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Home My WebLink AboutCC Res 3959 Not Adopted p>,f)* ~b'P~,~~P ~ t'-' ~ "1.,,.1 J.tlOl~ 0 RESOLUTION NUMBER ..1?s-rJ t.}O ~;: t.*,O ~preA RESOLUTION OF THE CITY COUNCIL OF THE CITY ~ r~ ~ OF SEAL BEACH, CALIFORNIA, ADOPTING A ~I ff PERSONNEL POLICY FOR THE CITY OF SEAL BEACH ~D AND RESCINDING RESOLUTION NUMBER 3254 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on May 3, 1990, the Civil Service Board of the City of Seal Beach reviewed the Personnel policy and recommended adoption of same pursuant to the Charter of the City of Seal Beach; and WHEREAS, the city Manager, acting as Personnel Officer, also recommends adoption of the Personnel Policy; and WHEREAS, the Seal Beach Police Officers' Association and the orange County Employees' Association have agreed to the Personnel Policy under the Meyers-Milias-Brown Act. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Seal Beach hereby adopts the attached Personnel Policy marked as Exhibit A. I BE IT FURTHER RESOLVED that the city Council of the City of Seal BEach does hereby rescind Resolution Number 3254. PASSED, APPROVED AND ADOPTED BY THE city Council Seal Beach, at a meeting thereof held on the , 1991 by the following vote: of the city of day of AYES: Councilmembers NOES: Councilmembers I ABSENT: councilmembers Mayor ~ ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne, M. Yeo, city Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the city Clerk, passed, approved and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1990. City Clerk I - ~.. ~ ~ . I I I Resolution Number ~~ . CITY OF SEAL BEACH PER SON N E L POL ICY Prepared by Robert Archibold Assistant to City Manager Approved by civil Service Board May 3, 1990 Approved by City Council Resolution Number -19~~ / TABLE OF CONTENTS RULB I - DEFINITION OF TBRMS.................................. SECTION 1 ACTUAL SERVICE/CONTINUOUS EMPLOYMENT/LENGTH OF SERVICE/SENIORITy................................ ADVAlfCEKBIIT..................................... . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SECTION 21 SECTION 22 SECTION 23 SECTION 24 SECTION 25 SECTION 26 SECTION 27 SECTION 28 SBCTION 29 SECTION 30 SECTION 31 - SECTION 32 SBCTION 33 SBCTION 34 SECTION 35 - SECTION 36 - SECTION 37 SBCTION 38 SECTION 39 SBCTION 40 SBCTION 41 SECTION 42 SBCTION SECTION SECTION SECTION SBCTION SBCTION SBCTION SBCTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SBCTION SBCTION SECTION SECTION 43 AlDfIVBRSARY DATE................................. APPOINTING AUTHORITy............................. APPOlliTMBllT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C:ITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CLASSIFICATIOH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I CLASSIPIBD SERVICB............................... J)~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DBKOTIOH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEPARTMENT DIRECTOR.............................. I)IIIC~c;ll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I)ISCIPLINAR~ ACTION.............................. ELICJIIILB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EMPLOYEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EMPLOYKBIIT LIST.................................. EXAMIBATIOH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EXBKPT EMPLOyEE.................................. FULL-TIME EMPLOyEE............................... LA~OFF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MEDICAL EVALUATION............................... ROKBXEKPIf EMPLOyEE............................... PART-TIME EMPLOyEE............................... PAY RABGB........................................ PAY RATE......................................... PERSOHHEL OFFICER................................ POSITIOB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PREVAILING PAY RATE.............................. PROBATIOBARY PERIOD.............................. PRONOTIOB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I PROVISIOBAL APPOIHTHEHT.......................... REGULAR EKPLOYEE................................. REIHSTATBHBBT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RE\rBCTIOIf. . . . . . . . . . .... . . .... . . . ... . ... .. . .. . .... REPRllIAIfD. . . . . . . . ....... ...... .. . ... . .. . . . ... . ... RELIEF OF DUTy................................... SEASONAL EKPLO~BB................................ SUSPBNSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TBHPORAR~ EKPLO~IlE............................... TBRMINATIOB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T~SFBR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UHCLASSIFIBD SBRVICE............................. VOLUNTEER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RULE II - ADMINISTRATIVE PROCEDURES........................... SBCTION SBCTION SECTION SBCTION SECTION RULE III SECTION SECTION SECTION SECTION SECTION SBCTION 1 2 3 4 5 PURPOSB OF PERSORHEL RULBS....................... DELEGATION OF AUTHORITy................:......... ADMINISTRATIVE POLICIES AND PROCEDURES........... PBRSORHBL FILES.................................. SEVBRABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CLASSIFICATION PROCEDURES.......................... 1 2 3 4 5 6 PREPARATION OF CLASSIFICATION PLAN............... ADOPTION OF CLASSIFICATION PLAN.................. ALLOCATION 01' POSITIONS.......................... CLASS SPECIFICATIONS............................. I IIEW POSITIONS.................................... RECLASSIFICATIONS................................ RULB"IV - RECRUITMBNT PROCEDURES.............................. SECTION SECTION SECTION SBCTION 1 2 3 4 DBTERMINATION AND ANNOUNCEMENT OF VACANCy........ APPLICATION PROCESS.............................. DISQUALIFICATION OF APPLICANTS................... CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT.. Re5olution~~umber ~~ RULE V - EXAMINATION PROCEDURES............................... SECTION 1 SBCTION 2 SECTION 3 SECTION 4 SECTION 5 I RULB VI SECTION 1 SBCTIOH 2 SECTION 3 SECTION 4 RULB VII SECTION 1 SBCTION 2 SBCTION 3 SBCTION 4 SECTION 5 SECTION 6 SBCTION 7 SBCTION 8 SBCTION 9 NATURE OF BXAMINATION PROCESS.................... OPBN AND CLOSED EXAMINATIONS..................... ADMINISTRATION OF EXAMINATIONS................... GRADING OP EXAKIHATIOHS.......................... NOTIFICATION OF BXAMINATION RESULTS AND REVIEW OF EXAHlIlATIOHS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BHPLOYMBIIT LIST PROCEDURES.......................... PRBPARATION OP EMPLOYMENT LIST................... DURATIOR OF EKPLOYMBRT LIST...................... REMOVAL OF HAKBS FROM EMPLOYMENT LIST............ RBIHSTATBHBRT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPOIN'l'MBBT PROCEDURES............................. TYPES OF APPOINTMENT............................. EVALUATION OF ELIGIBLES......................... Jln BIRB........................................ REBKPLOYHBHT... .. . . .... . . . . . .. . . . . . .. . . . .. . . .. . . TRANSPER. . . . . ...... . . . ... .. .. . . ... . . ... . . . . . ... . "OIl~~~ DIIIlO~J[OJl.............................. I1EAVB 01' ABSBNCB................................ PRO"ISIOBAL APPOIJlTMEJIT......................... RETURN TO WORK AFTBR SERIOUS INJURY OR ILLNBSS.. RULB VIII - MEDICAL EVALUATION PROCEDURES.................... SECTION 1 SECTION 2 SECTION 3 PRB-APPOINTMBNT MBDlCAL EVALUATION.............. DISCRBTIONARY MEDICAL EVALUATION................ PAYMENT POR MEDICAL EVALUATION.................. II RULE IX - PERFORMANCE EVALUATION PROCEDURES.................. SBCTION 1 SECTION 2 SECTION 3 PURPOSB OF PERFORMANCE RBPORT................... PREPARATION OF PERFORMANCE REPORT............... IIIlPIIOYEE BPIEW PROCESS......................... RUIIE X - PROBA~IONARY PROCEDURES............................. SBCTION 1 SBCTION 2 SECTION 3 SECTION 4 SBCTION 5 DURATIOH OF PROBATIONARY PERIOD................. OBJECTIVE OF PROBATIONARY PERIOD................ REGULAR APPOINTMENT POLLOWING PROBATIONARY PERIOD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . REJECTION DURING PROBATIONARY PBRIOD............ BXTENSION OF PROBATIONARY PERIOD................ RUIIB XX - COMPBJlSA~XOJl PROCBDURES............................ SECTION 1 SBCTION 2 SBCTION 3 SECTION 4 SECTION 5 SBCTION 6 I SECTION 7 SECTION 8 RULE XII SECTION 1 SBCTION 2 SBCTION .3 PREPARATION OF COMPENSATION PLAN................ BS~ABLXBRMBNT 01' PAY RATBS...................... PAYROLL DBDUCTIONS.............................. PAY RA~BS UPON AD"ANCBMEHT...................... DEFERRED OR ACCELERATED ADVANCEMENTS............ OVERTIME COMPEHSATXOH........................... PAYCHECK UPON TBRMINA~ION....................... VACATION CHECKS................................. RESIGNATION. LAYOFF AND RETIREMBNT PROCBDURES..... RBSIGHATIOJ!l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAYOPF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BETIRBHBIf'l'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RULE XIII - DISCIPLINARY PROCEDURBS.......................... SECTION 1 SBCTION 2 LEGITIMATE REASONS FOR DISCIPLINARY ACTION...... DISCIPLINING AUTHORITy.......................... Resolution Number ~~ SBCTION 3 SECTION 4 SECTION 5 SBCTION 6 SECTION 7 RULE XIV SECTION 1 - KINDS OF DISCIPLINARY ACTION.................... DISCIPLINARY PROCEDURES......................... RBPRBSBHTATIOB.................................. BMERGEHCY SUSPBHSIOH............................ PUBLIC SAFETY OppleERS.......................... APPEAL PROCEDURIS................................. - TYPES OF APPEAL PROCEDURES...................... RULB XV - GRIEVANCE PROCEDURBS............................... I SBCTION SBCTION SBCTION SBCTION RULB XVI SECTION SECTION SECTION SECTION 1 PURPOSE OF GRIEVANCE PROCEDURE.................. 2 INFORMAL DISCUSSION OF GRIEVANCE................ 3 FORMAL GRIBVABCB PROCEDURB...................... 4 - GENERAL PROVISIONS.............................. EMPLOYEE EXPENSES................................. 1 - EMPLOYEE INCURRED EXPBNSES AND REIMBURSEMENT ... 2 TRAVEL RIIKBURSBKBIrl'............................ 3 CONFBRENCES AND MEETINGS........................ 4 RBQUIRED MANAGEMBNT APPROVAL.................... RULE XVII - MISCELLANEOOS PROCEDURES......................... SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SBCTION 9 SECTION 10 SECTION 11 SBCTION 12 SECTION 13 SECTION 14 SECTiON 15 OUTSIDE EMPLO~EHT.............................. CONFLICT OF INTBRBST............................ JURY DUTy....................................... SEXUAL HARASSIIBIfT............................... SUBSTARCB ABUSE................................. SKOltllfG POLICy.................................. POIITIO. DESCRIPTIO.S........................... EKPLOYBB ORIEHTATIOIf............................ GRATUITIES TO CITY EMPLOyEES.................... POLITICAL ACTIVITIBS............................. EMPLOYEB PRIVACy................................ TBLBPHONB PRIVACy............................... EQUAL OPPORTUNITY POLICy........................ EMPLOYMENT OF RELATIVBS AND MARRIED PERSONS..... LIFE-THREATENING ILL.ESSES...................... I RULE I DEFINITION OF TERMS The following terms, whenever used in these Personnel Rules, shall have the meanings set forth in this rule. SECTION 1 ACTUAL SERVICE/CONTINUOUS EMPLOYMENT/LENGTH OF SERVICE/SENIORITY: Total time spent in the employ of the City, including all days of attend~nce at work, and approved leave~ of absence whether paid or nonpa~d, but shall not include unauthor~zed absences, time spent between employment with the City, suspensions or layoffs. SECTION 2 ADVANCEMENT: Advanc~ment shall me~n a pay rate increase given to an employee, cont~nqent upo~ ~er~~, within the pay range established for the employee's class~f~cat~on. SECTION 3 - ANNIVERSARY DATE:. The date on which an employee is initially appointed to the City'S employ, or a date adjusted as required for any break in continuous service. I The city Manager shall be the SECTION 4 - APPOINTING AUTHORITY: appointing authority. SECTION 5 - APPOINTMENT: The offer to and acceptance by an individual of a position in a classification in the City's employ. There are two types of appointments: I I I Resolution Number ~~~ (a) Initial appointments: The appointment of an employee who (i) has not previously been employed by the city or (ii) who has previously been employed by the City but is returning after a break in service. (b) Promotional appointment: The appointment of a city employee to a new job classification through promotion. SECTION 6 - CITY: The city of Seal Beach SECTION 7 - CLASSIFICATION: All positions assigned to the same job title. SECTION 8 - CLASSIFIED SERVICE: All classifications in the city service except those in the unclassified service. SECTION 9 - DAY: A calendar day. SECTION 10 - DEMOTION: The movement of an employee from one classification to another classification having a lower maximum base rate of pay. SECTION 11 - DEPARTMENT DIRECTOR: An individual assigned by the City Manager to function as a department head. SECTION 12 - DISCHARGE: The involuntary termination of an employee for a disciplinary reason. SECTION 13 - DISCIPLINARY ACTION: reduction in pay, or suspension for any non-punitive reasons. The discharge, demotion, punitive reasons and not for SECTION 14 - ELIGIBLE: An individual satisfactorily completing the examination process for a classification and who is available fO,r appointment. SECTION 15 - EMPLOYEE: An individual compensated through the city payroll and assigned to a classification in the classified service. Employee does not include positions in the unclassified service. SECTION 16 - EMPLOYMENT LIST: A listing of names of individuals eligible for appointment to a classification. There are two types of employment lists: (a) Open employment list: a list of names of eligible persons who have taken an open-competitive examination for a classification in the classified service and have qualified. (b) Promotional employment list: A list of names of persons who have taken a promotional examination for a classification in the classified service and have qualified. SECTION 17 - EXAMINATION: A method of determining qualified for a classification in the classified service. are two types of examinations: who is There (a) open-competitive examination: An examination for a particular class which is open to all persons meeting the minimum qualifications for the classification. (b) Promotional examination: An examination for a particular classification which is open only to employees meeting the minimum qualifications for the classification. SECTION 18 - EXEMPT EMPLOYEE: An employee who is exempt from the overtime pay provisions of the federal Fair Labor Standards Act. SECTION 19 - FULL-TIME EMPLOYEE: An employee who is regularly scheduled to work at least forty (40) hours per week. SECTION 20 - LAYOFF: The separation of an employee from the active work force due to lack of work or funds, organization changes, or the abolition of positions. . Resolution Number 39.5"1 SECTION 21 - MEDICAL EVALUATION: An evaluation of the individual's mental and/or physical ability to perform job duties. SECTION 22 - NONEXEMPT EMPLOYEE: An employee who is not exempt from the overtime pay provisions of the federal Fair Labor Standards Act. SECTION 23 ,- PART-TIME EMPLOYEE: An employee who is regularly scheduled to work less than forty (40) hours per week. SECTION 24 - PAY RANGE: compensation plan. SECTION 25 - PAY RATE: A specified dollar amount assigned to a merit step within a pay range. A level of pay established in the I SECTION 26 - PERSONNEL OFFICER: The City Manager or his designee shall be the Personnel Officer. SECTION 27 - POSITION: The duties and responsibilities assigned to an employee within a classification in the classified service. SECTION 28 - PREVAILING PAY RATE: The regular, hourly pay range assigned to an employee. SECTION 29 - PROBATIONARY PERIOD: A period of time which is an integral part of the examination, recruiting, testing and selection process for employment. During the probationary period, an employee is required to demonstrate fitness for the position to which the employee is tentatively appointed by actual performance of the duties of the position. Probationary periods shall apply to both initial appointments and promotional appointments. SECTION 30 - PROMOTION: The appointment of an employee to a different classification with a higher maximum pay range. SECTION 31 - PROVISIONAL APPOINTMENT: An appointment made on a I provisional basis pursuant to these Rules. SECTION 32 - REGULAR EMPLOYEE: An employee in the classified service who has successfully completed the probationary period and has been retained as provided in these Rules. SECTION 33 - REINSTATEMENT: The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non-probationary employee. SECTION 34 - REJECTION: The termination of a probationary employee during the probationary period. SECTION 35 - REPRIMAND: A reprimand is a written criticism of an employee's work performance and issued to an employee in accordance with administrative policies and procedures. SECTioN 36 - RELIEF OF DUTY: The temporary assignment of an employee to a status of leave with pay. SECTION 37 - SEASONAL EMPLOYEE: An employee who is appointed to fill a position which lasts for that portion of a year in which the greatest amount of activity which is associated with the I position typically occurs. SECTION 38 - SUSPENSION: The temporary assignment of an employee to a status of leave without pay for a disciplinary action. SECTION 39 - TEMPORARY EMPLOYEE: fill a position for a limited exceeding ninety (90) days. An employee who is appointed to period of time, generally not SECTION 40 - TERMINATION: employment with the city. The separation of an employee from I I I .. Reso],ution Number ...!Jt?Sf? SECTION 41 - TRANSFER: A change of an employee from one position to another position in the same classification or in a comparable classification. A comparable classification is one with the same salary and same qualifications as the employee's classification prior to transfer. SECTION 42 - UNCLASSIFIED SERVICE: consists of the following: The unclassified service (a) Elective officers; (b) Individuals serving on boards, commissions, and agencies; (cl Individuals performing services under contract; (d) city attorney; . (e) Temporary, part-time or seasonal employees; (f) city Manager; (g) Department director; (h) Volunteers; .(il Provisional appointees. SECTION 43 - VOLUNTEER: A person providing voluntary service to the city for which he or she is not compensated through the City's payroll. RULE II ADMINISTRATIVE PROCEDURES SECTION 1 - PURPOSE OF Personnel Rules: These Personnel Rules establish the policies and procedures for the administration of the city's personnel system. The Personnel Rules shall apply only to those employees occupying positions in classifications in the classified service. All employment relations matters contained in the Personnel Rules which are concerned with the merits, necessity and organization of the City are not subject to the meet and confer process unless the modification of the Personnel Rules impacts on matters within the scope of representation. SECTION 2 - DELEGATION OF AUTHORITY: Except as otherwise provided, all duties, responsibilities, powers and authorities granted by the Personnel Rules to the appointing authority, Personnel Officer, or department directors may be delegated, in writing, to any subordinate employee or department director at the discretion of the delegating individual. SECTION 3 - ADMINISTRATIVE POLICIES AND PROCEDURES: The appointing authority has the exclusive authority to issue administrative policies and procedures to implement these Personnel Rules. SECTION 4 - PERSONNEL FILES: The Personnel Officer shall maintain a personnel file for each employee in the personnel division. The contents of personnel files shall be confidential and shall be reviewed by others in accordance with administrative policies and procedures and applicable law. SECTION 5 - SEVERABILITY: In the event that any rule, section, or subsection of these Personnel Rules shall be declared invalid by any court, or by any state or federal law or regulation, such determination shall not affect the validity of the other rules, sections and subsections of these Personnel Rules. Resolution Number ~~~~ RULE III CLASSIFICATION PROCEDURES SECTION 1 - PREPARATION OF CLASSIFICATION PLAN: The Personnel Officer shall be responsible for the preparation and maintenance of the classification plan. The classification plan shall consist of job specifications for classifications in the classified service. The classification plan may be amended from time to time. During the process of amending the classification plan, any I recognized employee organization affected by the modification shall be advised. SECTION 2 - ADOPTION OF CLASSIFICATION PLAN: The classification plan shall not be effective until adopted by the City Council after submission to and recommendation