employee's status to full time.
Job Series: A progression of related classifications in an occupation, trade or line of
work representing the typical line of promotion within that particular line of work,
as designated in the applicable classification specification(s). Additions to,
modification of or deletions from a job series or designation of additional job
series may be made in writing by the Appointing Authority.
Layoff: The involuntary termination of an Employee resulting from the abolition of a
position or employment in the competitive service, as provided under the Charter
and these Rules. Layoffis not a disciplinary action.
Leave: The authorized or unauthorized absence of an employee from work.
Open Competitive Appointment: A certified list of candidates for employment gained
through an open recruitment process.
Personnel Officer: The City Manager.
Position: The combination of duties and responsibilities assigned to a single employee
within a Classification.
Prevailing Pay Rate: The regular, hourly pay rate, or its salary equivalent, assigned to a
single employee.
Promotion: The advancement of an employee from a position in one classification to a
position in another classification having a higher maximum salary rate.
Probationary Employee: An employee working during the probationary period.
Probationary Period: A working test period that is part of the selection process and
during which an employee is required to demonstrate fitness for the duties of the
position to which he or she has been assigned by the actual performance of such
duties. During this period, an employee is considered an "at-will" employee who
may be terminated without cause or right of appeal.
Re-Employment: The hiring by the City of a former employee without examination, as
otherwise provided in these Rules.
Regular Employee: An employee who has successfully completed the initial or new-
hire probationary period of a position within the Competitive Service.
Reinstatement: Placing an employee into his/her former position.
Rejection: The termination of a probationary employee or the assignment of a
promotional appointee to a former classification during the probationary period.
Rejection during probation is not a disciplinary action and is not subject to appeal
or hearing.
Reprimand: An oral or written criticism of an employee's work, conduct or
performance issued to the employee in accordance with these rules or other
administrative policies and procedures.
Resignation: The voluntary separation of an employee from City service.
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City of Seal Beach
Personnel Rules & Regulalions-2006
Resolution Number 5446
Rules: The City of Seal Beach Personnel Rules and Regulations.
Salary Range: The minimum and maximum level of salary or pay rates for a
classification having a range.
Salary Rate: The doIlar amount of each step in a salary or pay range or the flat dollar
amount of salary or pay for a classification not having a salary range.
Salary Step: The fixed, progressive increments within a salary range for a Classification
having steps.
Seniority: Except as otherwise provided, the status acquired by an employee based on
hislher period of total cumulative time served in the City service upon the
effective date of layoff. Seniority includes all periods of attendance at work,
approved leaves of absence, time spent on military leave, and any other period
required by law. Seniority does not include unauthorized absences, time spent
between employment with the City, suspensions, layoffs, or any time when the
employee was not actively engaged at work.
Suspension: The involuntary, temporary removal of an employee from pay status for
disciplinary reason(s).
Termination: The separation of an employee from employment with the City.
Transfer: The movement of an Employee from one Position to another Position in the
same Classification or from one Classification to another Classification that has
the same maximum rate of pay.
Unclassified Service: The Exempt Service, as provided in the Charter and Municipal
Code. The terms Exempt Service and Unclassified Service may be used
interchangeably. In some instances, the term Unclassified Service may be
preferable to avoid confusion with exempt status under the Fair Labor Standards
Act.
Vacancy: An authorized and budgeted position that is not occupied by an employee,
having either a probationary or a regular appointment to the position.
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SECTION 3: CLASSIFICATION PLAN
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3.01 Classifying Positions. All positions in the Competitive Service are grouped into
Classifications and a Classification Specification is prepared for each Classification.
3.02 Preparation and Maintenance. The Personnel Officer prepares, administers and
maintains a Position Classification Plan comprising a compilation of Classification
Specifications for all Classifications in the Competitive Service. The Personnel Officer
shall recommend and prepare revisions when necessary or desirable for maintenance and
proper functioning of the Classification Plan. The Classification Plan will be coordinated
with the compensation plan provided under these Rules to provide a rate or range of pay
for each classification.
3.03 Adoption. The Classification Plan and any revision of the plan become effective
upon approval by the City Council. The Plan and any revisions may be submitted to the
Personnel Officer for recommendation prior to action by the City Council. The
Classification Plan in force at the time these Rules are adopted will remain in force until
revised or repealed by the City Council.
3.04 Interpretation of Classification Specifications. A Classification Specification
may present a range of typical duties performed by employees in the Classification. The
listing of particular tasks does not preclude the assignment of other tasks of related kind
or character or requiring lesser skills. Whether expressly stated or not, it is understood
that all positions may require communication skills appropriate to the work being
performed, the ability to follow written and oral instructions, maintenance of satisfactory
relations with co-workers and the public, and regular and punctual attendance.
I
3.05 Reclassification. A Position may be reclassified to a more appropriate
Classification on the basis of significant changes in or reevaluation of the duties and
responsibilities of the Position. The reclassification will be effective following
recommendation by the Personnel Officer and approval by the City Council.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
3.06 Status of Employee Occupying Reclassified Position. An incumbent occupying
a position that is reclassified may continue in the reclassified position without requiring
the employee to pass an examination to determine suitability for the job. An action to
reclassiJy an incumbent employee must be approved by the Appointing Authority, in
addition to the approvals required for reclassification of a position, as provided above.
SECTION 4: RECRUITMENT AND SELECTION PROCESS
I
4.01 Nature of the Process. Pursuant to and in accordance with Section 900 of the
Charter, appointments and promotions within the Competitive Service wiII be based on
merit and fitness. The Personnel Officer wiII determine the nature of the examinations,
selection techniques and selection process to be used based on the needs of the City and
the nature of the particular recruitment. The selection process wiII be designed to fairly
and impartially test the qualifications of Candidates.
4.02 Commencing Recruitment. The Personnel Officer may initiate recruitment. A
recruitment may be conducted to fill an existing Vacancy or in anticipation of a Vacancy.
4.03 Announcement. All Vacancies to be filled by recruitment will be publicized by
posting an announcement in City Hall for a minimum of five (5) days. The
announcement will include the title, salary range or salary rate, minimurn qualifications
and examples of typical duties. If any of this information has not been determined at the
time of the initial announcement, the anticipated terms may be included in the
announcement.
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4.04 Applications. Every individual desiring to be considered a Candidate must file a
City application form accompanied by any supplemental materials prescribed in the
announcement. The applicant must sign the form certifying that the application and all
accompanying materials are true, correct, and complete, to the best of the applicant's
knowledge. Except as otherwise provided by the Personnel Officer, an applicant shall
submit an application form identifying a specific position for which applications are
being accepted.
4.05 Disqualification. The Personnel Officer may disqualiJy any Candidate at any
time for good cause. Good cause includes, but is not limited to:
A. Failure to properly complete, sign or timely file the required application
form and supplemental materials, if any.
B. Fraudulent conduct or false statements by a Candidate or others with the
Candidate's knowledge on any application or in any phase of the selection
process.
C. Failure to meet any of the minimum requirements or qualification for the
Position.
D. Failure to cooperate in the selection process.
E. Failure to attend any appointment.
F. Failure to timely advise the Personnel Officer of a change of address,
phone number, or other contact information.
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4.06 Withdrawal of Application or Candidacy. A Candidate may withdraw from
the selection process at any time. The Personnel Officer may, but is not required to,
allow an applicant or Candidate to reenter the selection process, provided that that
Candidate can still comply with alI requirements and procedures of the selection process.
4.07 Appointments. Appointments to vacant positions in the competitive service shall
be made in accordance with these Personnel Rules. Appointments and promotions shall
be based on merit and fitness to be ascertained so far as practicable by competitive
examinations. Examinations shall be used and conducted to aid in the selection of
qualified employees, and shall consist of such recognized selection techniques as
achievement and aptitude tests and other written tests, personal interviews, performance
tests, evaluation of daily work performance, work sampler, or any combination of these,
which will, in the opinion of the Personnel Officer, test fairly the qualification of
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
candidates. Physical agility tests, medical examinations and drug tests may be given as
part of any examination. In any examination the Personnel Officer may include, in
addition to competitive tests, a qualifying test or tests, and set minimum standards
therefore. Appointments shall be made by the City Manager. The City Manager may
consult as he/she deems appropriate with the Department Head for the department or
work group in which the position is located, prior to making any appointment.
Vacancies in the classified service shall be filled in the following order of priority:
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1. Re-employment from layoff for an employee on the re-employment list in
order of seniority for the classification to be filled.
2. Reinstatement, with approval of the Department Head and appointing
authority, to a classification formerly occupied by the employee from
which the employee resigned in good standing. Reinstatement must occur
within one (I) year of the effective date of resignation and is discretionary.
