HomeMy WebLinkAboutCC Res 5236 2004-05-24
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RESOI:.UTION NUMBER 5 ?J 3/.p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH ADOPTING THE PERSONNEL RULES AND
REGULATIONS FOR THE CITY OF SEAL BEACH FOR THE
POLICE OFFICERS ASSOCIATION AND THE POLICE
MANAGEMENT ASSOCIATION
WHEREAS, the City's Personnel Rules and Regulations have beep revised and updated
to comply with current personnel practices as well as state and federal
regulations and are attachcd as an exhibit to this Resolution; and
WHEREAS, the City has met and conferrcd in good faith with the Police Officers
Association (POA) and the Police Managemcnt Association (PMA) for the
purposes of discussing revisions to the Personnel Rules and Regulations;
and
WHEREAS, on February 18, 2003, the Civil Service Board of the City of Seal Beach
approved revisions to the Personnel Rules and Regulations and
recommended their adoption by the City Council; and
NOW, THEREFORE, BE IT RESOLVED that thc City Council of the City of Seal
Beach hereby adopts the revised Personnel Rules and Regulations attached as an exhibit
to this resolution
PASSED, ~ROVED AND ADOPTED by the City Council of the City of Seal Beach
on a 4 day of 2004 by the following vote:
AYES:
1fr'1
Councilmembers
NOES:
')~f
1~o
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Councilmembers
ABSENT:
Councilmcmbers
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ATTEST:
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Li da Devine . City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine , City Clerk of Seal Beach, California, do hereby certify
that the foregoing resolution is thc original copy of Resolution Number 523(, 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 hcld on the A <{.-n-. day of
,2004.
JJ:. n>-A {)bUh'.t
~erk
Resolution Number !J ~31o
CITY OF SEAL BEACH
PERSONNEL RULES AND REGULATIONS
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Approved and Adopted by Resolution Number 5107 (Dated February 24, 2003)
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Applicable to the following employee units: Orange County Employees Association,
Confidential, Supervisory, Professional and Technical Employees and Management/Mid-
Management Employees
Approved and Adopted by Resolution Number 5236 (Dated May 24, 2004)
Applicable to the following employee units: Police Officers Association and Police
Management Association
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Resolution Number 5;/31G
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TABLE OF CONTENTS
PAGE
, SECTION 1: AUTHORITY AND PURPOSE............................................................................1
1.01 Authority ..................................................................................................... 1
1.02 Purpose........................................................................................................ I
1.03 City Manager Authority.............................................................................. 1
1.04 Administrative Policies and Procedures ..................................................... 1
1.05 Conflict with Charter/Collective Bargaining Agreements.......................... 1
1.06 Severability .............................;................................................:.................. 1
1.07 Emergency Situations .................................................................................1
1.08 Labor Relations........................................................................................... 1
SECfION 1: DEFINITION OF TERMS .................................................................................. 2
SECTION 3: CLASSIFICATION PLAN .................................................................................. 5
3.01 Classifying Positiol'ls............:...................................................................... 5
3.02 Preparation and Maintenance...................................................................... 5
3.03 Adoption ..................................................................................................... 5
3.04 Interpretation of Classification Specifications............................................ 5
3.05 Reclassification ........................................................................................... 5
3.06 Status of Employee Occupying Reclassified Position................................ 5
SECTION 4: RECRUITMENT AND SELECTION PROCESS.................................................... 5
4.01 Nature of the Process ............................................,..................................... 5
4.02 Commencing Recruitment .......................................................................... 5
4.03 Announcement ............................................................................................ 5
4.04 Applications ................................................................................................ 5
4.05 Disqualification........................................................................................... 6
4.06 Withdrawal of Application or Candidacy................................................... 6
4.07 Appointments .............................................................................................. 6
4.08 Notice to Appointing Authority.................................................................. 6
4.09 Certification of Employment List ............................................................... 7
4.10 Probationary Appointment.......................................................................... 7
4.11 Alternate Employment Lists .................................................c:.................... 7
4.12 Provisional Appointment ............................................................................ 7
4.13 Appointment of Relatives ........................................................................... 7
SECTION 5: MEDICAL EVALUATION PROCEDURES.......................................................... 8
5.01 Physical Examination..................................................................................8
5.02 New Hires or Re-Hires................................................................................ 8
5.03 Promotion or Transfer.................................................................................8
5.04 Failing the Physical Examination ............................................................... 8
5.05 Absence Due to Illness or Physical Incapacity........................................... 8
5.06 Qualified Physician.....................................................................................8
5.07 City Financial Responsibility...................................................................... 8
5.08 General Requirements................................................................................. 8
SECfION 6: PROBATION .................................................................................................... 8
6.01 Probationary Period ............................,........................................................ 8
6.02 Exclusions from Probationary Period ......................................................... 9
6.03 Completion of Probation........................................................................... .. 9