by the civil Service Board. SECTION 3 - ALLOCATION OF POSITIONS: The Personnel Officer shall allocate every position in the classified service to one of the classifications established by the classification plan and shall allocate all positions substantially similar to the same classification. Each department director shall promptly report to the Personnel Officer any material changes in the duties of any position so that the classification plan shall be current. SECTION 4 - CLASS SPECIFICATIONS: The classification plan shall consist of job specifications which shall set forth a descriptive title, typical duties and responsibilities and the training, experience, and other qualifications necessary or desirable for the effective performance of each position within a classification. SECTION 5 - NEW POSITIONS: A new position in the classified service shall not be created and filled until the classification plan has been amended to provide therefor and an appropriate I employment list established for such position. SECTION 6 - RECLASSIFICATIONS: Positions, the assigned duties of which have been materially changed by the City so as to necessitate reclassification, whether new or already created, shall be allocated by the Personnel Officer to a more appropriate class. RULE IV RECRUITMENT PROCEDURES SECTION 1 - DETERMINATION AND ANNOUNCEMENT OF VACANCY: The Personnel Officer shall determine when a vacancy exists in a position. The Personnel Officer shall publicly announce such vacancy in a classification in the classified service by such methods as the Personnel Officer deems appropriate. The announcement shall be made at least fifteen (15) calendar days prior to the closing date for receipt of applications, unless the Personnel Officer determines that good cause exists for a shorter period of time. The announcement shall specify the title and pay range of the classification, examples of duties, qualifications, and ~pplication procedures. SECTION 2 - APPLICATION PROCESS: Applicants shall prepare and submit their applications as prescribed in the announcement and shall sign the application under penalty of perjury. SECTION 3 - DISOUALIFICATION OF APPLICANTS: The Personnel Officer may disqualify any applicant from the recruitment process at any time upon the showing of a legitimate reason. Defective applications may be returned to the applicant with notice to amend the same providing the time for receiving applications has not expired. I I I I Res~iu:ei6n Number 39Sf SECTION 4 - CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT: Conviction, including pleas of nolo contendere, of a crime may be reason for disqualification of an applicant for employment. In disqualifying an applicant on this basis, the Personnel Officer shall determine whether disqualification is justified by business necessity, based upon a consideration of (a) the nature and gravity of the offense(s), (b) the lapse of time between. the conviction and/or the completion of the sentence, and (c) the nature of the job held or sought. RULE V EXAMINATION PROCEDURES SECTION 1 - NATURE OF EXAMINATION PROCESS: The examination process shall measure the relative abilities of the applicants to perform the duties and responsibilities of a particular classification and shall examine the qualifications of an applicant by a variety of methods as determined by the Personnel Officer. The probationary period shall be considered as a portion of the examination process. SECTION 2 - OPEN AND CLOSED EXAMINATIONS: The Personnel Officer shall have the exclusive authority to determine whether an open or closed examination shall be conducted prior to the preparation of an employment list. All qualified employees are eligible to compete in promotional examinations but only regular employees are eligible for promotion. SECTION 3 - ADMINISTRATION OF EXAMINATIONS: The Personnel Officer shall be responsible for the preparation and administration of all examinations. The Personnel Officer may request assistance from other individuals regarding the administration, construction, and grading of examinations. The Personnel Officer may change the location of' an examination or postpone or cancel an examination upon the showing of a legitimate reason. SECTION 4 - GRADING OF EXAMINATIONS: The Personnel Officer may use any reasonable manner or method to grade the examinations. The Personnel Officer shall determine the eligibility of applicants for appointment based upon the grades received during the examination process. SECTION 5 - NOTIFICATION OF EXAMINATION RESULTS AND REVIEW OF EXAMINATIONS: Each candidate in an examination shall be given notice of the results thereof, and if successful, of the final earned score and/or rank on the employment list. All candidates shall have the right to inspect their own test answer sheet within five working days after the notification of examination results. Any error in computation, if called to the attention of the Personnel Director within this period, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made. All candidates also have the right to call to the attention of the Personnel Director any other alleged irregularities in the examination process within five working days after notification of examination results; in such a case, the Personnel Officer may take such action as the Personnel Officer deems to be appropriate. RULE VI EMPLOYMENT LIST PROCEDURES SECTION 1 - PREPARATION OF EMPLOYMENT LIST: As soon as possible after the completing of an examination, the Personnel Officer shall prepare an employment list based on the relative abilities of the applicants as determined through the examination process. SECTION 2 - DURATION OF EMPLOYMENT LIST: An employment list shall be effective for six (6) months from the date of certification by the civil Service Board. The Civil Service Board may extend an Resolution Number ~ employment list for an additional six (6) -month period but no employment list shall be effective for more than two (2) years after certification. The Personnel Officer may cancel an employment list, in writing, at any time. SECTION 3 - REMOVAL OF NAMES FROM EMPLOYMENT LIST: The Personnel Officer may remove an individual's name from the employment list upon the showing of a legitimate reason. Legitimate reasons include, but are not limited to, a request from the eligible that the name be removed, the eligible's failure to respond to a notice of certification mailed to the last designated address, and the resignation or termination of the eligible from another position within the city's classified service. SECTION 4 - REINSTATEMENT: Employees laid off or demoted in lieu of layoff shall have their name placed on a reinstatement list for their former classification. Such employees shall be offered the opportunity to be reappointed to their former classification only if a vacancy in such classification occurs within two (2) years of the effective date of their layoff or demotion in lieu of layoff. This reappointment opportunity shall be offered to employees in the reverse order of their layoff or demotion in lieu of layoff. A laid off employee reappointed from a reinstatement list shall be considered as having been on leave of absence without pay during the period of layoff. I RULE VII APPOINTMENT PROCEDURES SECTION 1 - TYPES OF APPOINTMENT: The appointing authority has the exclusive authority to fill vacancies in the city's classified service. At the discretion of the appointing authority, vacancies shall be filled by demotion, reemployment, reinstatement, transfer, or appointment from an employment list. In the absence of persons I eligible for appointment in these ways, provisional appointments may be made in accordance with Rule VII, Section 7 of these personnel Rules. An appointment shall not be effective until the individual reports for duty at the required time. SECTION 2 - EVALUATION OF ELIGIBLES: When the appointing authority decides to fill a vacancy by an appointment from an employment list, the Personnel Officer shall transmit the employment list to the department director for evaluation. The department director shall review the names of the top three eligibles for each vacancy. After the interview process, the department director shall recommend to the appointing authority, in writing, the name of an eligible to fill each vacancy. The appointing authority may approve the recommendation of the department director, return the recommendation to the department director for further evaluation of the eligibles, or appoint an eligible from the employment list. If the department director does not wish to make a selection from the top three eligibles, the department director may request the Personnel Officer to request that the civil Service Board authorize an appointment of another on the eligibility list. If there are less than three names on an employment list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new I list. When so requested, the Personnel Officer shall hold a new examination and establish a new employment list. SECTION 3 - NEW HIRE: The Personnel Department is responsible for having the new employee fill out all pre-employment forms, benefit applications, and enrollment forms; and providing basic information on pay and enrollment forms; and providing basic information on leave policy, benefits, parking, and working hours. within the I I I R~'so'icl-tion Number .390/ first week of employment, a new employee orientation will be conducted by the Personnel Department. SECTION 4 - REEMPLOYMENT: With the approval of the department director and the appointing authority, a former employee who had resigned from a positipn in the city's classified service and who had a satisfactory employment record with the City, may be included by the Personnel Officer on the employment list for their former classification. Notwithstanding any other provision of these rules, the former employee's name shall be removed from the employment list at the expiration of one (1) year following the effective date of the employee's resignation. Upon reemployment, an employee shall be credited with all previously earned seniority and merit increases and shall not be required to serve a probationary period. SECTION 5 - TRANSFER: With the approval of the appointing authority, a department director may fill a vacancy by transferring an employee within the same department. SECTION 6 - VOLUNTARY DEMOTION: upon written request of an employee and with the approval of the appointing authority, an employee may voluntarily demote