HomeMy WebLinkAboutReso 07-17 Personnel Rules and RegsRESOLUTION NO. 07-17
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ESTABLISHING PERSONNEL RULES AND REGULATIONS AND
RESCINDING RESOLUTIONS NO. 46-745 34-839 127-89, 46-955 90-989 21-045 58-04, and 26=05.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay Municipal Code ("MBMC") Section 2.32.050 authorizes
the City Council to adopt and amend Personnel Rules and Regulations governing the
City of Morro Bay personnel system; and
WHEREAS, the Personnel Rules -and Regulations have not been
comprehensively reviewed or modified since 1983 and were last revised in 2005; and
WHEREAS, the Personnel Rules and Regulations should be updated to reflect
legislative and other changes agreed to since the last revision in 2005; and
WHEREAS, the City's recognized bargaining units, the Service Employees
International Union ("SEIU"), the Police Officers Association ("POA"), and the Morro Bay
Fire Fighters Association ("MBFFA") were provided copies of the proposed revisions,
with the offer to meet and confer; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Morro Bay does hereby adopt the attached Personnel Rules and Regulations to
facilitate efficient and economical services to the public and to provide for an equitable
system of personnel management; and
BE IT FURTHER RESOLVED that Resolutions No. 46-74, 34-83, 127-89, 46-95,
90-98, 21-047 58-04 and 26-05 are hereby rescinded.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 14th day of March, 2017, by the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SWANSON, City Clerk
-1-
IE L. IRONS, Mayor
PERSONNEL RULES AND REGULATIONS
CITY OF MORRO BAY
ADOPTED MARCH 14, 2017
RESOLUTION NO. 07-17
-TABLE OF CONTENTS -
SECTION PAGE
1. Merit Personnel System...........................................................................................2
2. Administrative Policy..............................................................................................3
3. Definition of Terms..................................................................................................4
4. General Provisions...................................................................................................9
5. Classification Plan.................................................................................................11
6. Compensation Plan................................................................................................13
7. Recruitment, Selection and Appointment..............................................................19
8. Employment Status................................................................................................27
9. Formal Performance Evaluations...........................................................................30
10. Leaves..................................:.................................................................................32
11. Attendance and Leaves..........................................................................................42
12. Grievance Procedures............................................................................................51
13. Transfer, Promotion, Demotion, Suspension, and Reinstatement .........................53
14. Separation from the Service...................................................................................55
15. Miscellaneous Rules..............................................................................................59
16. Training of Employees.....................................................................................:.....65
17. Report
sand Records..............................................................................................66
18. Disciplinary and Appeals Procedures....................................................................67
SECTION 1
MERIT PERSONNEL SYSTEM
A. Merit Personnel System Established.
1. Ey adopting this resolution, the City Council hereby establishes a civil service
system in accordance with the provisions of the Municipal Code Chapter 2.32.
2. The City Council intends that the personnel system will establish an equitable and
uniform procedure for dealing with personnel 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; and provide a
reasonable degree of security for qualified employees.
SECTION 2
ADMINISTRATIVE POLICY
A. Authority of City Manager
In accordance with Morro Bay Municipal Code Section 2.32, Personnel S sem, the City
Manager shall have general control and supervision over the affairs of the city; the authority
to establish, when not in conflict these Rules and Regulations, such other procedures as the
city manager deems necessary for the control and supervision of the affairs of the City; and
the power to appoint, to make transfers, promotions, demotions, reinstatements, and layoffs,
and to discipline City employees for whom the City Manager is the appointing authority.
The City Manager may delegate any of these powers and duties to any other employee of the
city.
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A. Definitions
SECTION 3
DEFINITION OF TERMS
The following terms whenever used in these rules shall be defined as
follows, unless a different meaning is clearly defined in a separate policy or rule:
Acting Appointment: unless otherwise provided in a current Memorandum of
Understanding, the temporary appointment of a probationary or regular employee to a
higher class or position occupied by a person on temporary leave, vacation, or disability,
or until an eligibility list can be created for a vacant position, during which, the appointed
employee performs all of the duties of the higher-level classification. A person in an
acting appointment shall not acquire regular status in such appointment and, at the end of
the acting appointment, will return to the classification from which they are appointed.
Advancement: a salary increase of one or more steps within the limits of the salary range
established for a class.
Allocation: the official assignment of a single position to its proper class in accordance
with the duties performed, and the authority and responsibilities exercised.
Anniversary Date: the first day of continuous service used to determine seniority and
benefit accrual rate for applicable benefits in accordance with the continuity of service
requirements of these Rules.
Applicant: an individual who has completed and submitted a written application for
employment with the City, unless otherwise permitted by the Human Resources Director
or his/her designated personnel officer.
Appointing Authority the City Manager, or designee(s), who, in their individual
capacities, have the final authority to make the appointment to or from a position in
accordance with the Municipal Code Chapter 2.32.
Appointment: the offer to and acceptance by a person of a position in the City service,
either on a regular or temporary basis.
At -Will: employees, including but not limited to probationary, temporary, provisional,
seasonal, contract, and Department Head employees, who do not hold "regular" status
and serve at the pleasure of the City without any right to future employment. An at -will
employee may be disciplined, or otherwise terminated, at any time without cause and
without the opportunity to an appeal or hearing.
B11 u//siness Daly: any calendar day exclusive of Saturdays, Sundays, and legal holidays as
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Calendar Day: a continuous twenty-four (24) hour period commencing at 12:00
Midnight. Any use of the terms "day" or "days" shall refer to calendar days.
Class (ClassificationZ a position or group of positions sufficiently similar in duties,
authority, and responsibility, to permit grouping under a common title and the equitable
application of common standards of selection, transfer, promotion and salary.
Class Specifications (Job Descriptions a written description of a class, setting forth
factors and conditions which are essential characteristics of positions in the class.
Compensation Plan: the assignment by the City Manager of salary ranges to each class,
normally established by Resolution.
Compensatory Time: time off work in lieu of monetary payment for overtime work.
Classified Service: all positions of employment in the competitive service of the City
except those specifically excluded by Municipal Code or these Rules.
Construction of Genders: for the purposes of these rules and regulations, the masculine
form of pronouns shall include the feminine and feminine forms of pronouns shall
include the masculine.
Continuous Service:
the employment without a break or interruption of service of an
employee in a probationary or regular status.
Demotion: the voluntary or involuntary reduction of a regular employee from a position
in one class to a position in another class having a lower maximum rate of pay, unless it
is part of a general plan to reduce salaries and wages or to eliminate position.
Discharge: the involuntary separation of an employee from City service.
Eligible:. a person whose name is on a current employment list.
Employee: an individual in the classified service who is legally employed by the City
and is compensated through the City payroll for services rendered, but not including
elected officials, members of boards or commissions, or a person under contract as an
independent contractor.
Eli ig bility (Employment)
List:
(a) Open eli ig bilit_y list: a list of names of persons who have taken an open
competitive examination for a class and have qualified.
(b) Promotional eligibility
a list of names of persons who have taken a
proiTiutioiiai cxaiiiiriatioii 1vT a Gass and Piave giiaiiiicd.
(c) Re-employment list: a list of names of qualified regular and probationary
employees who have been laid off.
5
Examination: any test or group of tests to determine the fitness and relative ability of
persons seeking employment or promotion in the classified service.
(a) Open -competitive examination: an examination for a particular class
which is open to all persons meeting the qualifications for the class.
(b) Promotional examination: an examination for a particular class, admission
to the examination being limited to regular and probationary employees in
the classified service who meet the qualifications for the class.
(c) Continuous examination: an open -competitive examination which is
administered periodically and as a result of which names are merged on an
eligibility list, in order of final scores, for a period of not more than one
year.
Full -Time Position: a position in the classified service of the City normally scheduled for
aA least 40 hours of work per week.
Human Resources Office: the office charged with monitoring compliance with these
rules and regulations. A personnel officer will carry out the day-to-day operations of the
human resources office and will be designated by the City Manager.
Immediate Family: spouse, registered domestic partner, children, biological, adopted,
foster, stepchild, ward, or child to whom the employee stands in loco parentis, regardless
of age or dependency, parents, brothers, sisters, grandparents, grandchildren of the
employee; and the corresponding relationships as required by law.
Leave: An approved absence from work as provided for by these rules.
May and Should: the use of "may" and "should" indicates the permissive nature of the
applicable provision.
Memorandum of Understanding: a separate agreement between recognized employee
representatives and the City concerning hours, working conditions, benefits and rates of
pay.
Municipal Code: The Municipal Code of the City of Morro Bay.
Must and Shall
the use of "must" and "shall" indicates the mandatory nature of the
applicable provision.
OUt-Gf-CiaSS ASST iuiieiit: the Si1Gi� teiiu perivriiianCe Gf the iuii range Gf duties Gf a
higher regular position in one classification by an individual in a position of lower
classification.
Part -Time Employee: an individual in a part-time position that is having fewer work
hours than the work week established for a full-time position in the class. A part-time
position may be temporary, regular, or provisional.
