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Home My WebLink AboutCC Res 3254 1983-03-28 I I I , ., RESOLUTION NUMBER 3ZS-.Jj A RESOLUTION OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING PERSONNEL RULES FOR THE CITY AND RESCINDING RESOLUTION NUMBER 1348 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS , the Civil Service Board of the City of Seal Beach has recommended adoption of new Personnel Rules pursuant to the Charter of the City of Seal Beach; and the City Manager, acting as Personnel Officer, likewise recommends adoption of new Personnel Rules. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby adopt the attached Personnel Rules marked as Exhibit "A," WHEREAS, BE IT FURTHER RESOLVED that the City Council of the City of Seal Beach does hereby rescind Resolution Number 1348. PA SED, APPROVED AND ADOPTED by the City Council~o~~e City of Se ch at a eting thereof held on the iJ!!IJ- day of , 1983 by the fol ing vote: 'ILu,#r'd7. AYES: Councilmember NOES: Councilmembers ABSENT: Councilmember J ~~}L~ U~u-;~ Mayor ~ ATTEST: ~~ (J Clerk I Final Draft CITY '~'F SEAL BEACH PERSONNEL RULES Approved and Adopted by Resolution Number :f~~~ I I . I , Resolution 'lumber 8M't/ LTP9-19B '1 TABLE OF CONTENTS Page ROLE I - DEFINITION OF TERMS ............................... 1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION RULE II APPOINTING AUTHORITY .......................... 1 APPOINTMENT ................................... 1 CLASSIFICATION ................................ 1 CLASSIFIED SERVICE ............................ 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 rAY ........................................... IiEMOTION ...................................... DEPARTMENT DIRECTOR ........................... DISCHARGE ..................................... ELIGIBLE ...................................... EMPLOYEE ...................................... EMPLOYMENT LIST ............................... PAY RANGE ..................................... PAY RATE ...................................... PERSONNEL OFFICER ............................. POSITION ...................................... PREVAILING PAY RATE ........................... PROMOTION ..................................... REJECTION ..................................... REPRIMAND ..................................... SENIORITY SUSPENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TERMINATION ................................... ADMINISTRATIVE PROCEDURES ........................ 2 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 PURPOSE OF PERSONNEL RULES ..................... 2 DELEGATION OF AUTHORITY 3 ADMINISTRATIVE POLICIES AND PROCEDURES ......... 3 UNCLASSIFIED SERVICE ........................... 3 PERSONNEL FILES ................................ 3 FPVERABI LIT! ................................... 3 . . . . . . . . . . . . . . . . . . . . . . . . RULE III - CLASSIFICATION PROCEDURES ....................... 4 SECTION 1 SECTION 2 SECTION 3 SECTION 4 I PREPARATION OF CLASSIFICATION PLAN ............. 4 ADOPTION OF CLASSIFICATION PLAN ................ 4 ALLOCATION OF POSITIONS ........................ 4 CLASS SPECIFICATIONS ........................... 4 -i- Resolution Number ~~~~ LTP9-20B RULE IV SECTION 1 SECTION 2 SECTION 3 RECRUITMENT PROCEDURES ........................... 4 ANNOUNCEMENT OF VACANCY ........................ APPLICATION PROCESS ............................ D1SQUALIFICATION OF APPLICANTS ................. RULE V - EXAMINATION PROCEDURES ............................ SECTION 1 SECTION 2 SECTION 3 SECTION 4 RULE VI SECTION 1 SECTION 2 SECTION 3 NATURE OF EXAMINATION PROCESS .................. OPEN AND CLOSED EXAMINATIONS ................... ADMINISTRATION OF EXAMINATIONS ................. GRADING OP EXAMINATIONS ........................ EMPLOYMENT LIST PROCEDURES ....................... PREPARATION OF EMPLOYMENT LIST ................. DURATION OF EMPLOYMENT LIST .................... REMOVAL OF NAMES FROM EMPLOYMENT LIST .......... RULE VII - APPOINTMENT PROCEDURES .......................... SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 RULE VIII TYPES OF APPOINTMENT ........................... EVALUATION or ELIGIBLES ........................ REINSTATEMENT .................................. REEMPLOYMENT ................................... TRANSFER ....................................... VOLUNTAR! DEMOTION ............................. _ LEAVE OF ABSENCE.......................................... MEDICAL EVALUATION PROCEDURES .................. SECTION 1 SECTION 2 RULE IX SECTION 1 SECTION 2 MEDICAL EVALUATION UPON APPOINTMENT ............ DISCRETIONAR! MEDICAL EVALUATION ............... PERFORMANCE EVALUATION PROCEDURES ................ PURPOSE OF PERFORMANCE REPORT .................. PREPARATION OF PERFORMANCE REPORT .............. Page I 4 5 5 5 5 5 5 5 6 6 6 6 6 6 I 6 7 7 7 7 7 B B B B B B B B 9 9 I RULE X - PROBATIONARY PROCEDURES ........................... SECTION 1 SECTION 2 SECTION 3 DURATION OF PROBATIONARY PERIOD ................ REJECTION DURING PROBATIONARY PERIOD ........... EXTENSION OF PROBATIONARY PERIOD ............... -ii- Resolution "umber ~~~4i LTP9-21B I RULE XI SECTION 1 SECTION 2 SECTION 5 SECTION .. COMPENSATION PROCEDURES Page 9 .... ...... ............... PREPARATION OF COMPENSATION PLAN .............. 9 ESTABLISHMENT OF PAY RATES .................... 9 ADVANCEMENT ................................... 9 DEFERRED OR ACCELERATED ADVANCEMENTS .......... 10 RULE XII - TERMINATION PROCEDURES ........................ 11 SECTION 1 SECTION 2 SECTION 3 RULE XI II RESIGNATION ................................... 11 LAYOFF ........................................ 11 RETIREMENT .................................... 12 DISCIPLINARY PROCEDURES ....................... 12 SECTION 1 SEC'I'ION 2 SECTION 3 SECTION .. SECTION 5 I LEGITIMATE REASONS FOR DISCIPLINARY ACTION .... 12 DISCIPLINING AUTHORITY ........................ 13 NOTICE OF DISCIPLINE .......................... 13 REPRESENTATION ................................ 13 EMERGENCY SUSPENSION .......................... 14 RULE XIV - APPEAL PROCEDURES .............................. 14 SECTION 1 SECTION 2 SECTION 3 SECTION .. SECTION 5 SECTION 6 SECTION 7 RULE XV REQUEST FOR DISCIPLINARY BEARING .............. SCHEDULING OF DISCIPLINARY BEARING ............ CIVIL SERVICE BOARD ........................... REPRESENTATION AT DISCIPLINARY HEARING ........ BURDEN OF PROOF AND EVIDENCE .................. CONDUCT OF DISCIPLINARY HEARING ............... CIVIL SERVICE BOARD'S DECISION ................ 14 15 15 15 15 15 15 GRIEVANCE PROCEDURES ............................ 16 SECTION 1 SECTION 2 SECTION 3 PURPOSE OF GRIEVANCE PROCEDURE ................ INFORMAL DISCUSSION OF GRIEVANCE .............. FORMAL GRIEVANCE PROCEDURE .................... 16 16 16 RULE XVI - MISCELLANEOUS PROCEDURES.,..,.."..".....,..,..,."",.". 17 Section 1 - OUTSIDE EMPLOYMENT........................................ 17 Section 2 - JURY DUTy................................................. 17 Section 3 - EMPLOYMENT OF RELATIVES AND MARRIED PERSONS,..".......... 18 I -iii- Resolution aumber 3.2.51 LTP9-1B RULE I DEFINITION OF TERMS I The following terms, whenever used personnel rules, shall have the meanings set this rule. in these forth in SECTION 1 _ APPOINTING AUTHORITY: The city manager shall be the appointing authority. SECTION 2 _ APPOINTMENT: The offer to an individual of a position in a classification. SECTION 3 _ CLASSIFICATION: A position or positions assigned to the same j~b title. I SECTION 4 _ CLASSIFIED SERVICE: All classifications in the city service except those in the unclassified service. SECTION 5 - DAY: A calendar day. SECTION 6 _ DEMOTION: A reduction in the pay rate of an employee. SECTION 7 _ DEPARTMENT DIRECTOR: An indindual assigned by the CJ.ty Manager to function as a depa~tooent head. I SECTION 8 _ DISCHARGE: The involuntary termination of an employee for a disciplinary reason. SECTION 9 _ ELIGIBLE: An individual satisfactorily completing the examination process for a classification and available for appointment. SECTION 10 _ EMPLOYEE: An individual compensated through the city payroll and assigned to a classification in the classified service. SECTION 11 _ EMPLOYMENT LIST: A listing of names of indi- viduals eligible for appointment to a classification. SECTION 12 - JtAY RANGE: compensation ~lan. SECTION 13 _ PAY RATE: A specified dollar amount a.signed to a merlt step withln a pay range. A level of pay established in the . I . -1- I I I ~esolution Number .3'-237/ LTP9-2B SECTI~ 14 - PERS~NEL OFFICER: The City Manager or his des1gnee shall be the-personnel off1cer. SECTI~ 15 - POSITI~: The duties and responsibilities assigned to an employee within a classification. SECTI~ 16 - PREVAILING PAY RATE: The regular, hourly pay rate assigned to an employee. SECTI~ 17 - PROMO'l'I~: The appointment of an employee to a different classification with a higher pay range. SECTI~ 18 - REJECTI~: The termination of a probationary employee or the assignment of a promotional appointee to a former classification during the probationary period. SECTI~ 19 - 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. SECTI~ 20 - SENIORITY: A status acquired by an employee based on the employee's period of total service to the city. SECTI~ 21 - SUSPENSI~: The involuntary temporary separa- tion of an employee for a disciplinary reason. SECTI~ 22 - TERMINATI~: The separation of an employee from employment with the city. RULE II ADMINISTRATIVE PROCEDURES SECTI~ 1 - PURPOSE OF PERSafNEL RULES: These personnel rules establlsh the policies and procedures for the adminis- tration of the city's personnel .ystem. Except as otherwise provided, 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 proce.. unle.. the DOdification of the personnel rule. impact. on .atter. within the .cope of representation. -2- Resolution Number 3~~4 -...