HomeMy WebLinkAboutCC AG PKT 2006-04-24 #L
AGENDA REPORT
DATE: April 24, 2006
TO: Honorable Mayor and City Council
FROM: John B. Bahorski, City Manager
BY: Andrew J. Tse, Management Analyst - Human Resources
SUBJECT: RESOLUTION NO. - A resolution of the City
Council of the City of Seal Beach amending the City's
Personnel Rules and Regulations and Introduce Ordinance
No. amending Seal Beach Municipal Code, Chapter
3.15 incorporating changes to the Personnel System
SUMMARY OF REOUEST:
The purpose of this report is to request Council consideration to adopt amendments to the
City's Personnel Rules and Regulation to incorporate changes to the Civil S"'l"Vice System
adopted by voters on March 28, 2006.
BACKGROUND:
On March 28, 2006, the voters of the City of Seal Beach voted to amend the Civil Service
System. Amendments are needed to the City's Personnel Rules and Regulations and Seal
Beach Municipal Code, Chapter 3.15 to incorporate sections in the City's Charter
governing the personnel system and to designate the authority of the Civil Service Board
to the Personnel Officer.
FINANCIAL IMPACT:
None
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
1. Resolution No. - "A resolution of the City Council of the City of Seal
Beach amending the City's Personnel Rules and Regulations and introduce Ordinance
No. amending Seal Beach Municipal Code, Chapter 3.15 incorporating changes
to the Personnel System"
Agenda Item L
April 24, 2006
Agenda Report - Personnel Rules and Regulations
Page 2
hments:
esolution Number
City of Seal Beach Personnel Rules and Regulations
City of Seal Beach Municipal Code, Chapter 3.15 Amendment
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH AMENDING THE CITY'S PERSONNEL RULES
AND REGULATIONS AND INTRODUCE ORDINANCE NO.
AMENDING SEAL BEACH MUNICIPAL CODE
CHAPTER 3.15 INCORPORATING CHANGES TO THE
PERSONNEL SYSTEM
WHEREAS, the voters of the City of Seal Beach voted to amend the Civil Service System on
March 28, 2006; and
WHEREAS, amendments are needed to the City's Personnel Rules and Regulations and
Municipal Code to incorporate sections in the City's charter governing the
personnel system and to designate the authority of the Civil Service Board to the
Personnel Officer.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal Beach hereby
amends and adopts the City's Personnel Rules and Regulations and adopts an ordinance
incorporating changes to the Personnel System to the City's municipal code.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the
24th day of April, 2006 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
MAYOR
ATTEST:
Linda Devine, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE '> SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is 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 24th day of April, 2006.
City'Clerk
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
CHAPTER 3.15 OF TITLE 3 RELATING TO PERSONNEL
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
Section I. The electorate of the City of Seal Beach adopted certain amendments to the Seal
Beach City Charter by election on March 27, 2006, including Title IX, Civil Service System.
Section 2. The City has determined that certain amendments to Title 3, Chapter 3.15 of the
Seal Beach Municipal Code are necessary to maintain the purpose and intent of the 2006 charter
amendments regarding the civil service system, and to clarify inconsistent and unclear language.
Section 3. Sections 3.15.005 through 3.15.020 of Chapter 3.15 ofTitle 3 are hereby
repealed, and Chapter 3.15 (Personnel), Sections 3.15.005 through 3.100 are hereby added to
Title 3 of the Seal Beach Municipal Code to read as follows:
"Chapter 3.15 Personnel
~ 3.15.005 Civil Service.
A. The provisions of the City charter, this code, memoranda of
understanding and the personnel rules govern the civil service. In the event of
any inconsistency, the city charter and this code shall prevail. Pursuant to Article
IX of the city charter, the following personnel system is hereby adopted.
B. No person shall have any authority, either directly or indirectly, to
modify any provision of this Chapter, or to take any action in conflict with the
requirements and provisions set forth herein. Amendments and modifications to
this Chapter shall be effective only upon formal adoption of an ordinance by the
City Council in accordance with applicable law.
~ 3.15.010 Authority of City Manager.
A. Personnel Officer. The City Manager shall be the ex officio
Personnel Officer. With the approval of the City Council, the City Manager may
delegate any of the Personnel Officer powers and duties to any other officer or
employee of the City. The City Manager shall:
I. Administer all the provisions of this Chapter and of the
personnel rules not specifically reserved to the City Council;
2. Prepare and submit to the City Council revisions and
amendments to the personnel rules;
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3. Prepare a position classification plan, including class
specifications, and revisions of the plan. The plan, and any revisions thereof,
shall become effective upon approval by the City Council.
4. Prepare a plan of compensation, and revisions thereof,
covering all classifications in the competitive service. The plan, and any revisions
thereof, shall become effective upon approval by the City Council.
~ 3.15.020 At-Will Relationship; Exempt Status
A. Except as otherwise specifically provided in the city charter, all
employees of the City are at-will employees who may be terminated at any time
without prior notice or cause and without right of hearing or appeal.
B. At-will positions include, but are not limited to, the following:
1. All positions listed in Section 90 I of the city charter, and
persons serving in those positions.
2. Newly hired full-time employees serving their initial
probationary period or any extension of such initial probationary period; and full-
time employees serving a promotional probationary period or any extension of a
promotional probationary period.
3. Employees serving in a provisional appointment, non-
benefited employees and contract employees.
4. Any position and/or person designated as at-will by City
ordinance or personnel rules and regulations.
C. As used in the City charter and herein, the term 'department heads"
includes Chief of Police, Director of Public Works/City Engineer, Director of
Development Services, Director of Administrative Services, Assistant City
Manager, and Lifeguard Captain, and as such titles may be amended or modified
from time to time; and any newly created position, and person serving in such
position, designated as a department head by ordinance or resolution.
D. All at-will positions, and persons serving in at-will positions as set
forth in this Section 3.15.020, are exempt from the civil service system of the
City.
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~ 3.15.030
Appointment of City Manager.
A. Employment Agreement. Except as indicated in this chapter, the
provisions of Article VI of the city charter, and the employment agreement
between the City and the City Manager, govern the position of City Manager. No
provision of any employment agreement may modify any provision of the City
charter or municipal code governing the City Manager. In the event of any
inconsistency between the City charter, the municipal code and an employment
agreement, the City charter and this code shall prevail.
B. Removal of City Manager. The City Council shall furnish the City
Manager with written notice stating its intention to remove such official from City
employment and any reasons for its intended action at least 30 days before the
effective date of the removal. The City Council action to remove shall be final.
Nothing in this chapter is intended to modify the City Manager's status as an at-
will employee serving at the pleasure of the City Council.
~ 3.15.040
Employer-Employee Relations.
The City charter and resolutions of the City Council shall govern
procedures for the administration of employer-employee relations.
~ 3.15.050
Civil Service, Classified Service or Competitive Service
The terms "civil service," "classified service," and "competitive service"
may be used interchangeably to describe the civil service system established by
the City charter.
~ 3.15.060 Appointing Authority
The City Manager, or such other person designated by the City charter or
ordinance to appoint persons to positions of employment, is the appointing
authority for the city. The term "appointing authority" may be used
interchangeably with "appointing power."
p.l5.070 Adoption of Rules for Civil Service
A. The City Council shall adopt personnel rules to govern all
employees in the civil service. Such rules may be amended from time to time.
The rules shall be consistent with the City charter, and shall establish, at a
minimum, specific procedures and regulations governing the following phases of
the civil service system:
I. Preparation, installation, revision, and maintenance of a
position classification plan covering all positions in the classified service,
including employment standards and qualifications for each class;
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S7296-0317\88SS81 v2.doc
2. Preparation, revision, and administration of a plan of
compensation directly correlated with the position classification plan, providing a
rate or range of pay for each class;
3. Preparation and conduct of tests and the establishment and
use of resulting employment lists containing names of persons eligible for
appointment;
4.
lists;
5.
6.
7.
employees;
8.
dismissal;
Certification and appointment of persons from eligibility
Temporary and emergency appointments;
Evaluation of employees;
Transfer, promotion, demotion, and reinstatement of
Separation of employees through layoff, suspension, and
9. Standardization of hours of work, attendance and leave
regulations, working conditions and the development of employee morale,
welfare, and training;
10. Suitable provision for orderly and equitable presentations
to the city manager by employees relating to general conditions of employment;
forms.
11. Content, maintenance, and use of personnel records and
B. The City Manager may adopt any other policies and procedures not
inconsistent with the city charter, this Code or the personnel rules, as he/she
deems necessary to administer the civil service system.
~ 3.15.080
Adoption of Rules for Exempt Positions
A. The City Council, through consultation with the City Manager and
City Attorney, may adopt enact personnel rules and/or other regulations by
resolution to govern the employment, discipline, termination, salaries, and
benefits, of positions and persons exempt from the civil service system and all
other persons holding at-will positions with the City.
B. The City Manager may adopt policies and procedures for at-will
positions subject to hislher power of appointment, where such policies and
S7296-Q317\88SS81 v2,doc
4
procedures are not inconsistent with the City charter, this Code, or any personnel
rules adopted by the City Council.
~ 3.15.090
Subpoenas.
A. The Personnel Rules may authorize the Personnel Officer and any
arbitrator or other hearing officer to have the power to examine witnesses under
oath and compel their attendance or production of documents by subpoenas issued
in the name of the City and attested by the City Clerk.
B. The Chief of Police shall serve subpoenas authorized pursuant to
this section and the Personnel Rules. Any person who refuses to attend or testify
in accordance with such subpoena may be prosecuted. '
~ 3.15.100
Solicitation of Contributions.
A. No officer, agent, clerk, or employee, under the government of the
City, and no candidate for any City office shall, directly or indirectly, solicit or
receive, or be in any manner concerned in soliciting or receiving any assessment,
subscription, contribution, or political service, whether voluntary or involuntary,
for any political purpose whatsoever, from anyone on the employment lists or
holding any position under the provisions of this Chapter.
B. No officer or employee in the competitive service, shall, directly or
indirectly, solicit or receive, or be in any manner concemed in soliciting or
receiving, any assessment, subscription or contribution, whether voluntary or
involuntary, for any purpose affecting his working conditions, from any person
other than an officer or employee in the competitive service."
Section 4. Severability. If any section, subsection, clause or phrase of this ordinance is for
any reason held to be unconstitutional, or otherwise invalid such decision shall not affect the
validity of the remaining sections of this ordinance. The Council hereby declares that it would
have passed this ordinance and each section, subsection, clause and phrase thereof irrespective of
the fact that anyone or more other sections, subsections, clauses, or phrases be declared invalid.
Section 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any
other Ordinance of this City shall in any manner modify or otherwise affect the employment
status of any current employee of the City of Seal Beach who is employed by the City prior to
the effective date of this ordinance. The provisions of this Ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted by the City relating to the
same matter, shall be construed as restatements and continuations, and not as new enactments.
Section 6. The City Clerk shall cause this ordinance to be published in accordance with
applicable law.