Personnel Board: the City Council shall act as the personnel board in accordance with
the Municipal Code Chapter 2.32 creating a personnel system for the City.
Position: a combination of duties and responsibilities assigned to a single employee and
performed on either a full-time or part-time basis.
Probationary Employee: an employee who has been appointed to a position but has not
completed the probationary period.
Probationary Period: a specified working test period during which an employee serves at
will (see Section 8).
Promotion: the movement of an employee from one class to another class resulting in a
salary increase (excluding reclassification) and having a higher maximum rate of pay.
Provisional Appointment: an appointment of a person who possesses the minimum
qualifications established for a particular class and who has been temporarily appointed
to a position in that class for a specified period in the absence of available eligibles,
pending an examination for said position. Provisional appointments may be terminated at
any time without notice or right of appeal and the appointee obtains no right or property
interest in the position to which he/she is provisionally appointed.
Reclassification: a change in classification of an individual position by raising it to a
higher salary range, reducing it to a lower salary range, or allocating it to another
classification at the same pay range, on the basis of significant and substantive changes in
the type or difficulty of duties and responsibilities in that position.
Reemployment: the appointment, as provided in these Rules, of a former employee who
wU3 laid -off.
Regular Employee: an employee who has successfully completed a probationary period
and has been retained as hereafter provided in these Rules.
Regular Position: a full-time or part
-time position that is individually authorized in the
budget and which is expected to exist indefinitely.
Reinstatement: the appointment, as provided in these Rules, of a former employee who
resigned in good standing, or an employee who was rejected during a promotional
r,r�bat�nn unless he �� discharged in a mane er ro
ncictent ���ith the �/li�nieipal (�'nrle and
Y�
these Rules.
7
Rejection: the involuntary separation from the City service of an employee who does not
successfully complete the probation period in a position and who did not have regular
status in another position in a different class; or, the return of an employee who did not
successfully complete the probation period in a position to another position in a different
class in which regular status was previously acquired.
Reprimand:
(a) Oral Warning: a verbal statement to an employee pointing out an
unsatisfactory element of job performance. An oral warning is intended to be corrective
or cautionary only and is not disciplinary in nature.
(b) Written Reprimand: A written notice to an employee with a copy to
his/her personnel file informing the employee of an action on his/her part which is the
cause for disciplinary action.
Resi_nag tion: the voluntary separation of an employee from the City service.
Salary Range: the minimum through maximum salary increments of a salary range.
Salary Rate: dollar amount of each step in a salary range or the flat dollar amount for a
class not having a salary range.
Salary Review Date: the date on which a probationary or regular employee is eligible, on
the basis of satisfactory job performance for a prescribed period, for a merit salary
advance within the salary range established for the class of position occupied.
Salary Steffi one or more specific salary rates having a percentage relationship to one
another, assigned to a class of positions as the compensation for that class.
Separation: a break in classified service without pay.
Suspension: the temporary separation from the classified service of an employee for
disciplinary purposes.
Temporary Position: a full-time or part-time position of fixed duration.
Termination: the separation of an employee from the City service because of retirement,
resignation, death or discharge.
Transfer: a change of an employee from one position to another position in the same
class or in another class having the same maximum salary rate, involving the
performance of basically similar duties and Yeq'.11rmg substantially
the game mmimum
qualifications.
Vacancy: an authorized position that is not occupied by an employee.
SECTION 4
GENERAL PROVISIONS
A. Purpose. These rules establish the personnel system for the City of Morro Bay. These
rules shall apply to all employees of the City of Morro Bay except those employees who
are specifically excluded herein.
B. Equal Employment Opportunity Employer. It is the City's policy to ensure equal
employment opportunity for all persons seeking employment or promotion to assure
equal employment opportunity based upon ability and fitness to all persons regardless of
race, religious creed, color, national origin, ancestry, sex, childbirth, breast-feeding, age,
physical or mental disability, medical condition, sexual orientation, marital status, gender
identity, gender expression, genetic characteristics or information, military or veteran's
status, and/or any other category protected by federal and/or state law.
Employees who believe they have experienced any form of employment discrimination
are encouraged to report this immediately using the complaint procedure provided in the
City's policy prohibiting harassment, discrimination, and retaliation.
C. Polic�gainst Harassment, Discrimination, and Retaliation. City policy prohibits
unlawful harassment and discrimination based on an employee's race, religious creed,
color, national origin, ancestry, sex, childbirth, breast-feeding, age, physical or mental
disability, medical condition, sexual orientation, marital status, gender identity, gender
expression, genetic characteristics or information, military or veteran status, and/or any
other category protected by federal and/or state law. In addition, City policy prohibits
retaliation because of the employee's opposition to a practice the employee reasonably
believes to constitute employment discrimination or harassment or because of the
employee's part
icipation in an employment investigation, proceeding, or hearing.
Employees who believe they have been harassed, discriminated against, or retaliated
against, should report that conduct to the City, and the City will investigate those
complaints. For more information regarding the policy and complaint procedures,
employees should review the City's policy against harassment, discrimination, and
retaliation.
D. Conflict with Collective Bar ag fining Agreements. If a provision of these rules conflicts
with any provision of an applicable Memorandum of Understanding ("MOU") entered
into by the City and a recognized employee organization, or Resolution of the City
Council establishing compensation and benefits for unrepresented employees
("Resolution"), to the extent of such conflict, the provision of the MOU or Resolution
shall be deemed controlling. City shall comply the provisions of Government Code
§3505 to meet with employee organizations.
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Department
epaiaIlei+ Rules and Regulations. S_u_LuJ:cU..+<
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y,
Department Heads may create rules and regulations more specific to the department's
operation. None of the department rules, regulations, or directives shall conflict with or
supersede any provisions of a Resolution adopted by the City Council, including but not
E
limited to the Personnel Rules and Regulations, or current Memorandum of
Understanding. In the event of any conflict, the same shall be resolved in favor of these
Rules and Regulations and/or bargaining agreement. All departmental rules and
regulations established by the Department Head shall be reviewed by Human Resources,
respect the meet and confer process and be approved by the City Manager.
F. Conditions of Emii WL 9 The tenure of every employee in the City service shall be
based upon continued satisfactory work performance, good conduct, continuing mental
and physical fitness for their position as determined by the appointing power, existence of
the need for the work performed, and the availability of funds. In accepting employment
with the City of Morro Bay, each employee agrees to be governed by and to comply with
these Rules and Regulations, the Morro Bay Ordinances and Resolutions, administrative
rules and procedures established by the City Manager pursuant thereto, and rules,
regulations and directives of the department in which the employee is employed.
Violation of the provisions of these rules shall be grounds for disciplinary actions, up to
and including dismissal.
G. Leal Residency of Employees and Applicants for Employ. Employment is open to
all qualified persons authorized to work in the United States. Authorization will be
determined upon an applicant's completion and submission of Department of Homeland
Security, U.S. Citizenship and Immigration Services Form I-9. Applicants who fail to
complete and submit Form I-9 will not be employed by the City.
H. Exceptions to -the Application of the Rules and Regulations. These rules establish the
City's personnel system for the classified service. Except as otherwise provided, these
rules shall apply to all City employees and positions except:
1. Elected officers;
2. The City Manager, City Attorney, and Department Heads;
3. Persons engaged under contract to supply expert, professional, technical, or other
services for a definite period of time;
4. Persons designated as volunteer, temporary, provisional or seasonal;
5. Appointed members of boards, commissions, or committees;
6. Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as extraordinary fire, flood, or earthquake which
threatens life or property;
7. Any position primarily funded under a state or federal employment program;
I. Non -Contract Provision. THESE RULES DO NOT CREATE ANY CONTRACT OF
EMPLOYMENT, EXPRESS OR IMPLIED, OR ANY RIGHTS IN THE NATURE OF
A CONTRACT.
10
SECTION 5
CLASSIFICATION PLAN
A. Preparation of the Classification Plan. The City Manager, or his/her assignee, shall
ascertain and record the duties and responsibilities of all positions in the City service and
develop a classification plan for all positions in the City service. The classification plan
shall consist of classes of positions defined by class specifications (or job descriptions)
and job titles. The classification plan shall be developed and maintained so that all
positions substantially similar with respect to duties, responsibilities, authority and
character of work are included within the same class, and that similar schedules of
compensation apply to all positions in the same class.
B. Class Specifications. A class specification, also referred to as a Job Description, shall be
a written record providing the title and definition of a class, a listing of illustrative
examples of duties to be performed, and the qualifications necessary for consideration for
appointment. Qualifications may be stated as a minimum that is acceptable or desirable,
and shall be revised as the need arises. A class specification may include other pertinent
information as deemed necessary by the City Manager.
All employees must be able to perform the essential functions of their job position, with
or without a reasonable accommodation, in accordance with the requisite class
specification and as provided in these rules and any other applicable City policies and
procedures.