--............ .-.... . .. LTP9-3B SECTION 2 _ DELEGATION OF AUTHORITY: Except as otherwise I provided, all duties, responslbilities, 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: appointing authorlty has the exclusive authority to administrativ~ policies and procedures to implement personnel rules. The issue these SECTION 4 _ UNCLASSIFIED SERVICE: The unclassified service conslsts of the following: (a) Elective officers; (b) Individuals serving on boards, commissions, and agencies; (c) Individuals performing services under contract; (d) City attorney; I (e) Indivlduals temporarily performing services durlng a declared emergency; (f) Individuals appointed to part-time or seasonal classifications; (g) City manager; (h) Department director; (i) Volunteers. (j) Individuals performing services on a temporary basis. SECTION 5 _ 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 administra- tive policies and procedures and applicable law. SECTION 6 _ SEVERABILITY: In the event that any rule, section, or subsectlon of these personn~l rules shall be declared invalid by any court, or by any state or federal I -3- L. I I I Resolution ~uMber ~~ LTP9-48 law or regulation, such determination shall not affect the validity of the other rules, sections and subsections of these personnel rules. 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 classifica- tion plan shall contain a compilation of job specifications for classifications in the classified service. The classi- fication plan shall be prepared and modified only after the personnel officer consults with the department director and provides notice to and an opportunity, if requested, to meet and confer with reognized employee organizations. SECTION 2 - ADOPTION OF CLASSIFICATION PLAN: The classifi- cation 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 classifi- cation 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. RULE IV RECRUITMENT PROCEDURES SECTION 1 - ANNOUNCEMENT OF VACANCY: The personnel officer shall determine when a vacancy exists in a position. The -4- Resolution Number ~ LTP~-5B personnel officer shall publicly announce such vacancy in a classificaticr. in the classified service for at least fifteen (15) calendar days prior to the closing date for receipt of applications. The announcement shall specify the title and pay range of the classification, examples of duties, qualifications, application procedures, and examina- tion procedures. 'I SECTION 2 _ APPLICATION PROCESS: Applicants shall prepare and submit their applicatlons as prescribed in the announcement and shall sign the application under penalty of perjury. SECTION 3 _ DIS UALIFICATION OF APPLICA!ITS: The personnel o lcer may lsqua 1 Y any appllcant rom the recruitment process at any time upon the showing of a legitimate reason. RULE V EXAMINATION PROCEDURES SECTION 1 _ NATURE OF EXAMINATION PROCESS: The examination process shall measure the relative abilities of the applicants 1 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. SECTION 2 _ O~EN 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. SECTION 3 _ ADMINISTRATION OF EXAMINATIONS: The personnel o lcer. a e responslb e or t e preparation of all examinations and 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 examina- tions. The personnel officer shall determine the eligibility of applicants for appointment based upon the grades received during the examination process. I -5- , I I . I . Resolution Number ~~~ LTPg-6B RULE VI EMPLOYMENT LIST PROCEDURES 'ECTtCll 1 - PREPARATICIl OF EMPLOYMENT LIST: Tbe penonnel officer aball prepare an employment liat based on tbe eelative abilities of tbe applicanta aa determined tbrougb tbe ex..ination process. SECTICIl 2 - DURATICIl OF EMPLOYMENT LIST: An employment list aball be effective for aix (1) aontbs from tbe date of certification by tbe civil aervice board. The civil service bOard .ay extend an employment list for an additional aix (6) aontb period but no employment list aball be effective for more tban two (2) years after certification. The personnel officer aay cancel an employment list, in writing, at any t ilIIe . SECTICIl 3 - REMOITAL OF NAMES PROM EMPLOYMENT LIST: The personnel officer may remove an individual'. name from the employment list upon tbe aboving of a legitimate reason. RULE VU APPOINTMENT PROCEDURES SECTICIl I - TYPES OF APPOINTMENT: The appointing autbority bas tbe exclusive autbority to fill vacancies in tbe city aervice. At tbe discretion of tbe appointing autbority, vacancies aball be filled by demotion, re-employment, reinstatement, transfer, or appointment from an employment list. An