Upon reinstatement, an employee will be credited with all previously
eamed seniority and merit increases and will not be required to serve a
probationary period.
3. Voluntary or involuntary demotion from one classification to a lower level
classification with the approval of the appointing authority.
4. Voluntary or involuntary transfer from one classification to another
classification with the same rate of pay with the approval of the appointing
authority.
5. An Alternate Employment List.
6. ClosedIPromotional Employment List.
7. Open/Competitive, Open Until Filled, or Continuous Employment Lists.
8. Appointments that are subject to Ordinance. The Appointing Authority
and any other officer in whom is vested the power to appoint, make
transfers, promotions, demotions, reinstatements, lay-offs, and to suspend
or dismiss employees, shall retain such power, subject to the provisions of
the Charter, Municipal Code and these Rules.
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4.08 Notice to Appointing Authority. When a vacancy is to be filled, the Department
Head may submit recommendations as to how it is to be filled to the Personnel Officer.
Once the Personnel Officer has approved the process, he/she shall initiate the necessary
documents to commence certification proceedings.
4.09 Certification of Employment List. Consistent with Section 906 of the Charter,
the Personnel Officer shall certify one (I) of the employment lists as follows:
A.
B.
c.
D.
Open/Competitive Appointments. If appointment is to be made from an
open/competitive employment list, the names of all candidates on the list
shall be certified.
Closed/Promotional Appointments. If appointment is to be made from a
closed/promotional employment list, the names of the top four (4)
candidates on the list stiII eligible and available for immediate
appointment shall be certified. If a second (2nd) appointment is to be
made from the same closed/promotional employment list, the names of the
next four (4) candidates on that list, excepting those already appointed and
those no longer eligible or available for consideration shall be certified.
Continuous Examination Appointments. If appointment is to be made
from a continuous examination list, the names of all candidates on the list
still eligible and available for immediate appointment shall be certified.
Open until Filled Examination Appointments. If appointment is to be
made from an open until filled examination, the names of all persons on
the employment list and available for immediate appointment shall be
certified.
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4.10 Probationary Appointment. Following interview, investigation, background
check, and recommendation by the Department Head, the Appointing Authority may
make an appointment from among those eligible candidates interviewed.
City of Seal Beach
9
Personnel Rules & Regulations-2006
Resolution Number 5446
4.11 Alternate Employment Lists. In the absence of an existing employment list for
a Classification, certification may be made from an active employment list for another
classification having similar duties and employment standards. Appointments made in
this manner shall be the equivalent in all respects to having appointed from an
employment list for the classification in which the vacancy occurred.
4.12 Provisional Appointment. In the absence of appropriate eligibility lists, a
provisional appointment may be made by the Appointing Authority of a person meeting
the minimum training and experience qualifications for the position. An eligibility list
shall be established within six (6) months for any permanent position filled by
provisional appointment. When a position is to be filled by provisional appointment, or a
provisional appointment is to be extended, the Appointing Authority shall memorialize
the provisional appointment in the employee's personnel file at the time the appointment
is made.
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4.13 Appointment of Relatives. The folIowing policies shall govern the employment
of the immediate family of any official or employee ofthe City.
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D.
E.
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A.
Family Members of City Officials. Members of the immediate family of
City officials shall not become an employee during the official's term.
For this provision, City officials means the City Manager, elected
officials, and Council-appointed officials and affects Council-appointed
Board or Commission members' family only in the area/department in
which the Board Member or Commissioner is serving.
Employment of Immediate Family. A parent, sibling, or child of a City
employee may not become an employee within the same division and/or
department as the City employee. However, family members may be
employed in the same division and/or department if:
. The family members are hourly employees.
. The family members are employed in a position that is not
supervisory to each other.
Employment of Spouses. A City employee's spouse may not become an
employee within the same division and/or department as the City
employee, if the appointing authority determines that for business reasons
of supervision, safety, security, or morale, the work of such employees
involves potential conflicts of interest or other hazards greater for married
couples than for other persons.
Persons Marrying After Employment. No City employees, who marry
each other after being employed by the City, may work within the same
shift, unit, or section; if the Appointing Authority determines that for
business reasons of supervision, safety, security, or morale the work of
such employees involves potential conflicts of interest or other hazards
greater for married couples than for other persons.
Waiver ofthis Restriction. The Appointing Authority may waive the
restriction set forth in Paragraph C and D above, if the affected
Department Head and the Appointing Authority determine that, because of
the nature of the department and the work assignments in question, the
members of the immediate family would have minimal job-related contact
with one another and neither would be placed in such a position as to
supervise or evaluate the other.
B.
C.
SECTION 5: MEDICAL EVALUATION PROCEDURES
5.01 Physical Examination. Any employee may be required to undergo a physical
examination at a time designated by the Personnel Officer.
5.02 New Hires or Re..Hires. In order to be eligible for employment or re-
employment with the City, an individual must pass a physical examination to determine
whether the employee is capable of performing the essential functions required of the
position and can meet the standards established by the Personnel Officer.
City of Seal Beach
10
Personnel Rules & Regulatlons-2006
Resolution Number 5446
5.03 Promotion or Transfer. In order to be eligible for a promotion or a transfer to a
job classification in a category requiring greater physical qualifications than hislher
present job classification, an employee must pass the appropriate physical examination to
determine whether the employee is capable of performing the essential functions required
of the new position.
5.04 Failing the Physical Examination. If an employee fails to pass a physical
examination pending promotion or transfer, the Personnel Officer shall assign hislher
duties to fit hislher physical condition. If no appropriate position is vacant, such
employee shall be recommended for disability or retirement ifhe/she is eligible.
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5.05 Absence Due to Illness or Physical Incapacity. Any employee who retums to
work after an absence in excess of three (3) consecutive work shifts due to illness or
physical incapacity may be required by the City Manager to undergo a physical
examination. Any employee who fails to pass a physical examination upon return from
an absence in excess of three (3) consecutive work shifts may be transferred to or
demoted to a position requiring lesser physical qualifications, recommended for disability
or retirement, or terminated.
5.06 Qualified Physician. All physical examinations required under the provisions of
this rule shall be performed by a physician specified by the City in active practice
licensed by the State of California and within the scope of his/her practice as defined by
Califomia law. In the case of out-of-state candidates for employment, the physician
performing the examination may be a physician licensed by the state in which the
candidate resides.
5.07 City Financial Responsibility. The City shall pay for any physical examination
required under the provisions of this section.
5.08 General Requirements. All medical inquiries and evaluations will be job related
and consistent with business necessity. The medical evaluation of an applicant will occur
only after a conditional offer of employment is made and where all entering employees in
the same classification are subject to the same examination.
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SECTION 6: PROBATION
6.01 Probationary Period. Except as otherwise expressly provided in this Section 6,
all regular appointments, including promotional appointments shall be for a probationary
period of not less than six (6) months. The Appointing Authority may establish a longer
probationary period for a particular appointment where circurnstances warrant, as
determined by the Appointing Authority. During the probationary period, the employee
may be rejected at any time without prior notice or cause, and without any right of appeal
or hearing.
Swom police personnel shall serve a probationary period of not less than twelve (12)
months. The Chief of Police may establish a longer probationary period, not to exceed
the maximum allowed by law, by rule or regulation with approval of the Appointing
Authority.
An employee rejected during the probationary period from a position to which he/she has
been promoted shall be reinstated to the position from which he/she was promoted, unless
he/she is dismissed from City service through disciplinary action.
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An employee in the competitive service promoted or transferred to a position not
included in the competitive service shall be reinstated to the position from which he/she
was promoted or transferred if, within six (6) months after such promotion or transfer,
action is taken to reject or dismiss himlher, unless he/she is discharged in the manner as
provided in these Personnel Rules and Regulations for positions in the competitive
service.
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CIty of Seal Beach
Personnel Rules & RegulatlOns-2006
Resolution Number 5446
6.02 Exclusions from Probationary Period. Any time spent by an employee on
leave of absence or other unpaid leave in excess of a cumulative total of three (3) work
shifts will not be counted as qualifying service toward completion of the probationary
period. The applicable probationary period will automatically be advanced accordingly.
6.03 Completion of Probation. All appointments wiIl be tentative, pending
completion of the probationary period. Probation will not be completed unless or until
the employee receives written Notice of Retention or Rejection in accordance with these
Rules. The Appointing Authority or a Department Director with approval of the
Appointing Authority may retain or reject a probationary employee and issue the
appropriate notice. The Appointing Authority may retroactively confirm the retention of
any employee and the successful completion of probation where the probation period was
extended or was ended by rejection because the employee did not receive written Notice
of Retention or Rejection.