Where a position requires an employee to drive either aCity-owned or privately -owned
vehicle on official City business, such employee must possess and maintain a current
certificate, license, permit or registration.
C. Interpretation of Class Specifications. Class specifications shall be descriptive and
explanatory, and not restrictive. They shall not be construed as limiting the assignment
of duties of any position, nor as limiting or modifying the power of appointing authority
to direct and control the work of employees under the appointing authority's supervision.
The use of a particular expression or an illustration as to duties should not be interpreted
to exclude others not mentioned that are of similar kind or level of responsibility.
Consideration should be given to the general duties, specific tasks, responsibilities,
qualifications desired and relation to other positions.
D. Official Use of Class Titles. A position shall be identifi
ed by class title in all official
personnel, accounting, budget, appropriation and financial records. Working job titles
may be used in the course of departmental routine to indicate authority, status in the
organization, or administrative rank
E. AriieT'idiiient aiid DeVisioii of Dlaii. Tiii. City Tviaiiager has the power aiid aiithoritj' to
prepare, modify, and amend the classification plan, including but not limited to creating
new classes or adjusting, dividing, combining, or abolishing existing classes, when, in the
judgment of the City Manager, such modifications or amendments are in the best interest
11
of the City. The plan, or any subsequent revisions, shall become effective on the date
when approved by the City Council.
The Human Resources Department, on its own initiative or upon a request from a
Department Head, may initiate and conduct studies of any classified position to
determine the position's proper classification, including whether to create a new class.
This study may include access to department records, consultation with employees and/or
supervisors regarding duties, functions and responsibilities of the position, and the
collection of such other information believed necessary for making a decision.
F. Filling New Positions. When a new position is needed, the Department Head shall notify
City Manager, who will, in turn, notify the Human Resources, who will create the
position or may amend the classification plan, as necessary.
G. Reclassification. Human Resources shall recommend to the City Manager
reclassification of any position(s) he or she determines to be improperly classified. Upon
the approval of the City Manager of such reclassification and availability of funding,
Human Resources shall allocate the position to the proper class. Such reclassification
shall not be used for purposes of circumventing restrictions concerning demotions and
promotions.
H. Status of Incumbents in Reclassified Positions. Whenever reclassification occurs, an
employee occupying the position may be retained in the position after it has been
reclassified without further competitive examination when:
1. The reclassification results from an official recognition of a change in duties and
responsibilities which has already occurred for a significant period of time; and
2. The changed duties and responsibilities justifying allocation to a different
classification have taken place during the employment of the present incumbent in
such position and were not the result of planned management action; and
3. The incumbent possesses the knowledge, skills and abilities required of the
different class.
I. Request for Reclassification. When a Department Head believes a position is not
properly classified due to a significant change in duties, functions and responsibilities, the
Department Head may request that a position classification study be initiated by Human
Resources for the position in question.
J. Request for New Classification. A Depart
ment Head, when requesting a new
classification to be created, shall provide Human Resources with information pertinent to
the caspeaionlssfts.
12
SECTION 6
COMPENSATION PEAN
A. Preparation of Plan. Human Resources shall prepare a salary plan covering all classes in
the classified service, as directed by the City Manager. Human Resources or the person
or agency employed for that purpose shall thereafter make such further studies of the
salary plan as may be requested by the City Manager.
B. Adoption of Plan. The plan shall be adopted and maybe amended from time to time by
resolution of the City Council. No position shall be assigned a salary not in conformance
with the salary plan unless the salary range for the class is amended in the same manner
as provided for its adoption.
C. Application of Rates. Classified service employees shall be assigned to a pay range and
salary steps, or an hourly rate. New employees shall be paid at Step 1 or the minimum
rate, if provided, upon original appointment. However, the City Manager may authorize
original appointment or reinstatement at another rate, up to and including the 5th step of
the salary range.
L Full-time Regular, Probationary, and Acting Appointment. All pay rates shall be
fixed on the basis of full-time positions, unless otherwise designated, and
compensated at a monthly rate, paid bi-weekly.
2. Other Appointments. An employee in any other type of appointment, including
but not limited to temporary or seasonal service, may be compensated at any rate
established for the class, including an hourly rate, paid bi-weekly. If a monthly
rate is established for the position, the hourly rate will be computed by dividing
the monthly rate by 173.33.
D. Continuity of Service Requirements. Continuous service, as required for advancement
within salary ranges and for other purposes specified in these rules, is defined as City
employment on a probationary, regular, or acting appointment basis without break or
interruption.
Authorized leaves of absence without pay of thirt
y (30) calendar days or less and leaves
of absence with pay for any period shall not constitute a break in continuous service and
shall not be deducted from total City service. Authorized leaves of absence without pay
in excess of thirty (30) calendar days shall not count towards total City service for merit
advancement in salary range or for other purposes specified in these rules, and the
employee's salary review date shall be set forward a period of time equal to the
employee's total absence.
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E. Salary Review Dates. A salary review date is established as the effective date of
employment and sets the date upon which employees shall next be eligible for
13
consideration of a merit step increase. For employees starting at Step 1, this is six
months after date of hire, if performance is meeting expectations. Thereafter, it is every
year. However, any approved leaves of absence without pay, exceeding thirty (30)
calendar days, will set forward the review date a number of calendar days corresponding
with the days of authorized leave in excess of thirty (30) calendar days.
If employee starts employment at a step greater than Step 1, the salary review date is one
year after the date of hire.
Salary adjustments, such as merit increases and promotions, shall be made at the start of
the next pay period following the employee's salary review date, unless otherwise
authorized by the City Manager. Any delayed merit increases will extend the salary
review date for the next eligible salary increase correspondingly, unless otherwise stated
in MOUS or Agreements.
F. Merit Salary Increases. Department Heads may recommend a merit salary increase on an
employee's salary review date (see E above). Recommendations may only be made for
full- and part-time regular or probationary employees, who have demonstrated
appropriate standards of work performance. Merit increases may be recommended to the
next highest step in the salary range for the classification. Human Resources may
approve the recommendation, and processes all approved merit increases. No salary
advancement shall be made so as to exceed any maximum rate established in the plan for
the class to which the employee's position is allocated. All merit salary increases are to
be approved by the City Manager, or his/her designee.
Merit salary increases are not automatic. They are made only after the Department Head
recommends, and Human Resources approves, the merit salary increase, based on the
increased service value of an employee to the City, as documented in performance
evaluations by the Department, or other pertinent evidence.
The Steps 1 — 5 (6 for Police) are further described below:
1. Step 1 is the minimum rate, and is normally the hiring rate of the class, with the
employee remaining in this step during the one-year probationary period. In the case
where a person of unusual qualifications is engaged, the personnel officer may
authorize hiring at an appropriate step within the established salary range.
2. Step 2 is an incentive adjustment, to reward an employee for the quality of his/her
work. An employee is eligible for this step after 6 months of service, and has
received a "meets" or "exceeds standards" in his/her performance evaluation, or has
unusual qualifications or has demonstrated the same to be eligible for this step. An
employee, hired into this step, is not eligible for a merit increase until 12 months of
service.
3. Step 3 is avv'arded to ars employee, who has provers to be ally quails ed, experiericed
and conscientious. An employee is eligible for this step after one year at the
preceding step, and has received a "meets" or "exceeds standards" in his/her
performance evaluation. An employee, hired into this step, is not eligible for a merit
increase until 12 months of service.
4. Step 4 is awarded to an employee, whose job performance clearly "meets" or
"exceeds standards." An employee is eligible for this step after one year of service at
the preceding stop. An employee, hired into this step, is not eligible for a merit
increase until 12 months of service.
5. Step 5 is awarded to an employee, whose job performance clearly "meets" or
"exceeds standards" on a sustained basis. An employee is eligible for this step after
one year of service at the preceding step.
Step 6 (Police Safety only) is awarded to an employee, who job performance clearly
"exceed standards" on a sustained basis. An employee is eligible for this step after
two years of service at the preceding step.
I Other Salary Provisions. Other salary adjustments will include:
1. Special Salary Adjustments. Notwithstanding anything in these rules to -the
contrary, to correct gross inequities or to reward outstanding achievement and
performance, upon recommendation of the Department Head, the City Manager
may adjust the salary rate of an incumbent of a particular position to any step
within the salary range for that class.
A step increase may be withheld if the employee is not consistently meeting or
exceeding standards for this classification. It may be withdrawn, when an
employee's job performance fails to maintain a "meets" or "exceeds standards"
on a sustained basis.
2. Salary on Promotion. An employee who is promoted in accordance with these
rules shall be placed at Step 1 of the new salary range or at a step of the new
range which is approximately five (5) percent higher than the employee's
previous base salary; but, in no case shall the employee be compensated above the
top step of the new salary range. The promotion shall establish a new salary
review date for the employee and the employee shall serve a new probation period
established for the position. Employees receiving acting pay based on a
temporary assignment are not considered to have received a promotion, and this
section therefore does not apply.