appointment aball not be effective until tbe individual reports for duty at tbe required time. SICTICIl 2 - EVALUATION OF ELIGIBLES: Wben tbe appointing authority decides to fill a vacancy by an appointment from an employment list, tbe personnel officer aball transmit the e.ployment list to tbe department director for evaluation. The department director shall review the names of the to~ three eligibles for each vacancy, After the interview j.rocess, the dejlartl'lent ducctor shall recomn.end to the appointing authority, in writ1n[" the name of an eli~ible to fill each vacancy. The appointing authority may approve the recommendation of the department d1rector, return the recommendat10n to the de:artment d1rector for further evaluation of the el1G1bles, or a,roint an eli::;ible from the ell.j.oloyment list. -6- Resolution Nu~ber ~~~ LTP9-7B If the department director does not wish to make a selection from the top three e11gibles, the department director may request the personnel officer to request that the Civil Service Board author1ze an appointment of another on the eligibility list, I SECTION 3 - REINSTATEMENT: Employees laid off or demoted 1n lieu of layoff shall have their names placed on a reinstatement list for their former classification. Such employees shall be offered the opportunity to be reapp01nted to the1r 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 1n lieu of layoff. A laid off employee reappoin~ed from a rein- statement l1st shall be considered as having been on leave of absence without pay during the period of layoff, SECTION 4 - REEMPLOYMENT: With the approval of the department director and the app01nting authority, a former employee, with a satisfactory employ- ment record with the city, may be reemployed within one (1) year of the effective date of a resignation, to a vacant position in the same or comparable classification formerly occupied by the employee, The names of former employees approved for reemployment shall be included by the personnel officer on the employment list for their former classif1cation. Upon reemployment, an employee shall be credited with all previously earned sen10rity and merit increases and shall not be required to serve a proba- t10nary period, SECTION 5 - TRANSFER: A transfer is the assignment of an employee from one position to another position 1n the same or comparable class1fication, A comparable classification is one with the same salary and same qualifi- cations as the employee's class1fication prior to transfer, With the approval of the appointing authority, a department director may transfer an employee within the same department, I SECTION 6 - VOLUNTARY DEMOTION: Upon written request of an employee and with the approval of the appointing authority, an employee may voluntar1ly 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 permanent employee leave of absence without pay for a period not to exceed one year, No such leave shall be Rranted 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 pos1tion 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, I -7- , Resolution Number ~~ LTP9-8B I RULE VIII MEDICAL EVALUATION PROCEDURES SECTION 1 - MEDICAL EVALUATION UPON APPOINTItENT: prior to reporting for work, individuals appointed to classifications in the classified service shall be medically evaluated by the city physiclan. SECTION 2 - DISCRETIONARY MEDICAL EVALUATION: with the approval of the personnel officer, a department director may require an employee to be medically evaluated by the city physician at any time. If a medical evaluation report concludes that the employee cannot perform the duties of the employee's classification, an employee may be separated from employment with the city by the department director, with the approval of the appointing authority. A medically evaluated employee shall not return to work without a written authorization from the city physician. I RULE IX PERFORMANCE EVALUATION PROCEDURES SECTION 1 - PURPOSE OF PERFORMANCE REPORT: The department director shall be responsible for the evaluation of the work performance of an employee. The appointing authority or depart- ment director may use the performance evaluation report to promote or train an employee or as a basis for disciplinary action. The department director shall use only job related factors to evaluate an employee's work performance. SECTION 2 - PREPARATION or 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 six (6) months after acquiring permanent status in a classification and thereafter every twelve (12) months. An employee may also be evaluated at any time at the discretion of the department director. RULE X PROBATIONARY PROCEDURES SECTION 1 - DURATION or PROBATIONARY PERIOD: An employee appointea or promoted to a position in the classified service shall serve a probationary period of not less than -8- Resolution