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6.04 Extension of Probation. The Appointing Authority or a Department Director,
with approval of the Appointing Authority, may extend the probationary period for an
additional period or periods not to exceed a cumulative total of six (6) months. Any
employee, who does not receive written Notice of Successful Completion of Probation,
shall have the probationary period extended on a day-to-day period. Any employee who
reaches the maximum probationary period without receiving written Notice of
Successfully Competing Probation will be deemed rejected during probation.
6.05 Effect of Rejection During Probation. An employee may be rejected during
probation at any time without prior notice or cause, and without any right of appeal or
hearing.
A.
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B.
Initial Probationary Period. An employee rejected during the initial
probationary period associated with the employee's first appointment to a
position in the Competitive Service is terminated.
Promotional Probationary Period. Any probationary period served after
an employee successfully completes the initial probationary period and
thereafter is continuously employed in the Competitive Service will be
considered a promotional probationary period.
I. An employee rejected during the promotional probationary period
following his/her promotion into another competitive service
position shall be reinstated to the competitive service position from
which he/she was promoted, unless otherwise dismissed or
demoted in accordance with the Charter or these Rules.
2. An employee in the competitive service promoted or transferred to
an exempt position shall be reinstated to the competitive service
position from which he/she was promoted or transferred if, within
'six (6) months after such promotion or transfer (or within six (6)
months of any extension of his/her promotional probationary
period), action is taken to reject or dismiss himlher during his/her
promotional probationary period, unless he/she is discharged from
City service or otherwise demoted in accordance with Section 12,
subsections 12.01 through 12.13 of these Rules.
6.06 Appointment to a Different Classification During Probation. An employee is
not disqualified from appointment to a different classification because he/she is presently
serving a probationary period. Any such appointment must otherwise comply with these
Rules. An employee who has not completed the probationary period at the time of
appointment to a different classification will begin a new probationary period. If the
employee was serving a new hire probationary period at the time of appointment, the new
probationary period will also be a new hire probationary period. If the employee is
serving a promotional probationary period at the time of appointment, the new
probationary period will be a promotional probationary period. If such employee is
rejected during the promotional probationary period, the employee will be retumed to the
position that employee occupied immediately prior to the initial appointment, except that
the Personnel Officer may return the employee to any vacant intermediate position.
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City of Seal Beach
12
Personnel Rules & Regulations-2006
Resolution Number 5446
6.07 Status of Present Employees. The adoption of these Rules shall not affect the
probationary status of current employees in the competitive service. Any employee
serving a probationary period upon the effective date of these Rules, shall continue to
serve in a probationary status until completion of the probationary period established
prior to the adoption of these Rules.
SECTION 7: PERFORMANCE EVALUATION
7.01 Performance Evaluation System. The Personnel Officer will establish a system
of periodic evaluations for all employees in the classified service.
I
7.02 Purpose. Performance evaluations will provide recognition of effective
performance and will identify areas that need improvement, as appropriate. Performance
evaluations may be used as a basis for completion of probation, salary adjustments,
promotions, training and discipline. Performance evaluations may also include a period
of performance probation associated with a performance improvement plan and
heightened evaluation and counseling. Performance probation will not affect an
employee's discipline and appeal rights, as provided in these Rules.
7.03 Preparation. Performance evaluations are to be prepared as prescribed by the
Personnel Officer for each employee in the Classified Service on forms approved by the
Personnel Officer. The applicable Department Head will be responsible for the timely
completion of evaluations, utilizing subordinates as appropriate. The performance
evaluation will be limited to job related factors.
7.04 Presentation and Response. The performance evaluation will be presented to
the employee prior to its entry in the employee's personnel file. Upon request, the
performance evaluation will be discussed with the involved employee with a Supervisor
or Department Director designee. An employee may respond in writing to a performance
evaluation within seven (7) calendar days of its receipt. Each completed evaluation will
be maintained in the employee's personnel file together with any written response of the
employee. Except as otherwise required by law, performance evaluations are not subject
to appeal or grievance.
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7.05 Frequency. Performance evaluations will be completed at least annually for each
employee in the Classified Service. During the probationary period and during any
performance probation, performance evaluations should be completed every three (3)
months and immediately prior to the expiration of any probationary period, if different.
In addition to regular, periodic evaluations, an employee may be evaluated at any time, at
the discretion of the department director.
SECTION 8: COMPENSATION
8.01 Compensation Plan. The Personnel Officer will prepare, administer, and
maintain a Compensation Plan consisting of a Salary Range or Salary Rate for each
Classification in the Competitive Service. Separate elements of the Compensation Plan
may be prepared for different groups of employees as part of a Resolution, Memorandum
of Understanding or other document setting the Terms and Conditions of Employment.
All of these separate elements, taken together, will comprise the Compensation Plan.
8.02 Adoption and Amendment. The compensation plan and any amendments will
be effective upon adoption or approval by the City Council.
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8.03 Step Appointment. The Appointing Authority may appoint an employee at any
Salary Step of the Salary Range for the Classification. The City Manager's prior
approval is required for an appointment above the first step of a Salary Range if a
different person makes the appointment pursuan~ to delegation by the Appointing
Authority.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
8.04 Salary at Promotion. Employees promoted from one (I) Classification in the
Competitive Service to a different Classification in the Competitive Service will be
placed at the step that is closest to providing a five percent (5%) salary increase, but not
more than the top step of the Salary Range.
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8.05 Salary at Transfer. Upon transfer, an employee will be placed at the Salary
Step that provides the same Salary Rate the Employee was receiving prior to transfer. If
no such Salary Step is available, the employee will be placed at the Salary Step that is
closest to, but not less than, the Salary Rate the employee was receiving prior to Transfer.
8.06 Salary at Demotion. Upon demotion, the Appointing Authority will determine
the Salary Step at which the employee will be placed, but not more than the top step of
the Salary Range.
8.07 Salary Advancement. Employees not at the top step of a Salary Range, will be
eligible for advancement to the next Salary Step six (6) months following initial
appointment and at twelve (12) month increments thereafter, until the Employee reaches
the top step of a Salary Range. Advancement will be based on m~rit.
8.08 Delay or Denial of Salary Advancement. Salary advancement may be delayed
or denied where an employees' performance or attendance do not merit advancement.
The decision not to advance an employee is not a disciplinary action and is not subject to
appeal, hearing or grievance. A delayed or denied salary advancement will not affect
subsequent dates on which the employee may be eligible for salary advancement
consideration.
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8.09 Special Performance Advancement. Upon recommendation of the appropriate
Department Director and approval of the Personnel Officer, an employee may be granted
a special performance advancement to any Salary Step within the Salary Range where
unusual or outstanding performance is demonstrated. Unless otherwise provided in
conjunction with the special advancement, the subsequent dates on which the employee
may be eligible for salary advancement consideration will not change.
8.10 Flexible Compensation Programs. Nothing in these Rules is intended to
prevent the establishment of supplemental bonuses or flexible pay programs involving
incentive pay, bonuses, or salary ranges without fixed steps, following approval by the
City Council.
8.11 Salary on Reemployment or Reinstatement. An employee reemployed or
reinstated may be appointed at any Salary Step in the Salary Range for the Classification
deemed appropriate by the Appointing Authority. Normally, an employee will be placed
at the Salary Step that is at or closest to the Salary Rate the employee received prior to
termination, adjusted for general salary increases or similar changes to the compensation
plan.
8.12 Adjustments for Leave of Absence. Except as otherwise required by law,
Employees on an unpaid leave of two (2) payroll periods or more will have the date on
which they are eligible for salary advancement consideration adjusted to account for the
total time on leave. Leaves of less that two (2) payroll periods will not affect the time for
considering the salary advancement, but may be considered in conjunction with merit as
an element of attendance, under appropriate circumstances.
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8.13 Administration. Compensation, timekeeping and payroll will be administered in
compliance with established policies, procedures, instructions or directives. Employees
will comply with these requirements.
SECTION 9: EMPLOYMENT STANDARDS
9.01 Outside Employment Policy.
14
City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
A.
B.
C.
D.
City of Seal Beach
Outside Employment Permitted. Employees may engage in any legal
outside employment, activity, or enterprise for compensation (collectively,
"outside employment") subject to the conditions set forth herein.
Irrespective of any existing outside employment, all employees are
evaluated according to the City's performance standards and are subject
the City's scheduling requirements.
Notice. Any employee who has obtained outside employment must notify
the Personnel Officer in writing as soon as possible after accepting the
offer for outside employment. The employee must give the Personnel
Officer enough information about the outside employment in order to
allow the Personnel Officer to determine if such employment creates a
conflict of interest with the employee's City employment.
Employment While on Leave. Employees are prohibited from engaging
in outside employment while on any type of leave where such
employment is or may be inconsistent with the leave or the terms of the
leave approval.