6.04 Extension of Probation........................................................................... ..... 9
6.05 Effect of Rejection During Probation ......................................................... 9
A. Initial Probationary Period.................................................................. 9
B. Promotional Probation ........................................................................9
6.06 Appointment to a Different Classification During Probation..................... 9
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SECTION 7: PERFORMANCE Ev ALUATION ..................................................................... 10
7.01 Performance Evaluation System............................................................... 10
7 .02 Purpose...................................................................................................... 10
7.03 Preparation ................................................................................................ 10
7.04 Presentation and Response........................................................................ 10
7.05 Frequency .................................................................................................. 10
SECTION 8: COMPENSATION ........................................................................................... 10
8.01 Compensation Plan ...............................................:................................... 10
8.02 Adoption and Amendment........................................................................ 10
8.03 Step Appointment ........................................................................:............ 10
8.04 Salary at Promotion...................................................................................10
8.05 Salary at Transfer...................................................................................... 10
8.06 Salary at Demotion ................................................................................... 11
8.07 Salary Advancement ................................................................................. 11
8.08 Delay or Denial of Salary Advancement .................................................. 11
8.09 Special Performance Advancement .......................................................... 11
8.10 Flexible Compensatio'Ii Progr~s ............................................................. 11
8.11 Salary on Reemployment or Reinstatement.............................................. II
8.12 Adjustments for Leave of Absence........................................................... II
8.13 Administration .......................................................................................... 11
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SECTION 9: EMPLOYMENT STANDARDS ......................................................................... 11
9.01 Outside Employment Policy..................................................................... II
A. Outside Employment Permitted......................:................................. II
B. Notice................................................................................................ II
C. Employment While on Leave ........................................................... 12'
D. 'Prohibitions.......................................................................................12
E. Department Rules.............................................................................. 12
9.02 Personnel Records..................................................................................... 12
A. Personnel File.................................................................................... 13
B. Personal Data .................................................................................... 13
C. Inspection and Copying .................................................................... 13
D. Removal..............................:............................................................. 13
E. Personnel Forms................................................................................ 13
9.03 Political Activity ....................................................................................... 13
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SECTION 1 0: LEAVES ...................................................................................................... 13
10.01 Vacation ...................................................................................................... 13
A. Accrual.............................................................................................. 13
B. Use .................................................................................................... 13
C. Payment at Termination.................................................................... 14
D. Limitations ........................................................................................ 14
10.02 Sick Leave............................................... .................................................... 14
A. Accrual............;................................................................................. 14
B. Use .................................................................................................... 14
C. Purpose.............................................................................................. 14
D. Payment on Termination................................................................... 14
E. Verification ....................................................................................... 14
F. Substitution ....................................................................................... 14
G. Limitations ........................................................................................ 14
H. Sick Leave Abuse .......................'...................................................... 14
10.03 Family Care and Medical Leave ............................................................... 14
A. Eligibility .......................................................................................... 14
B. Use ....................................................................................................14
C. Substitution ....................................................................................... 14
D. Duration of Leave ............................................................................. 15
E. Pay and Benefits ............................................................................... 15
F. Notice ................................................................................................ 15
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G. Certification ...................................................................................... 16
10.04 Pregnancy Related Leaves........................................................................ 16
A. Eligibility .......................................................................................... 16
B. Accommodation ................................................................................ 16
C. Substitution ....................................................................................... 17
Other Provisions........................................................................................ 17
10.05 Other Disability Leaves ............................................................................ 17