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87296-0317\885581 v2.doc
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a
meeting thereof held on the day of .2006
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing Ordinance is an original copy of Ordinance Number on file in the office of the
City Clerk, introduced at a meeting thereof held on the day of ,
2006 and was passed, approved and adopted by the City Council at a meeting thereof held on the
_ day of . 2006 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
And do hereby further certify that Ordinance Number
the Seal Beach City Charter and Resolution Number 2836.
has been published pursuant to
City Clerk
6
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l)ll,ltSO~L RllL~ j.ND REGlJLA.'flONS
}\1>RlL 2006
crr~ OF SEAL BEACll
CITY OF SEAL BEACH
PERSONNEL RULES AND REGULATIONS
SECTION 1: AUTHORITY AND PuRPosE
1.01 Authority. The City of Seal Beach is constituted and organized pursuant to the
Charter of the City of Seal Beach. The Charter authorizes the establishment of the Civil
Service System in Article IX of the Charter:
"SECTION 900. Civil Service System. In order to: establish
an equitable and unifonn procedure for dealing with
personnel and employment matters; attract to municipal
, service the best and most competent persons available;
assure that appointments and promotions of employees will
be based on merit and fitness as determined by competitive
test; and provide a reasonable degree of security for
qualified employees, the City Council, by ordinance, may
establish a civil service system for City employees. The
civil service system may include provisions for: the method
of selection of city employees; the classification,
advancement, suspension, discharge and termination of city
employees; the consolidation and elimination of positions;
and other provisions as deemed reasonable and necessary to
govem personnel and employment matters of the City. The
City Council may further adopt personnel rules to
implement the provisions of any ordinance."
Civil Service The provisions of this article shall apply to all departments, divisions and
officers of the City government including therein all full-time employees of the City,
except that the following shall be exempt therefrom, to wit:
A. City Council Members;
B. Appointed persons;
C. City Attorney;
D. City Manager;
E. City Clerk;
F. Department heads;
G. Temporary, seasonal, part-time and hourly employees;
H. Any employee designated as exempt by City ordinance;
Amended by Resolution No,
. April 24, 2006
1/81156II9-1
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I. Volunteers;
J. Independent contractors.
1.02 Purpose. These rules establish specific procedures and regulations
governing the civil service system established by the Charter and Municipal Code.
Except as otherwise expressly provided, these rules shall apply only to those employees
occupying positions in Classifications in the Competitive Service.
1.03 City Manager Authority. The City Manager is the Personnel Officer and the
Appointing Authority, as those terms are used in the Charter, the Municipal Code and
these Rules. The City Manager's power and duties as Personnel Officer are set forth as
follows:
Powers and Duties The City Manager shall be the head of the administrative branch of
the City government and shall be responsible to the City Council for the proper
administration of all affairs of the City. Without limiting the foregoing general grant of
powers, responsibilities and duties, the City Manager shall have the power and be
required"
A. To enforce all laws and ordinances of the City and to see that all
franchises, permits and privileges granted by the City are faithfully observed.
B. To exercise administrative control over all departments, divisions, and
employees of the City government, except the City Attorney and elected City Clerk.
C. To organize or reorganize such offices, positions, departments or units
under his/her direction as may be indicated in the interest of efficient, effective and
economical conduct of the City's business.
D. To exercise all authority provided to the City Manager in the City of Seal
Beach Charter, Article VI and Article IX, and in the Municipal Code.
Personnel Officer The City Manager shall be ex officio Personnel Officer. With the
approval of the City Council, the City Manager may delegate any of the powers and
duties conferred upon him/her as Personnel Officer to any other officer or employee of
the City or may recommend that such powers and duties be performed under contract.
The City Manager shall:
A. Administer all the provisions of the Personnel Rules and Regulations not
specifically reserved to the City Council.
B. Prepare and submit to the City Council revisions and amendments to the
Personnel Rules which have been approved by the City Attorney.
Amended by Resolution No,
. April 24, 2006
11885689-1
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C. Prepare a position classification plan, including class specifications, and
revisions of the plan. The plan, and any revisions thereof, shall become effective upon
approval by the City Council.
D. To recommend a comprehensive salary plan for all City employees and to
recommend changes in line with current conditions.
E. To publish or post notices of tests for positions in the competitive service;
to receive applications therefore; to conduct and grade tests; to certify to the appointing
power a list of all persons eligible for appointment to the appropriate position in the
competitive service. The Personnel Officer shall cause the duties imposed upon him/her
by this provision to be performed by hislher designee, as to such duties, shall be subject
only to the direction and control of the Personnel Officer.
F. To appoint, promote, discipline and remove employees of the City, except
the City Attorney and the elected City Clerk.
G. To make provision appointments as needed to ensure continuity in service
to the community.
H. To conduct Skelly hearings and hear appeals submitted by any person in
the competitive service relative to any disciplinary action, dismissal, demotion, alleged
violation of these Rules and Regulations, or other policies of the City, City Council, or
City Manager.
I. In any investigation or hearing conducted by the Personnel Officer, he/she
shall have the power to examine witnesses under oath and compel their attendance or
production of evidence by subpoenas issued in the name of the City and attested by the
City Clerk.
J. Except as otherwise expressly provided in Section 12, subsections 12.06
through 12.13 of these Rules, the Personnel Officer has is the final administrative
authority in appeals or disciplinary hearings.
K. To exercise all other supervisory and administrative powers over the Civil
Service System and employment, labor relations and personnel matters, to the extent not
specifically delegated or designated to any other person, committee, board, or
commission, and not inconsistent or' in conflict with any other provision of the Charter,
Municipal Code or these Rules.
Right to Contract for Special Service The City Manager shall consider and make
recommendations to the City Council regarding the extent to which the City should
contract for the performance of technical services in connection with the establishment or
operation of the personnel system in accordance with City Council policies. The City
Council may contract with any qualified person or agency fur the performance of all or
any of the following responsibilities:
Amended by Resolution No,
. April 24, 2006
1HI856l1!J..1
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A. The preparation of personnel rules and subsequent revisions and
amendments thereof.
B. The preparation of a position classification plan, and subsequent revisions
and amendments thereof.
C. The preparation of a plan of compensation, and subsequent revisions and
amendments thereof.
D. Special and technical services of advisory or informational character on
matters relating to personnel administration.
1.04 Admini_trative PoHdes and Procedures. Pursuant to the Charter and Municipal
Code, the Appointing Authority has the authority to issue administrative policies and
procedures to implement or supplement these Rules. Department Directors, with
concurrence of the Appointing Authority, may issue departmental rules to implement or
supplement these Rules within department(s) or other work groups under their control.
1,05 Conflict with Charter/Conective Barpinillg Agreements. None of these
Rules, any administrative policies and procedures issued hereunder or any departmental
rules issues hereunder may be in conflict with or supersede the Charter or the Municipal
Code. In the event of conflict, the Charter will control. Whenever an applicable
memorandum of understanding expressly preempts a section or identified portion of a
section in these Rules, the memorandum of understanding will prevail once accepted by
the bargaining group and approved by the City Council. All provision of these Rules that
are not in conflict will remain in force.
1.06 Severability. Should any provision of these Rules be rendered illegal,
unenforceable or invalid, in whole or part, the remaining provisions or parts of these
Rules will remain in full force and effect.
1.07 Emergency Situations. In cases of emergency, the Appointing Authority
may temporarily change, suspend or otherwise modify these rules. Such emergency
change shall be limited to the time period and subjects necessitated by the emergency.
Any emergency change to be adopted permanently may be implemented on a temporary .
basis under this paragraph until such time as it may be adopted as a formal amendment by
the City Council.
1.08 Labor Relations. It is intended that these rules will be adopted, amended and
administered in compliance with the Meyers-Milias-Brown Act, commencing at
California Government Code ~ 3500. The Appointing Authority shall endeavor to
interpret and apply these rules in a manner consistent with the MMBA and may delay or
decline to take any action that would violate the MMBA. Nothing in these rules is
intended to establish any new labor relations requirement or to change or expand any
labor relations requirement beyond that required by state law.
l.09 Applicability of Rules to Certain Exempt Positions .
Amended by Resolution No,
. April 24, 2006
1HIlI56S9-1
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A. The provisions of these Rules relating to attendance and leaves shall apply
to the incumbents of full-time exempt positions. The City Council may adopt attendance
and leave provisions applicable to non-incumbent employees in positions of the exempt
service.
B. The City Manager shall have the power to make appointments to the
following exempt positions, and shall retain full authority over their retention, disciplinc,
dismissal, and other terms and conditions of employment:
l. Newly hired full-time,employees serving their initial probationary
period or any extension of such initial probationary period; and full-time employees
serving a promotional probationary period or any extension of a promotional
probationary period.
2. Temporary, seasonal, part-time, hourly employees, and
nonbenefited employees.
3. Contract employees.
4. Provisional employees.
5. Department heads.
6. Volunteers.
7. Independent contractors, in accordance with the terms of their
independent contractor agreement.
8. Any person temporarily performing services during an emergency.
SECfION 2: DEFINITION OF TERMS
Except as otherwise provided or where the context otherwise requires, the following
terms will have the meaning provided below when used in these Rules. The definition of
a term applies to all of its variants, whether in capitalized or lower case letters.
Appointing Authority:
The City Manager.
Appointment: The employment of an individual in a position.
Appointment requires that the Candidate report for work on the designated date and time
and actually commence work.
Candidate:
an appointment.
Amended by Resolution No,
An individual participating in the examination process for
. April 24, 2006
11885689-1
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City Council:
The Charter of the City of Seal Beach.
The City of Seal Beach.
The City Council of the City of Seal Beach.
Charter:
City:
Civil Service or Civil Service System: The civil serv~ce system authorized by
Article IX of the Charter and established by Chapter 3.15 of the Municipal Code. The
terms "Civil Service", "Civil Service System", "Classified Service", and "Competitive
Service" may be used interchangeably.
Classification: A group of positions sufficiently similar in duties,
responsibilities, authority, and minimum qualifications for employment to allow
combining them under a single title and applying equitable common standards of
selection and compensation. The terms Classification and Class may be used
interchangeably.
Classification Specification: A written description of the qualifications and employment
standards for a single Classification in the Competitive Service. A Classification
Specification may include a description of the typical functions, duties, and authority of
the Classification, minimum required or desired qualifications for appointment,
distinguishing characteristics and working conditions. The Classification Specification
may also designate the Job Series, if any, to which the Classification belongs. The terms
Classification Specification, Class Specification Job Specification and Job Description
may be used interchangeably.
Classified Service:
The Civil Service.
Competitive Service: All full-time employees in the City civil service system
except those specifically exempted from the Civil Service in the Charter and Municipal
Code. See Exempt Service, below.
Day: A calendar day unless otherwise specified. When any
action to be taken or deadline falls on a Saturday, Sunday or any other day the City
Manager's Office is not open to transact normal business, such action may be taken on
and the deadline will be extended to the next weekday during which the City Manager's
Office is open to transact normal business.
Demotion: The voluntary or involuntary reduction of an employee who
has completed probation from a position in one classification to a position in another
classification having a lower maximum salary rate.
Department Director: An individual assigned by the City Manager to function as
a department head. The term "Department Director" may be used interchangeably with
"Department Head".
Amended by Resolution No,
. April 24, 2006
tIlIlI!689-1
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Department Head: Any person holding the position of Chief of Police,
Director of Public Works/City Engineer, Director of Development Services, Director of
Administrative Services, Assistant City Manager, and Lifeguard Captain, and as such
titles may be amended from time to time; and any newly created position, and person
serving in such position, designated as a Department Head by ordinance or resolution.
Dismissal: The invob,mtary separation of an employee from the City
service for disciplinary reason(s).
Discipline: Except as otherwise provided, the suspension, involuntary
demotion, dismissal or reduction in pay of a Regular Employee in the Competitive
Service for cause.
Eligible: An individual satisfactorily completing the examination
process for a classification and available for an appointment.
Employee: An individual compensated through the City payroll and
legally occupying a position in a Classification in the Competitive Service.
Employment List:
Classification.