Number ~~~~ LTP9-9B six (6) months beginning on the effective date of appointment or promotion. Sworn police personnel shall serve a probationary period of not less than twelve (12) months, I SECTION 2 - REJECTION DURING PROBATIONARY PERIOD: During the probatlonary period, with the approval of the appointing authority, the department director may reject a probationary employee or promotional appointee. A promotional appointee or probationary employee may be rejected without a hearing or right of appeal within the city's administrative process. A promotional appointee shall be returned to the classification held prior to the promotion and shall assume the same pay step held immediately prior to promotion. No new probationary perlod will be required of such employee. SECTION 3 - EXTENSION OF PROBATIONARY PERIOD: With the approval of the appointing authority, the department director may extend the probationary period up to an additional ninety (90) days. The department director shall notify the employee of the extension of the probationary period, in writing, befor~ the expiration of the probationary period. RULE XI I COMPENSATION PROCEDURES SECTION I - 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 classiiication, provided that the appointing authority may approve an initial pay rate in excess of the minimum. A promotional appointee shall be assigned a pay rate in the pay range for the appointee's new classlfication 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 5 - ADVANCEMENT: Advancement shall mean a pay rate increase given to an employee, contingent upon merit, within I / -9- , Resolution rlumber .325'~ . ~ L'1'P9-l0B I the pay range estabiBhed for the employee's classificat i'''I, ^~ employee's pay rate increase shall be effective the fir~t. .tay 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 Monthly Monthly Monthly Monthly Monthly Rate Rate Rate Rate Rate A -~- C D ~- Date of 6 mos. 12 mos. 24 mos. 36 mos. Appointment after after after after appt. appt. appt. appt. Permanent Part Time Employees I Hourly Rate A Hourly Rate a 800 working hrs. after appointment Date of Appointment I SECTION 4 - DEFERRED OR ACCELERATED ADVANCEMENTS: The appointing authority may defer anl&mployee's advancement for periods of three (3) months based upon his/her ,:!v..laation 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 person- nel 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 advance- ment interval schedule. When an employee demonstrates exceptional ability and proficiency, the appointing author- ity may advance 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. -10- - ~ - ~ - -_.~ Resolution ~umber ~ LTP9-llB RULE XII TERMINATION PROCEDURES I SECTION 1 - RESIGNATION: In order to resign in good standing, at least ten (10) working days in advance, an employee shall inform the appointing authority of the effective date of the resignation. An employee absent from work wlthout authorization for forty (40) consecutive working hours or more, without presenting a satisfactory explanation to the appointing authority as to the cause of the employees's absence, shall be considered as having voluntarily resigned form 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) Whenever in the judgment of the city council it becomes necessary in the interest of economy or because the necessity for the position or an employment involved no longer exists, the city council may abolish any position or employment in the competitive service and layoff, demote, or I transfer an employee holding such position or employment without filing written charges and without the right to appeal. (b) Seniority shall be observed in effecting such reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in the city service upon the effective date of the layoff. Layoff shall be made within classes of positions. and all provisional employees in the effected class or classes shall be laid off prior to the layoff of any probationary or permanent employee. For tne purpose of determining an order of layoff. total cumulative time shall include time served on military leave of absence. (c) Whenever seniority is equal, the seniority of the employee shall be determined first by examining total cumulative service within the affected classlfication and if not determinative, then by position on the employment list. (d) LenGth of cumulative service is interpreted to be total time spent in the employ of the City, including all days of attendance at work, approved leaves of absence whether earned or specially authorized, and time served on I -11- , Resolution Number ~ , LTP9-l2B I military leave of absence but shall not include unauthorized absences, time spent between employment with the City, suspensions, layoffs, or any other time when the employee was not actively engaged at work. (e) The appointing authority shall notify those employees to be laid off at least ten (10) calendar days prior to the eff~ctive date of any such layoff. Employees laid off from higher ranking classifications shall have the option, if qualified, to displace employees in lower rated job classifications in the same job series who have less seniority. 