10.06 Non-Medical Leaves of Absence.............................................................. 17
A. Non-Medical Leave of Absence Without Pay.................................. 17
B. Military Leave of Absence................................................................ 17
C. Jury and Witness Duty; Other Court Appearances........................... 18
D. Leave for EducationalJDaycare Purposes ......................._................ 18
E. Leave for Volunteer Firefighter Duties............................................. 19
F. Voting Time Off ..............................................:................................ 19
G. Bereavement Leave..... ....................... ...... ................... ....27
10.07 Alternate Leave Programs and Provisions.................................................. 19
10.08 Sick Leave During Worker's Compensation .............................................19
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SECTION 11 : TERMINATION ......................;..................................................................... 19
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11.01 Resignation ...............................................................................................19
11.02 Automatic Resignation.............................................................................. 19
11.03 Layoff............................:...........................................................................20
A. City Manager Authority.................................................................... 20
B. Order .................................................................................................20
C. Bumping............................................................................................ 20
D. Notice ................................................................................................ 20
E. Re-Employment ................................................................................20
11.04 Retirement.................................................................................................20
11.05 Medical Separation ................................................................................... 21
11.06 Dismissal................................................................................................... 21
SECflON 12: DiSCIPLINE................................................................................................. 21
12.01 Action by City.............................................................................................21
12.02 'Types of Disciplinary Action.................................................................... 21
12.03 Administrative Leave................................................................................ 21
12.04 Reasons for Discipline.............................................................................. 21
12.05 Written Notice of Proposed Disciplinary Action...................................... 22
12.06 Appeals of Discipline..................................................................... ...........22
12.07' Scheduling.............................................:................................................... 22
12.08 Civil Service Board................................................................................... 22
12.09 Burden ofProof......................................................................................... 22
12.10 Subpoenas ................................................................................................. 22
12.11 Decision ....................................................................................................22
12.12 No Right of Appeal for Written Reprimands............................................ 22
SECTION 13: HOURS OF WORK, OVERTIME, AND PREMIUM PA V................................. 23
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13.01 Hours of Work ............................................................................................23
13.02 Attendance ..................................................................................................23
13.04 Timesheets ..................................................................................................23
13.05 Overtime .....................................................................................................23
13.06 Overtime Premium.................................................................................... 23
SECTION 14: COMPLAINT AND GRIEVANCE PROCEDURE.............................................. 23
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14.01. Purpose of Grievance Procedure............................................................... 23
14.02 Grievance Procedure................................................................................. 23
A. Informal Discussion of Grievance .................................................... 24
B. Formal Grievance Procedure ............................................................ 24
C. Time Limits....................................................................................... 25
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D. Employee Rights............................................................................... 25
SECTION 15: PRESENTATIONS RELATED TO GENERAL CONDITIONS OF
EMPLOyMENT................................................................................................................... 1S
15.01 Informal Groups and Individuals.............................................................. 25
15.02 Formally Organized Groups ..................................................................... 25
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Resolution Number ~~~~
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 establishes the Civil Service System in
Article IX of the Charter:
"SECTION 900. Civil Service System. In order to establish
an equitable and uniform procedure for dealing with .
personnel matters; to attract to municipal service the best
and most competent persons available; to assure that
appointments and promotions of employees will be based
on merit and fitness as determined by competitive test; and
to provide a reasonable degree of security for qualified
employees, the following personnel system is created."
These Rules and Regulations ~ adopted pursuant to and in fulfillment of the
requirement of Section 905 ofthe Charter.
1.02 Purpose. These rules establish specific procedures and regulations
governing the personnel system established by the Charter. 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 and these Rules. The City
Manager's powe~ and duties as Personnel Officer are set forth in Sections 604, 901 and
910 of the Charter.'
1.04 Administrative Policies and Procedures. Pursuant to the Charter, 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 polices and procedures issued hereunder or any departmental
rules issues hereunder may be in conflict with or supersede the Charter. 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 modify 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, commencing at
California 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
Resolution Number 5~ 3~
intended to establish any new labor relations requirement or to change or expand any
labor relations requirement beyond that required by state law.