A list of names of individuals eligible for appointment to a
Exempt Service: Those positions, and persons serving in those positions, that
are exempt from the Civil Service system of the City. In addition to the persons,
positions and employments exempted from Civil Service by Section 901 of the Charter,
Section 3.15.020 of Chapter 3.15 of the Municipal Code and Section 1.01 of these Rules,
the Exempt Service includes:
1. Independent contractors;
2. Any other person who is not a full-time employee of the City, including
but not limited to:
a. Persons temporarily performing services during an emergency;
b. Persons appointed or performing services on a part-time, hourly,
temporary, seasonal or provisional basis or to a Classification
designated as such.
3. Any other position specifically designated as exempt by ordinance,
resolution or other regulation.
Full Time: Except as otherwise provided, employment intended to
comprise 40 hours or more per work week, exclusive of holidays and leaves, or the
equivalent standard in a work group, classification or classification within a work group.
Temporary assignment of an employee engaged for less than full time work to a full time
schedule will not change the employee's status to full time.
Amended by Resolution No,
. April 24, 2006
HlIlI56lI9-1
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Job Series: A progression of related classifications in an occupation,
trade or line of work representing the typical line of promotion within that particular line
of work, as designated in the applicable classification specification(s). Additions to,
modification of or deletions from a job series or designation of additional job series may
be made in writing by the Appointing Authority.
Layoff: The involuntary termination of an Employee resulting from
the abolition of a position or employment in the competitive service, as provided under
the Charter and these Rules. Layoff is not a disciplinary action.
Leave:
from work.
The authorized or unauthorized absence of an employee
Open Competitive Appointment: A certified list of candidates for employment gained
through an open recruitment process.
Personnel Officer:
The City Manager.
Position: The combination of duties and responsibilities assigned to a
single employee within a Classification.
Prevailing Pay Rate: The regular, hourly pay rate, or its salary equivalent,
assigned to a single employee.
Promotion: The advancement of an employee from a position in one
classification to a position in another classification having a higher maximum salary rate.
Probationary Employee: An employee working during the probationary period.
Probationary Period: A working test period that is part of the selection process
and during which an employee is required to demonstrate fitness for the duties of the
position to which he or she has been assigned by the actual performance of such duties.
During this period, an employee is considered an "at-will" employee who may be
terminated without cause or right of appeal.
Re-Employment: The hiring by the City of a former employee without
examination, as otherwise provided in these Rules.
Regular Employee: An employee who has successfully completed the initial or
new-hire probationary period of a position within the Competitive Service.
Reinstatement:
Placing an employee into hislher former position.
Rejection: The termination of a probationary employee or the
assignment of a promotional appointee to a former classification during the probationary
period. Rejection during probation is not a disciplinary action and is not subject to appeal
or hearing.
Amended by Resolution No,
. AIniI 24, 2006
1IlI85689-1
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Reprimand: An oral or written criticism of an employee's work,
conduct or performance issued to the employee in accordance with these rules or other
administrative policies and procedures.
Resignation:
Rules:
The voluntary separation of an employee from City service.
The City of Seal Beach Personnel Rules and Regulations.
Salary Range: The minimum and maximum level of salary or pay rates for
a classification having a range.
Salary Rate: The dollar amount of each step in a salary or pay range or
the flat dollar amount of salary or pay for a classification not having a salary range.
Salary Step: The fixed, progressive increments within a salary range for
a Classification having steps.
Seniority: Except as otherwise provided, the status acquired by an
employee based on his or her period of total cumulative time served in the City service
upon the effective date of layoff. Seniority includes all periods of attendance at work,
approved leaves of absence, time spent on military leave and any other period required by
law. Seniority does not include unauthorized absences, time spent between employment
with the City, suspensions, layoffs, or any time when the employee was not actively
engaged at work.
Suspension: The involuntary, temporary removal of an employee from
pay status for disciplinary reason(s).
Termination:
City.
The separation of an employee from employment with the
Transfer: The movement of an Employee from one Position to
another Position in the same Classification or from one Classification to another
Classification that has the same maximum rate of pay.
Unclassified Service: The Exempt Service, as provided in the Charter and
Municipal Code. The terms Exempt Service and Unclassified Service may be used
interchangeably. In some instances, the term Unclassified Service may be preferable to
avoid confusion with exempt status under the Fair Labor Standards Act.
Vacancy: An authorized and budgeted position that is not occupied
by an employee, having either a probationary or a regular appointment to the position.
SECTION 3: CLASSIFICATION PLAN
Amonded by Resolution No, . April 24, 2006
118S!l689-1
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3.01 Classifying Positions. All positions in the Competitive Service are
grouped into Classifications and a Classification Specification is prepared for each
Classification.
3.02 Preparation and Maintenance. The Personnel Officer prepares, administers
and maintains a position classification plan comprising a compilation of Classification
Specifications for all Classifications in the Competitive Service. The Personnel Officer
shall recommend 'and prepare revisions when necessary or desirable for maintenance and
proper functioning of the classification plan. The classification plan will be coordinated
with the compensation plan provided under these Rules to provide a rate or range of pay
for each classification.
3,03 Adoption. The classification plan and any revision of the plan become
effective upon approval by the City Council. The plan and any revisions may be
submitted to the Civil Service Board for recommendation prior to action by the City
Council. The classification plan in force at the time these Rules are adopted will remain
in force until revised or repealed by the City Council.
3.04 Interpretation of ClallSification Specifications. A Classification Specification
may present a range of typical duties performed by employees in the Classification. The
listing of particular tasks does not preclude the assignment of other tasks of related kind
or character or requiring lesser skills. Whether expressly stated or not, it is understood
that all positions may require communication skills appropriate to the work being
performed, the ability to follow written and oral instructions, maintenance of satisfactory
relations with co-workers and the public and regular and punctual attendance.
3.05 Reclassification. A Position may be reclassified to a more appropriate
Classification on the basis of significant changes in or reevaluation of the duties and
responsibilities of the Position. The reclassification will be effective following
recommendation by the Personnel Officer and approval by the City Council.
3.06 Status of Employee Occupying ReclallSified Position. An incumbent
occupying a position that is reclassified may continue in the reclassified position without
requiring the employee to pass an examination to determine suitability for the job. An
action to reclassify an incumbent employee must be approved by the Appointing
Authority, in addition to the approvals required for reclassification of a position, as
provided above.
SECTION 4: RECRUITMENT AND SELECTION PROCESS
4.01 Nature of the Process. Pursuant to and in accordance with Section 900 of
the Charter, appointments and promotions within the Competitive Service will be based
on merit and fitness. The Personnel Officer will determine the nature of the
Amended by Resolution No,
. April 24, 2006
##lIll5689-1
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examinations, selection techniques and selection process to be used based on the needs of
the City and the nature of the particular recruitment. The selection process will be
designed to fairly and impartially test the qualifications of Candidates.
4.02 Commencing Recruitment. The Personnel Officer may initiate recruitment. A
recruitment may be conducted to fill an existing Vacancy or in anticipation of a Vacancy.
4.03 Announcement. All Vacancies to be filled by recruitment will be publicized
by posting an announcement in City Hall for a minimum of five (5) days. The
announcement will include the title, Salary Range or Salary Rate, minimum
qualifications and examples of typical duties. If any of this information has not been
determined at the time of the initial announcement, the anticipated terms may be included
in the announcement.
4.04 Applications. Every individual desiring to be considered a Candidate must file a
City application form accompanied by any supplemental materials prescribed in the
announcement. The applicant must sign the form certifying that the application and all
accompanying materials are true, correct and complete, to the best of the applicant's
knowledge. Except as otherwise provided by the Personnel Officer, lIT- applicant shall
submit an application form identifying a specific position for which applications are
being accepted.
4.05 Disqualification. The Personnel Officer may disqualify any Candidate at any
time for good cause. Good cause includes, but is not limited to:
A. Failure to properly complete, sign or timely file the required application
form and supplemental materials, if any.
B. Fraudulent conduct or false statements by a Candidate or others with the
Candidate's knowledge on any application or in any phase of the selection
process.
C. Failure to meet any of the minimum requirements or qualification for the
Position.
D. Failure to cooperate in the selection process.
E, Failure to attend any appointment.
F. Failure to timely advise the Personnel Officer of a change of address,
phone number or other contact information.
4.06 Withdrawal of Application or Candidacy. A Candidate may withdraw from the
selection process at any time. The Personnel Officer may, but is not required to, allow an
applicant or Candidate to reenter the selection process, provided that that Candidate can
still comply with all requirements and procedures of the selection process.
Amended by Resolution No,
. April 24, 2006
1181156l19-1
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4,07 Appointments. Appointments to vacant positions in the competitive service
shall be made in accordance with these Personnel Rules. Appointments and promotions
shall be based on merit and fitness to be ascertained so far as practicable by competitive
examinations. Examinations shall be used and conducted to aid in the selection of
qualified employees, and shall consist of such recognized selection techniques as
achievement and aptitude tests and other written test, personal interviews, performance
tests, evaluation of daily work performance, work sampler, or any combination of these,
which will, in the opinion of the Personnel Officer, test fairly the qualification of
candidates. Physical agility tests, medical examinations and drug tests may be given as
part of any examination. In any examination the Personnel Officer may include, in
addition to competitive tests, a qualifying test or tests, and set minimum standards
therefore. Appointments shall be made by the City Manager. The City Manager may
consult as he/she deems appropriate with the Department Head for the department or
work group in which the position is located, prior to making any appointment.
Vacancies in the classified service shall be filled in the following order of priority:
I. Re-employment from layoff for an employee on the re-employment list in
order of seniority for the classification to be filled.
2. Reinstatement, with approval of the department head and appointing
authority, to a classification formerly occupied by the employee from which the
employee resigned in good standing. Reinstatement must occur within one year of the
effective date of resignation and is discretionary. Upon reinstatement, an employee will
be credited with all previously earned seniority and merit increases and will not be
required to serve a probationary period.
3. Voluntary or involuntary demotion from one classification to a lower level
classification with the approval of the appointing authority.
4. Voluntary or involuntary transfer from one classification to another
classification with the same rate of pay with the approval of the appointing authority.
5. An Alternate Employment List.
6. ClosedIPromotional Employment List.
7, Open/competitive, Open Untif Filled, or Continuous Employment Lists.
8. Appointments that are subject to Ordinance. The Appointing Authority
and any other officer in whom is vested the power to appoint, make transfers,
promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees,
shall retain such power, subject to the provisions of the Charter, Municipal Code and
these Rules.
4.08 Notice to Appointing Authority. When a vacancy is to be filled, the
Department Head may submit recommendations as to how it is to be filled to the
Amended by Resolution No,
. April 24, 2006
1188S689-1
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Personnel Officer. Once the Personnel Officer has approved the process, he or she shall
initiate the necessary documents to commence certification proceedings.
4.09 Certification of Employment List. Consistent with Section 906 of the Charter,
the Personnel Officer shall certify one of the employment lists as follows:
A. Open-Competitive Appointments. If appointment is to be made from an
open/competitive employment list, the names of all candidates on the list shall be
certified.
B. ClosedlPromotional Appointments. If appointment is to be made
from a closed/promotional employment list, the names of the top four candidates on the
list still eligible and available for immediate appointment shall be certified. If a second
appointment is to be made from the same closed/promotional employment list, the names
of the next four candidates on that list, excepting those already appointed and those no
longer eligible or available for consideration shall be certified.
C. Continuous Examination Appointments. If appointment is to be made
from a continuous examination list, the names of all candidates on the list still eligible
and available for immediate appointment shall be certified.
D, Open until Filled Examination Appointments, If appointment is to
be made from an open until filled e)Camination, the names of all persons on the
employment list and available for immediate appointment sha1l be certified.
4,10 Probationary Appointment. Following interview, investigation,
background check, and recommendation by the department head, the appointing authority
may make an appointment from among those eligible candidates interviewed.