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. (f) If an employee is demoted in lieu of layoff, the appointing authority shall assign the employee to the pay rate in the pay range for the new classification that least reduces the employee's prevailing pay rate immediately prior to the demotion. I SECTION 3 - A~TIREMENT: An employee may retire in good standing by separating from the city service in compliance with the provisions of any city approved retirement plan. RULE XII I DISCIPLINARY PROCEDURES SECTION 1 - LEGITIMATE REASONS FOR DISCIPLINARY ACTION: Disciplinary action consists of discharge, involuntary demotion, suspension, reduction in salary (other than deferred merit increases), written reprimand, or transfer for purposes of punishment. Discipline will not be imposed except upon a shewing of cause which may include but shall not be limited to the following: (a) Violation of administrative policies and procedures; (b) Failure to properly perform assigned duties, (c) Theft of city property; (d) Insubordination; I -12- Reso 1 uti on NUmber.!i2.5!/ LTP9-13B (e) Conviction of a felony, or conviction of a misdemeanor relating to the employee's fitness to perform assigned duties, I (f) (g) (h) relationships Unauthorized absence from employment, Tardiness; Failure to maintain satisfactory working with other employees or the public, (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; (1) Failure to properly care for city property; (m) Misstatement of material fact, (n) Failure to maintain any employment qualification; I (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. SECTION 2 - DISCIPLINING AUTHORITY: The department director shall have the responsibility to institute disciplinary action, to schedule and conduct any predisciplinary conference and to recommend the imposition of disciplinary action. SECTION 3 - NOTICE OF DISCIPLINE: Prior to recommending the imposition of any disciplinary action, the department director shall notify the employee in writing of the nature of 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 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. SECTION 4 - REPRESENTATION: If an employee requests or is required to meet with a department director or supervisor I , -13- Resolution Number ~ LTP9-14B I and such meeting involves the possible imposition of dis- ciplinary action against the employee, the employee, upon request, shall be entitled to have one representative present at such meeting. I SECTION 5 - EMERGENCY SUSPENSION: When a department director determines that an employee's conduct threatens or has caused injury to persons or property, the department director may impose a suspension with pay against the employee, effective immediately, until a predisciplinary conference is conducted pursuant to the personnel rules. The imposition of an emergency suspension against an employee does not preclude the department director from proposing a more severe disciplinary action against such employee receiving an emergency suspension. Within three (3) days of such ~mergency suspension, the department director shall notify the employee, in writing, of the nature of any proposed disciplinary action, the reason for the disciplin- ary action, and of any specific charge against the employee, and of the employee's right to receive copies of the documents and materials upon which the disciplinary action is based, and of the employee's right to respond to the charge, either orally or in writing. The department director, unless otherwise requested by the employee, shall conduct a disciplinary conference in not less than ten (10) days after the effective date of the emergency suspension. RULE XIV APPEAL PROCEDURES SECTION 1 - REQUEST FOR DISCIPLINARY HEARING: Employees shall have the right to appeal the imposition of disciplinary action. When an employee requests a disciplinary hearing, the request 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 reli.! 