Prohibitions.
1. Employees are prohibited from engaging in outside employment
that involves the use of City time, facilities, equipment, vehicles,
supplies, or other City property for private gain or advantage.
Employees are prohibited from engaging in outside employment,
which involves hours of work or the exertion of effort which
would or could be reasonably expected to reduce the quality or
quantity of the employee's services to the City.
Employees are prohibited from engaging in outside employment
where a conflict of interest or the appearance of a conflict arises.
Examples of this could include, but are not limited to, outside
employment that:
· Is either directly or indirectly connected with the
employee's official duties, including but not limited to:
doing business with persons contacted in the course of
hislher official duties, engaging in activities where the
employee or hislher associate may be benefited by this
official position, or doing business which may influence the
employee or other employees in the performance of their
official duties.
Involves advisory or consulting services which could be
reasonably expected to conflict with the City's interests.
Involves financial interest in any contract, sale, or
transaction to which the City is a party.
Involves the employee's performance of an act in other
than hislher capacity as a City employee which may later
be subject directly or indirectly to the control, inspection,
review, approval, audit, or enforcement of the City or any
of its employees.
Involves work, which may later be subject directly or
indirectly to the control, inspection, review, approval, audit,
or enforcement of the employee as a representative of the
City.
Involves use of the City's prestige or influence or a City
badge or uniform.
Involves the employee's receipt or acceptance of any
money or other consideration from anyone other than the
City for the performance of an act which the employee, if
not performing such act, would be required or expected to
render in the regular course or hours of his/her City
employment or as part ofhislher duties as a City employee.
Involves the use or disclosure of confidential information
produced, obtained, or learned in the course of his/her
employment with the City.
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2.
3.
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.
.
.
.
.
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.
.
15
Personnel Rules & Regulalions-2006
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E.
Resolution Number 5446
If the City determines that an employee's outside employment creates a
conflict of interest or potential conflict of interest with hislher City
employment or interferes in any other way with hislher ability to meet
City requirements, the City will provide written notification to the
employee that he or she will be dismissed from employment with the City
unless the employee terminates the outside employment. The notice and
appeal provisions set forth in Section 12 of these Rules apply to this
determination.
Department Rules. Rules or pro<;edures established in the Police
Department will super cede the outside employment provisions outlined
above. Otherwise, department rules may supplement these provisions.
9.02 Personnel Records.
A.
B.
I
C.
D.
E.
Personnel File. The Personnel Officer will maintain a personnel file for
each employee. All personnel files will be kept confidential and stored in
a secure area. Typically, the personnel file will contain records of the
following:
· Employment Application(s)
· Hire date and beginning salary
· Employment or personal references
· History of promotions and assignments
· Salary changes
· Termination date and reason for termination
· Performance evaluations, including employee responses, if any
· Notices and responses regarding discipline.
Personal Data. Employees are required to maintain current contract
information on file with the Personnel Officer, including address and
phone number. Employees are also responsible for maintaining a current
group life insurance beneficiary designation and accurate group benefit
information. Changes to personal data, such as address, telephone
number, marital status, number of dependents, beneficiaries, and person(s)
to notify in the case of an emergency should be immediately reported in
writing to the Personnel Officer on designated forms.
Inspection and Copying. Employees may inspect their personnel files at
reasonable times and on reasonable notice. In addition, employees may
obtain copies of employment-related documents they have signed.
Employee may only inspect their own personnel file and only in the
presence of the Personnel Officer.
Removal. Personnel files are the property and official records of the City
and may not be removed from the City's premises, except as required by
law.
Personnel Forms. Every appointment, promotion, transfer, demotion,
salary change, termination or other information or action which affects an
employee shall be initiated on appropriate forms specified by the
Personnel Officer. Such forms shall be used as prescribed by the
Personnel Officer.
9.03 Political Activity. Employees may not participate in political activities of any
kind while in uniform, during working hours or utilizing City resources. Employees'
political activities will otherwise comply with and are governed by applicable state and
federal law .
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SECTION 10: LEAVES
10.01 Vacation.
A. Accrual. Full time employees earn and will accrue vacation leave at the
rate and according to the terms of the applicable Memorandum of
Understanding, City Council Resolution or written Employment
City of Seal Beach
16
Personnel Rules & Regulations-2006
Resolution Number 5446
B.
Agreement. Vacation leave may be subject to a maximum accrual limit
and no employee will accrue additional vacation leave upon reaching the
specified limit. Except as otherwise required by law, employees on any
unpaid leave of absence will not accrue vacation leave during such unpaid
leave.
Use. Employees must request and receive approval for the use of vacation
leave in advance of its use. Vacation leave is requested in accordance
with procedures established by the applicable department or work group.
Requests should be submitted as early as practical.
Payment at Termination. On termination of employment, an employee
will be paid for all accrued but unused vacation leave below the applicable
accrual limit at the employee's applicable Salary Rate in effect at the time
of Termination.
Limitations. An employee shall not be granted, and accordingly is not
entitled to use vacation leave in advance of its accrual.
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10.02 Sick Leave.
A. Accrual. Full-time employees earn and will accrue sick leave at the rate
and according to the terms of the applicable Memorandum of
Understanding, City Council Resolution or written Employment
Agreement. Sick leave may be subject to a maximum accrual limit and no
employee will accrue additional sick leave open reaching the specified
limit. Except as otherwise required by law, employees on any unpaid
leave of absence will not accrue sick leave during such unpaid leave.
B. Use. Where sick leave is used for eligible events that are known in
advance, employees must request and receive prior approval for the use of
such sick leave. For emergencies and where advance notice is not
possible, employees shall provide notice as soon as possible and in
accordance with procedures established by the applicable department or
work group.
C. Purpose. Except as otherwise provided, sick leave is provided for
incapacitating personal illness or disability. To the extent required by law,
eligible employees may also use sick leave in an amount not to exceed
one-half (1/2) of their annual accrual to attend to the illness of a child,
parent, spouse or domestic partner of the employee.
D. Payment on Termination. Except as otherwise provided, employees will
not be eligible for payment of sick leave balances on termination.
E. Verification. The City retains the right to request verification from a
licensed health care provider for all absences due to illness or disability.
Sick pay may be withheld if the employee does not provide verification
satisfactory to the applicable supervisor or Department Head.
F. Substitution. An employee absent from work due to illness and who has
no accumulated sick leave may use vacation leave or any other
compensated time in place of sick leave.
G. Limitations. An employee shall not be granted, and accordingly is not
entitled to take, paid sick I leave in advance of its accrual. Except as
otherwise provided, a new employee who is absent during his/her
probationary period due to illness, disability, or any reason that would
qualify for sick leave under this policy will not be compensated.
H. Sick Leave Abuse. Abuse of the sick leave will result in employee
discipline, which may include dismissal.
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10.03 Family Care and Medical Leave.
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A. Eligibility. To be eligible for family care and medical leave, an employee
must have: 1) worked for the City for at least twelve (12) months prior to
the date on which the leave is to commence; and 2) worked at least one
thousand two hundred fifty (1,250) hours in the twelve (12) months
preceding the leave.
B. Use. "Family care leave" may be requested for: 1) the birth or adoption
of an employee's child; 2) the placement of a foster child with the
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employee; or 3) the serious health condition of the employee's child,
spouse, or parent. "Medical leave" may be requested for an employee's
own serious health condition. A "Serious Health Condition" is one that
requires either in-patient care in a medical facility or continuing treatment
or supervision by a health care provider.
Substitution. Employees are required to substitute accrued vacation time
and other paid, personal leave for all family care and medical leaves.
Employees are required to substitute sick leave only for medical leaves.
Employees may elect to substitute sick leave to attend to an illness of a
child, parent, or spouse of the employee or for other types of family care
leave.
Duration of Leave. Provided that all of the conditions of this policy are
met, an employee may take a maximum of twelve (12) weeks of family
care and medical leave in a rolling twelve (12) month period measured
backwards from the date the employee's leave commences. Parents who
are both employed by the City may take a maximum combined total of
twelve (12) weeks of family care leave in a twelve (12) month period for
the birth, adoption, or foster care oftheir child.
· The substitution of paid leave for family care or medical leave
does not extend the total duration of family care and medical leave
to which an employee is entitled to beyond twelve (12) weeks in a
twelve (12) month period. For example, if an employee has
accrued four (4) weeks of unused paid vacation time at the time of
the request for family care or medical leave, that paid vacation
time will be substituted for the first four (4) weeks of family care
or medical leave, leaving up to eight (8) additional weeks of
unpaid leave.