4.11 Alternate Employment Lists. In the absence of an existing employment
list for a classification, certification may be made from an active employment list for
another classification having similar duties and employment standards. Appointments
made in this manner shall be the equivalent in all respects to having appointed from an
employment list for the classification in which the vacancy occurred.
4.12 Provisional Appointment. In the absence of appropriate eligibility lists,
a provisional appointment may be made by the Appointing Authority of a person meeting
the minimum training and experience qualifications for the position. An eligibility list
shall be established within six months for any permanent position filled by provisional
appointment. When a position is to be filled by provisional appointment, or a provisional
appointment is to be extended, the Appointing Authority shall memorialize the
provisional appointment in the employee's personnel file at the time the appointment is
made.
Amended by Resolution No,
. April 24, 2006
IIlIlI5689-I
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4.13 Appointment of Relatives
The following policies shall govern the employment of the immediate family of
any official or employee of the City.
A, Family Memben of City Officials. Members of the immediate family of
City officials shall not become an employee during the official's term. For this provision,
City officials means the City Manager, elected officials, and Council-appointed officials
and affects Council-appointed Board or Commission members' family only in the
area/department in which the board member or commissioner is serving.
B. Employment ofImmediate Family. A parent, sibling, or child of a City
employee Ill&Y not become an employee within the same division and/or department as
the City employee. However, family members may be employed in the same division
and/or department if:
. The family members are hourly employees.
. The family members are employed in a position that is not
supervisory to each other.
C. Employment ofSpoUle8. A City employee's spouse may not become
an employee within the same division and/or department as the City employee, if the
appointing authority determines that for business reasons of supervision, safety, security,
or morale, the work of such employees involves potential conflicts of interest or other
hazards greater for married couples than for other persons.
D. Penonl Marrying After Employment, No City employees, who
marry each other after being employed by the City, may work within the same shift, unit,
or section, if the appointing authority determines that for business reasons of supervision,
safety, security, or morale, the work of such employees involves potential conflicts of
interest or other hazards greater for married couples than for other persons.
E. Waiver ofthis Restriction. The appointing authority may waive the
restriction set forth in Paragraph C and D above, if the affected department head and the
appointing authority determine that, because of the nature of the department and the work
assignments in question, the members of the, immediate family would have minimal job-
related contact with one another and neither would be placed in such a position as to
supervise or evaluate the other.
SECTION 5: MEDICAL EVALUATION PROCEDURES
5.01 Physical Examination. Any employee may be required to undergo a
physical examination at a time designated by the Personnel Officer.
Amended by Resolution No, . Apri124, 2006
I18ll56l1!1-1
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5.02 New Hires or Re-Hires. In order to be eligible for employment or re-
employment with the City, an individual must pass a physical examination to determine
whether the employee is capable of performing the essential functions required of the
position and can meet the standards established by the Personnel Officer.
5.03 Promotion or Transfer. In order to be eligible for a promotion or a transfer
to a job classification in a category requiring greater physical qualifications than hislher
present job classification, an employee must pass the appropriate physical examination to
determine whether the employee is capable of performing the essential functions required
of the new position.
5.04 Falling the Physical Examination. If an employee fails to pass a physical
examination pending promotion or transfer, the Personnel Officer shall assign hislher
duties to fit, hislher physical condition. If no appropriate position is vacant, such
employee shall be recommended for disability or retirement if he/she is eligible.
5.05 Absence Due to Illness or Physical Incapacity. Any employee who returns
to work after an absence in excess of three consecutive work shifts due to illness or
physical incapacity may be required by the City Manager to undergo a physical
examination. Any employee who fails to pass a physical examination upon return from
an absence in excess of three consecutive work shifts may be transferred to or demoted to
a position requiring lesser physical qualifications, recommended for disability or
retirement, or terminated.
5.06 Qualified Physician. All physical examinations required under the provisions of
this rule shall be performed by a physician specified by the City in active practice
licensed by the State of California and within the scope of hislher practice as defined by
California law. In the case of out-of-state candidates for employment, the physician
performing the examination may be a physician licensed by the state in which the
candidate resides.
5,07 City Financial Responsibility. The City shall pay for any physical
examination required under the provisions of this section.
5.08 General Requirements. All medical inquiries and evaluations will be job
related and consistent with business necessity. The medical evaluation of an applicant
will occur only after a conditional offer of employment is made and where all entering
employees in the same classification are subject to the same examination,
SECT10N6:PROBATlON
6.01 Probationary Period. Except as otherwise expressly provided in this
Section 6, all regular appointments, including promotional appointments shall be for a
Amended by Resolution No.
. April 24, 2006
1#lIII!l68!1-1
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probationary period of not less than six months. The Appointing Authority may establish
a longer probationary period for a particular appointment where circumstances warrant,
as determined by the Appointing Authority. During the probationary period, the
employee may be rejected at any time without prior notice or cause, and without any right
of appeal or hearing.
Sworn police personnel shall serve a probationary period of not less than twelve (12)
months. The Chief of Police may establish a longer probationary period, not to exceed
the maximum allowed by law, by rule or regulation with approval of the Appointing
Authority.
An employee rejected during the probationary period from a position to which he/she has
been promoted shall be reinstated to the position from which he/she was promoted, unless
he/she is dismissed from City service through disciplinary action.
An employee in the competitive service promoted or transferred to a position not
included in the competitive service shall be reinstated to the position from which he/she
was promoted or transferred if, within six months after such promotion or transfer, action
is taken to reject or dismiss himlher, unless helshe is discharged in the manner as
provided in these Personnel Rules and Regulations for positions in the competitive
service.
6.02 ExclusioDll from Probationary Period. Any time spent by an employee on
leave of absence or other unpaid leave in excess of a cumulative total of three (3) work
shifts will not be counted as qualifying service toward completion of the probationary
period. The applicable probationary period will automatically be advanced accordingly.
6.03 Completion of Probation. All appointments will be tentative, pending
completion of the probationary period. Probation will not be completed unless or until
the employee receives written notice of retention or rejection in accordance with these
Rules. The Appointing Authority or a Department Director with approval of the
Appointing Authority may retain or reject a probationary employee and issue the
appropriate notice. The Appointing Authority may retroactively confirm the retention of
any employee and the successful completion of probation where the probation period was
extended or was ended by rejection because the employee did not receive written notice
of retention or rejection.
6.04 Extension of Probation. The Appointing Authority or a Department
Director, with approval of the Appointing Authority, may extend the probationary period
for an additional period or periods not to exceed a cumulative total of six (6) months.
Any employee, who does not receive written notice of the successful completion of
probation, shall have the probationary period extended on a day-to-day period. Any
employee who reaches the maximum probationary period without receiving written
notice of successfully competing probation will be deemed rejected during probation.
Amended by Resolution No,
. April 24, 2006
##lIII!i6ll9-1
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6.05 Effect of Rejeetion During Probation. An employee may be rejected during
probation at any time without prior notice or cause, and without any right of appeal or
hearing.
A. Initial Probationary Period. An employee rejected during the
initial probationary period associated with the employee's first appointment to a
position in the Competitive Service is terminated.
B. Promotional Probationary Period. Any probationary period
served after an employee successfully completes the initial probationary period
and thereafter is continuously employed in the Competitive Service will be
considered a promotional probationary period.
,LAn employee rejected during the promotional probationary period
following hislher promotion into another competitive service position shall be
reinstated to the competitive service position from which he or she was promoted,
unless otherwise dismissed or demoted in accordance with the Charter or these
Rules.
2. An employee in the competitive service promoted or transferred to
an exempt position shall be reinstated to the competitive service position from
which he/she was promoted or transferred if, within six months after such
promotion or transfer (or within six months of any extension of hislher
promotional probationary period), action is taken to reject or dismiss him/her
during hislher promotional probationary period, unless he/she is discharged from
City service or otherwise demoted in accordance with Section 12, subsections
12.01 through 12.13 of these Rules.
6.06 Appointment to a Different Classification During Probation. An employee
is not disqualified from appointment to a different classification because he or she is
presently serving a probationary period. Any such appointment must otherwise comply
with these Rules. An employee who has not completed the probationary period at the
time of appointment to a different classification will begin a new probationary period. If
the employee was serving a new hire probationary period at the time of appointment, the
new probationary period will also be a new hire probationary period. If the employee is
serving a promotional probationary period at the time of appointment, the new
probationary period will be a promotional probationary period. If such employee is
rejected during the promotional probationary pcriod, the employee will be returned to the
position that employee occupied immediately prior to the initial appointment, except that
the Personnel Officer may return the employee to any vacant intermediate position.
6.07 Status of Present Employees. The adoption of these Rules shall not affect
the probationary status of current employees in the competitive service. Any employee
serving a probationary period upon the effective date of these Rules, shall continue to
serve in a probationary status until completion of the probationary period established
prior to the adoption of these Rules.
Amended by Resolution No,
. April 24, 2006
1IlII56ll!)"1
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SECTION 7: PERFORMANCE EVALUATION
7.01 Performance Evaluation System. The Personnel Officer will establish a
system of periodic evaluations for all employees in the classified service.
7.02 Purpose, Performance evaluations will provide recognition of effective
performance and will identifY areas that need improvement, as appropriate. Performance
evaluations may be used as a basis for completion of probation, salary adjustments,
promotions, training and discipline. Performance evaluations may also include a period
of performance probation associated with a performance improvement plan and
heightened evaluation and counseling. Performance probation will not affect an
employee's discipline and appeal rights, as provided in these Rules.
7.03 Preparation. Performance evaluations are to be prepared as prescribed by the
Personnel Officer for each employee in the Classified Service on forms approved by the
Personnel Officer. The applicable Department Head will be responsible for the timely
completion of evaluations, utilizing subordinates as approprfate. The performance
evaluation will be limited to job related factors.
7.04 Presentation and Response. The performance evaluation will be presented to the
employee prior to its entry in the employee's personnel file. Upon request, the
performance evaluation will be discussed with the involved employee with a supervisor
or department director designee. An employee may respond in writing to a performance
evaluation within seven (7) calendar days of its receipt. Each completed evaluation will
be maintained in the employee's personnel file together with any written response of the
employee. Except as otherwise required by law, performance evaluations are not subject
to appeal or grievance.
7.05 Frequency. Performance evaluations will be completed at least annually for
each employee in the Classified Service. During the probationary period and during any
performance probation, performance evaluations should be completed every three (3)
months and immediately prior to the expiration of any probationary period, if different.
In addition to regular, periodic evaluations, an employee may be evaluated at any time, at
the discretion of the department director.
Amended by Resolution No,
. April 24, 2006
HII85Ii8!1-1
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SECDON 8: COMPENSATION
8.01 Compensation Plan. The Personnel Officer will prepare, administer and
maintain a compensation plan consisting of a Salary Range or Salary Rate for each
Classification in the Competitive Service. Separate elements of the compensation plan
may be prepared for different groups of employees as part of a resolution, memorandum
of understanding or other document setting the terms and conditions of employment. All
of these separate elements, taken together, will comprise the compensation plan.
8.02 Adoption and Amendment. The compensation plan and any amendments will
be effective upon adoption or approval by the City Council.
8.03 Step Appointment. The Appointing Authority may appoint an employee at any
Salary Step of the Salary Range for the Classification. The City Manager's prior
approval is required for an appointment above the first step of a Salary Range if a
different person makes the appointment pursuant to delegation by the Appointing
Authority.
8.04 Salary at Promotion. Employees promoted from one Classification in the
Competitive Service to a different Classification in the Competitive Service will be
placed at the step that is closest to providing a 5% salary increase, but not more than the
top step of the Salary Range.