to a different classification. A voluntarily demoted employee shall be assigned to the highest pay rate in the pay range for such employee's new classification which is no more than the employee's pay rate in effect immediately prior to such demotion. SECTION 7 - LEAVE OF ABSENCE: The city Council may grant a regular employee leave of absence without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the Personnel Officer. Upon expiration of a regularly approved leave, or within 10 days after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of any employee on leave to report promptly at its expiration, or within 10 days after notice to return to duty, may be cause for discharge. SECTION 8- PROVISIONAL APPOINTMENT: In the absence of names of individuals willing to accept appointments from appropriate employment lists, the appointing authority may make a provisional appointment of a person meeting the minimum training and experience qualifications for the position. Such an appointment may also be made under appropriate circumstances, including but not limited to, the period of suspension of an employee. A provisional appointment should generally not exceed six (6) months. No special credit shall be given to a provisional appointee in meeting any qualifications or in the giving of any test or the establishment of any open or promotional employment lists for service rendered under a provisional appointment. The time served as a provisional appointee shall not be counted towards fulfillment of any required probationary period. SECTION 9 - RETURN TO WORK AFTER SERIOUS INJURY OR ILLNESS: As a joint protection to the employee and the city, employees who have been absent from work because of serious illness or injury are required to obtain a doctor's release specifically stating that the employee is capable of performing his or her normal duties or assignments. A serious injury or illness is defined as one that results in the employee being absent from work for more than one week, or one which may limit the employee's future performance of regular duties or assignments. The city of Seal Beach management shall ensure that employees who return to work after a serious injury or illness are physically capacle of performing their duties or assignments without risk of re-injury or relapse. Resolution Number .],959 If the cause of the employee's illness or injury was job-related, the employee's supervisor/manager will make every reasonable effort to assign the returning employee to assignments consistent with the instructions of the employee's doctor until the employee is fully recovered. A doctor's written release is required before recovery can be assumed. RULE VIII MEDICAL EVALUATION PROCEDURES I SECTION 1 - PRE-APPOINTMENT MEDICAL EvALUATION: Prior to reporting for work, individuals appointed to classifications in the classified service shall be medically evaluated by a city- designated physician. SECTION 2 - DISCRETIONARY MEDICAL EVALUATION: with the approval of the Personnel Officer, an employee may be required to be medically evaluated by a City-designated physician at any time. If a medical evaluation report concludes that the employee cannot perform the duties of the employee's classification, the employee may be separated from employment with the City, with the approval of the appointing authority. An employee who has been required to have such a medical evaluation shall not return to work without a written authorization from the City-designated physician. SECTION 3 - PAYMENT FOR MEDICAL EVALUATION: The city shall pay. for all medical evaluations required by the City. RULE IX I PERFORMANCE EVALUATION PROCEDURES SECTION 1 PURPOSE OF PERFORMANCE REPORT: The appointing authority or his/her designee shall be responsible for the evaluation of the work performance of an employee. The performance evaluation report may be used as the basis to promote or train an employee or as a basis for disciplinary action. Only job related factors shall be used to evaluate an employee's work performance. SECTION 2 PREPARATION OF PERFORMANCE REPORT: During the probationary period, the probationary employee or promotional appointee shall be evaluated every ninety (90) days. Probationary employees or promotional appointees shall be evaluated upon completion of the probational period. Each employee will be evaluated upon eligibility of a merit increase and every 12 months thereafter. An employee may also be evaluated at any time at the discretion of the appointing authority or his/her designee. The failure to evaluate an employee pursuant to the time limit requirements shall not preclude the appointing authority from making any personnel decision it deems appropriate with respect to an employee. SECTION 3 - EMPLOYEE REVIEW PROCESS: The employee is encouraged to share in the review process by adding written comments to the evaluation form. - I The employee is also encouraged to do the following: 1. Inquire about his or her performance, from't~me to time; 2. Accept additional responsibilities and show initiative; 3. Review opportunities for advancement within the department or job classifications; I I I Resolution Number ..!9':5',? 4. Ask for assistance in developing a goal-oriented path for advancement within the department or City~ and 5. Learn about training available to assist the employee in skills improvement, promotion, or lateral transfer. RULE X PROBATIONARY PROCEDURES SECTION 1 - DURATION OF PROBATIONARY PERIOD: An individual appointed or promoted to a position in the classified service shall serve a probationary period of not less than six (6) months of actual service beginning on the effective date of appointment or promotion. Sworn police personnel and police dispatchers shall serve a probationary period of not less than twelve (12) months. SECTION 2 - OBJECTIVE OF PROBATIONARY PERIOD: The probationary period shal~ be regarded as part of the selection process and shall be utilized for observing the employee's work. SECTION 3 - REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD: The probationary employee shall be deemed to be a regular employee in his/her classification upon notification by the Personnel Officer. SECTION 4 - REJECTION DURING PROBATIONARY PERIOD: During the probationary period, the appointing authority or his/her designee may ~eject a probationary employee at any time and without cause. A probationary employee may be rejected without a hearing or right of appeal within the city's administrative process. The appointing authority need not state any reason for the rejection. A promotional appointee who is rejected during probation shall be returned to the classification held prior to the promotion unless (a) charges are filed and the employee is discharged in the manner provided under city rules, (b) the employee's previous classification has been eliminated through a layoff or similar action. In the event the employee is returned to the previous classification, the employee shall assume the same pay step held immediately prior to promotion and no new probationary period will be required of such employee. An employee who is returned to his/her previous classification due to rejection during the promotional probationary period shall have the right to bump an employee who filled the vacancy caused by the probationary promotion. The bumped employee shall have similar bumping rights into his/her previous position, unless that position no longer exists. Employees who are bumped under the provisions of this section 4 shall not have the right to appeal or grieve the bumping. In the event the employee is terminated because there is no vacancy in the employee's former classification, the employee may request to b~ placed ~n a reemployment list. SECTION 5 - EXTENSION OF PROBATIONARY PERIOD: with the approval of the appointing authority, the probationary period may be extended up to an additional ninety (90) days. The Personnel Officer shall notify the employee of the extension of the probationary period, in writing, before the expiration of the probationary period. Resolution Number .!ifq COMPENSATION RULE XI PROCEDURES SECTION 1 - PREPARATION OF COMPENSATION PLAN: The Personnel Officer shall be responsible for the preparation of the compensation plan. The compensation plan shall contain a list of the pay rates and pay ranges for classifications in the City service. SECTION 2 - ESTABLISHMENT OF PAY RATES: Upon appointment, an individual shall first be assigned to the minimum pay rate in the pay range established for the classification, provided that the appointing authority may approve an initial pay rate in excess of I the minimum. A promotional appointee shall be assigned a pay rate in the pay range for the appointee's new classification that provides the appointee with a minimum pay rate increase of four percent (4%), provided that such new pay rate may not be in excess of the maximum pay rate for the pay range for the appointee's new classification. SECTION 3 - PAYROLL DEDUCTIONS: The following mandatory deductions will be made from every employee's gross wages: federal income tax, when applicable medicare, and state taxes. Every employee must fill out and sign a federal withholding allowance certificate (IRS Form W-4) on or before his or her first day on the job. This form must be completed in accordance with federal regulations. The employee may fill out a new W-4 when his or her circumstances change. Employees who paid no federal income tax for the preceding year and who expect to pay no income tax for the current year may fill out an Exemption Form Withholding Certificate (IRS Form W-4E) . Employees are expected to comply with the instructions on the W-4. Questions regarding the propriety of claimed deductions may be referred to the IRS in certain circumstances. Deductions may include the portion of group health insurance not paid by the city of Seal Beach, which is deducted from each payroll check. Other voluntary contributions (e.g. credit union, pension plan, employee organization dues) are also deducted each pay period. Each employee will receive an annual Wage and Tax Statement (IRS Form I W-2) for the preceding year. Any employee who believes that his or her deductions are incorrect for any pay period, or on the W-2, should check with the Finance Department immediately. SECTION 4 - PAY RATES UPON ADVANCEMENT: An employee's pay rate increase shall be effective the first day of the payroll period closer to :the day the employee is granted the advancement. In addition to those conditions