· Family care leave taken for the birth, adoption, or foster care
placement of a child generally must be taken in blocks of at least
two (2) weeks' duration. However, the City will provide
employees with family care leave for birth, adoption, or foster care
placement for less than two (2) weeks' duration on any two (2)
occasions. Family care leaves for the birth, adoption, or foster care
placement of a child must be concluded within one (I) year of the
birth, adoption, or placement.
· Family care or medical leave for the employee's own serious
health condition or for the serious health condition of the
employee's spouse, parent, or child may be taken intermittently or
on a reduced schedule where medically necessary. If leave is taken
in this manner, the City retains the discretion to transfer the
employee temporarily to an altemative position with equivalent
pay and benefits which better accommodates the employee's leave
schedule.
Pay and Benefits. Except to the extent that other paid leave is substituted
for family care or medical leave, family care and medical leave is unpaid.
· During an employee's family care or medical leave, for up to a
maximum of twelve (12) weeks in a twelve (12) month period, the
City shall continue to pay for the employee's participation in the
City's group health plans to the same extent and under the same
terms and conditions as would apply had the employee not taken
leave.
· If an employee fails to return from the leave for a reason other than
the recurrence or continuation of the health condition that brought
about the leave or other circumstances beyond the employee's
control, the City can recover any health premiums paid by the City
on hislher behalf during any unpaid period(s) ofleave.
· An employee on family care and medical leave accrues
employment benefits, such as sick leave, vacation benefits, or
seniority only when paid leave is being substituted for unpaid leave
and only if he/she would otherwise be entitled to such accrual.
Notice. An employee should notify the City in writing of hislher request
for family care or medical leave as soon as he/she is aware of the need for
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Resolution Number 5446
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City of Seal Beach
such leave. For a foreseeable event, the employee must provide thirty (30)
calendar days' advance notice to the City of the need for family care or
medical leave.
. Failure to provide the requisite thirty (30) day advance notice for a
foreseeable event without any reasonable excuse for the delay will
be cause for the City to delay the taking of the leave until at least
thirty (30) days after the date the employee provides notice of the
need for family care or medical leave. For an event that is
unforeseeable thirty (30) days in advance but is not an emergency,
the employee must notify the City as soon as helshe learns of the
need for the leave, ordinarily no later than two (2) working days
after the employee learns of the need for the leave. If leave is
requested in connection with a planned, non-emergency medical
treatment, the employee may be requested to reschedule the
treatment in order to minimize disruption ofthe City's business.
Certification. All requests for family care or medical leave should
include the anticipated date(s) and duration of the leave. Any requests for
extensions of a family care or medical leave must be received at least five
(5) working days before the date on which the employee was originally
scheduled to retum to work and must include the revised anticipated
date(s) and duration of the family care or medical leave.
. Any request for medical leave for an employee's own serious
health condition or for family care leave to care for a parent, child,
spouse, or parent with a serious health condition must be supported
by Medical Certification from a health care provider. For a
foreseeable leave, an employee must provide the required Medical
Certification before the leave begins. When this is not possible, an
employee must provide the required certification within fifteen
(15) calendar days after the City's request for certification, unless
it is not practicable under the circumstances to do so, despite the
employee's good faith efforts. Failure to provide the required
Medical Certification without any reasonable excuse for the failure
will be cause for the City to deny a foreseeable leave until such
certification is provided. In the case of an unforeseeable leave,
failure to provide the required Medical Certification within fifteen
(15) days of being requested to do so without any reasonable
excuse for the failure will be cause for the City to deny the
employee's continued to leave. Any request for an extension of
the leave also must be supported by an updated Medical
Certification.
. The Medical Certification for a child, spouse, or parent with a
serious health condition shall include: (a) the date on which the
serious health condition commenced; (b) the probable duration of
the condition; (c) the health care provider's estimate of the amount
of time needed for family care; (d) the health care provider's
assurance that the health care condition warrants the participation
of the employee to provide family care; and (e) in the case of
intermittent or reduced schedule leave where medically necessary,
the probable duration of such a schedule.
. The Medical Certification for leave for the employee's own serious
health condition shall include: (a) the date on which the serious
health condition commenced; (b) the probable duration of the
condition; ( c) a statement that, due to the serious health condition,
the employee is unable to perform the functions ofhislher position;
and (d) in the case of intermittent leave or reduced schedule leave
where medically necessary, the probable duration of such a
schedule. In addition, the Certification may, at the employee's
option, identify the nature of the serious health condition involved.
If the City has reason to doubt the validity of the Certification
provided by the employee, it may require the employee to obtain a
second (2nd) opinion from a doctor of the City's choosing at the
City's expense. If the employee's health care provider and the
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Personnel Rules & Regulations-2006
Resolution Number 5446
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doctor do not agree, the City may require a third (3rd) opinion, also
at the City's expense, performed by a mutually agreeable doctor
who will make a final determination. Before permitting the
employee to return to work, the City may also require the
employee to provide Medical Certification that he/she is able to
return to work.
· Employees retuming from family care or medical leave are entitled
to reinstatement to the same or comparable position consistent with
applicable law.
10.04 Pregnancy Related Leaves.
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A. Eligibility. Any employee who is disabled on account of pregnancy,
childbirth, or related conditions may take a pregnancy-related disability
leave for the period of actual disability up to four (4) months, in addition
to any family care or medical leave to which the employee may be entitled
under Section 2 of this policy.
B. Accommodation. An employee is also entitled to a reasonable
accommodation for pregnancy, childbirth, or related medical conditions if
she requests it and provides the City with Medical Certification from her
health care provider. In addition to other forms of reasonable
accommodation, a pregnant employee is entitled to transfer temporarily to
a less strenuous or hazardous position or less hazardous or strenuous
duties if she requests it, the transfer request is supported by proper
Medical Certification, and the transfer can be reasonably accommodated.
C. Substitution. An employee taking pregnancy-related disability leave
must substitute any available sick pay for leave and may, at her option,
substitute any accrued vacation time for her leave. The substitution of
paid leave for pregnancy-related disability leave does not extend the total
duration of the leave to which an employee is entitled. If an employee
taking a pregnancy-related disability leave is also eligible for family care
and medical leave under this section, then the employee is entitled to the
City's continuation of benefits as described in that section up to a
maximum of twelve (12) weeks in a twelve (12) month period.
Other Provisions. The provisions of the City's Family Care and Medical
Leave Policy regarding the leave's effect on pay, notice requirements,
medical certification requirements, and reinstatement also apply to all
pregnancy-related disability leaves. However, for pregnancy-related
disabilities, there is no process for obtaining more than one medical
opinion. For the purpose of applying those provisions, an employee's
pregnancy-related disability is considered to be a serious health condition.
10.05 Other Disability Leaves. In addition to medical or pregnancy-related disability
leaves described in this section, an employee may take a temporary disability leave of
absence if necessary to reasonably accommodate a workplace injury or a disability under
an applicable disability law. Any disability leave under this section may run concurrently
with any medical leave to which the employee is entitled under this section.
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Employees taking disability leave must comply with the Family Care and Medical Leave
provisions regarding substitution of paid leave, notice, and Medical Certification. For the
purpose of applying these provisions, a disability leave will be considered to be a medical
leave.
If a disability leave under this section extends beyond twelve (12) weeks in a twelve (12)
month period, the employee will not be entitled to any continued employer contributions
toward any employee benefit plan unless otherwise required by law. However, an
employee may elect to continue participating in such benefit plans, at hislher own
expense, to the extent permitted by such plans.
The duration of a leave under this section shall be consistent with applicable law, but in
no event shall the leave extend past the date on which the employee becomes capable of
performing the essential functions of hislher position, with or without reasonable
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
accommodation. For a full explanation of leave duration and reinstatement rights,
employees should contact their supervisor or the Personnel Officer.
10.06 Non-Medical Leaves of Absence. The City also grants eligible employees
leaves of absence for military leave, jury or witness duty, certain court appearances,
emergency duty as a volunteer firefighter, appearances at school or daycare activities of
hislher child/children, voting in a statewide election, or bereavement. Unless otherwise
required by law, employees will not be paid for such leaves of absence. Employees
wishing to take a leave of absence for one of these reasons should refer to the procedures
outlined below or contact the City Manager.
A.
B.
City of Seal Beach
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C.
Non-Medical Leave of Absence Without Pay. The Personnel Officer
may grant a non-medical leave of absence without pay for good cause. An
employee with available paid time off is not eligible for Non-Medical
Leave of Absence Without Pay. A leave of absence shall be granted only
to an employee who has a satisfactory service record at the time the leave
is requested and expresses a desire to return to the City's employ after
such leave. The Personnel Officer will evaluate emergency and
unanticipated non-medical leaves of absence on a case-by-case basis by
the Personnel Officer.