SECTION 2: DEFINITION OF TERMS
Except as otherwise provided or where the context otherwise requires, the following
terms will have the meaning provided below when used in these Rules. The definition of
a term applies to all of its variants.
Appointing Authority:
The City Manager.
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Appointment: The employment of an individual in a position.
Appointment requires that the Candidate report for work on the designated Gate and time
and actually commence work.
Candidate:
an appointment.
An individual participating in the examination process for
Charter:
The Charter of the City of Seal Beach.
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City Council:
The City of Seal Beach.
The City Council of the City of Seal Beach.
The Civil Service Board of the City of Seal Beach.
City:
Civil Service Board:
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.
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Classified Service: The Competitive Service. The terms Competitive Service
l!lld Classified Service may be used interchangeably.
Competitive Service: All full-time employees in the City service except those
specifically exempted from the Compctitive Service in the Charter. See Exempt Service,
below.
Day: A calendar day unless otherwise specified. When any
action to be taken or deadline falls 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. '
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Department Director:
a department head.
An individual assigned by the City Manager to function as
Dismissal: The involuntary separation of an employee from the City
service for disciplinary reason(s).
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Discipline: Except as otherwise provided, the suspension, involuntary
demotion, dismissal or reduction in pay of a Regular Employee in the Competitive
Service for cause.
Eligible: An individual satisfactorily completing the examination
proccss for a classification and available for an appointment.
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Employee: An individual compensated through the City payroll and
legally occupying a position in a Classification in the Competitive Service.
Employment List:
Classification.
A list of names of individuals eligible for appointment to a
Exempt Service: In addition to the persons, positions and employments
exempted from the Competitive Service by Section 904 of the Charter, the Exempt
Service includes:
I. Independent contractors;
2. Any other person who is not.a full-time employee ofthe City, including
a. Persons temporarily performing services during an emergency;
b. Persons appoint~d or performing services on a part-time,
temporary, seasonal or provisional basis or to a Classification
designated as such.
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FulI Time: Except as otherwise provided, employment intended to
comprise 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
schedulc 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. Layoff is not a disciplinary action.
Leave:
from work.
The authorized or unauthorized absence of an employee
Open Competitive Appointment: A certified list of candidates for employment gained
through an open recruitment process.
Personnel Officer:
The City Manager.
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Position: The combination of duties and responsibilities assigned to a
singl~ 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.
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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 Vl.'ho has successfully completed the initial or
new-hire probationary period of a position within the Competitive Service.
Reinstatement:
Placing an employee into hislher former position.
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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.
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Resignation:
The voluntarY separation of an employee from City service.
Rules:
The City of Seal Beach Personnel Rules and Regulations.
Salary Range: The mininlUm and maximum level of salary or pay rates for
a classification having a range.
Salary Rate: The dollar 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 his or her period of total service to the City. 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.
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Suspension: The involuntary, temporary removal of an employee from
pay status for disciplinary reason(s).
Termination:
City.
The separation of an employee from employment with the
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. The terms
Exempt Service and Unclassified Service may be used interchangeably. In some
instanccs, 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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SECfION 3: CLASSIFICATION PLAN
3.01 Classifying Positions. All positions in the Competitive Service are
grouped into Classifications and a Classification Specification is prepared for each
Classification.
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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 o~ 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 Civil Service Board for recommendation prior to action by the City
Council. The classification plan in force at the time these Rules ~ 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.
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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.
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 reclassify 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
4.01 Nature of the Process. Pursuant to and in accordance with Section 906 of
the Charter, appointments and promotions within the Competitive Service will be based
on merit and fitness. The Personnel Officer will 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 will be
designed to fairly and impartially test the qualifications of Candidates.
4.02 Commencing Recruitment. The Personnel Officer may initiate recruitment. A
recruihnent may be conducted to fill an existing Vacancy or in anticipation of a Vacancy.
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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, minimum
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.
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
ResolJ.ltion Number :5.;1 3(,
submit an application form identifying a specific position for which applications are
being accepted.
4.05 Disqualification. The Personnel Officer may disqualify 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.
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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.
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F. Failure to timely advise the Personnel Officer of a change of address,
phone number or other contact information.