8.05 Salary at Transfer. Upon transfer, an employee will be placed at the Salary
Step that provides the same Salary Rate the Employee was receiving prior to transfer. If
no such Salary Step is available, the employee will be placed at the Salary Step that is
closest to, but not less than, the Salary Rate the employee was receiving prior to Transfer.
8.06 Salary at Demotion. Upon demotion, the Appointing Authority will determine
the Salary Step at which the employee will be placed, but not more than the top step of
the Salary Range.
8,07 Salary Advancement. Employees not at the top step of a Salary Range,
will be eligible for advancement to the next Salary Step six (6) months following initial
appointment and at 12 month increments thereafter, until the Employee reaches the top
step of a Salary Range. Advancement will be based on merit.
8.08 Delay or Denial of Salary Advancement. Salary advancement may be delayed
or denied where an employees' performance or attendance do not merit advancement.
The decision not to advance an employee is not a disciplinary action and is not subject to
appeal, hearing or grievance, A delayed or denied salary advancement will not affect
subsequent dates on which the employee may be eligible for salary advancement
consideration.
8.09 Special Performance Advancement. Upon recommendation of the
appropriate Department Director and approval of the Personnel Officer, an employee may
be granted a special performance advancement to any Salary Step within the Salary
Amended by Resolution No,
. April 24, 2006
1188!16l19-1
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Range where unusual or outstanding performance is demonstrated. Unless otherwise
provided in conjunction with the special advancement, the subsequent dates on which the
employee may be eligible for salary advancement consideration will not change.
8,10 Flexible Compensation Programs. Nothing in these Rules is intended to
prevent the establishment of supplemental bonuses or flexible pay programs involving
incentive pay, bonuses or salary ranges without fixed steps, following approval by the
City Council.
8,11 Salary on Reemployment or Reinstatement. An employee reemployed or
reinstated may be appointed at any Salary Step in the Salary Range for the Classification
deemed appropriate by the Appointing Authority. Normally, an employee will be placed
at the Salary Step that is at or closest to the Salary Rate the employee received prior to
termination, adjusted for general salary increases or similar changes to the compensation
plan.
8.12 Adjustments for Leave of Absence. Except as otherwise required by law,
Employees on an unpaid leave of two payroll periods or more will have the date on which
they are eligible for salary advancement consideration adjusted to account for the total
time on leave. Leaves of less that two payroll periods will not affect the time for
considering the salary advancement, but may be considered in conjunction with merit as
an element of attendance, under appropriate circumstances.
8.13 Administration. Compensation, timekeeping and payroll will be
administered in compliance with established policies, procedures, instructions or
directives. Employees will comply with these requirements.
SECTION 9: EMPLOYMENT STANDARDS
9.01 Outside Employment Policy
A. Outside Employment Permitted. Employees may engage in any legal
outside employment, activity, or enterprise for compensation (collectively, "outside
employment") subject to the conditions set forth herein. Irrespective of any existing
outside employment, all employees are evaluated according to the City's performance
standards and are subject the City's scheduling requirements.
B. Notice. Any employee who has obtained outside employment must
notify the Personnel Officer in writing as soon as possible after accepting the offer for
outside employment. The employee must give the Personnel Officer enough information
about the outside employment in order to allow the Personnel Officer to determine if such
employment creates a conflict of interest with the employee's City employment.
Amended by Resolution No,
. April 24, 2006
tIS85Ql9-1
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c. Employment While on Leave. Employees are prohibited from
engaging in outside employment while on any type ofleave where such employment is or
may be inconsistent with the leave or the terms of the leave approval.
D. Prohibitions
Employees are prohibited from engaging in outside employment that involves the
use of City time, facilities, equipment, vehicles, supplies, or other City property for
private gain or advantage.
Employees are prohibited from engaging in outside employment, which involves
hours of work or the exertion of effort which would or could be reasonably expected to
reduce the quality or quantity of the employee's services to the City.
Employees are prohibited from engaging in outside employment where a conflict
of interest or the appearance of a conflict arises. Examples of this could include, but are
not limited to, outside employment that:
.
Is either direct1y or indirectly connected with the employee's official
duties, including but not limited to: doing business with persons contacted
in the course of hislher official duties, engaging in activities where the
employee or hislher associate may be benefited by this official position, or
doing business which may influence the employee or other employees in
the performance oft)leir official duties.
Involves advisory or consulting services which could be reasonably
expected to conflict with the City's interests.
.
.
Involves financial interest in any contract, sale, or transaction to which the
City is a party.
.
Involves the employee's performance of an act in other than hislher
capacity as a City employee which may later be subject directly or
indirectly to the control, inspection, review, approval, audit, or
enforcement of the City or any of its employees.
.
Involves work, which may later be subject directly or indirectly to the
control, inspection, review, approval, audit, or enforcement of the
employee as a representative of the City.
.
Involves use of the City's prestige or influence or a City badge or uniform.
.
Involves the employee's receipt or acceptance of any money or other
consideration from anyone other than the City for the performance of an
act which the employee, if not performing such act, would be required or
expected to render in the regular course or hours of hislher City
employment or as part ofhislher duties as a City employee.
Amended by Resolution No,
1IB1I56S9-1
. April 24, 2006
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Involves the use or disclosure of confidential information produced,
obtained, or learned in the course ofhislher employment with the City.
If the City determines that an employee's outside employment creates a conflict of
interest or potential conflict of interest with hislher City employment or interferes in any
other way with hislher ability to meet City requirements, the City will provide written
notification to the employee that he or she will be dismissed from employment with the
City unless the employee terminates the outside employment. The notice and appeal
provisions set forth in Section 12 of these Rules apply to this determination.
.
E. Department Rules, Rules or procedures established in the Police
Department will super cede the outside employment provisions outlined above.
Otherwise, department rules may supplement these provisions.
9.02 Personnel Records.
A. Personnel File. The Personnel Officer will maintain a personnel file
for each employee. All personnel files will be kept confidential and stored in a secure
area. Typically, the personnel file will contain records of the following:
. Employment Application(s)
. Hire date and beginning salary
. Employment or personal references
. History of promotions and assignments
. Salary changes
. Termination date and reason for termination
. Performance evaluations, including employee responses, if any
. Notices and responses regarding discipline.
B. Personal Data. Employees are required to maintain current contract
information on file with the Personnel Officer, including address and phone number.
Employees are also responsible for maintaining a current group life insurance beneficiary
designation and accurate group benefit information. Changes to personal data, such as
address, telephone number, marital status, number of dependents, beneficiaries and
person(s) to notify in the case of an emergency should be immediately reported in writing
to the Personnel Officer on designated forms.
Amended by Resolution No.
. April 24, 2006
1HIlI!6ll9-1
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C. Inspection and Copying. Employees may inspect their personnel files
at reasonable times and on reasonable notice. In addition, employees may obtain copies
of employment-related documents they have signed. Employee may only inspect their
own personnel file and only in the presence of the Personnel Officer.
D. Removal. Personnel files are the property and official records of the
City and may not be removed from the City's premiscs, except as required by law.
E. Personnel Forms. Every appointment, promotion, transfer, demotion,
salary change, termination or other information or action which affects an employee shall
be initiated on appropriate forms specified by the Personnel Officer. Such forms shall be
used as prescribed by the Personnel Officer.
9.03 Political Activity. Employees may not participate in political activities of any
kind while in uniform, during working hours or utilizing City resources. Employees'
political activities will otherwise comply with and are governed by applicable state and
federal law.
SECTION 10: LEAVES
10.01 Vacation.
A. Accrual. Full time employees earn and will accrue vacation leave at
the rate and according to the terms of the applicable memorandum of understanding, City
Council resolution or written employment agreement. Vacation leave may be subject to a
maximum accrual limit and no employee will accrue additional vacation leave upon
reaching the specified limit. Except as otherwise required by law, employees on any
unpaid leave of absence will not accrue vacation leave during such unpaid leave.
B. Use. Employees must request and receive approval for the use of
vacation leave in advance of its use. Vacation leave is requested in accordance with
procedures established by the applicable department or work group. Requests should be
submitted as early as practical.
C. Payment at Termination. On termination of employment, an employee
will be paid for all accrued but unused vacation leave below the applicable accrual limit
at the employee's applicable Salary Rate in effect at the time of Termination.
D, Limitations. An employee shall not be granted, and accordingly is not
entitled to use vacation leave in advance of its accrual.
10,02 Sick Leave.
A. Accrual Full-time employees earn will accrue sick leave at the rate
and according to the terms of the applicable memorandum of understanding, City Council
resolution or written employment agreement. Sick leave may be subject to a maximum
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. April 24, 2006
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accrual limit and no employee will accrue additional sick leave open reaching the
specified limit. Except as otherwise required by law, employees on any unpaid leave of
absence will not accrue sick leave during such unpaid leave.
B. Use, Where sick leave is used for eligible events that are known in
advance, employees must request and receive prior approval for the use of such sick
leave. For emergencies and where advance notice is not possible, employees shall
provide notice as soon as possible and in accordance with procedures established by the
applicable department or work group.
C. Purpose. Except as otherwise provided, sick leave is provided for
incapacitating personal illness or disability. To the extent required by law, eligible
employees may also use sick leave in an amount not to exceed one-half of their annual
accrual to attend to the illness of a child, parent, spouse or domestic partner of the
employee.
D. Payment on Termination. Except as otherwise provided, employees
will not be eligible for payment of sick leave balances on termination.
E. Verification. The City retains the right to request verification from a
licensed health care provider for all absences due to illness or disability. Sick pay may be
withheld if the employee does not provide verification satisfactory to the applicable
supervisor or Department Head.
F. Substitution. An employee absent from work due to illness and who has
no accumulated sick leave may use vacation leave or any other compensated time in
place of sick leave.
G, Limitations. An employee shall not be granted, and accordingly is not
entitled to take, paid sick leave in advance ofits accrual. Except as otherwise provided, a
new employee who is absent during hislher probationary period due to illness, disability,
or any reason that would qualify for sick leave under this policy will not be compensated.
H. Sick Leave Abuse. Abuse of the sick leave will result in employee
discipline, which may include dismissal.
10.03 Family Care and Medieal Leave
A. Eligibility, To be eligible for family care and medical leave, an
employee must have: (I) worked for the City for at least twelve (12) months prior to the
date on which the leave is to commence; and (2) worked at least one thousand two
hundred fifty (1,250) hours in the twelve (12) months preceding the leave.
B. Use. "Family care leave" may be requested for: (I) the birth or
adoption of an employee's child; (2) the placement ofa foster child with the employee; or
(3) the serious health condition of the employee's child, spouse, or parent. "Medical
leave" may be requested for an employee's own serious health condition. A "serious
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. April 24, 2006
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health condition" is one that requires either in-patient care in a medical facility or
continuing treatment or supervision by a health care provider.
c. Substitution. Employees are required to substitute accrued vacation time
and other paid, personal leave for all family care and medical leaves. Employees are
required to substitute sick leave only for medical leaves. Employees may elect to
substitute sick leave to attend to an illness of a child, parent, or spouse of the employee or
for other types offamily care leave.
D. Duration of Leave. Provided that all of the conditions of this policy are
met, an employee may take a maximum of twelve (12) weeks of family care and medical
leave in a rolling twelve (12)-month period measured backwards from the date the
employee's leave commences. Parents who are both employed by the City may take a
maximum combined total of twelve (12) weeks of family care leave in a twelve (12)-
month period for the birth, adoption, or foster care of their child.