Military Leave of Absence. Employees whose participation in the
uniformed services or other military duty is mandatory will be granted
military leave as required by law. Employees must notify their immediate
supervisor as soon as they know the required dates of service and, if
requested, must furnish the supervisor with a copy of the official orders or
instructions. Upon return from an approved military leave, the employee
will be reinstated either to hislher former position or to another position to
the extent required by applicable law. In order to be eligible for
reinstatement, the employee must: 1) report to the City or submit an
application for employment within the period required by federal and state
laws; and 2) provide a certificate of satisfactory completion of service and
appropriate documentation to establish that helshe is eligible for
reinstatement.
Jury and Witness Duty; Other Court Appearances. The City will
provide employees time off to serve, as required, on ajury or grand jury if
they provide the applicable supervisor or Personnel Officer with
reasonable advance written notice of the obligation to serve. The City will
also provide an employees with time off to: 1) appear in court or in other
judicial proceedings as a witness to comply with a valid subpoena or other
court order; or '2) obtain any relief, including a temporary restraining
order, to help ensure the health, safety, or welfare of a domestic violence
victim or hislher child.
. Except as otherwise provided by law, resolution or written
agreement, a regular, full-time employee will be paid hislher
regular wages less jury duty pay (other than travel, parking, and
other expenses) for a maximum of 40 (forty) hours within one
twelve (12) month period. However, this provision will not be
applied in a manner that will conflict any exemption under the Pair
Labor Standards Act. An employee may elect to substitute accrued
vacation during any unpaid leave due to jury duty or a witness
appearance.
. An employee called for jury duty shall give the City Manager
reasonable advance written notice of the obligation to serve. In
instances where the time off is needed to obtain relief in
connection with a case involving domestic violence, reasonable
advance notice of the court appearance is also required unless an
emergency or unscheduled court appearance is required. If time
off is taken for this purpose due to an emergency or unscheduled
court appearance, the employee must provide the City Manager
with written evidence from the court or prosecuting attomey within
fifteen (15) days of the absence that the employee has appeared in
court.
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Personnel Rules & Regulations-2006
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Resolution Number 5446
. To the extent permitted by law, at the City Manager's request, the
employee shall request that the jury commissioner permit the
employee to remain at work and be available on one (I) hour
telephonic notice.
. The employee shall continue to report for work on those days
when excused from jury and on days on which he/she can work at
least three (3) hours, or as otherwise directed by the appropriate
supervisor, during his/her regular work day.
Leave for EducationaI/Daycare Purposes. Employees will be granted
time off without pay up to forty (40) hours per calendar year, but no more
than eight (8) hours in any calendar month, to participate in the activities
of schools or licensed daycare facilities attended by their child or children.
An employee must substitute accrued vacation, personal leave, or
compensatory time off for purposes of a planned absence under this
subsection.
. Employees wishing to take time off under this subsection must
provide their supervisor with reasonable notice of the planned
absence. If both parents of a child are employed by the City at the
same worksite, the request for time off under this subsection will
be granted to the first parent to provide notice of the need for time
off. The request from the second parent will be accommodated, if
possible.
· The City reserves the right to request that the employee furnish
written verification from the school or daycare facility as proof that
the employee participated in school or daycare activities on the
specified date and at the particular time. Failure to provide written
verification is grounds for disciplinary action.
Leave for Volunteer Firefighter Duties. A non-exempt employee will
be granted time off to perform emergency duties as a volunteer firefighter,
as required by law.
Voting Time Off. Employees who do not have sufficient time outside of
their regular working hours to vote in a statewide election may request
time off to vote. If possible, employees should make the request at least
two (2) days in advance of the election. Up to two (2) hours of paid time
off will be provided, at the beginning or end of the employee's regular
shift, whichever will result in the least time off work.
Bereavement Leave. Employees may be granted up to forty (40) hours of
bereavement leave of absence by reason of a death in their immediate
family which shall be restricted and limited to father, mother, stepmother,
step-father, brother, sister, spouse, child, step-child, grandmother,
grandfather, mother-in-law, father-in-law, or all degree of relatives not
listed by living within the household of the employee.
10.07 Alternate Leave Programs and Provisions. Nothing in this section is
intended to prevent the establishment of altemate leave programs, such as a paid time-off
program, to substitute for some or all of the leave programs described in this section.
Any new or alternate program will be established in accord with the vested rights, if any,
of employees in existing leave accruals. In the event of a conflict between the provision
of this section and any applicable Memorandum of Understanding, City Council
Resolution or written Employment Agreement, such Memorandum of Understanding,
Resolution or Agreement will prevail. Other than vacation leave and sick leave, the
provisions of this section will apply to employment in the Unclassified Service, to the
extent required by law. Vacation and sick leave shall apply to the Unclassified Service
only to the extent such leaves are expressly provided to the employment in question.
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10.08 Sick Leave During Worker's Compensation. Whenever an employee is
entitled to receive worker's compensation for an injury on the job, such employee is
entitled to use accrued sick leave on the first (I st) day the employee is absent from duty
due to the injury and thereafter until the first (1st) day for which the employee is paid
temporary disability compensation. At the request of the employee, the City may
supplement temporary disability payments by applying the employee's accrued sick leave
in an amount equal to the difference between base salary and the temporary disability
City of Seal Beach
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Personnel Rules & Regulations-2006
Resolution Number 5446
payment received during the period the injured employee receives temporary disability
benefits. Employees entitled to a leave of absence under Labor Code Section 4850 will
receive benefits as provided by Section 4850 and are excluded from the provisions of this
Section 10.08.
SECTION 11: TERMINATION
11.01 Resignation. An employee may resign in good standing by notifying the
appointing authority or any supervisor at least two (2) weeks in advance. Any super-visor
receiving notice of resignation will advise the Appointing Authority. Once notice of
Resignation is final upon notification and may not be withdrawn, except as otherwise
determined by the Appointing Authority.
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11.02 Automatic Resignation. Absence without leave, whether voluntary or
involuntary, for three (3) consecutive work shifts or more is an automatic resignation.
The Appointing Authority or applicable Department Head will notify the employee in
writing of the intended application of the automatic resignation rule and the facts
supporting application of the rule. If the employee challenges the accuracy of the facts,
the Appointing Authority will provide the employee with an opportunity to present
hislher version of the facts to a neutral hearing officer. The Appointing Authority may
designate a neutral hearing officer according to procedures specified by the Appointing
Authority. The hearing officer will make a factual determination as to whether the
employee has been absent for three (3) consecutive work shifts and whether the absence
is without leave. If the hearing officer determines such facts exist, automatic resignation
will be effective as of last day on which the employee worked. The Appointing
Authority may, in his or her discretion, waive application of automatic resignation for
good cause, as determined by the Appointing Authority.
11.03 Layoff. Section 11.07 of these Rules governs the abolition of positions by the
City Council within the Classified Service, including any resulting layoff.
A. City Manager Authority. Except as otherwise determined by the City
Council in accordance with Section 11.07, the City Manager may abolish
any position or employment in the Competitive Service and may lay-off,
demote or transfer an employee holding such position on the grounds and
according to the procedures provided in these Rules. The City Manager
may not delegate this power.
B. Order. Where a position or employment is abolished, layoffs are
designated within a specified Classification.
. Any vacant positions in the designated Classification are first
eliminated, except that employees may be transferred, as
determined by the City Manager, to create a vacancy in a particular
position.
. Provisional employees in the affected class will be laid off before
any probationary or regular employees in the class.
. Lay-off will, thereafter, be determined by seniority as defined in
these Rules.
C. Bumping. An employee designated for lay-off in a higher-ranking
classification may displace or "bump" a less senior employee in a different
classification in the same job series possessing a lower maximum Salary
Rate. The less senior employee subject to displacement shall be, where
applicable, the least senior employee in the classification. Except as
otherwise determined by the City Manager, an employee may decline to
displace another employee and accept the lay-off. Except as otherwise
permitted by the City Manager, displacement is only permitted to the
Classification in the Job Series that is closest in maximum Salary Rate
(but less than) the classification from which the employee is designated
for lay-off. However, an employee may only displace an employee where
he or she possesses the minimum requirements for the classification and is
otherwise capable of performing the essential functions of the position.
An employee displaced as provided above will be designated for lay-off
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Personnel Rules & Regulations-2006
Resolution Number 5446
D.
and may also displace an employee, as provided above. Following the
completion of any displacements, the Appointing 'Authority may transfer
employees as necessary to realign and reorganize the remaining personnel
for the work to be performed. Displacement of another employee is
available only where there is a less senior employee in a different
classification in the same job series possessing a lower maximum Salary
Rate.
. The act of an employee displacing another employee will be
classified as a demotion in lieu oflayoff. An employee demoted in
lieu of lay-off will be assigned the salary rate that is closest to the
employee's salary rate before demotion but not more than the
maximum Salary Rate for the new classification.