4.06 Withdrawal of Application or f:andidacy. 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 all requirements and procedures of the selection process.
4.07 Appointments. Section 906 of the Charter governs appointments.
Vacancies in the classified service shall be filled in the following order of priority:
1. Re-employment from layoff for an employee on the re-employment list in
order of seniority for the classification to be filled in accordance with Section 914 of the
Charter.
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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 year of the
effective date of resignation and is discretionary. Upon reinstatement, an employee will
be credited with all previously earned 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. Closed/Promotional Employment List.
7. Open/competitive, Open Until Filled, or Continuous Employment Lists.
8. Where there are no eligible candidates available from the above sources to
fill a vacancy, a provisional appointment may be made in accordance with the relevant
provisions of Section 906 of the Charter and Section.4.12 of these Rules.
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4.08 Notice to Appointing Authority. When a vacancy is to be fillcd, 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 or she shall
initiate the necessary documents to commence certification proceedings.
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4.09 Certification of Employment List. Consistent with Section 906 of the Charter,
the Personnel Officer shall certify one of the employment lists as follows:
A. 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.
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B. Closed/Promotional Appointments. If appointment is to be made
from a closed/promotional employment list, the names of the top four candidates on the
list still eligible and available for immediate appointment shall be certified. If a second
appointment is to be made from the same closed/promotional employment l~st, the names
of the next four candidates on that list, excepting those already appointed and those no
longer eligible or available for consideration shall be certified.
C. 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 immedi:,te appointment shall be certified.
D. Open until Fined txamination 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.
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.
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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 employment
lists, the appointing authority may appoint a person on a provisional basis for a period not
to exceed six months pursuant to section 906 of the Charter unless extended pursuant to
the procedure set forth therein. Employees hired on this basis shall be notified, in
writing, that the appointment is of a provisional nature, which does not entitle them to
preference in hiring or a right to a regular position. Provisional employees do not have
any appeal rights.
4.13 Appointment of Relatives
The following policies shall govern the employment of the immediate family of
any official or employee of the City.
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.
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B. 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.
.
C. 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,
Resolution Number 5:l31P
or morale, the work of such employees involves potential conflicts of interest or other
hazards greater for married couples than for other persons.
D. 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.
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E. Waiver of this 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.
SECTION 5: MEDICAL Ev ALVA TION 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 ordcr 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.
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 whetl)er the employee is capable of performing the essential functions required
of the new position.
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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 ifhelshe is eligible.
5.05 Absence Due to Illness or Physical Incapacity. Any employee who returns
to work after an absence in excess of three 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 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 undcr 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 hislher practice as defined by
California 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.
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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.
SECTION 6: PROBATION
6.01 Probationary Period. Pursuant to Section 907 of the Charter, an employee
appointed or promoted to a position in the competitive service shall serve a probationary
(,.
Resolution Number ~A3LP
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period of not less than six (6) months. The Appointing Authority may establish a longer
probationary period for a particular appointment where circumstances warrant, as
determined by the Appointing Authority. Sworn police personnel shall serve a
probationary period of not less than twelve (12) ~onths. 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. .
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 will 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 successfullt9mpletion of probation where the probation period was
extended or was ended by rejection because the employee did not receive written notice
of retention orrejection. '
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 the 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.
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6.05 Effect of Rejection During Probation. Pursuant to Section 907 of the
Charter, an employee may be rejected during probation at any time without right of
appeal or hearing.
A. 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.
B. Promotional Probation. 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. An accordance with Section 907 of the Charter,
an employee rejected during the promotional probationary period shall be
reinstated to the position from which he or she was promoted, unless otherwise
dismissed or demoted in accordance with the Charter or these Rules.
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6.06 Appointment to a Different Classification During Probation. An employee
is not disqualified from appointment to a different classification because he or 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 returned 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.
Resolution Number 5~ 36.
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.
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 Respon~e. The performance evaluation will be presented to the
employee prior to its entry in the employee's personnel fi,le. 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 i~ 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.
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SECfION 8: COMPENSATION
8.01 Compensation Plan. The Personnel Officer will prepare, adrninister 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.