3. Salary on Demotion. Any employee who volunteers demotion or is involuntarily
demoted shall not be required to serve a new probationary period, shall establish a
new salary review date, and shall have their salary set at the salary step in the
range for the lower class for which they qualify, as recommended by the
Department Head and approved by Human Resources.
upon rile deiiiOtioii of any empioj%ee to a Class with a lower iiiaxiiiiUiii Saiaiy, rile
employee shall be assigned to a salary step in the lower pay range as follows:
15
i. If the demotion is involuntary or disciplinary, the employee may be
assigned to any designated step in the pay range for the lower class which
is at least one step less than the dollar amount received in the pay range
for the class from which demoted.
ii. If the demotion is a voluntary demotion, the employee shall be assigned to
that salary step in the new pay range so as to receive the same salary
he/she was receiving in the old range. If the same salary is not a step in
the new range, he/she shall be placed on such step of the new range as to
receive the nearest lower salary. The employee's previous personnel
action date shall be retained.
4. Salary on Transfer. Any employee who is transferred shall continue to receive the
same salary rate and their salary review date shall not change.
5. Salary on Chane in Range Assignment:
i. Salar�Range Increase. With the approval of City Manager, or his/her
designee, whenever a class is reassigned to a higher salary range, the
salary of each incumbent on the effective date shall be increased to the
corresponding step in the new range and their salary review date shall not
change.
ii. Salary Range Decrease. Whenever a class is reassigned a lower salary
range, the salary of each incumbent on the effective date shall be set at the
same salary rate that they were receiving in the former range, providing it
does not exceed the maximum salary rate of the new range, and their
salary review date shall not change. If the present salary is between steps
of the new range, the employee shall be placed on the step of the new
range next higher than the present salary.
H. Acting Appointment. The City may temporarily appoint a probationary or regular employee
to a higher class or position occupied by a person on temporary leave, vacation, or disability,
or until an eligibility list can be created for a vacant position. The acting appointment may
be made when the demands of the service are such that it is not practical to leave the position
vacant and organizational constraints preclude filling the position in a timely manner. Upon
the return
of the incumbent or when the position is filled through appointment, the acting
appointment shall be immediately terminated and the appointee shall resume the duties,
compensation, and privileges of their regular classification.
1. Acting appointments may be made by the City Manager, or his/her designee only,
provided that:
i. The employee is assigned to and actually performs all of the duties of
the higher-level classification.
ii. The employee is required to perform the duties of the higher-level
classification for more than thirty (30) consecutive days. At that time,
his/her Department Head may, with prior approval of the City Manager,
make an acting appointment. The effective date of the acting
appointment shall be the first day the employee began to perform the
higher-level classification's duties.
Acting appointments are of a limited duration and will not exceed six (6)
months. One six-month extension of an acting appointment may be
made upon the request of the Department Head and the City Manager's
approval.
2. Salary Increase following Acting Appointment. A one-step increase within the
employee's current classification salary range shall be granted in accordance with
the provisions of this Section. In the absence of available steps within their
current range to be placed, the employee shall be granted a five percent (5%)
increase above their current base salary.
3. If an employee believes they are performing work which is outside of the work
normally assigned to their class, they may submit a request to Human Resources,
thru their Department Head, that a reclassification study be performed.
4. Upon termination of the acting appointment, the employee shall be returned to the
salary of his/her former position as though the special adjustment had not
occurred. A person in an acting appointment shall not acquire regular status in
such appointment. The merit system status and classification title for employees
serving in an acting appointment capacity shall remain unchanged during the
appointment.
I. Out -of --Class Assignment. With City Manager approval, an employee who is temporarily
directed by his or her supervisor or Department Head in writing to serve in a regular,
higher position will be compensated at a higher rate of pay in accordance with the
following:
1. To be eligible for the additional compensation, the employee of
assume the full
range of duties and responsibilities of the higher-level classification. Once these
qualifications are satisfied, no additional requalification will be required.
2. Temporary assignments out -of --class shall be recorded only in full -shift units,
unless approved by the City Manager or otherwise stated in an applicable
Memorandum of Understanding. For example, out -of -class pay may be
considered when an employee is performing the full range of duties for half shifts
i + A �+ 1 + +1�T�
V1 more, or VV"rk on a spCCiuc pro�CC�, lvl a periou of a� east ul een Conseeu�iv�
days.
17
3. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.
4. An employee who has qualified under these provisions will be compensated at the
minimum rate established for the higher class for each completed work shift
served in the higher class after thirty (30) shifts, or approved specific project with
duration of less than thirty (30) days, has been completed. In the event of
overlapping salary ranges, a one-step differential shall be paid out for out -of -class
assignments. The higher rate of pay shall be used in computing overtime when
authorized overtime is served in a non-exempt, out -of --class work assignment.
SECTION 7
RECRUITMENT, SELECTION AND APPOINTMENT
A. Recruitment. Applicants for positions with the City shall be recruited to obtain
qualified candidates for employment. Recruitment and selection procedures shall be
designed to measure the job-related qualifications of applicants.
B. Job Announcements: The City shall prepare recrung notices to publicize vacancies
and to attract qualified candidates for vacant or anticipated positions. All
examinations for positions in the City service should be publicized by such methods
as the City Manager deems appropriate. Job announcements should include:
1. Class title and pay for the position;
2. A statement that the City is an equal opportunity employer;
3. The nature of the work to be performed, including major job responsibilities;
4. The minimum and desired qualifications;
5. Whether the position is at -will or regular;
6. The time and place of examination, if known;
7. The method of applying;
8. The closing date for application, if one is established;
9. Whether a medical and/or psychological examination, including a drug screen,
will be required, post -offer of employment;
10. Such other information as desirable in the discretion of Human Resources, or
designee.
C. Application Forms: Application for employment shall be made either through the
official City website or on an official application form available in the Human
Resources Office or City Hall. Every application must be signed by the applicant,
who must attest to the accuracy of the information contained in the application.
Falsification of information contained in the application, or the failure to submit
complete information may be reason for rejection of the application; or, if hired,
disciplinary action, including discharge, regardless of when the falsification or
omission is discovered. The City may refuse to process an application that is not
completed, references a resume in lieu of filling out the application, is illegible or not
signed.
D. References: The City may contact former supervisors, employers, and personal refer-
ences provided by applicants. All reference information shall be handled on a
confidential basis.
E. Disqualifications: The appointing authority may, at any time, remove from furt
her
consideration any applicant if the applicant:
1. Has lila e la1JG sAa.LG111G11LJ orally lila Lerial laLAI or prac lce ally Ul�IJIJ�J L1 V11 or
fraud on the application, declarations or in securing eligibility or appointment;
19
2. Is found to lack any of the requirements, certifications, or qualifications for
the position involved;
3. Is incapable of performing the essential functions and duties of the job, with
or without reasonable accommodation, to which the applicant seeks
appointment;
4. Was under the influence of alcohol or illegal controlled substances on the job
or is using a prescription medicine in a manner which is illegal, or otherwise
violates the Drug -Free Workplace Policy;
5. Is a relative of an employee and subject to the Nepotism Policy in these rules;
6. Used or attempted to use political pressure or bribery to secure an advantage
in the examination or appointment;
7. Directly or indirectly obtained information regarding examinations;
8. Refuses to execute the Oath of Office;
9. Failed to submit the employment application correctly or within the prescribed
time limits, or submitted an incomplete application to the personnel office
within the prescribed filing date;
10. Has had his or her privilege to operate a motor vehicle in the State of
California suspended or revoked, if driving is job related;
11. For any material cause which in the judgment of the personnel officer or
designee would render the applicant unsuitable for the position, which may
include dismissal from any position for any cause which would be cause for
dismissal by the City, a prior resignation from a position in order to avoid
dismissal, termination from the city, or information from reference or
background checks of the applicant indicating probable unfitness.
12. For law enforcement applicants, applicant does not meet recommended or
required job dimensions established by the Peace Officer Standards and
Training (P.O.S.T.).
F. Criminal Conduct - Ineli ig bility for Employ: Conviction, including pleas of
guilty and nolo contendeNe, of a felony or of any misdemeanor which evidences
moral turpitude or unfitness for employment on the part of the applicant may be
grounds for rejecting the applicant or removing the name of an eligible from any
ciiipioyiiicrit list.
1. The City will first, determine whether an
applicant meets the minimum
employment qualifications before asking the applicant to disclose information
20
concerning his or her conviction history or conducting a conviction history
background check. The City shall then conduct an individualized, case-by-
case analysis of the facts of each applicant's criminal history before making a
decision regarding their employment.
2. This section shall not apply to positions for which the City is required by law
to conduct a conviction history background check.