. The employee displaced may displace other employees, as
provided above.
Notice. The City Manager shall provide at least 10 (ten) days prior notice
to any employee who will be laid off. Altematively, the employee may be
provided payor salary in-lieu of all or any portion of the notice period.
Re-Employment. Employees laid off will be placed on re-employment
lists, as provided in Charter Section 914.
No Right of Appeal. Employees laid off in accordance with this Section
11.03 shall have no right of appeal.
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11.04 Retirement. An Employee may retire in good standing by separating from the
City service in compliance with the rules and procedures of the Public Employees'
Retirement System.
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11.05 Medical Separation. An Employee who is not eligible for disability retirement
procedures under the Public Employees' Retirement System, may be separated for
disability or medical reasons based on medical evidence and according to procedures
designated by the Appointing Authority.
11.06 Dismissal. An employee may be terminated from employment by dismissal, as
provided in these Rules.
11.07 Abolition of Position by the City Council. Whenever in the judgment of the
City Council it becomes necessary in the interest of economy or because the necessity for
the position or employment involved no longer exists, the City Council may abolish any
position or employment in the competitive service and lay-off, demote or transfer an
employee holding such position or employment without filing written charges and
without the right to appeal.
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Seniority, as defined in these Rules, shall be observed in effecting such reduction in
personnel, and the order of lay-off shall be in the reverse order of seniority. Lay-off shall
be made within classes of positions, and all provisional employees in the affected class or
classes shall be laid off prior to the lay-off of any probationary or permanent employee.
An employee designated for lay-off in a higher-ranking classification may displace or
"bump" a less senior employee in a different classification in the same job series
possessing a lower maximum Salary Rate, in accordance with Section 11.03(C) of these
Rules. The names of probationary and permanent employees laid off shall be placed
upon re-employment lists for classes which, in the opinion of the Personnel Officer,
require basically the same qualifications and duties and responsibilities of those of the
class of positions form which lay-off was made.
Name of persons laid off shall be placed up re-employment lists in order of their
competency, and shall remain on such lists for a period of two years unless re-employed
sooner. For re-employment purposes, competency of a person laid off shall be
determined by the head of the department in which such person worked.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
SECTION 12: DISCIPLINE
12.01 Action by City. The City may take disciplinary action against any employee for
cause, including but not limited to misconduct or any violation of these personnel rules
and regulations, departmental rules and regulations or any City procedures or any laws.
This section shall only apply to employees who have regular status in a classified
position. All other employees are at-will and can be terminated at any time, with or
without cause or notice.
12.02 Types of Disciplinary Action. Disciplinary action includes but is not limited to
suspension, demotion, reduction in pay, or dismissal.
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12.03 Suspension. Any person holding a position or employment in the competitive
service shall be subject to disciplinary suspension without pay by the appointing power,
but such suspensions shall be in accordance with progressive discipline standards of
practice. Progressive discipline can include suspension from duty based upon previous
behavior and discipline actions. A department head may make a disciplinary suspension
subject to the appeal procedures set forth in Sections 12.07 through 12.11 of these Rules.
12.04 Administrative Leave. The appointing authority or a department head may place
any employee on paid administrative leave pending investigation or the completion of
selected disciplinary procedures. Administrative leave may include any terms and
conditions that are not inconsistent with these rules or law.
12.05 Reasons for Discipline. Disciplinary action may be taken for cause, including
but not limited to any of the following causes:
A. Absence without authorized leave.
B. Any act or threat of workplace violence or fighting on the job.
C. Appearing or remaining on duty during work hours while under the
influence of alcohol, controlled substances, non-prescription or
unauthorized narcotics, or dangerous drugs.
D. Bribery or the receiving of or the giving of other unlawful gifts or
gratuities.
E. Careless, negligent, unauthorized, or improper use of City property,
equipment, or funds for private purposes or involving its damage or risk of
damage to it.
F. Chronic absenteeism or the pattem of frequently failing to report for duty
at the assigned place and time.
G. Conviction of a crime affecting the employee's suitability for employment
with the City.
H. Dereliction of duty.
I. Dishonesty.
J. Failure to maintain grooming, clothing, or uniform standards.
K. Falsifying a timecard or other City records.
L. Fraud in securing employment; falsifying City or employment records,
including job information in order to secure a position; misstatement of
fact on an application or other personnel document.
M. Gross negligence.
N. Improper use of authority for personal gain or satisfaction.
O. Incompetence or negligence in the performance of duties, including failure
to perform assigned tasks or failure to dismissal duties in a prompt,
competent, and responsible manner.
P. Inexcusable neglect of duty.
Q. Insubordination.
R. Non-compliance with applicable Conflict ofInterest provisions.
S. Offensive treatment of the public or of another employee.
T. Refusing or failing to perform work assigned; refusing or failing to
perform a lawful direct order.
U. Sleeping on the job.
V. Theft of City equipment or supplies, or theft from a co-worker.
W. Unauthorized release of confidential information from official records.
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Resolution Number 5446
X. Unfitness for duty.
Y. Unlawful discrimination, harassment, or retaliation.
Z. Unsatisfactory work record.
AA. Willful failure to follow work rules or to perform work as required.
BB. Willful failure to observe City safety rules.
CC. Other causes as determined by the City.
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12.06 . Request for Statement of Reasons. Any permanent employee in the competitive
service who has been suspended, demoted, dismissed, or reduced in pay shall be entitled
to the following procedures set out in Sections 12.07 through 12.13 ofthese Rules.
12.07 Written Notice of Proposed Disciplinary Action - Department Head. A
Department Head may initiate a suspension, demotion, dismissal or reduction in pay
against any employee within hislher department and/or work group. Prior to imposing
disciplinary action, the Department Head will notify the employee in writing of the nature
of the proposed disciplinary action, its proposed effective date, the reason for the
proposed disciplinary action and any specific charges against the employee. The notice
will also inform the employee ofhislher right to receive copies of the written documents
and materials on which the proposed action is based and of the employee's right to
respond, either orally or in writing to the Department Head within five (5) days of the
Notice of Proposed Disciplinary Action. Within five (5) days after receipt of the
employee's oral or written response, the Department Head shall issue a Notice of
Discipline Imposing, Modifying, or Rescinding the Proposed Discipline.
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12.08 Appeals of Discipline. Permanent employees shall have the right to appeal the
imposition of the following disciplinary actions: suspension, demotion, dismissal or
reduction in pay to the Personnel Officer. Requests for an appeal hearing shall be in
writing, signed by the employee, and presented to the Personnel Officer within ten (I 0)
days after the date of the written notice required by Section 12.06. Any such request
shall be addressed to the Personnel Officer and shall identify the subject matter of the
appeal, the grounds for the appeal, and the relief desired by the employee. All
disciplinary hearings shall be conducted in private unless the employee requests, in
writing, a public hearing. Failure to request a disciplinary hearing within ten (10) days
constitutes a waiver of the right to a hearing and any rights to appeal of the disciplinary
action. Upon failure to file a timely appeal from the decision of the Department Head,
the disciplinary action shall be final.
12.09 Scheduling. Upon receipt of such statement and answer the Personnel Officer
shall make such investigation as he/she may deem necessary and within twenty (20) days
after such receipt hold a hearing. The hearing need not be conducted according to
technical rules relating to llvidence, and shall be conducted in an informal manner. The
employee shall have the right to be represented by an attorney or spokesperson, but shall
not have any right to compel attendance of witnesses or any right of cross-examination.
The Personnel Officer may in hislher discretion issue subpoenas in accordance with
Section 3.15.090 of the Municipal Code, but failure to do so shall not invalidate the
hearing. Within ten days after concluding the hearing the Personnel Officer shall certify
hislher findings and decision and shall affirm, revoke or modify the action taken, as in
his/her judgment seems warranted. The action of the Personnel Officer shall be final,
unless the employee timely files an application for arbitration pursuant to Section 12.09
of these Rules. Any time limit for conducting scheduling the hearing before the City
Manager may be waived by mutual agreement of the parties.
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12.10 Arbitration.
A. An employee dissatisfied with the decision of the Personnel Officer may
apply for arbitration. The employee shall file an application for arbitration
no later than ten (t 0) days after issuance of the decision by the Personnel
Officer. As used herein, "issuance of the decision" means the date on
which the written decision of the Personnel Officer is personally delivered
to the employee or hislher representative, or the date on which the
Personnel Officer's decision is deposited with the U.S. Post Office for
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City of Seal Beach
Personnel Rules & Regulatlons-2006
Resolution Number 5446
C.
delivery by mail. Upon the employee's failure to file a timely application
for arbitration, the disciplinary action shall be final.