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 pursuant to delegation by the Appointing
Authority.
8.04 Salary at Promotion. Employees promoted from one 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 5% salary increase, but not more than the
top step of the Salary Range.
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.
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, .
Resolution Number 5a 3~
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.
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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 12 month increments thereafter, until the Employee reaches the top
step of a Salary Range. Advancement will be baseq on merit.
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 1I0t 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.
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 performanct 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.
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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 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 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.
8.13 Administration. Compensation, timekeeping and payroll will be
administered in compliance with established policies, procedures, instructions or
directives. Employees ,,:ill comply with these requirements.
SECTION 9: EMPLOYMENT STANDARDS
9.01 Outside Employment Policy
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A. 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.
B. 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.
Resolut,ion Number S.;? 3/,
C. 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.
D. Prohibitions
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.
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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 his/her 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
in\!,irectly to the control, inspection, review, approval, audit, or
enforcement of the City or any of its employees.
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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 hislher 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 ofhislher employment with the City.
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 appiy to this determination.
.
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E. Department Rules. Rules or procedures established in the Police
Department will supercede the outside employment provisions outlined above.
Otherwise, department rules may supplement these provisions.
9.02 Personnel Records.
Resolution Number 5~ 31.,
A. 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
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Employment or personal references
.
History of promotions and assignments
. Salary changes
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. Termination date and reason for termination
· Performance evaluations, including employee responses, ifany
· Notices and responses regarding discipline.
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B. 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.
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C. Inspection and Copying. Employees may inspect their personnel fil~s
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. '
D. 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.
E. 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 participl;lte 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.
SECTION 10: LEAVES
10.01 Vacation.
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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 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.
B. 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.
Resolution Number ~
C. 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.
D. Limitations. An employee shall not be granted, and accordingly is not
entitled to use vacation leave in advance of its accrual.
10.02 Sick Leave.
A. Accrual. Full-time employees earn 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.
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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 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.
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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 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.
10.03 Family Care and Medical Leave
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.,
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B. Use. "Family care leave" may be requested for: (I) the birth or
adoption of an employee's child; (2) the placement of a foster child with the 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.
C. Substitution. Employees are required to substitute accrued vacation time
and other paid, personal leave for all family care and medical leaves. Employees are
'1'1;
Resolution Number 6~ 3I.P
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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.
D. 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 of their child.
The substitution of paid leave for family care or medical leave does not eJ!:tend 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 ~edicalleave, 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 ofthe birth, adoption, or placement.
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Family care or medical leave for the employee's own serious health condition or for the
serious health condition of the employeels 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
alternative position with equivalent pay and benefits which better accommodates the
employee's leave schedule.
E. 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) of leave.
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.
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F. 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 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
he/she 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
Resolution Number 5~ 3~
planned, non-emergency medical treatment, the employee may be requested to reschedule
the treatment in order to minimize disruption of the City'~ business.
G. Certification. All requests for family care or medical leave should include
the anticipated date(s) and duration of the leave. Any requests for extensions ofa 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 return 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 prpvider. 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 $;ase of an unforeseeable leave, failure to provide the
required medical certification within fifteen (IS) days of being requested to do so without
any reasonabie 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.
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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 of hislher 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 opinion from a doctor of the City's choosing at the City's
expense. If the employee's health care provider and the doctor do not agree, the City
may require a third 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.
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Employees returning 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
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
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Resolution Number 5;;1 3~
':',1:.
strenuous duties if she requests it, the transfer request is supported by proper medical
certification, and the transfer can be reasonably accommodated.
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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 aildition 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.
I
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 medicaI
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 slJall 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
accommodation. For a full explanation of leave duration and reinstatement rights,
ernployees 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.
I
A. 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.
B. Military Leave of Absence. Employees whose participation in the
uniformed services or other military duty is mandatory will be granted rnilitary leave as
required by law. Employees must notify their immediate supervisor as soon as they
Resolution Number 5,;/ 3lP
know the required dates of service and, if requested, must furnish the supervisor with a
copy of the official orders or instructions. Upon retum 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: (I) 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 he/she is eligible
for reinstatement.