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 action. I -14- Resolution Num~er ~ L1P9-lSB SECTION 2 - SCHEDULING OF DISCIPLINARY BEARING: 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. SECTION 3 - CIVIL SERVICE BOARD: The civil service board shall be the reviewing authority for disciplinary hearings. At the discretion of the civil service board a hearing officer may be appointed by the appointing authority to perform the duties of the civil service board in disciplinary hearings. SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING: At the disciplinary hearing, the employee may appear personally and may be represented by counselor other representative. The employee and the city shall have the right to produce and confront witnesses, and to present any relevant oral or documentary evidence. I SECTION 5 - 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. SECTION 6 - CONDUCT OF DISCIPLINARY HEARING: The conduct of the disciplinary hearing shall be under the control of the civil service board with due regard for the rights and privileges of the parties. During the examination of a witness, the civil service board may exclude from the hearing, any and all other witnesses. The civil service board shall have the power to issue subpoenas to compel the attendance of witnesses or the production of documents. I SECTION 7 - CIVIL SERVICE BOARD'S DECISION: Within a reasonable time after the disciplinary 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. The civil service board's decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the city's administrative process. I -15- Resolution iiumber ~ LTP9-l6B I RULE XV GRIEVANCE PROCEDURES SECTION 1 - PURPOSE OF GRIEVANCE PROCEDURE: The grievance procedure shall be used to resolve employee complaints concerning terms and conditions of employment with the city. 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 any aspect of the performance evaluation process, except for complaints in regard to deferred advancement under Rule XI Section 4, (c) The resolution of any complaint relating to any concerted refusal to work. I 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 (IS) calendar days from the date of the incident or decision generating the grievance. If, after a discussion with the immediate supervisor, the complaint has not been satisfactorily resolved, the employee shall have the right to discuss the complaint informally with the supervisor's immediate superior. If, after such a discussion, the complaint has not been satisfactorily resolved, 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 satisfact~rily resolved by informal discussion. (a) An employee shall have the right to present a formal grievance, in writing, within five (S) working days after the informal discussion of the grievance with the immediate supervisor or the immediate supervisor's superior. All formal grievances shall state the reasons for the complaint and the employee's suggested solution. 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 (b) I -16- Resolution Num~er ~~~ LTP9-l78 decision regarding its merits. If the department I 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. Pailure of the department director to render a written decision on the grievance within five (5) working days constitutes a decision denying the grievance. (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) 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 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. (d) The city shall not institute any reprisals against any employee or any representative resulting from the use of the grievance procedure. The personnel officer may designate a department director or third party to serve as the final reviewer for employee grievances. I (e) 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. RULE XVI MISCELLANEOUS PROCEDURES SECTION 1 - OUTSIDE EMPLOYMENT: All full-t1me employees having or accept1ng 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 wh1ch may 1nterfere with the execut10n of his mun1cipal employment, SECTION 2 - JURY DUTY: Any officer or employee of the City who 1S duly summoned to attend any court during the time reRularly required for h1s office or I employment for the purpose of ;ury service 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, -17- I I I Resolution Number ~~~ : SECTION 3 - EMPLOYMENT OF RELATIVES AND MARRIED PERSONS: No husband and wife; father, son, or daughter; mother, son, or daughter shall be employed in the same mun~cipal department. - 18 - Resolution Number~.;?~ P~OOr OF PUBLICA liON (2015,5 C.C.P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter, 1 am the principal clerk of the printer of the .....,.... p....... '.;';;'~"~' .~.. ....., ...... ...,'~....~,~ a newspaper of general clrc I I n, printed and published ..., in the City of ....~... . County of Orange. and which news, paper has been adjudged a newspal!Mlr of general circulation by the Superior Court of the County of Orange, State of California, under the date of.~. 19 '-.1, Case Number ,A.fp...~3..; thatthe notice, ,)f which the ,anneT.ed is a printed copy (set ' in type not 'smailer than nonpareil), has bee" publiShed in each regular and entire issue. of said newspaper and not in any supplement thereof on the following dates, to-wit: ~ ............... . . ...9y..If..I.3..... all in the year 1 . ff.3. 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