provided for in administrative policies and procedures, employees shall be eligible for advancement when the employees' length of service in their classification satisfies the following minimum requirements: Full-Time Employees Sworn and DisDatch Personnel Monthly Monthly Monthly Monthly Monthly Rate Rate Rate Rate Rate A B C D E Date of 12 mos. 12 mos. 12 mos. 12 mos. Appointment after after after after appt. attairiment attainment attaiment of previous of previous of previous I step step step Other Full-Time EmDlovees Monthly Monthly Monthly Monthly Monthly Rate Rate Rate Rate Rate A B C D E Date of 6 mos. 12 mos. 12 mos. 12 mos. Appointment after after after after attainment attainment attainment attainment of previous of previous of previous of previous step step step step I I I 'Or ~" ~ Resolution Number ..3?..sy SECTION 5 - DEFERRED OR ACCELERATED ADVANCEMENTS: The appointing authority may defer an employee's advancement for periods of three (3) months based upon his/her evaluation of the employee's performance. During each such three-month period or at such earlier time if the employee's performance is determined to be satisfactory, the department director shall submit a performance evaluation report to the Personnel Officer. When the employee's performance is determined to be satisfactory the employee shall then receive the advancement. Thereafter, the employee shall be eligible for the next advancement in accordance with the normal advancement interval schedule. When an employee demonstrates exceptional ability and proficiency, the appointing au~hority may adva~ce the employee to the next higher step without regard to the minimum length of service provisions contained in this rule~ No such advancement shall be made to an employee during the initial probationary period. SECTION 6 - OVERTIME COMPENSATION: Nonexempt employees will accrue compensation hours in excess of 40 hours worked in any one week. Overtime is never at the employee's discretion. It shall only be incurred at the request of the city through the employee's supervisor/manager. Supervisors/managers shall ensure that no unauthorized overtime hours are worked. SECTION 7 - PAYCHECK UPON TERMINATION: Upon termination of employment with the City, an employee's final paycheck will be issued on the next payday following termination or within 10 working days, whichever is greater. SECTION 8 - VACATION CHECKS: paychecks will not normally be advanced when an employee leaves on vacation prior to payday. In the event an employee is on vacation for over 14 days, arrangements can be made to deposit or mail paycheck as directed by employee. RULE XII RESIGNATION. LAYOFF AND RETIREMENT PROCEDURES SECTION 1 - RESIGNATION: In order to resign in good standing, an employee shall inform the appointing authority of the effective date of the resignation at least ten (10) working days in advance. This time period may be waived in writing by the appointing authority. The failure to give the required notice of resignation shall be cause for the City to deny future employment. An employee absent from work without authorization for forty (40) consecutive working hours or more, without presenting a satisfactory explanation to the appointing authority as to the cause of the employee's absence, shall be considered as having voluntarily resigned from the city service. SECTION 2 - LAYOFF: The appointing authority may layoff employees or demote employees in lieu of layoff subject to the following conditions: (a) within each category in which regular employees will be affected by the layoff, employees shall be listed in rank order, based upon the employee's combined score for efficiency and seniority. The method of computing this combined score shall be as follows: (i) Efficiencv An employee who has received an equivalent to "Above Average Performance" rating on the most recent performance evaluation shall receive six points; an employee who has received an overall rating equivalent to "Satisfactory" shall receive six points; and an employee who has received an overall rating equivalent to "Further Development Needed" or below average on the most recent evaluation shall receive minus six points. Resolution NUmber~Ji57 (ii) Senioritv - Seniority credit shall be granted at the rate of six points for each year (12 months) of service in the classification affected by the layoff. Where an employee's prior classification has been combined, divided or otherwise altered, the Personnel Director shall determine whether the current classification is equal to or higher in level than the current classification. If the current classification is equal to or higher than the employee'S prior classification, seniority credit shall be granted as if the employee had spent all of his/her time in the current classification. If the current classification is I lower than the employee's prior classification, no seniority credit shall be granted. Part-time employees shall be granted seniority credits on a pro-rata basis. Employees shall be laid off starting with those who have the least number of points in the combined score. Whenever two or more employees have the same combined score, the order of layoff shall be in the order which gives preference for retention in the following sequences; (i) employee with the highest overall performance rating on the most recent performance evaluation; (ii) employee with the greatest actual time in the classification affected by the layoff, and in classifications with the same maximum salary, (iii) employee with the greatest total time in length of service. (b) If qualified, can displace employees in lower job classifications in the same job series who have fewer number of points in the combined score, as calculated in accordance with (a) above. In addition, such employees shall have the option, if qualified, to demote to vacancies in equal or lower rated job classifications outside the job series. The appointing authority shall assign the employee to the pay rate in the pay rate for the new classification that least reduces the employee's prevailing pay rate immediately prior to the demotion. II SECTION 3 - RETIREMENT: An employee may retire in good standing by separating from the city classified service in compliance with the provisions of any City-approved retirement plan. RULE XIII DISCIPLINARY PROCEDURES SECTION 1 - LEGITIMATE REASONS FOR DISCIPLINARY ACTION: will not be imposed except upon a showing of cause include but shall not be limited to the following: Discipline which may (a) violation of law or of the city's administrative policies and procedures; (b) Failure to properly perform assigned duties; (c) Theft of City property; (d) . Insubordination; (e) conviction of a felony, or conviction of a misdemeanor relating to the employee's fitness to perform assigned duties; I (f) Unauthorized absence from employment or abuse of leave privileges; . (g) Tardiness; (h) Failure to maintain satisfactory working relationships with other employees or the public; I I I Resolution Number ~~;? (i) Reporting for work, or being at work, under the influence of or in possession of alcohol, or nonprescribed controlled substances; (j) Improper use of city funds; (k) Unauthorized use of city property; (I) Failure to properly care for City property; (m) Misstatement of material fact; (n) Failure to maintain any employment qualification; (0) Failure to comply with safety standards; (p) Other failure of good behavior either during or outside of employment such that the employee's conduct causes discredit to the city. (q) Acceptance of money or favors from anyone for the performance of any act which is required or expected during the performance of regular City duties; (r) Use of the employee's official position or of the City's time, facilities, equipment or supplies for personal gain or advantage; (s) Disclosure of confidential information acquired by or available to the employee in the course of employment with the city, or use of confidential information for personal gain, SECTION 2 - DISCIPLINING AUTHORITY: The appointing authority and the department director each have the authority to institute disciplinary action, to schedule and conduct.any pre-disciplinary conference and to recommend the imposition of disciplinary action. SECTION 3 - KINDS OF DISCIPLINARY ACTION: There are three types of disciplinary actions: lesser disciplinary action, serious disciplinary action, and stigmatizing disciplinary action. (a) Lesser disciplinary actions consist of oral reprimands, written reprimands, and suspension without pay for less than five (5) days, as defined below: 1. Oral reprimand means that the employee is informed verbally that there is cause for dissatisfaction with his/her conduct or performance by the disciplining authority. 2. Written reprimand means an official written notification to an employee that there is cause for dissatisfaction with his/her conduct or performance by the disciplining authority. 3. Suspension without pay for less than five days means that the employee is temporarily removed from his job duties without pay for the equivalent of less than five working days. (b) Serious disciplinary actions consist of suspension without pay for five or more days, demotion as a disciplinary action, and dismissal, as defined below: 1. Suspension without pay for five or more days means that the employee is temporarily removed form his job duties without pay for the equivalent of five or more working days. 2. Demotion as a disciplinary action means an involuntary movement of an employee from one classification to another classification having a lower maximum base rate of pay, which is not the result of a layoff or part of an economy measure. Resolution Number ~59 3. Dismissal means a City-initiated permanent removal of an employee from the City's classified service. The date of dismissal is the last day or shift actually worked. (c) stigmatizing disciplinary action means a City-initiated rejection of a probationary employee on a ground of willful misconduct, any unlawful act, or other situation which would seriously damage the employee's reputation or standing in the community or seriously impair the employee's chance of future employment in his/her chosen field. SECTION 4 - DISCIPLINARY PROCEDURES: The following disciplinary I procedures shall apply: 1. Lesser disciplinary actions: (a) Oral reprimands do not require that any pre- disciplinary procedure be followed, and the employee has no further right of response or appeal. (b) Written reprimands do not require that any pre- disciplinary procedure be followed. However, an employee has the right; to respond in writing to the written reprimand, and the written reprimand together with any written response shall be placed in the employee's personnel file. Except as provided in this paragraph, the employee has no further right of response or appeal. (c) suspensions without pay for less than five days do not require that any pre-disciplinary procedure be followed. However, written notice shall be given to the employee at the time or within a reasonable time after the discipline is imposed and would include the following: the proposed disciplinary action and its proposed effective date, the reason for the proposed disciplinary action, any specific charges against the employee, and of the employee's right to receive copies of the written documents I and materials upon which the proposed disciplinary action is based, and of the employee's right to respond to the charge, either orally or in writing to the department head. After the employee has had an opportunity to respond, the department head shall notify the employee of the final decision on the matter, and that the employee has the right to an administrative appeal. 