C. Jury and Witness Duty; Other Court Appearances. The City will
provide employees time off to serve, as required, on a jury 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: (I)
appear in court or in other judicia! 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.
I
Except as otherwise provided by ltl~, 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 (I2)-month
period. However, this provision will not be applied in a manner that will conflict any
exemption under the Fair Labor Standards Act. An employee may elect to substitute
accrued vacation during any unpaid lea~e due to jury duty or a witness appearance.
An employee called for jury duty shall give the City Manager reasonable advance written
notice ofthe 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 cmcrgency 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 attorney within fifteen (IS) days' of the absence that the
employee has appeared in court.
I
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 hislher regular work day.
D. Leave for Educational/Daycare Purposes. Employees will be granted
time off without pay up to 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.
I
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 providc written
verification is grounds for disciplinary action.
,
, '1
Resolution Number ~&
E. 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.
I
F. Voting Time Off. Employees who do not have sufficient time outside
oftheir regular working hours to vote in a statewide election may request time off to
vote. Ifpossible, 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.
G. 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 alternate leave programs, such as a paid time-off program, to
substitute for some or all of the ~c:ave 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 vaqation 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.
I
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 day the employee is absent from duty due to the injury
and thereafter until the first 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 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 weeks in advance. Any supervisor
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 his or
her 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.
Resolution Number 5~ 3ft,
11.03 Layoff.' Section 914 of the Charter governs the abolition of positions within
the Classified Service, including any resulting layoff.
A. City Manager Authority. Except as otherwise determined by the City
Council, 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 the Charter, as supplemented by
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.
I
. 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 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.
I
The act of an employee displacing another employee will be classified as a
demotion in lieu of layoff. 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.
D. Notice. The City Manager shall provide at least 10 (ten) days prior notice
to any employee who will be laid off. Alternatively, the employee may be provided pay
or salary in-lieu of all or any portion of the notice period.
I
E. Re-Employment. Employees laid off will be placed on re-
employment lists, as provided in Charter Section 914.
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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I
I
Resolution Number 5~:3lo
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.
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 pc;rsonnel 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 cl!l8sified
position. All other employees are at-will and can be terminated at any time, with or
without cause or notice.
12.02 Types of Qisciplinary Action. Disciplinary action includes but is not
limited to suspension, demotion, ~9uction in pay, or dismissal.
12.03 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 thai are not inconsistent with these rules or law.
12.04 Reasons for Discipline. Disciplinary action may be taken for cause,
including but not limited to any of the following causes:
a.
b.
Absence without authorized leave.
Any act or threat of workplace violence or fighting on the
job.
Appearing or remaining on duty during work hours while
under the influence of alcohol, controlled substances, non-
prescription or unauthorized narcotics, or dangerous drugs.
Bribery or the receiving of or the giving of other unlawful
gifts or gratuities.
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.
Chronic absenteeism or the pattern of frequently failing to
report for duty at the assigned place ~d time.
Conviction ofa crime affecting the'employee's suitability
for employment with the City.
Dereliction of duty.
Dishonesty.
Failure to maintain grooming, clothing, or uniform
standards.
Falsifying a timecard or other City records.
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.
Gross negligence.
Improper use of authority for personal gain or satisfaction.
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.
Inexcusable neglect of duty.
Insubordination.
Non-compliance with applicable Conflict of Interest
provisions.
Offensive treatment of the public or of another employee.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
p.
q.
r.
s.
Resolution Number 5J 3~
1.
u.
v.
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aa.
bb.
Refusing or failing to perform work assigned; refusing or
failing to perform a lawful direct order.
Sleeping on the job.
Theft of City equipment or supplies, or theft from a co-
worker.
Unauthorized release of confidential information from
official records.
Unfitness for duty.
Unlawful discrimination, harassment, or retaliation.
Unsatisfactory work record.
Willful failure to follow work rules or to perform work as
required.
Willful failure to observe City safety rules.
I
cc. Other causes as determined by the City.
12.05 Written Notice of Proposed Disciplinary Action. Prior to imposing
disciplinary action, the official proposing to take disciplinary action will notify the
employee in writing of the natq~e 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 of his or her right to
receive copies of the written documents and materials on which the proposed action is
based and ofthe employee's right to respond, either orally or in writing. The notice may
establish procedures and a reasonable d~adline for the response.