G. Selection Process:
1. Examination Process: The selection techniques used in the examination
process shall be impartial and shall relate to those subjects which fairly
measure the relative abilities of the individuals examined to execute the duties
and responsibilities of the class or position to which they seek to be appointed,
or whether they can perform a job function without posing a direct threat to
health or safety. Examination techniques may include: written tests, personal
interviews, performance tests, physical agility tests, psychological
examination, background investigation, evaluation of daily work performance,
work samples, medical tests and/or alcohol and drug tests for certain
classifications, successful completion of prescribed training, or any
combination of these or other tests. No medical, physical, and/or
psychological examination will be conducted before making a conditional
offer of employment to the applicant. All new and returning employees may
be fingerprinted for Department of Justice clearance. The probationary period
shall be considered as part of the examination process.
In the event there are a large number of qualified applicants, the personnel
officer may rank, for qualifying purposes only, the applications submitted on
the basis of the applicants' experience, education, training, and work history
as related to the particular position, and may choose a suitable number of
applications whom he/she determines would best fill the position. The chosen
applicants shall then be given further examination in order to obtain a score
and ranking on the eligible list.
2. Scoring and Quali-RA"
g Grade: Failure in one part of the examination, or to
meet established standards described in the job announcement, may be
grounds for declaring such applicant as failing in the entire examination or as
disqualified for subsequent parts of an examination. A candidate's final score
in a given examination (if a scoring process is used) should be the average of
the scores on each competitive part of the examination on which the applicant
qualified, weighted as shown in the examination announcement. The
personnel officer may designate any part of the examination as qualifying
only and no numerical ���eight need be assigned to passing scores on s'aeh
part.
21
3. Eligible List: After completion of an open or promotional examination, the
personnel officer or designee shall prepare an eligible list consisting of the
names of candidates who passed the examination, arrange in order of final
score, from the highest to the lowest. Notwithstanding any other provision of
these rules, if there are less than three (3) names on an eligible list, the
personnel officer or designee may declare such list void and fill the position(s)
by any method permitted by the Rules, including, but not limited to recruiting
and testing procedures. Eligible lists shall become effective upon the
certification by the personnel officer or designee.
4. Eligible List Duration: Eligible lists should remain in effect twelve months,
unless the list is exhausted or extended by the personnel officer or designee
provided, however, that eligible lists for classes for which there is continuous
recruitment shall remain in effect indefinitely. The personnel officer or
designee may declare such list void or extend the list at any time prior to the
expiration of the list if he or she determines that it is in the best interest of the
City to do so.
5. Removal of Name: The name of any person appearing on an eligible list shall
be removed by the personnel officer or designee if the eligible so requests in
writing, or fails to respond to a notification of an opening from the personnel
officer or designee. It shall be the responsibility of the eligible to keep the
human resources office informed of their current address and telephone
number.
6. Promotional Examinations. Promotional examinations may be conducted
whenever, in the opinion of the City Manager, the needs of the City require
them. Only qualified applicants who meet the requirements set forth in the
promotional examination announcements may compete in promotional
examinations.
H. Method of Filling Vacancies. All vacancies in the classified service may be filled by
re-employment, reinstatement, transfer, demotion, promotion, lateral entry,
appointment of hourly employees, or appointment from established eligible lists, if
available. In the absence of persons eligible in such manner, provisional, acting or
temporary appointments may be made. The City Manager or designee shall decide in
what manner the vacancy is to be filled. The City Manager or designee may appoint
any qualified individual.
I. Appointment: After an interview and background investigation, the Depart
ment
Head shall make a recommendation to the City Manager for appointment from among
those eligible, and, if approved by the City Manager, shall immediately notify the
human resources office of the appointment. An individual accepting an appointment
shall report to the City on or before the date of appointment. If a candidate accepts an
appointment and reports for duty at the time prescribed by the City Manager, the
22
candidate shall be considered appointed; otherwise, the candidate shall be deemed to
have declined the appointment.
J. Types of Appointments. Employment in the City service is divided into the following
categories:
1. Actinr Appointment
2. At -will or unclassified
3. Emer ency Employ: Appointments) made by the City Manager as may be
needed for the period of an emergency, to meet the requirements of an
emergency condition which threatens life, property, or the general welfare of
the City without regard to these Rules. Emergency employees are at -will and
do not enjoy the same rights as regular employees.
4. Exempt Employee: An employee exempt from the overtime payment
requirements of the Federal Fair Labor Standards Act.
5. Probationary: An at -will appointment for a set period of time that may lead to
a regular appointment.
6. Provisional Appointment: The appointment of a person who possesses the
minimum qualifications established for a particular position in the absence of
available certified eligibles. Normally a provisional appointment shall not
exceed six (6) months; however, the City Manager may extend the length of a
provisional appointment when he/she determines such appointment is in the
best interest of the city. A provisional appointment may be terminated at any
time, without notice, and without the right of appeal or hearing. A provisional
appointee obtains no right or property interest in the position to which the
employee is provisionally appointed. Except as expressly authorized in these
Rules, provisional appointees are not entitled to the benefits provided for in
these Rules unless authorized by the appointing authority.
7. Full -Time Regular Emplo.�: An employee in the classified service who has
successfully completed the probationary period, who is assigned to an
authorized position and who is regularly scheduled to work the full workweek
as established by the appointing authority.
8. Part
-Time Regular Employee: An employee in the classified service who has
successfully completed the probationary period and who is assigned to an
authorized budgeted position requiring a minimum of twenty (20) hours of
1 , h D ,.+ +;,� Ioye0 entitled W
VVOIK per weeK oil a regular DUSTS. i\.eguiar pais-LuuC eiiipivy%.w are eii�iu�u w
the benefits provided for in these Rules on a pro -rated basis.
23
9. Reinstatement: The re-employment without examination of a former regular
employee within twelve (12) months of the last day of employment to a
position in which the employee formerly served. Reinstatement shall be at the
discretion of the City Manager. (See Section 8.)
10. Student Interns: Appointments made for the purpose of affording students
participating in a career development program an educational opportunity to
gain actual work experience. Student appointments may or may not be paid,
shall not earn vacation, sick leave, or other benefits unless otherwise required
by law.
11. Temporar.�ployee: An employee hired on a temporary basis. Except as
expressly authorized in these Rules, temporary employees are not entitled to
the benefits provided for in these Rules. They serve at -will, and may be
terminated without cause or right of appeal.
12. Retired Annuitant: A retired annuitant is defined as a Ca1PERS retiree,
whether a former City employee or not, who has return
ed to work with the
City while remaining a retiree. A retired annuitant may serve without
reinstatement from retirement or loss or interruptions of benefits provided by
Ca1PERS upon appointment by the appointing power. Retired annuitants
must comply with the work restrictions established by law without exception.
13. Volunteer:
a.A volunteer is an individual who performs service for the City for
civic, charitable, or humanitarian reasons, and without promise,
expectation or receipt of remuneration or compensation for services
rendered. Volunteers shall meet all of the criteria set forth in the Fair
Labor Standards Act, 29 U.S.C. §203(e)(4)(a), and applicable
Department %J Labor Regulations, 29 C.F.R. §§553.100 et sec .
b.Except as provided herein, these Rules do not apply to volunteers.
c. Volunteers serve at -will and at the pleasure of the City Manager or
individual Department Heads. Volunteers do not acquire any right or
interest, including, but not limited to any property right or interest, in
their assignment, position or task. Accordingly, volunteers may be
terminated from their assignment, position or task with the City at any
time, without notice and without cause.
d.Nothing
contained in these Rules shall be interpreted to change the at -
will nature of the relationship between a volunteer and the city.
24
K. Nepotism.
1. For purposes of this section, a "relative" shall be defined as a son, daughter,
brother, sister, parent, grandparent or grandchild, aunt, uncle, niece, nephew,
spouse, registered domestic partner, or a person sharing the same
household/cohabitating (in a marriage -like relationship). Half -relatives, step -
relatives, adopted relatives, domestic partners as defined by State law, and in-
laws are included in these restrictions.
2. The City retains the right to refuse to hire or promote a person to a position in
any department in which such person's relative by blood or marriage within
the third degree already holds a position, when such employment would result
in any of the following:
a. Asupervisor-subordinate relationship;
b. The employee sharing job duties that require performance of shared
duties on the same or related work assignment;
c. Both employees having the same immediate supervisor.
d. A potential for creating an adverse impact on supervision, safety,
security, morale or efficiency that is greater for relatives than for
unrelated persons.
3. If a City employee marries another person employed by the City within the
same department, both employees shall be allowed to retain their respective
positions provided a supervisory relationship does not exist between the
couple. During the period of employment, no supervisory position shall exist
between the two employees. For purpose of this section, a supervisory
relationship shall be defined as one in which one person exercises the right to
control, direct, evaluate, reward or discipline another person by virtue of the
duties and responsibilities assigned to his or her position.
4. The City also retains the right to transfer one or both spouses in the same
department, division or facility where such has the potential for creating
adverse impact on supervision, safety, security or morale or involves potential
conflicts of interest. Where the circumstances mandate that two spouses shall
not work together, the human resources office will attempt to transfer one
spouse to a similar position in another City department. Although the wishes
of the involved parties as to which spouse is to be transferred will be given
consideration by the city, the City maintains full discretion to make the
deLellljlllQ.tloll. if ally s1Uwl tall resl.11ts lit a redi.ictloil 111 salary Vr
compensation, the same shall not be considered disciplinary in nature and
shall not be the subject of any form of administrative appeal.