2. Serious disciplinary actions: (a) Prior to recommending the imposition of a serious disciplinary action, the disciplining authority shall notify the employee in writing of the nature of the proposed disciplinary action and its proposed effective date, ~he reason for the proposed disciplinary action, any specific charges against the employee, and of the employee's right to receive copies of the written documents and materials upon which the proposed disciplinary action is based, and of the employee's right to respond to the charge, either orally or in writing to the department head before the disciplinary action is imposed. (b) After completion of the above step and after the employee has had an opportunity to respond to the charges, the department head shall notify the employee in writing of the final decision on the matter. I (c) If the employee is not satisfied with the department head's decision, the employee may appeal that decision through the civil Service Board appeal procedure. 3. stigmatizing disciplinary action: (a) stigmatizing disciplinary action does not require that any pre-disciplinary procedures be followed; however, the employee shall be notified in writing that he/she has the right to administrative appeal. I I I -, Number .39!T;? Resolution SECTION 5 - REPRESENTATION: If an employee requests or is required to meet with a department director or supervisor and such meeting involves the possible imposition of disciplinary action against the employee, the employee, upon request, shall be entitled to have one representative present at such meeting. SECTION 6 - EMERGENCY SUSPENSION: When the appointing authority or department director determines that an employee's conduct threatens or has caused injury to persons or property, or that an investigation into such conduct is necessary, the "appointing authority or department director may relieve an employee from duty, effective immediately, until a pre-disciplinary conferenc;:e is conducted pursuant to the Personnel Rules. The imposition of an emergency suspension against an employee does not preclude the imposition of a more severe disciplinary action against such employee receiving an emergency suspension. An employee may be off duty for up to thirty (30) days, however, the appointing authority or department head may extend this for up to an additional thirty (30) days. SECTION 7 - PUBLIC SAFETY OFFICERS: Notwithstanding any contrary provision of these Rules, a public safety officer within the meaning of Government Code Section 3301 shall have the right to an administrative appeal as provided under these Rules for dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment. However, where these Rules provide for a Civil Service Board appeal, the civil Service Board appeal shall constitute and shall be in lieu of any other administrative appeal. RULE XIV APPEAL PROCEDURES SECTION 1 - TYPES OF APPEAL PROCEDURES: There are two types of appeal procedures, administrative appeals and Civil Service Board appeals. 1. Administrative Appeal: An administrative appeal is an opportunity for an employee to' present his/her evidence and arguments to the appointing authority or a designee of the appointing authority. The employee must request an administrative appeal, in writing, within ten (10) days after the effective date of the imposition of the disciplinary action. It is an informal hearing, and there is no need to make a transcription of the hearing. Following the conclusion of the administrative appeal, the appointing authority may .affirm, revoke or modify the disciplinary action. The appointing authority's decision shall be in writing and shall be final and is not subject to further appeal with the city's administrative procedures. 2. Civil service Board Appeal: The following procedures apply to a civil Service Board appeal hearing: (a) Request for Hearing: A request for a civil Service Board appeal hearing shall be in writing, signed by the employee or representative, and presented to the Personnel Officer within ten (10) days after the effective date of the imposition of the disciplinary action. 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. If the employee fails to request a disciplinary hearing within the prescribed time, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary actiQn. Resolution Number ~~~ (b) Scheduling of Hearing: The Personnel Officer shall schedule any disciplinary hearing within a reasonable time after the filing of the employee's request considering the availability of the Civil Service Board and the ' convenience of the employee and the witnesses. (c) Hearing: The civil Service Board shall hear the appeal, or, in the discretion of the civil Service Board, it may delegate its authority to a hearing officer. (d) Representation At Disciplinary Hearing: At the I disciplinary hearing the employee may appear personally and may be represented by counselor other representatives. The employee and the City shall have the right to produce and confront witnesses, and to present any relevant oral or documentary evidence. (e) Burden of Proof and Evidence: 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. The disciplinary hearing shall not be conducted according to the technical rules of evidence. (f) Conduct of Disciplinary Hearing: The conduct of the disciplinary hearing shall be under the control of the Civil Service Board, or its appointed hearing officer, with due regard for the rights and privileges of the parties. During the examination of a witness, any and all other witnesses may be excluded, except that each party shall be entitled to have one (1) representative present. The Civil Service Board or its designee shall have the power to issue subpoenas to compel the attendance of witnesses or the production of documents. (g) Decision: (i) In the event a hearing officer hears the I appe~l, he/she shall prepare a proposed decision, in writing, and file it with the Civil Service Board, together with a record of the disciplinary appeal hearing, within 15 days following the conclusion of the hearing. The Civil Service Board shall consider the proposed decision at its next regularly scheduled meeting and shall affirm, revoke or reduce the proposed disciplinary action of the hearing officer based upon the record of the disciplinary appeal hearing. (ii) If the Civil Service Board itself has heard the disciplinary appeal hearing, then wi thin 15 days after the conclusion of the disciplinary appeal hearing, the Civil Service Board shall issue a written decision containing findings of fact and conclusions of law. The civil service Board shall have the authority to affirm, revoke or reduce the disciplinary action imposed against the employee. (Hi) The Civil Service Board I s decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted'within the city's administrative process. (h) Procedural Irregularities: irregularities shall not be a reason for revoking disciplinary action unless the procedural substantially prejudiced the employee's rights. Procedural or reducing a irregularity I I I I Resolution Number ~~ RULE XV GRIEVANCE PROCEDURES SECTION 1 - PURPOSE OF GRIEVANCE PROCEDURE: The grievance procedure shall be used to resolve a claim by an employee that there has been a violation of an express term or condition of employment. The grievance procedure shall not be used for: (a) The resolution of any complaint concerning any disciplinary action; or (b) The resolution of any complaint concerning the contents of any performance evaluation, except for complaints in regard to deferred advancement under Rule XI Section 5; or (c) The resolution of any complaint relating to any concerted refusal to work. SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE: When an employee has a complaint, the employee shall first informally discuss the matter with the employee's immediate supervisor within fifteen (15) calendar days from the date of the incident or decision generating the grievance. If, after a discussion, the complaint has not been resolved in a manner satisfactory to the employee, the employee shall have the right to file a formal grievance. SECTION 3 - FORMAL GRIEVANCE PROCEDURE: The formal grievance procedure shall be used to resolve an employee's complaint not satisfactorily resolved by informal discussion. (a) An employee shall have the right to present a formal grievance, in writing, within five (5) working days after the informal discussion of the grievance with the immediate supervisor or the immediate supervisor's superior. The formal grievance shall state the express obliaation "terms and conditions of employment" allegedly violated (including a citation of any sections of the City's rules and regulations or memorandum of understanding allegedly violated), and describe the facts necessary to an understanding of the issues involved, and the employee's suggested solution. The formal grievance shall be signed by the grievant. (b) The formal grievance shall be presented to the department director. The department director shall discuss the grievance with the employee and/or the employee's representative. Within ten (10) working days after receipt of the formal grievance, the department director shall render a written decision regarding its merits. If the department director's decision does not satisfactorily resolve the complaint, the employee may present the formal grievance to the Personnel Officer. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule when the employee does not seek further review of the grievance within five (5) working days after receipt of the decision of the department director. (c) When the employee presents a formal grievance to the Personnel Officer, the Personnel Officer shall discuss the grievance with the employee and the employee's representative. Within fifteen (15) calendar days after meeting with the employee and the employee's representative, the Personnel Officer shall render a written decision regarding its merits. The decision of Resolution Number ~$'"f the Personnel Officer shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the city's administrative process. SECTION 4 - GENERAL PROVISIONS: (a) (b) (c) (d) (e) The City shall not institute any reprisals against any employee or any representative resulting from the ~se of the grievance procedure. The Personnel Officer may designate a third party to serve as the final reviewer for employee grievances. An employee submitting a grievance and the employee's representative may use a reasonable amount of time during working hours to prepare for and present the grievance. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the employee's personnel file. Any grievance not filed or appealed to the next step within the specified time limit shall be deemed settled on the basis of the last decision, and not subject to further appeal or reconsideration. The time limits specified at any step in this procedure may be extended by mutual written agreement. (g) Failure by management at any step in this procedure to communicate the decision of the grievance within the specified time limit shall be deemed to constitute a denial and shall permit the grievant to proceed to any further available steps in the procedure. (f) (h) The city may prepare and require the use of forms for the filing and processing of grievances. RULE XVI EMPLOYEE EXPENSES SECTION 1 - EMPLOYEE INCURRED EXPENSES AND REIMBURSEMENT: To ensure that all proper business-related expenses incurred by employees are reimbursed, the following procedure has been established: 1. All expenditures are to be approved in advance by the employee's manager or department head unless circumstances prevent advance approval. 2. All business-related expenditures must be accompanied by a receipt or evidence of expenditure to receive reimbursement. I I 3. All items purchased or charged by the employee are to be I itemized on the approved City expense report. All portions of the report must be filled out or marked "N/A" (not applicable), and the necessity and purpose of the expenditure must be explained in sufficient detail. 4. Expense reports must be signed and dated by the employee and initialed by the manager showing approval. Reports are due in the Finance Department within 30 days of the expenditure. Reimbursement will be made by the fifth working day of the month following submittal of the report, or 10 working days, whichever is greater. ," I I I Re~olution Number ~ SECTION 2 - TRAVEL REIMBURSEMENT: All city travel, conference, and meeting expenses must clearly serve the objectives of the City and should not conflict with the ethical standards of the City. In preparing for city travel, prior approval must be obtained from your supervisor/manager by submitting a travel approval request memo detailing the itinerary, estimated cost, and business purpose of travel. All personnel will travel economy class unless extenuating circumstances require first class travel. Lodging expenses are to be reimbursed at actual cost. Unless special circumstances dictate otherwise, mid-price lodging facilities shall be selected. Room accommodations will be honored only. for one person per room, per night. Expenses for a non- employee are not reimbursable. Should a non-employee companion accompany you on a business trip, the "single" rate for lodging should be noted on your copy of the bill and expense report. Reimbursement for food and other incidental travel expenses are referred to as per diem expenses. Per diem is defined on the basis of the hours spent in travel, generally measured from point of departure to point of return. The full per diem allowance is ($34.00) per day. Full per diem is granted for travel requiring an employee to be away from home for more than 15 hours. Travel advances are intended to allow employees the convenience of using the city's money for business purposes while traveling. Requests for travel advance funds (per diem) should be .requested as soon as the need is determined. However, only reasonable travel advances will be granted. Typically, the travel advance will be equal to the per diem times the expected number of travel days unless the employee can justify a greater need. The advance must be accounted for on the travel reimbursement form by deducting it from the employee's claimed expenses. SECTION 3 - CONFERENCES AND MEETINGS: Employees may request time off or city financial support or both to attend conferences by institutions or professional organizations. The subject matter to be presented must relate directly to the employee's position or provide beneficial information to be shared in the employee's department. The employee's supervisor/manager must approve the employee's participation in the conference or meeting. The city will pay for the following expenses if attendance is approved: tuition or registration fees, travel costs, lodging, and meal expenses not covered by registration. Requests for advances should be made no later than 10 working days before departure date. Requests for reimbursement will normally be made within 10 days. SECTION 4 - REOUIRED MANAGEMENT APPROVAL: All travel expense requests, subsistence expense reports, purchase requisitions, and other business-related expense reports must be approved by the employee's supervisor/manager before the request will be processed for payment by the Finance Department. The City of Seal Beach managers may only approve expenditures which are business-related, reasonable, and consistent with the letter and intent of City policies. Occasionally, a policy will not cover a specific expenditure. similarly, the facts and circumstances relating to a particular item or expense may justify an exception to the letter of a policy. Among the factors to be considered in resolving such issues are the following: 1. The intent or purpose of the policy; 2. The particular facts or circumstances surrounding the expense~ 3. The necessity for the expense; Resolution Number .;l~~~ 4. The amount involved; and 5. Previous similar situations. RULE XVII MISCELLANEOUS PROCEDURES SECTION 1 - OUTSIDE EMPLOYMENT: All regular employees having or I accepting a second job of any type shall have such employment approved by the department head and the Personnel Officer. No employee shall be allowed to hold a second job which may be inconsistent, incompatible or in conflict with his/her City employment. SECTION 2 - CONFLICT OF INTEREST: No employee of the City of Seal Beach shall maintain an outside business or financial interest, or engage in any outside business or financial activity, which conflicts with the interests of the City of Seal Beach, or which interferes with his or her ability to fully perform job responsibilities. For example, and not by limitation, if your job responsibilities include purchasing, or you are in a position to influence such purchases, you should have no proprietary or financial interest in any business that furnishes products, materials, or services to the City of Seal Beach or in any related transaction. You may not benefit directly or indirectly from a third party who furnishes products, materials, or services to the city of Seal Beach. violation of this policy will result in immediate dismissal. SECTION 3 - JURY DUTY: Any officer or employee of the City who is called or required to serve as a juror in a court of law, shall be entitled to be absent from his/her duties with the City during the period of such service or while necessarily being present in I court as a result of such call. During said time, the employee shall be entitled to his regular compensation while so actually serving, providing the fees, except mileage or subsistence allowances, which he receives as a juror are remitted to the City Treasurer. SECTION 4 - SEXUAL HARASSMENT: T~e city of Seal Beach will not allow any form of sexual harassment within the work environment. Because sexual harassment interferes with work performance; creates an intimidating, hostile, or offensive work environment; or influences or tends to affect the career, salary, working conditions, responsibilities, duties, or other aspects of career development of an employee or prospective employee; or creates an explicit or implicit term or condition of an individual's employment, it will not be tolerated. SECTION 5 - SUBSTANCE ABUSE: The City of Seal Beach Personnel Oepartment is responsible for assisting every employee who has personal problems which may, or do, impact his or her work performance or attendance at work. Such problems may include alcohol or drug abuse and psychological problems. Sometimes, the problems are multi-faceted and have family relationships as a cause: for instance, severely ill parents who cannot care for themselves. I Any psychological or physical problem which affects an employee's work performance or causes an abnormal work atmosphere is the concern of the City of Seal Beach management. The Personnel Department maintains a referral service for employees with. problems such as the ones mentioned above. Employees who admi t that they might have an alcohol or drug problem will be assured of assistance as long as they accept the help provided, agree to abstain from the substance involved, and do not violate any city rules or prohibitions by misconduct related to alcohol or drug use. I I I R~solution Number ~~ If an employee is terminated, the employee assistance program shall cease and the City of Seal Beach will not be obligated to provide further assistance. SECTION 6 - SMOKING POLICY: with the current evidence that smoking is dangerous and injurious to a person's health, employees are encouraged not to smoke. However, the city of Seal Beach recognizes that the decision to smoke or not to smoke is a personal one. During working hours, the City of Seal Beach policy is to limit smoking to the restrooms, lunchroom and in certain