The substitution of paid leave for family care or medical leave does not extend the total
duration of family care and medical leave to which an employee is entitled to beyond
twelve (12) weeks in a twelve (12)-month period. For example, if an employee has
accrued four (4) weeks of unused paid vacation time at the time of the request for family
care or medical leave, that paid vacation time will be substituted for the first four (4)
weeks of family care or medical leave, leaving up to eight (8) additional weeks of unpaid
leave.
Family care leave taken for the birth, adoption, or foster care placement of a child
generally must be taken in blocks of at least two (2) weeks' duration. However, the City
will provide employees with family care leave for birth, adoption, or foster care
placement for less than two (2) weeks' duration on any two (2) occasions. Family care
leaves for the birth, adoption, or foster care placement of a child must be concluded
within one (I) year of the birth, adoption, or placement.
Family care or medical leave for the employee's own serious health condition or for the
serious health condition of the employee's spouse, parent, or child may be taken
intermittently or on a reduced schedule where medically necessary. If leave is taken in
this manner, the City retains the discretion to transfer the employee temporarily to an
alternative position with equivalent pay and benefits which better accommodates the
employee's leave schedule.
E. Pay and Benefits, Except to the extent that other paid leave is
substituted for family care or medical leave, family care and medical leave is unpaid.
During an employee's family care or medical leave, for up to a maximum of twelve (12)
weeks in a twelve (12)-month period, the City shall continue to pay for the employee's
participation in the City's group health plans to the same extent and under the same terms
and conditions as would apply had the employee not taken leave.
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. April 24, 2006
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If an employee fails to return from the leave for a reason other than the recurrence or
continuation of the health condition that brought about the leave or other circumstances
beyond the employee's control, the City can recover any health premiums paid by the
City on hislher behalf during any unpaid period(s) ofIeave.
An employee on family care and medical leave accrues employment benefits, such as
sick leave, vacation benefits, or seniority only when paid leave is being substituted for
unpaid leave and only if he/she would otherwise be entitled to such accrual.
F. Notice. An employee should notify the City in writing of his/her
request for family care or medical leave as soon as helshe is aware of the need for such
leave. For a foreseeable event, the employee must provide thirty (30) calendar days'
advance notice to the City of the need for family care or medical leave.
Failure to provide the requisite thirty (30)-day advance notice for a foreseeable event
without any reasonable excuse for the delay will be cause for the City to delay the taking
of the leave until at least thirty (30) days after the date the employee provides notice of
the need for family care or medical leave. For an event that is unforeseeable thirty (30)
days in advance but is not an emergency, the employee must notify the City as soon as
he/she learns of the need for the leave, ordinarily no later than two (2) working days after
the employee learns of the need for the leave. If leave is requested in connection with a
planned, non-emergency medical treatment, the employee may be requested to reschedule
the treatment in order to minimize disruption of the City's business.
G. Certification. All requests for family care or medical leave should include
the anticipated date(s) and duration of the leave. Any requests for extensions of a family
care or medical leave must be received at least five (5) working days before the date on
which the employee was originally scheduled to return to work and must include the
revised anticipated date(s) and duration of the family care or medical leave.
Any request for medical leave for an employee's own serious health condition or for
family care leave to care for a parent, child, spouse, or parent with a serious health
condition must be supported by medical certification from a health care provider. For a
foreseeable leave, an employee must provide the required medical certification before the
leave begins. When this is not possible, an employee must provide the required
certification within fifteen (IS) calendar days after the City's request for certification,
unless it is not practicable under the circumstances to do so, despite the employee's good
faith efforts. Failure to provide the required medical certification without any reasonable
excuse for the failure will be cause for the City to deny a foreseeable leave lintil such
certification is provided. In the case of an unforeseeable leave, failure to provide the
required medical certification within fifteen (IS) days of being requested to do so without
any reasonable excuse for the failure will be cause for the City to deny the employee's
continued to leave. Any request for an extension of the leave also must be supported by
an updated medical certification.
The medical certification for a child, spouse, or parent with a serious health condition
shall include: (a) the date on which the serious health condition commenced; (b) the
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probable duration of the condition; (c) the health care provider's estimate of the amount
of time needed for family care; (d) the health care provider's assurance that the health
care condition warrants the participation of the employee to provide family care; and (e)
in the case of intermittent or reduced schedule leave where medically necessary, the
probable duration of such a schedule.
The medical certification for leave for the employee's own serious health condition shall
include: (a) the date on which the serious health condition commenced; (b) the probable
duration of the condition; (c) a statement that, due to the serious health condition, the
employee is unable to perform the functions of his/her position; and (d) in the case of
intermittent leave or reduced schedule leave where medically necessary, the probable
duration of such a schedule. In addition, the certification may, at the employee's option,
identify the nature of the serious health condition involved. If the City has reason to
doubt the validity of the certification provided by the employee, it may require the
employee to obtain a second opinion from a doctor of the City's choosing at the City's
expense. If the employee's health care provider and the doctor do not agree, the City
may require a third opinion, also at the City's expense, performed by a mutually
agreeable doctor who will make a fina1 determination. Before permitting the employee to
return to work, the City may also require the employee to provide medical certification
that he/she is able to return to work.
Employees returning from family care or medical leave are entitled to reinstatement to
the same or comparable position consistent with applicable law.
10.04 Pregnancy Related Leaves
A. Eligibility. Any employee who is disabled on account of pregnancy,
childbirth, or related conditions may take a pregnancy-related disability leave for the
period of actual disability up to four (4) months, in addition to any family care or medical
leave to which the employee may be entitled under Section 2 of this policy.
B. Accommodation. An employee is also entitled to a reasonable
accommodation for pregnancy, childbirth, or related medical conditions if she requests it
and provides the City with medical certification from her health care provider. In
addition to other forms of reasonable accommodation, a pregnant employee is entitled to
transfer temporarily to a less strenuous or hazardous position or less hazardous or
strenuous duties if she requests it, the transfer request is supported by proper medical
certification, and the transfer can be reasonably accommodated.
C. Substitution. An employee taking pregnancy-related disability leave
must substitute any available sick pay for leave and may, at her option, substitute any
accrued vacation time for her leave. The substitution of paid leave for pregnancy-related
disability leave does not extend the total duration of the leave to which an employee is
entitled. If an employee taking a pregnancy-related disability leave is also eligible for
family care and medical leave under this section, then the employee is entitled to the
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#IlI85689-1
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City's continuation of benefits as described in that section up to a maximum of twelve
(12) weeks in a twelve (12)-month period.
Other Provisions, The provisions of the City's Family Care and Medical
Leave Policy regarding the leave's effect on pay, notice requirements, medical
certification requirements, and reinstatement also apply to all pregnancy-related disability
leaves. However, for pregnancy-related disabilities, there is no process for obtaining
more than one medical opinion. For the purpose of applying those provisions, an
employee's pregnancy-related disability is considered to be a serious health condition.
10,05 Other Disability Leaves In addition to medical or pregnancy-related
disability leaves described in this section, an employee may take a temporary disability
leave of absence if necessary to reasonably accommodate a workplace injury or a
disability under an applicable disability law. Any disability leave under this section may
run concurrently with any medical leave to which the employee is entitled under this
section.
Employees taking disability leave must comply with the Family Care and Medical Leave
provisions regarding substitution of paid leave, notice, and medical certification. For the
purpose of applying these provisions, a disability leave will be considered to be a medical
leave.
If a disability leave under this section extends beyond twelve (12) weeks in a twelve (12)-
month period, the employee will not be entitled to any continued employer contributions
toward any employee benefit plan unless otherwise required by law. However, an
employee may elect to continue participating in such benefit plans, at hislher own
expense, to the extent permitted by such plans.
The duration of a leave under this section shall be consistent with applicable law, but in
no event shall the leave extend past the date on which the employee becomes capable of
performing the essential functions of hislher position, with or without reasonable
accommodation. For a full explanation of leave duration and reinstatement rights,
employees should contact their supervisor or the Personnel Officer.
10.06 Non-Medical Leaves of Absence The City also grants eligible employees
leaves of absence for military leave, jury or witness duty, certain court appearances,
emergency duty as a volunteer firefighter, appearances at school or daycare activities of
hislher childlchildren, voting in a statewide election, or bereavement. Unless otherwise
required by law, cmployees will not be paid for such leaves of absence, Employees
wishing to take a leave of absence for one of these reasons should refer to the procedures
outlined below or contact the City Manager.
A. Non-Mediea! Leave of Absence Without Pay. The Personnel Officer
may grant a non-medical leave of absence without pay for good cause. An employee
with available paid time off is not eligible for Non-Medical Leave of Absence Without
Pay. A leave of absence shall be granted only to an employee who has a satisfactory
service record at the time the leave is requested and expresses a desire to return to the
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J
City's employ after such leave. The Personnel Officer will evaluate emergency and
unanticipated non-medical leaves of absence on a case-by-case basis by the Personnel
Officer.
B. Military Leave of Absence. Employees whose participation in the
uniformed services or other military duty is mandatory will be granted military leave as
required by law. Employees must notify their immediate supervisor as soon as they
know the required dates of service and, if requested, must furnish the supervisor with a
copy of the official orders or instructions. Upon return from an approved military leave,
the employee will be reinstated either to his/her former position or to another pqsition to
the extent required by applicable law. In order to be eligible for reinstatement, the
employee must: (I) report to the City or submit an application for employment within
the period required by federal and state laws; and (2) provide a certificate of satisfactory
completion of service and appropriate documentation to establish that he/she is eligible
for reinstatement.
C. Jury and Witness Duty; Other Court Appearances. The City will
provide employees time off to serve, as required, on a jury or grand jury if they provide
the applicable supervisor or Personnel Officer with reasonable advance written notice of
the obligation to serve. The City will also provide an employees with time off to: (I)
appear in court or in other judicial proceedings as a witness to comply with a valid
subpoena or other court order; or (2) obtain any relief, including a temporary restraining
order, to help ensure the health, safety, or welfare of a domestic violence victim or hislher
child.
Except as otherwise provided by law, resolution or written agreement, a regular, full-time
employee will be paid his/her regular wages less jury duty pay (other than travel, parking,
and other expenses) for a maximum of 40 (forty) hours within one twelve (12)-month
period. However, this provision will not be applied in a manner that will conflict any
exemption under the Fair Labor Standards Act. An employee may elect to substitute
accrued vacation during any unpaid leave due to jury duty or a witness appearance.
An employee called for jury duty shall give the City Manager reasonable advance written
notice of the obligation to serve. In instances where the time off is needed to obtain relief
in connection with a case involving domestic violence, reasonable advance notice of the
court appearance is also required unless an emergency or unscheduled court appearance
is required. If time off is taken for this purpose due to an emergency or unscheduled
court appearance, the employee must provide the City Manager with written evidence
from the court or prosecuting attorney within fifteen (IS) days of the absence that the
employee has appeared in court.
To the extent permitted by law, at the City Manager's request, the employee shall request
that the jury commissioner permit the employee to remain at work and be available on
one (I) hour telephonic notice.
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. April 24, 2006
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The employee shall continue to report for work on those days when excused from jury
and on days on which helshe can work at least three (3) hours, or as otherwise directed by
the appropriate supervisor, during hislher regular work day.
D. Leave for EdueationallDayeare Pnrposes. Employees will be granted
time off without pay up to 40 hours per calendar year, but no more than eight (8)hours in
any calendar month, to participate in the activities of schools or licensed daycare facilities
attended by their child or children. An employee must substitute accrued vacation,
personal leave, or compensatory time off for purposes of a planned absence under this
subsection.
Employees wishing to take time off under this subsection must provide their supervisor
with reasonable notice of the planned absence. Ifboth parents of a child are employed by
the City at the same worksite, the request for time off under this subsection will be
granted to the first parent to provide notice of the need for time off. The request from the
second parent will be accommodated, if possible.