The employee and hislher representative and the City Manager shall select
an impartial arbitrator by mutual agreement. If the parties are unable to
select an arbitrator within fifteen (15) days, they shall jointly request a list
of five (5) qualified arbitrators from the California State Mediation and
Conciliation Service. If mutual selection cannot be made from the list
received within five (5) days, the parties shall select the arbitrator by
altemately striking names until only one (1) name remains; that person
shall serve as the arbitrator. The party, which strikes the first name from
the list of arbitrators, shall be determined by a toss of a coin.
The cost of the arbitrator shall be bome by the City. Each party, however,
shall bear the cost of its presentation including preparation and post-
hearing briefs, if any, provided that witnesses necessary to the presentation
of the employee's case shall be granted necessary time off without loss of
payor benefits to appear at the arbitration hearing.
Decisions of arbitrators on matters properly before them shall be final and
binding on the parties hereto to the extent permitted by law.
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B.
D.
12.11 Burden of Proof. The City shall have the burden of proof at the disciplinary
hearing before the arbitrator and shall be required to prove the charges against the
employee by a preponderance ofthe evidence.
12.12 Subpoenas. The arbitrator may compel the attendance of witnesses and
testimony of witnesses and/or production of evidence by subpoena at any arbitration
hearing as provided in Section 3.15.090 of the Municipal Code.
12.13 No Right of Appeal for Reprimands. A Department Head may issue oral or
written reprimands of employees in hislher department and/or work group.
Notwithstanding any other provision in these Personnel Rules, there shall be no right of
appeal or grievance for oral or written reprimands.
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SECTION 13: HOURS OF WORK, OVERTIME, AND PREMIUM
PAY
13.01 Hours of Work. The workday and workweek will be in compliance with the
Memoranda of Understanding, where applicable, and state and federal laws, such as the
Fair Labor Standards Act.
13.02 Attendance. Employees shall be at their work in accordance with the Rules
regarding hours of work, leaves, and related provisions. Failure on the part of an
employee to retum to duty within twenty-four (24) hours after notice to return when the
employee has been absent, may be cause for discharge.
13.04 Timesheets. Employees shall accurately record all time worked on timesheets,
according to established procedures. An employee may not work time that is not
recorded or record time that is not actually worked. Employees may be required to
certify the accuracy of their time sheet. The City may establish different procedures for
employees exempt from the overtime provisions of the Fair Labor Standards Act.
13.05 Overtime. Overtime is discouraged. All overtime hours worked shall be
authorized in advance by the appropriate department head or designee specifically vested
with this authority. In accordance with policies established by the appointing authority,
Department Heads shall have the discretion to compensate overtime worked by either
salary payment or by compensatory time off as approved by law. Overtime requirements
do not apply to employees who are exempt from the overtime provisions of the Fair
Labor Standards Act.
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13.06 Overtime Premium. Overtime premium will be paid to non-exempt employees
as provided under the applicable Memorandum of Understanding or City Resolution. In
the absence of any other provision, overtime will be paid in compliance with the
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
minimum requirements of the Fair Labor Standards Act. Overtime premium does not
apply to employees who are exempt from the overtime provisions of the Fair Labor
Standards Act.
SECTION 14: COMPLAINT AND GRIEVANCE PROCEDURE
14.01. Purpose of Grievance Procedure. The grievance procedure shall be used to
resolve any complaint or dispute concerning the interpretation, application, or alleged
violation of:
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Any provision of the applicable Memorandum of Understanding between
the City of Seal Beach ("City") and a recognized employee organization;
and
The City's Personnel Rules and Regulations where the provision in
dispute is within the scope of representation.
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The grievance procedure shall not be used for:
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The resolution of any grievance conceming provisions of the
Memorandum of Understanding which specifically provide that the
decision of any City official shall be final;
The resolution of any grievance for which an alternate or separate appeal
procedure has been provided;
The resolution of any grievance concerning any disciplinary action;
The resolution of any grievance concerning any aspect of the performance
evaluation process, except for grievances regarding deferred advancement;
or
The resolution of any grievance related to any concerted refusal to work.
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14.02 Grievance Procedure. The general steps of the grievance procedure are as
follows. Certain steps of this procedure may be eliminated if the employee reports to a
department director or if the employee's second-line supervisor is the department
director.
A.
B.
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Cily of Seal Beach
Informal Discussion of Grievance.
I. The employee informally discusses the matter with his/her
immediate supervisor within fifteen (15) calendar days from the
date of the act, which generated the grievance. For purposes of
this rule, "immediate supervisor" is defined as the individual who
assigns, reviews, and directs the employee's work.
2. If the discussion between the employee and his/her immediate
supervisor does not satisfactorily resolve the grievance, the
employee shall have the right to discuss hislher grievance
informally with hislher supervisor's immediate supervisor.
3. If this discussion does not satisfactorily resolve the grievance, the
employee shall have the right to file a formal grievance.
Formal Grievance Procedure. Provided that the employee's grievance
was not satisfactorily resolved by the informal grievance discussion, the
following steps ofthe formal grievance procedure shall be followed:
1. The employee shall have the right to prepare a formal, written
grievance within five (5) working days after the informal grievance
discussion with hislher immediate supervisor or the immediate
supervisor's supervisor. The formal, written grievance shall
contain the following information:
· The employee's name;
· The name of the individual or organization, if any,
designated as the employee's representative in the
processing of the grievance. Under no circumstances shall
an employee organization other than the one that formally
represents the position occupied by the employee be
designated as the employee's representative;
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Personnel Rules & Regulatioos-2006
Resolution Number 5446
3.
The employee's department and specific work site;
The name of the employee's immediate supervisor;
The specific provision, policy, or procedure alleged to have
been violated;
A specific description of the nature of the grievance,
including the date, place, and facts underlying the
occurrence ofthe act that generated the grievance;
The employee's specific suggested solution to the
grievance; and
· The employee's signature.
The employee shall present hislher formal grievance to the
department director. The department director shall discuss the
grievance with the employee and/or his/her representative.
Within ten (10) working days after receipt of the formal grievance,
the department director shall render a written decision regarding its
merits. Failure of the department director to render a written
decision on the grievance constitutes a decision denying the
grievance.
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2.
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4.
5.
a. If the employee does not seek further review of the
grievance within five (5) working days after hislher receipt
of the department director's decision, the grievance shall be
considered resolved, and no further review of the subject
matter of the grievance shall be permitted.
b. Alternatively, if the department director's decision does not
satisfactorily resolve the grievance, the employee may
present the formal grievance to the personnel officer or any
person designated by the personnel officer to serve as the
final reviewer of employee grievances.
The personnel officer or hislher designate shall discuss the
grievance with the employee and/or the employee's representative.
Within fifteen (15) days after meeting with the employee and/or
the employee's representative, the personnel officer or hislher
designate shall render a written decision regarding the merits of the
grievance. The decision of the personnel officer or hislher
designate shall resolve the grievance, and no further review of the
subject matter of the grievance shall be permitted.
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6.
C. Time Limits.
I. Any time limit set forth above may be extended by mutual written
agreement between the City and the employee and/or the
employee's designated representative in the processing of the
grievance.
2. Failure on the part of the employee andlor hislher designated
representative to comply with the prescribed time limits of this
procedure or any extensions shall constitute a withdrawal of the
grievance without further recourse.
3. Failure on the part of the City to comply with the prescribed time
limits of this procedure or any extensions shall result in
advancement to the next step of the grievance procedure.
D.
Employee Rights.
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1. The City shall not institute any reprisals against any employee or
any representative resulting from his/her use of the grievance
procedure.
2. An employee who submits a grievance, along with hislher
designated representative, may use a reasonable amount of time
during working hours to prepare for and present the grievance.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
SECTION 15: PRESENTATIONS RELATED TO GENERAL CONDITIONS OF
EMPLOYMENT
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15.01 Informal Groups and Individuals. Groups or units of employees that have not
formally organized and those that are not represented by a recognized employee
organization may consult with the City Manager or designate regarding terms and
conditions of employment. The City Manager will endeavor to solicit the views of such
employees prior to recommending significant changes in the applicable salary and
benefits resolution. Individual employees, upon their own initiative, may also provide
their views regarding general employment conditions to the City Manager or designate.
15.02 Formally Organized Groups. Employee organizations may make presentations
related to the terms and conditions of employment as provided under the Meyers-Milias-
Brown Act, commencing with Govemment Code Section 3500, and the Public Employee
Relations Ordinance of the City of Seal Beach, Seal Beach City Code Section 16A.
Individual employees may make presentations to the extent and as provided by the
Meyers-Milias-Brown Act.
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City of Seal Beach
Personnel Rules & Regulations-2006
Resolution Number 5446
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