designated areas. Check with your supervisor. SECTION 7 - POSITION DESCRIPTIONS: position descriptions are available in the Personnel Department for all positions in the city. The items included in each position description care the fOllC?winq: 1. Job identification; 2. Job qualifications; 3. Summary statement; 4. Assigned responsibilities; 5. Supervisor or rater. position descriptions are used to determine employee selection, job requirements, performance appraisals, organizational structure, and the relative worth of jobs in relation to each other. city management annually reviews all city positions to ensure equity and consistency in our human resource system. SECTION 8 - EMPLOYEE ORIENTATION: All new employees will be provided with an orientation briefing which will be held within their first week of employment with the city of Seal Beach. The employee orientation goals are as follows: 1. To establish good employee-employer communication; 2. To reduce the anxieties of a new environment and new responsibilities; 3. To build teamwork spirit; 4. To inform the employee of the city of Seal Beach's achievements; and 5. To provide the employee with information about the City of Seal Beach benefit package and to explain the participation eligibility dates for the various plans available. SECTION 9 - GRATUITIES TO CITY EMPLOYEES: As an employee of the City of Seal Beach you may not offer to give, or accept a gratuity from a customer, supplier or a representative of either in pursuance of business or in conjunction with negotiating business on behalf of this City. Gratuities are defined as anything of value. Expenses for meals as part of a seminar, convention, or business meeting are not within the definition of gratuities for purposes of this policy. SECTION 10 POLITICAL ACTIVITIES: In recognition of its responsibilities as a citizen, the city of Seal Beach encourages its employees to accept the personal responsibility of good citizenship, including participation in civic and political activities in accordance with their interests and abilities. The city of Seal Beach accepts without reservation the basic democratic principle that all employees are free to make their own individual decisions in civic and political matters. Therefore, no employee's status with the City will be affected, in any way, Resolution Number.3tjS1? whatsoever, because of participation or non-participation in lawful civic and political activities. Participation in civic and political activities is considered to be a personal matter and, as such, is generally to be carried on outside of normal working hours. No political activities or solicitations will be carried on within city premises. Political activities are defined for purposes of this policy as activities in support of any partisan political issue or activities I in support of, or in concert with, any individual candidate for political office, or a political party, which seek to influence the election of candidates to federal, state, or local offices. The definition includes employees who are or may be candidates for political office. The city reserves the right to deny time off for political activity where the acti vi ties, in the opinion of the City, would unduly interfere with the employee's fulfillment of any obligations to the city. SECTION 11 - EMPLOYEE PRIVACY: The city of Seal Beach recognizes our employees' rights to privacy. In achieving this goal, the City adopts these basic principles: 1. The collection of employee information will be limited to that needed by the city for business and legal purposes. 2. The confidentiality of all personal information in our records will be protected. 3. All in-house employees involved in recordkeeping will be required to adhere to these policies and practices. Violations of this policy will result in disciplinary action. 4. Internal access to employee records will be limited to I those employees having an authorized, business-related "need-to- know. " Access may also be given to third parties, including government agencies, pursuant to court order or subpoena. 5. The city will refuse to release personal information to outside sources without the employee's written approval unless legally required to do so. SECTION 12 - TELEPHONE POLICY: A large percentage of the City of Seal.Beach's business is transacted by telephone. The telephone equipment of the City of Seal Beach is provided for the purpose of providing service to our customers; therefore, it is necessary to limit your personal calls to an absolute minimum number. Personal calls should only be made in case of absolute necessity or emergency. If non-emergency personal calls must be made, please arrange to make them during your break or lunch period. No long distance personal call may be made on the City of Seal Beach phones. SECTION 13 - EOUAL OPPORTUNITY POLICY: It is the intent and resolve of the city of Seal Beach to comply with the requirements and spirit of the law in the implementation of all facets of equal opportunity and affirmative action. In the recruitment, selection, I training, utilization, promotion, termination, or any other personnel action, there will be no discrimination on the basis of race, creed, color, religious belief, sex, age, national origin, ancestry, physical or mental handicap, or veteran status. The city of Seal Beach fully complies with all government requirements for setting up and carrying through Affirmative Action policies related to the protected classes mentioned above. It is the responsibility of all managers to see that the city of Seal Beach policy of equal opportunity is communicated throughout the organization: I I I Resolution Number ~~ 1. A written notice of this policy will be sent to all managers, supervisors, and other emp~oyees engaged in employment and training. 2. A copy of our equal opportunity policy will be made available to each new employee or applicant on the first day he or she reports to work or upon request. 3. The City of Seal Beach's policy on equal opportunity will be posted in prominent locations. SECTION 14 - EMPLOYMENT OF RELATIVES AND MARRIED PERSONS: No husband and wife; father, son, or daughter; mother, son, or daughter shall be employed in the same department, division or with the city in any capacity where the City has cause to believe that for business reasons of supervision, security or morale, to employ such persons in such positions involves potential conflicts of interest or other hazards greater for said individuals than for other persons. In no event may one of such individuals directly supervise the other. Any personnel action taken on this ground shall be supported by findings establishing the cause for the action. SECTION 15 - LIFE-THREATENING ILLNESSES: To ensure a positive and supportive work environment for employees with life-threatening illnesses which include but are not limited to cancer, heart disease and AIDS, who wish to continue to engage in as many of their normal pursuits as their condition allows, including work, it is the policy of the City to support the needs of employees with life-threatening illnesses as long as these employees are able to meet acceptable performance standards, and medical evidence indicates that their medical conditions are not a threat to themselves or others. It is the responsibility of managers to be sensitive to employees with life-threatening illnesses and ensure that they are treated consistently with other employees. At the same time, the City has an obligation to provide a safe work environment for all employees and customers. When managers become aware of an employee with a life-threatening illness, managers must contact the Personnel Department to determine if a statement should be obtained from the employee's attending physician. The purpose of the statement will be to determine that continued presence at work will pose no threat to the employee, co-workers or customers. The City reserves the right to require an examination by a medical doctor appointed by the city. In addition, managers should: 1. Remember that an employee's health condition is personal and confidential, and reasonable precautions should be taken to protect information regarding an employee's health condition. 2. Contact the Personnel Department if you believe that you or other employees need information about terminal illness, or a specific life-threatening illness, or if you need further guidance in managing a situation that involves an employee with a life- threatening illness. Contact the Personnel Department if you have any concern about the possible contagious nature of an employee's illness. 3. 4. If warranted, make reasonable accommodation for employees with life-threatening illnesses consistent with the business needs of the division/department. 5. Make a reasonable attempt to transfer employees with life-threatening illnesses who request a transfer and are experiencing undue emotional stress. . Resolution Number ~~~~ 6. Be sensitive and responsive to co-workers'concerns, and emphasize employee education available through the Personnel Department. "7. . No special consideration will be given beyond normal transfer requests for employees who feel threatened by a co-worker's life-threatening illness. 8. Be sensitive to the fact that continued employment for an employee with a life-threatening illness may sometimes be therapeutically important in the remission or recovery process, or may help to prolong that employee's life. 9. Encourage employees to seek assistance from established community support groups for medical treatment and counseling services. Information on these can be requested through the Personnel Department. I I I PROOF OF PUBLICATION (2015.5 C.C.P.) I STATE OF CALIFORNIA, County of Orange I I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a pa~ty to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: ~ I.:lV \::3..1 '10 all the year 1990. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, thi~ -1~ day of I CATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Boll: 755 Seal Beach, CA 90740 (213) 430-7555 Resolution Number ~~;7 This space is for the County Clerk's Filing Stamp Proof of Publication of ~~'.r.r., .tll!"J:r.,~t'\"~"" :~A"'4:. U\J.~~d..!.1~.. . _ ~..._.. _..._-~~" . 1IIIft'!It......Ift-,ra~ _-:, NCmCIII HEll..., ~ ItIlt} 1-- CIJr., QIuIIoIIeI"';.: lit ....,l . ,.......,....... .......! ~''!l' """"". "..,.... fIII.~ ' p.m. In.'' CIIr .......... Ill.... ..... lllilloiill. 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