The City reserves the right to request that the employee furnish written verification from
the school or daycare facility as proof that the employee participated in school or daycare
activities on the specified date and at the particular time. Failure to provide written
verification is grounds for disciplinary action.
E. Leave for Volunteer Firefighter Duties. A non-exempt employee will
be granted time off to perform emergency duties as a volunteer firefighter, as required by
law.
F. Voting Time Off. Employees who do not have sufficient time outside
of their regular working hours to vote in a statewide election may request time off to
vote. Ifpossible, employees should make the request at least two (2) days in advance of
the election. Up to two (2) hours of paid time offwi11 be provided, at the beginning or
end of the employee's regular shift, whichever will result in the least time off work.
G. Bereavement Leave. Employees may be granted up to forty (40) hours
of bereavement leave of absence by reason of a death in their immediate family which
shall be restricted and limited to father, mother, stepmother, step-father, brother, sister,
spouse, child, step-child, grandmother, grandfather, mother-in-law, father-in-law, or all
degree of relatives not listed by living within,the household of the employee.
10,07 Alternate Leave Programs and Provisions. Nothing in this section is intended to
prevent the establishment of alternate leave programs, such as a paid time-off program, to
substitute for some or all of the leave programs described in this section. Any new or
alternate program will be established in accord with the vested rights, if any, of
employees in existing leave accruals. In the event of a conflict between the provision of
this section and any applicable memorandum of understanding, City Council resolution
or written employment agreement, such memorandum of understanding, resolution or
agreement will prevail. Other than vacation leave and sick leave, the provisions of this
section will apply to employment in the Unclassified Service, to the extent required by
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law. Vacation and sick leave shall apply to the Unclassified Service only to the extent
such leaves are expressly provided to the employment in question.
10.08 Sick Leave During Worker's Compensation. Whenever an employee is entitled
to receive worker's compensation for an injury on the job, such employee is entitled to
use accrued sick leave on the first day the employee is absent from duty due to the injury
and thereafter until the first day for which the employee is paid temporary disability
compensation. At the request of the employee, the City may supplement temporary
disability payments by applying the employee's accrued sick leave in an amount equal to
the difference between base salary and the temporary disability payment received during
the period the injured employee receives temporary disability benefits. Employees
entitled to a leave of absence under Labor Code Section 4850 will receive benefits as
provided by Section 4850 and are excluded from the provisions of this Section 10.08.
SECI'ION 11: TERMINATION
11.01 Resignation. An employee may resign in good standing by notifying the
appointing authority or any supervisor at least two weeks in advance. Any supervisor
receiving notice of resignation will advise the Appointing Authority. Once notice of
Resignation is fina1 upon notification and may not be withdrawn, except as otherwise
determined by the Appointing Authority.
11.02 Automatic Resignation. Absence without leave, whether voluntary or
involuntary, for three (3) consecutive work shifts or more is an automatic resignation.
The Appointing Authority or applicable Department Head will notify the employee in
writing of the intended application of the automatic resignation rule and the facts
supporting application of the rule. If the employee challenges the accuracy of the facts,
the Appointing Authority will provide the employee with an opportunity to present his or
her version of the facts to a neutral hearing officer. The Appointing Authority may
designate a neutral hearing officer according to procedures specified by the Appointing
Authority. The hearing officer will make a factual determination as to whether the
employee has been absent for three (3) consecutive work shifts and whether the absence
is without leave. If the hearing officer determines such facts exist, automatic resignation
will be effective as of last day on which the employee worked. The Appointing
Authority may, in his or her discretion, waive application of automatic resignation for
good cause, as determined by the Appointing Authority.
11.03 Layoff, Section 11.07 of these Rules governs the abolition of positions by
the City Council within the Classified Service, including any resulting layoff.
A. City Manager Authority, Except as otherwise determined by the City
Council in accordance with Section 11.07, the City Manager may abolish any position or
employment in the Competitive Service and may lay-off, demote or transfer an employee
holding such position on the grounds and according to the procedures provided in these
Rwes. The City Manager may not delegate this power.
Amended by Resolution No,
. April 24, 2006
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B. Order. Where a position or employment is abolished, layoffs are
designated within a specified Classification.
. Any vacant positions in the designated Classification are first eliminated,
except that employees may be transferred, as determined by the City
Manager, to create a vacancy in a particular position.
. Provisional employees in the affected class will be laid off before any
probationary or regular employees in the class.
. Lay-off will, thereafter, be determined by seniority as defined in these
Rules.
C. ' Bumping. An employee designated for lay-off in a higher-ranking
classification may displace or "bump" a less senior employee in a different
classification in the same job series possessing a lower maximum Salary Rate.
The less senior employee subject to displacement shall be, where applicable, the
least senior employee in the classification. Except as otherwise determined by the
City Manager, an employee may decline to displace another employee and accept
the lay-off. Except as otherwise permitted by the City Manager, displacement is
only permitted to the Classification in the Job Series that is closest in maximum
Salary Rate (but less than) the classification from which the employee is
designated for lay-off. However, an employee may only displace an employee
where he or she possesses the minimum requirements for the classification and is
otherwise capable of performing the essential functions of the position. An
employee displaced as provided above will be designated for lay-off and may also
displace an employee, as provided above. Following the completion of any
displacements, the Appointing Authority may transfer employees as necessary to
realign and reorganize the remaining personnel for the work to be performed.
Displacement of another employee is available only where there is a less senior
employee in a different classification in the same job series possessing a lower
maximum Salary Rate.
The act of an employee displacing another employee will be classified as a
demotion in lieu of layoff. An employee demoted in lieu of lay-off will be
assigned the salary rate that is closest to the employee's salary rate before
demotion but not more than the maximum Salary Rate for the new classification.
The employee displaced may displace other employees, as provided above.
D. Notice. The City Manager shall provide at least 10 (ten) days prior notice
to any employee who will be laid off. Alternatively, the employee may be provided pay
or salary in-lieu of all or any portion of the notice period.
E. Re-Employment. Employees laid off will be placed on re-
employment lists, as provided in Charter Section 914.
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. April 24, 2006
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F. No right of appeal. Employees laid off in accordance with this Section
11.03 shall have no right of appeal.
11.04 Retirement. An Employee may retire in good standing by separating from the
City service in compliance with the rules and procedures of the Public Employees'
Retirement System. '
11.05 Medical Separation. An Employee who is not eligible for disability retirement
procedures under the Public Employees' Retirement System, may be separated for
disability or medical reasons based on medical evidence and according to procedures
designated by the Appointing Authority.
11.06 Dismissal. An employee may be terminated from employment by dismissal,
as provided in these Rules.
11.07 Abolition of Position by the City CounciL Whenever in the judgment of the
City Council it becomes necessary in the interest of economy or because the necessity for
the position or employment involved no longer exists, the City Council may abolish any
position or employment in the competitive service and lay-off, demote or transfer an
employee holding such position or employment without filing written charges and
without the right to appeal.
Seniority, as defined in these Rules, shall be observed in effecting such reduction in
personnel, and the order of lay-off shall be in the reverse order of seniority. Lay-off shall
be made within classes of positions, and all provisional employees in the affected class or
classes shall be laid off prior to the lay-off of any probationary or permanent employee.
An employee designated for lay-off in a higher-ranking classification may displace or
"bump" a less senior employee in a different classification in the same job series
possessing a lower maximum Salary Rate, in accordance with Section 11.03(C) of these
Rules. The names of probationary and permanent employees laid off shall be placed
upon re-employment lists for classes which, in the opinion of the Personnel Officer,
require basically the same qualifications and duties and responsibilities of those of the
class of positions form which lay-off was made.
Name of persons laid off shall be placed up re-employment lists in order of their
competency, and shall remain on such lists for a period of two years unless re-employed
sooner. For re-employment purposes, competency of a person laid off shall be
determined by the head of the department in which such person worked.
SECTION 12: DISCIPLINE
12,01 Action by City. The City may take disciplinary action against any employee for
cause, including but not limited to misconduct or any violation of these personnel rules
and regulations, departmental rules and regulations or any City procedures or any laws.
This section shall only apply to employees who have regular status in a classified
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position. All other employees are at-will and can be terminated at any time, with or
without cause or notice.
12,02 Types of Disciplinary Action. Disciplinary action includes but is not
limited to suspension, demotion, reduction in pay, or dismissal.
12.03 Suspension. Any person holding a position or employment in the competitive
service shall be subject to disciplinary suspension without pay by the appointing power,
but such suspensions shall be in accordance with progressive discipline standards of
practice. Progressive discipline can include suspension from duty based upon previous
behavior and discipline actions. A department head may make a disciplinary suspension
subject to the appeal procedures set forth in Sections 12.07 through 12.11 of these Rules.
12.04 Admillistrative Leave, The appointing authority or a department head may
place any employee on paid administrative leave pending investigation or the completion
of selected disciplinary procedures. Administrative leave may include any terms and
conditions that are not inconsistent with these rules or law.
12.05 Reasons for Discipline. Disciplinary action may be taken for cause,
including but not limited to any of the following causes:
1,
j.
k.
1.
m.
n.
Amended by Resolution No.
a.
b.
Absence without authorized leave.
Any act or threat of workplace violence or fighting on the
job.
Appearing or remaining on duty during work hours while
under the influence of alcohol, controlled substances, non-
prescription or unauthorized narcotics, or dangerous drugs.
Bribery or the receiving of or the giving of other unlawful
gifts or gratuities.
Careless, negligent, unauthorized, or improper use of City
property, equipment, or funds for private purposes or
involving its damage or risk of damage to it.
Chronic absenteeism or the pattern of frequently failing to
report for duty at the assigned place and time.
Conviction of a crime affecting the employee's suitability
for employment with the City.
Dereliction of duty.
Dishonesty.
Failure to maintain grooming, clothing, or uniform
standards.
Falsifying a timecard or other City records.
Fraud in securing employment; falsifying City or
employment records, including job information in order to
secure a position; misstatement of fact on an application or
other personnel document.
Gross negligence.
Improper use of authority for personal gain or satisfaction.
. April 24, 2006
c.
d.
e.
f.
g.
h,
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o. Incompetence or negligence in the performance of duties,
including failure to perform assigned tasks or failure to
dismissal duties in a prompt, competent, and responsible
manner.
p. Inexcusable neglect of duty.
q. Insubordination.
r. Non-compliance with applicable Conflict ofInterest
provisions.
s. Offensive treatment of the public or of another employee.
t. Refusing or failing to perform work assigned; refusing or
failing to perform a lawful direct order.
u. Sleeping on the job.
v. Theft of City equipment or supplies, or theft from a co-
worker.
w. Unauthorized release of confidential information from
official records.
x. Unfitness for duty.
y, Unlawful discrimination, harassment, or retaliation.
z. Unsatisfactory work record.
aa. Willful failure to follow work rules or to perform work as
required.
bb. Willful failure to observe City safety rules.
cc. Other causes as determined by the City.
12.06 Request for Statement of Reasons. Any permanent employee in the competitive
service who has been suspended, demoted, dismissed, or reduced in pay shall be entitled
to the following procedures set out in Sections 12.07 through 12.13 of these Rules.
12.06 Written Notice of Proposed Disciplinary Action - Department Head. A
Department Head may initiate a suspension, demotion, dismissal or reduction in pay
against any employee within his/her department and/or work group. Prior to imposing
disciplinary action, the Department Head will notify the employee in writing of the nature
of the proposed disciplinary action, its proposed effective date, the reason for the
proposed disciplinary action and any specific charges against the employee. The notice
will also inform the employee of his or her right to receive copies of the written
documents and materials on which the proposed action is based and of the employee's
right to respond, either orally or in writing to the Department Head within five days of
the notice of proposed disciplinary action. Within five (5) days after receipt of the
employee's oral or written response, the Department Head shall issue a notice of
discipline imposing, modifying or rescinding the proposed discipline.