12.06 Appeals of Discipline. Employees shall have the right to appeal the
imposition of disciplinary action. Requests for an appeal hearing shall be in writing,
signed by the employee, and presented to the Personnel Officer within ten (10) days after
the date of the written notice required by Section 12.05. 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.
I
12.07 Scheduling. The Personnel Officer will schedule a disciplinary hearing after the
filing of the employee's request, considering the requirements of Charter Section 913 and
the convenience of the employee and witnesses. Any time limit for conducting
scheduling the hearing may be waived by mutual agreement of the parties.
12.08 Civil Service Board. The Civil Service Board will conduct the disciplinary
hearing as provided in Charter Section 913. Any party may be represented by an attorney
or, in the case of any employee, an employee organization representative.
12.09 Burden of Proof. The City shall have the burden of proof at the disciplinary
'hearing and shall be required to prove the charges against the employee by a
preponderance of the evidence.
12.10 Subpoenas. The Civil Service Board may compel the attendance of witnesses
or production of evidence by subpoena, as provided in Section 903 (b) of the Charter or
as otherwise permitted by law.
I
12.11 Decision. The Civil Service Board shall issue its decision in compliance with
Section 913 of the Charter, except that any time limit may be waived by mutual
agreement of the parties. The action of the Civil Service Board constitutes a final
resolution of any disciplinary action and no further'appeal shall be permitted within the
city's administrative process.
12.12 No Right of Appeal for Reprimands. Notwithstanding any other provision
in these Personnel Rules, there shall be no right of appeal or grievance for oral or written
reprimands.
j
Resolution Number 5;1 3~
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. .
I
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 return to duty within 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 lime 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 appl\lpriate 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. .
I
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
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: '
.
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.
.
The grievance procedure shall not be used for:
.
The resolution of any grievance concerning 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 gricvanpes regarding deferred advancement;
oc ,
The resolution of any grievance related to any concerted refusal to work.
.
I
.
.
.
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 ifthe
employee's second-line supervisor is the department director.
Resolution Number !5.;? 3lP
A. Informal Discussion of Grievance.
1.
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.
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 his/her grievance
informally with his/her supervisor's immediate supervisor.
If this discussion does not satisfactorily resolve the grievance, the
employee shall have the right to file a formal grievance.
I
2.
3.
B. Formal Grievance Procedure.
Provided that the employee's grievance was not satisfactorily resolved by
the informal grievance discussion,'the following steps of the 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 his/her 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, ifany, 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;
. 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 of the act that
generated the grievance;
. The employee's specific suggested solution to the grievance;
I
and
. The employee's signature.
2. The employee shall present his/her formal grievance to the
department director. The department director shall discuss the
grievance with the employee and/or his/her representative.
3. 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.
4.
5.
a. If the employee does not seek further review ofthe
grievance within five (5) working days after his/her receipt
of the department director's decision, the grievance shall be
considered resolved, and no further review of the subject
matter ofthe 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 his/her designate shall discuss the
grievance with the employee and/or the employee's representative.
I
Resolution Number, 5~ .3~
6. Within fifteen (15) days after meeting with the employee and/or
the employee's representative, the personnel officer or his/her
designatc shall render a written decision regarding the merits of the
grievance. The decision of the personnel officer or his/her
designate shall resolvc the grievance, and no further review of the
subject matter of the grievance shall be permitted.
C. Time Limits.
I 1. 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 and/or his/her designated
, ' representative to comply with the prescribed time limits ofthis
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 ofthis.procedure or any extensions shall result in
advancement to the next step of the grievance procedure.
D. Employee Rights.
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 grievancc, along with his/her
designated representative, may use a reasonable amount oftime
during working hours to prepare for and present the grievance.
I SECTION 15: PRESENTATIONS RELATED TO GENERAL CONDITIONS OF EMPLOYMENT
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. Thc 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.
I
15.02 Formally Organized Groups. Employee organizations may make
prescntations 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 l6A. Individual employees may make presentations to the extent and as
provided by the Mey<:rs-~i1ias-Brown Act.
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