25
5. If continuing employment of two spouses cannot be accommodated consistent
with the city's interest in promotion of safety, security, morale and efficiency,
then the City retains sole discretion to separate one spouse from City
employment. Absent resignation by one affected spouse, the less senior of the
involved spouses will be subject to separation and the same shall not
constitute discipline and shall not be subject to any administrative appeal.
L. Pertinent Documents or Evidence: Each person appointed to a position in the
classified service may be required to provide and/or sign certain documents such as:
Oath of Office, birth certificate, fingerprints, automobile operator's license, high
school diploma, education transcripts, technical certifications, military discharge
papers, and waivers.
SECTION 8
EMPLOYMENT STATUS
A. Probationarniployment: The probationary period shall be regarded as part of the
testing and selection process, and shall be utilized for closely observing the
employee's work, for facilitating the effective adjustment of the employee to his/her
position, and for rejecting any probationary employee.
1. All original and promotional appointments are tentative and subject to a
probationary period. Original appointments are subject to a probationary
period of twelve (12) months actual and continuous service. However, all
sworn personnel in the Fire Fighter classifications shall serve an eighteen (18)
month probationary period of actual and continuous service. The end of the
probationary period shall coincide with the end of the payroll period after the
employee's probationary twelve or eighteen -month probationary period.
2. The probationary period shall not include the time served under any interim,
extra help, emergency, out -of -class, or acting appointment, and shall begin on
the effective date of appointment to a regular position.
3. The probationary period is automatically extended by the length of any
authorized unpaid leave(s) of absence of thirty (3 0) working days or more
(consecutive or not).
4. Probationary employees will be evaluated at least twice during their probation
period. Sworn police and fire employees will be evaluated at least three times
during their probation period.
Nothing contained herein shall preclude additional evaluations during the
probationary period as deemed appropriate by Lite appointing authority.
5. A probationary period may be extended for asix-month period, at the
discretion of the City Manager.
B. Promotion: Vacancies may be fi
lled by promotion from within City service with or
without a promotional examination. A vacancy maybe filled by an open competitive
examination instead of a promotional examination if so determined by the City
Manager.
C. Probation After Promotion: On accepting a promotion, an employee serves a new
probationary period of six (6) months of actual and continuous service, subject to the
rules described herein. On accepting a promotion, safety employees serve a new
probat1o11"Iy Fe11 of tvv'eive (12) months Vx anitUal and VoXIUIn Uo Uo .tier vice, subject
to the rules described herein.
An employee does not acquire regular status in the promotional position until the
27
successful completion of this probationary period and may be rejected without right
of appeal or hearing. If the employee is rejected during the promotional probation
period, the employee shall be reinstated to the position held prior to promotion at the
range and step held prior to promotion if there is a vacancy in the prior position,
unless he or she is discharged from City service in addition to the rejection. If there is
no vacancy, the employee may be assigned to a vacant position for which the
employee is qualified and which is nearest the employee's prior pay range.
D. Re -Employment: The names of regular employees who have been laid off or who
have exhausted all leave time and are medically unable to return to work shall be
placed on a re-employment list in the order of their seniority in the classification from
highest to lowest. Such names shall remain thereon for a period of one (1) year
unless such persons are sooner re-employed. As a vacancy within the classification
becomes available, the name appearing at the top of the list shall be selected to fill the
vacancy. An employee who is selected from the list to fill the vacancy, who refuses
the assignment, shall be removed from the list without right of appeal.
Employees who are demoted as a result of a layoff shall have their names placed on a
classification re-employment list, in order of their classification seniority. Vacant
positions within a classification series shall be first offered to employees on this list.
Employees who are reemployed within six -months in a classification other than the
classification held prior to layoff shall be subject to a new probationary period. All
reemployed employees shall retain their previous action date, which may be adjusted
to account for time of separation, and are entitled to any benefits accrued during prior
employment with the City, provided they were not previously compensated for the
earlier accrued benefits.
No laid off employee has a right to reemployment. Reemployment shall be
determined in accordance with the needs of the City.
E. Reinstatement: Separated employees, not laid off and not currently on a
reemployment list may, with the approval of the City Manager, be reinstated within
six (6) months of the effective date of resignation to a vacant position in the same or
comparable class, provided they meet the minimum qualifications for the
classification. Regular employees who successfully completed the relative proba-
tionary service for their classification and who separate with a satisfactory
employment record are eligible for reinstatement.
Reinstated employees shall complete any probationary period associated with the new
position. An employee reinstating within 6 months of the last day of employment
may begin accruing vacation at the rate that he/she was accumulating prior to
separutior�. The ti�i�e in that rate yr Poses
of calculating an increase �n vacation.
accrual rate will begin on the date of rehire. No other credit for former employment
shall be granted in computing salary, sick leave, or other benefits.
m
No separated employee has a right to reinstatement. Reinstatement shall be
determined in accordance with the needs of the City, and at the sole discretion of the
City Manager.
F. Rejection During Initial Probation: During the probationary period, an employee may
be rejected at any time without cause and without the right of appeal.
G. Relief of Duty: Relief of duty is the temporary assignment of an employee to a status
of leave with pay. Relief of Duty may be used while investigating alleged
misconduct by an employee.
H. Demotion: Upon request of the employee, and with approval of the City Manager, an
employee who has not held status in a lower classification may be allowed to
voluntarily demote to a vacant authorized position in the same department if he/she
meets all the requirements of the lower position as determined by the appointing
authority. All employees who are demoted under this paragraph will be paid at the
rate of pay consistent with the City's Compensation Plan, unless it is part of a general
plan to reduce salaries and wages or to eliminate positions.
I. Transfer: No person shall be transferred to a position for which that person does not
possess the minimum qualifications unless waived by the City Manager. The City
Manager may transfer an employee at any time from one position to another. If a
transfer involves a change from one department to another, both Department Heads
must consent thereto unless the City Manager orders the transfer. In the case of the
transfer of an employee from one position to another in the same class, or to another
class to which the same salary range is applicable, the employee shall remain at the
same salary step and retain the employee's original anniversary date. Transfers are
not to be considered disciplinary actions. Transfer shall not be used to effectuate a
promotion, demotion, advancement, or reduction, each of which may be
accomplished only as provided in these Rules.
J. Voluntary Transfer: A regular employee may request a transfer to a vacant position
in the same or lower classification for which the employee is qualified. With the
approval of the Department Head for whom the employee currently works, the
Department Head for whom the employee wishes to work, and the appointing
authority, the employee will be transferred to the new position. If the transfer is to a
position in a class with a lower salary range, the employee shall be placed in the
highest step in the lower salary range, which does not represent a salary increase.
K. Lay -Offs and Seniority: The Lay -Off and Seniority Policy is set fort
h in Section 14
(B).
29
SECTION 9
FORMAL PERFORMANCE EVALUATIONS
A. Evaluation Procedure. Managers and supervisors observe employees' performance and
conduct every day, and should use their observations during the formal performance
evaluation. In accordance with procedures and on forms provided by Human Resources
for that purpose, supervisors shall evaluate, record, and report the performance of their
employees such that:
1. Probationary employees shall be evaluated throughout the period of probation as
provided in Section 8 above;
2. Regular employees shall be formally evaluated at least annually by the
individual's salary review date, and a report filed with Human Resources to
record such evaluation; and
3. As deemed desirable or necessary by the appointing authority, additional written
evaluations of performance may be conducted at any time during the period of
employment.
It is crucial to the organization that supervisors prepare and provide to employees,
truthful and regular performance evaluations that document strengths, weaknesses, areas
needing improvement and unacceptable performance. Factual evaluations are especially
important when unacceptable behaviors persist, and disciplinary measures are needed.
B. Rating Discussed with Employee. Each evaluation shall be discussed with the employee
who has been evaluated. The employee shall be given a copy of the performance
evaluation report following the discussion and shall be required to sign the report, but
only as an indication that the report was discussed with him/her.
Performance evaluations are not appealable. Employees may file a written response to
the performance evaluation, which will be placed in his/her personnel file along with the
written performance evaluation.
C. Unsatisfactory Performance. If an employee is rated overall as below competent, the
appointing authority may recommend that the employee's next scheduled merit increase
be withheld (see Section 6 for merit increase information).
Employees who receive unsatisfactory reviews shall take appropriate and immediate
steps to improve or correct the performance or conduct which has been rated as
unsatisfactory. Failure by the employee to demonstrate satisfactory effort toward
improvement, if substantiated, shall be considered as cause for appropriate disciplinary
aCLivu, SLL 11 aS UUL uvt limited to a reducLioii of Stcp�Z!)) iii uie employee S Saiary la 16 or
dismissal.