12.08 Appeals of Discipline, Permanent employees shall have the right to appeal
the imposition of the following disciplinary actions: suspension, demotion, dismissal or
reduction in pay to the Personnel Officer. Requests for an appeal hearing shall be in
writing, signed by the employee, and presented to the Personnel Officer within ten (10)
days after the date of the written notice required by Section 12.06. Any such request
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shall be addressed to the Personnel Officer and shall identify the subject matter of the
appeal, the grounds for the appeal, and the relief desired by the employee. All
disciplinary hearings shall be conducted in private unless the employee requests, in
writing, a public hearing. Failure to request a disciplinary hearing within ten (10) days
constitutes a waiver of the right to a hearing and any rights to appeal of the disciplinary
action. Upon failure to file a timely appeal from the decision of the Department Head,
the disciplinary action shall be final.
12.09 Scheduling. Upon receipt of such statement and answer the Personnel Officer
shall make such investigation as he/she may deem necessary and within twenty (20) days
after such receipt hold a hearing. The hearing need not be conducted according to
technical rules relating to evidence, and shall be conducted in an informal manner. The
employee shall have the right to be represented by an attorney or spokesperson, but shall
not have any right to compel attendance of witnesses or any right of cross-examination.
The Personnel Officer may in his/her discretion issue subpoenas in accordance with
Section 3.15.090 of the Municipal Code, but failure to do so shall not invalidate the
hearing. Within ten days after concluding the hearing the Personnel Officer shall certify
his/her findings and decision and shall affirm, revoke or modify the action taken, as in
his/her judgment seems warranted. The action of the Personnel Officer shall be final,
unless the employee timely files an application for arbitration pursuant to Section 12.09
of these Rules. Any time limit for conducting scheduling the hearing before the City
Manager may be waived by mutual agreement of the parties.
12.10 Arbitration.
A. An employee dissatisfied with the decision of the Personnel Officer may
apply for arbitration. The employee shall file an application for arbitration no later than
ten days after issuance of the decision by the Personnel Officer. As used herein,
"issuance of the decision" means the date on which the written decision of the Personnel
Officer is personally delivered to the employee or his/her representative, or the date on
which the Personnel Officer's decision is deposited with the U.S. Post Office for delivery
by mail. Upon the employee's failure to file a timely application for arbitration, the
disciplinary action shall be final.
B. The employee and his/her representative and the City Manager shall select
an impartial arbitrator by mutual agreement. If the parties are unable to select an
arbitrator within 15 days, they shall jointly request a list of five qualified arbitrators from
the California State Mediation and Conciliation Service. If mutual selection cannot bc
made from the list received within five days, the parties shall select the arbitrator by
altemately striking names until only one name remains; that person shall serve as the
arbitrator. The party, which strikes the first name from the list of arbitrators, shall be
determined by a toss of a coin.
C. The cost of the arbitrator shall be borne by the City. Each party, however,
shall bear the cost of its presentation including preparation and post-hearing briefs, if
any, provided that witnesses necessary to the presentation of the employee's case shall be
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. April 24, 2006
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granted necessary time off without loss of payor benefits to appear at the arbitration
hearing.
D. Decisions of arbitrators on matters properly before them shall be final and
binding on the parties hereto to the extent permitted by law.
12.11 Burden of Proof. The City shall have the burden of proof at the disciplinary
hearing before the arbitrator and shall be required to prove the charges against the
employee by a preponderance of the evidence.
12.12 Subpoenas. The arbitrator may compel the attendance of witnesses and
testimony of witnesses and/or production of evidence by subpoena at any arbitration
hearing as provided in Section 3.15.090 of the Municipal Code.
12.13 No Right of Appeal for Reprimands. A Department Head may issue oral
or written reprimands of employees in his/her department and/or work group.
Notwithstanding any other provision in these Personnel Rules, there shall be no right of
appeal or grievance for oral or written reprimands.
SECI'ION 13: HOURS OF WORK, OvERTIME, AND PREMIuM PAY
13,01 Hours of Work. The workday and workweek will be in compliance with the
Memoranda of Understanding, where applicable, and state and federal laws, such as the
Fair Labor Standards Act.
13.02 Attendance. Employees shall be at their work in accordance with the rules
regarding hours of work, leaves, and related provisions. Failure on the part of an
employee to return to duty within 24 hours after notice to return when the employee has
been absent, may be cause for discharge.
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. April 24, 2006
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13.04 Timesheets, Employees shall accurately record all time worked on timesheets,
according to established procedures. An employee may not work time that is not
recorded or record time that is not actually worked. Employees may be required to
certify the accuracy of their time sheet. The City may establish different procedures for
employees exempt from the overtime provisions of the Fair Labor Standards Act.
13.05 Overtime. Overtime is discouraged. All overtime hours worked shall be
authorized in advance by the appropriate department head or designee specifically vested
with this authority. In accordance with policies established by the appointing authority,
department heads shall have the discretion to compensate overtime worked by either
salary payment or by compensatory time off as approved by law. Overtime requirements
do not apply to employees who are exempt from the overtime provisions of the Fair
Labor Standards Act.
13.06 Overtime Premium, Overtime premium will be paid to non-exempt employees
as provided under the applicable Memorandum of Understanding or City resolution. In
the absence of any other provision, overtime will be paid in compliance with the
minimum requirements of the Fair Labor Standards Act. Overtime premium does not
apply to employees who are exempt from the overtime provisions of the Fair Labor
Standards Act.
SECfION 14: COMPLAINT AND GRIEVANCE PROCEDURE
14,01. Purpose of Grievance Procedure. The grievance procedure shall be used to
resolve any complaint or dispute concerning the interpretation, application, or alleged
violation of:
.
Any provision of the applicable Memorandum of Understanding between
the City of Seal Beach ("City") and a recognized employee organization;
and
The City's Personnel Rules and Regulations where the provision in
dispute is within the scope of representation.
.
The grievance procedure shall not be used for:
.
The resolution of any grievance concerning provisions of the
Memorandum of Understanding which specifically provide that the
decision of any City official shall be final;
The resolution of any grievance for which an alternate or separate appeal
procedure has been provided;
The resolution of any grievance concerning any disciplinary action;
The resolution of any grievance concerning any aspect of the performance
evaluation process, except for grievances regarding deferred advancement;
or
The resolution of any grievance related to any concerted refusal to work.
.
.
.
.
Amended by Resolution No,
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. April 24, 2006
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14.02 Grievance Procedure
The general steps of the grievance procedure are as follows. Certain steps of this
procedure may be eliminated if the employee reports to a department director or if the
employee's second-line supervisor is the department director.
A, Informal Discussion of Grievance,
I. The employee informally discusses the matter with hislher
immediate supervisor within fifteen (IS) calendar days from the
date of the act, which generated the grievance. For purposes of
this rule, "immediate supervisor" is defined as the individual who
assigns, reviews, and directs the employee's work.
, 2. If the discussion between the employee and hislher immediate
supervisor does not satisfactorily resolve the grievance, the
employee shall have the right to discuss his/her grievance
informally with hislher supervisor's immediate supervisor.
3. If this discussion does not satisfactorily resolve the grievance, the
employee shall have the right to file a formal grievance.
B. Formal Grievance Procedure.
Provided that the employee's grievance was not satisfactorily resolved by
the informal grievance discussion, the following steps of the formal grievance procedure
shall be followed:
I. The employee shall have the right to prepare a formal, written
grievance within five (5) working days after the informal grievance
discussion with hislher immediate supervisor or the immediate
supervisor's supervisor. The formal, written grievance sha11
contain the following information:
. The employee's name;
. The name of the individual or organization, if any, designated as
the employee's representative in the processing of the grievance.
Under no circumstances sha11 an employee organization other than
the one that formally represents the position occupied by the
employee be designated as the employee's representative;
. The employee's department and specific work site;
. The name of the employee's immediate supervisor;
. The specific provision, policy, or procedure alleged to have
been violated;
. A specific description of the nature of the grievance, including
the date, place, and facts underlying the occurrence of the act that
generated the grievance;
. The employee's specific suggested solution to the grievance;
and
. The employee's signature.
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N8~1 -39-
2. The employee shall present hislher formal grievance to the
department director. The department director shall discuss the
grievance with the employee and/or hislher representative.
3. Within ten (10) working days after receipt of the formal grievance,
the department director shall render a written decision regarding its
merits, Failure of the department director to render a written
decision on the grievance constitutes a decision denying the
grievance.
4.
a. If the employee does not seek further review of the
grievance within five (5) working days after hislher receipt
of the department director's decision, the grievance shall be
considered resolved, and no further review of the subject
matter of the grievance shall be permitted.
b. Altematively, if the department director's decision does not
satisfactorily resolve the grievance, the employee may
present the formal grievance to the personnel officer or any
person designated by the personnel officer to serve as the
final reviewer of employee grievances.
4.
a. If the employee does not seek further review of the
grievance within five (5) working days after hislher receipt
of the department director's decision, the grievance shall be
considered resolved, and no further review of the subject
matter of the grievance shall be permitted.
b. Alternatively, if the department director's decision does not
satisfactorily resolve the grievance, the employee may
present the formal grievance to the personnel officer or any
person designated by the personnel officer to serve as the
final reviewer of employee grievances.
5. The personnel officer or hislher designate shall discuss the
grievance with the employee and/or the employee's representative.
6. Within fifteen (15) days after meeting with the employee and/or
the employee's representative, the personnel officer or his/her
designate shall render a written decision regarding the merits of the
grievance. The decision of the personnel officer or his/her
designate shall resolve the grievance, and no further review of the
subject matter of the grievance shall be permitted.
c. Time Limits.
1. Any time limit set forth above may be extended by mutual written
agreement between the City and the employee and/or the
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IIlI8568!I-l -40-
employee's designated representative in the processing of the
grievance.
2. Failure on the part of the employee and/or hislher designated
representative to comply with the prescribed time limits of this
procedure or any extensions shall constitute a withdrawal of the
grievance without further recourse.
3. Failure on the part of the City to comply with the prescribed time
limits of this procedure or any extensions shall result in
advancement to the next step of the grievance procedure.
D. Employee Rights.
I. The City shall not institute any reprisals against any employee or
any representative resulting from his/her use of the grievance
procedure.
2. An employee who submits a grievance, along with hislher
designated representative, may use a reasonable amount oftime
during working hours to prepare for and present the grievance.
Amended by Resolution No, . April 24, 2006
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SECTION 16: PRESENTATIONS RELATED TO GENERAL CONDITIONS OF EMPLOYMENT
16.01 Informal Groups and Individuals. Groups or units of employees that have not
formally organized and those that are not represented by a recognized employee
organization may consult with the City Manager or designate regarding terms and
conditions of employment. The City Manager will endeavor to solicit the views of such
employees prior to recommending significant changes in the applicable salary and
benefits resolution. Individual employees, upon their own initiative, may also provide
their views regarding general employment conditions to the City Manager or designate.
16.02 Formally Organized Groups. Employee organizations may make
presentations related to the terms and conditions of employment as provided under the
Meyers-Milias-Brown Act, commencing with Government Code Section 3500, and the
Public Employee Relations Ordinance of the City of Seal Beach, Seal Beach City Code
Section 16A. Individual employees may make presentations to the extent and as
provided by the Meyers-Milias-Brown Act.
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. April 24, 2006
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