30
D. Postponement of Performance Evaluation. If an employee's anniversary date falls within
the time the employee, or supervisor, is on leave, the annual performance evaluation may
be postponed until the employee or supervisor returns from leave. The performance
evaluation may also be postponed to meet the organizational or operational needs of the
City, as determined by the City Manager.
31
SECTION 10
LEAVES
A. Vacation Leave.
1. The purpose of vacation leave is to enable eligible employees, annually, to use
this paid time off to rest and return to work, mentally refreshed. With this in
mind, employees are encouraged to take vacation leave.
2. Unless otherwise stated by an applicable and current Memorandum of
Understanding, Contract, Resolution or Agreement, the following provisions shall
apply.
3. Each probationary and regular full-time employee in the Classified Service shall
earn vacation benefits in accordance with his/her length of continuous service and
in accordance with any applicable Memorandum of Understanding, Contract,
Resolution or Agreement.
Probationary and regular part-time employees in the Classified Service, scheduled
to work at least 1040 hours a year, shall accrue vacation in an amount
proportionate to the ratio of scheduled hours of work per week to the standard.
work week.
Dates of vacation may be requested by the employee, but are subject to the
approval of the Department Head or his/her designee.
4. Vacation Accrual Rates.
Unless otherwise provided in a current Memorandum of Understandings,
Contracts, Resolutions or Agreements, the following is the list of vacation accrual
entitlement for each eligible employee by years of employment, to be earned on a
prorated bi-weekly basis:
Service Years Entitlement in Days
1 thru 2 10
3
thru
4
11
5
thru
6
12
7
thru
8
13
9
thru
10
14
11
thru 12
15
13
thru 14
16
15
thru 16
17
17
LillU 18
18
19
thru 20
19
21
or more
20
32
5. For purposes of computing service years, continuous service from the employee's
anniversary date as defined in Section 3 shall be the qualifying factor. Authorized
leaves of absence without pay in excess of thirty (30) calendar days shall be
deducted in computing an employee's total City service years.
6. Holidays Fa11i116 U1 ng Vacation. In the event one or more municipal holidays
fall within an employee's annual vacation leave, such holidays shall not be
charged as vacation leave.
7. Payment For Vacation Upon Termination. Vacation leave may not be used at the
time of termination of employment. All accrued, but unused, vacation leave
credits shall be paid off at the employee's current base hourly rate.
If the employee is retiring, the City Manager may approve use of vacation leave,
upon the request of the retiring employee and recommendation of the retiring
employee's Department Director.
B. Sick Leave.
1. Sick leave with pay shall be granted to all regular and probationary employees
within the classified service. Employees may use sick leave for diagnosis, care
or treatment of an existing health condition or preventive care for an employee or
the employee's family member. Employees who are victims of domestic
violence, sexual assault or stalking may use sick leave to implement safety
measures, seek medical treatment and counseling, seek restraining orders and
appear in court.
2. For regular employees, sick leave shall be earned at the rate of one (1) eight (8)
hour work day for each calendar month of service, prorated on a bi-weekly basis.
For eligible employees, scheduled to work at least 1040 hours a year, but less than
2080 hours a year, sick leave entitlement shall be a percentage of the sick leave
days normally earned for the same number of service months identical to the
percentage of work hours scheduled as to a 2080 hour scheduled work year (for
example, a 1/2 time benefitted employee will earn 4 hours per calendar month).
For purposes of computing sick leave, a work day shall be considered as one-fifth
of the number of working or duty hours in the established work -week for each
employee, unless otherwise provided in current Memorandums of Understanding,
Contracts, Resolutions or Agreements.
3. Any employee requesting sick leave shall notify his/her immediate supervisor or
Department Head no later than one hour before their work shift begins or
immediately whCll LU&CIl III UUllllg WVI& MUrs.
4. Prior to an employee's return
to work following an illness or injury, the City may
request a physician's statement confirming that the employee was out for sick
33
leave as defined in this policy, confirming the employee's ability to return to
normal duties, with or without limitations.
5. Leave Chargeable to Sick Leave. An employee with accumulated sick leave may
be granted sick leave for the following reasons:
i. Illness or physical incapacity of the employee;
ii. Medical and dental office appointment which cannot be scheduled at other
than work hours.
iii. An employee may use up to one half of their yearly accrued sick leave to
attend to any of the above mentioned medical needs of the following
persons:
a. The employee's child (e.g., biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of a
person standing in loco parentis).
b. The employee's parent (e.g., biological, foster, or adoptive parent,
a stepparent, or a legal guardian).
c. The employee's spouse or domestic partner.
6. Sick leave may not be used at the time of termination of employment, and all
accrued, but unused sick leave credits, shall not be paid off, unless otherwise
provided in current Memoranda of Understanding, Agreements, Resolutions or
Contracts.
7. An employee, absent on approved vacation or compensatory time -off, may
request a change to paid sick leave, and may be required, upon return to work, to
provide a physician's statement, verifying the illness, injury, or disability of the
employee or the employee's family member, as listed in iii above. Sick leave
absence shall begin at the time the employee notified his/her Department Head or
the duration of time indicated on the physician's statement.
C. Bereavement Leave. Employees are permitted to utilize three (3) days of paid
bereavement leave per occurrence in case of the death of members of the employee's
immediate family (as defined in Section 3.A.). Any necessary extra time shall be taken
from the employee's accrued sick leave. In cases where sick leave is exhausted, vacation
time shall be charged. Paid leave beyond the initial three (3) days is subject to
department head approval.
Cci!
D. Catastrophic Leave Bank Policy.
1. Purpose.
The purpose of "a Leave Policy is to establish a Catastrophic Leave
Bank (`Bank") into which employees may voluntarily donate sick or vacation
leave hours. This Bank will be used to assist employees, who have exhausted all
leave credits and require further time off for an extended serious or catastrophic
illness or injury to the employee or his/her immediate family as defined herein.
The Bank is to be awarded on a case-by-case basis. Therefore, all employees
should attempt to accumulate and maintain as high a sick leave balance as
possible.
2. Definitions.
i. Catastrophic Illness or Injury: An illness or injury which incapacitates an
eligible employee, as defined within this policy. Catastrophic Illness or
Injury is further defined as a debilitating illness or injury of an immediate
family member that requires an eligible employee to take time off from
work to care for the family member.
ii. Immediate Family: For the purposes of the Bank only, immediate family
includes spouse, registered domestic partner, son, daughter, or other
individuals whom the employee has legal guardianship over, or
employee's mother or father.
iii. Donor Employee: Regular employees may voluntarily transfer up to 120
hours in excess of 40 hours sick leave and 40 hours vacation accrual per
calendar year. Part-time employees in a regular position must maintain
their prorated equivalent balance. (Example: Half-time employee - 20
hours)
iv. Eligible Employee: To be eligible, an employee must meet all of the
following criteria:
a. Be employed in a regular position by the City for a minimum of
twelve (12) months;
b. Have exhausted all paid leave balances and are suffering from a
long-term illness or injury that will result in the loss of work for a
period of at least twenty (20) working days;
rT ii hours i
C. nave previously donated vacation or sick ours to tale k,ILY S Dais
at least once during their employment;
d. Employees receiving workers' compensation or disability
insurance will only receive enough sick leave hours to bring their
35
total compensation up to base pay. Insurance will be maintained as
long as employee is using sick leave bank hours; and
e. The employee must be using catastrophic leave due to a verifiable,
catastrophic injury or illness or to care for an immediate family
member suffering from a verifiable, catastrophic injury or illness.
The City reserves the right to request verification from a medical
doctor that the employee or family member has a catastrophic
illness prior to making an eligibility determination.
v. Donated Time: For the purposes of this program, sick leave and vacation
may be transferred from a donating employee to the Bank. Transfers of
remaining balances of vacation or sick leave will be allowed upon
employees' termination, separation or retirement up to 75% of available
accrued balance.
vi. An employee may donate a maximum of 120 hours of sick leave in any
calendar year. Only sick leave and/or vacation time may be donated.
vii. All employees must maintain a minimum of 40 hours' sick accrual and 40
hours' vacation accrual at the time donation is made (i.e. full time
employees — 40 hours; half time employees - 20 hours).
viii. Donations shall be in hourly increments and shall be on an hour for hour
basis without regard to an employee's cash value equivalent of the amount
of time donated or used.
ix. The transfer of leave hours is irreversible, and donations shall be
processed in the same manner as any other leave request.
x. Donations are to theBank, not individual employees.
xi. Records of sick leave donations/balances will be the responsibility of the
Human Resources Office.
3. Procedure to Access the Bank.
i. An eligible employee, who voluntarily chooses to participate, shall submit
a "Catastrophic Leave/ Donation Application" to the employee's
Department Head for recommendation to and approval by Human
Resources.
ii. Along with the application, the employee must submit a writt
en medical
verification of iiiS/tier coriditiori, or the iiiedicai condition of iiiS/her
immediate family member. This information will be maintained in a
confidential file in Human Resources separate from the personnel file.
36
When the medical emergency involves an immediate family member, the
employee must supply written documentation from the family member's
medical physician that the medical condition of the family member
necessitates the employee's personal attendance during the employee's
normally scheduled work hours.
iii. All information regarding the leave ".FFcation will be kept confidential,
and the employee will be notified by Human Resources when a
determination has been made regarding the application.
iv. Any application, which is denied, may be appealed to the City Manager.
The City Manager's decision shall be final and not grounds for grievance
or appeal.
v. The maximum number of hours a regular employee may access from the
Bank during any 24 -month period shall be the lesser of 360 hours or the
amount of leave hours available in the Bank. Part-time employees, in a
regular position, may apply for a prorated equivalent of 360 hours, based
on the number of hours per month employee works.
vi. If the application is approved, hours from the Bank will be transferred to
the sick leave account of the absent employee as the hours are used.
Subsequent eligibility by additional employees for use of the Bank shall
result in the concurrent use of available hours in the Bank.
vii. There will be no coercion of employees to donate; this is voluntary
program. Applying to receive and receiving a donation from the bank is
also entirely voluntary. All donations will be confidential.
viii. In the event an employee using approved catastrophic leave for the care of
an immediate family member, and said family member dies, employee
may receive up to three (3) working days off, per the City's Bereavement
Policy.
E. Industrial Disability Leave Workers' Compensation Leave: Employees who suffer a
work-related injury or illness are eligible for Workers' Compensation in accordance with
California law and these Rules. Additional information is available from the City's Risk
Manager or his/her Workers' Compensation designee.
1. The procedure outlined below should be followed for report
ing work-related
employee injuries/illness:
T L.,.:11...,.,,.. ,. 1. Tl,.... ,,.f..... +
i. to the e vein a worn-iciaLcu uuica� yr injury GCCiir S, tue >Jcyai LuieiiL
Director shall provide the necessary claim forms to the employee within
24 hours and insure the employee receives immediate medical attention, if
other than first aid is necessary, at a City -authorized medical facility. The
37
Department Director shall insure the necessary forms are completed and
submitted to the Risk Manager or Workers' Compensation designee by the
next business day for processing and investigation.
ii. In the event awork-re late d illness orinjury occurs and it is determined no
medical treatment is necessary, the employee and supervisor must
complete an Employee Incident Only form and submit that form to the
City's Workers' Compensation designee.
2. Public Safety Employees
i. Public safety employees who receive compensation under Section 4850 of
the Labor Code are eligible for City insurance benefits and leave accruals
and shall not utilize sick leave until such time as they are no longer
eligible to receive said compensation.
ii. Should the employee's absence due to work related injury or illness
extend beyond the time frame allowed under Section 4850 of the Labor
Code, any temporary disability benefits received under Workers'
Compensation shall be considered part of the employee's salary. During
the time the employee receives Workers' Compensation temporary
disability benefits, the employee may use sick leave, vacation or other
compensatory time off to supplement compensation received under the
Workers' Compensation Act in an amount not to exceed the employee's
regular rate of pay.
iii. Should the employee's accumulated sick leave, vacation, or other
compensatory time off be exhausted, the temporary disability payments
provided under the Workers' Compensation benefits shall continue, and
the employee shall be subject to a leave of absence without pay.
3. Miscellaneous Employees
i. Any compensation received under Workers' Compensation shall be
considered part of the employee's salary. During the time the employee
receives Workers' Compensation benefits, the employee may use sick
leave, vacation or other compensatory time off to supplement
compensation received under the Workers' Compensation Act in an
amount not to exceed the employee's regular rate of pay.
ii. Should the employee's accumulated sick leave, vacation, or other
compensatory time off be exhausted, the temporary disability payments
pro V1UGU '1111UU1 the Workers' Compellsatloll belleflts s11all 1.V11L1111Ae, al1U
the employee shall be subject to a leave of absence without pay.
4. The City does not compensate an employee for time to attend routine medical
appointments relative to their workers' compensation claims. In the event the
employee returns to work but requires follow up physician visits and/or
rehabilitative treatments, the employee should schedule such appointments during
off duty hours. Employees shall use sick time or another form of leave if their
appointment conflicts with their work schedule.
5. The Risk Manager or designated representative shall continually monitor all
active Workers' Compensation claims as necessary.
E. Transitional Return to Work (TRTW) Program
The purpose of the Transitional Return to Work (TRTW) Program is to return injured
employees, who are temporarily precluded from performing their normal duties, to work
in a TRTW assignment.
The purpose of this policy is to establish procedures for assigning employees to
temporary modified duty. Temporary modified -duty assignments may be available to
employees who have incurred a job-related illness or injury and, due to restrictions or
limitations, are unable to perform their regular assigned duties. Non job related illnesses
or injuries may also be considered for eligibility in accordance with this policy.
1. Responsibility
Human Resources will act as the TRTW Coordinator and function as the liaison with
the workers' compensation claims administrator for work related injuries. This
policy must comply with all current workers' compensation rules and regulations.
2. Procedures
i. Identifying TRTW Assignments:
a. Periodically, as needed, the TRTW Coordinator will request that
all departments/divisions complete the "TRTW Assignment" form.
This form assists the TRTW Coordinator in identifying possible
TRTW assignments.
b. An injured employee may be assigned to a modified duty position
outside of his/her normal assignment, if one becomes available. If
the injury or illness is non -duty related, the employee shall be
given the option to either accept the position, or continue to draw
on applicable sick leave or other leave accounts.
Employee placed on TRTW by a treating physician:
a. All .work restrictions the employee has will be listed on the
"Authorization for Medical Examination" or the treating
physician's/facility's work status report (which authorization or
report shall solely confirm functional limitation work restrictions).
39
b. If the employee's department/division is able to accommodate the
restrictions, the employee's supervisor will notify the TRTW
Coordinator, and the coordinator will send a TRTW agreement
letter to the employee. It is the City's intent to keep employees in
their division/department if possible.
c. If the employee's division/department is unable to accommodate
the restrictions, the division will notify the TRTW Coordinator
immediately.
d. The TRTW Coordinator will then:
1. Contact departments/divisions for possible TRTW
assignments, based upon employee's restrictions.
2. If an assignment in another department is located, the TRTW
Coordinator will meet with the employee to advise him/her of
the available work assignment(s). Should the employee
accept the assignment, the TRTW Coordinator will provide
the employee with a TRTW agreement letter. Should the
employee refuse the assignment, he/she will need to be aware
that his/her non-medical, worker's compensation benefits
may end.
e. The employee's assigned supervisor will ensure that the employee
is complying with, and working within, the work restrictions
imposed by the treating physician.
f. Every 30 days, the TRTW Coordinator will review the employee's
progress, which may require a duty status report from the treating
physician/facility to extend the modified duty assignment.
g. If the employee feels his/her injury precludes him/her from
completing a TRTW assignment, then it is the employee's duty to
notify the TRTW Coordinator of his/her problem, whereby the
employee and the TRTW Coordinator can make plans for the
subsequent course of action.
iii. Unavailable transitional assignments:
a. If no transitional assignment is available, the employee will remain
off- duty.
b. Employees off duty are to contact the TRTW Coordinator on a weekly
basis to assess the availability of TRTW assignments.
c. Failure to contact the TRTW coordinator may result in disciplinary
action.
Intermittent Assignment:
ao if all employee
%oiilpletes a teil3porary a slglllllellt, and there iS i10
additional transitional work available, the employee will be placed in
off-duty status, and Section iii above applies.
b. If the injury is industrial, the TRTW coordinator must immediately
notify the workers' compensation claims administrator that the
employee is not working.
e. Time Card Procedures:
a. The time record code "TRTW" shall be used to track employees on
transitional return to work assignments.
b. The employee's regular account number is used.
41
SECTION 11
ATTENDANCE AND LEAVES
A. Family Care and Leave Policy�FMLA/CFRA):
1. Statement %J Policy: To the extent not already provided for under current
leave policies and provisions, the City will provide family and medical care
leave for eligible employees as required by state and federal law. The
following provisions set forth certain of the rights and obligations with respect
to such leave. Rights and obligations, which are not specifically set forth
below, are set forth in the Department of Labor regulations implementing the
Federal Family and Medical Leave Act of 1993 ("FMLA"), and the
regulations of the California Family Rights Act ("CFRA"). Unless otherwise
provided by this article, "Leave" under this article shall mean leave pursuant
to the FMLA and CFRA.
2. Definitions:
i. "12 -Month Period" means a rolling 12 -month period measured
backward from the date leave is taken and continuous with each
additional leave day taken.
ii. "Serious health condition" means an illness, injury, impairment, or
physical or mental condition that involves:
a. Any period of incapacity or treatment in connection with or
subsequent to inpatient care (i.e., an overnight stay) in a
hospital, hospice, or residential medical care facility;
b. Continuing treatment by a health care provider due to a serious
health condition for a period of more than three (3) days
requiring absence from work, school or other regular daily
activities, and any subsequent or continuing treatment by a
health care provider, or period of incapacity relating to the
same condition that also involves:
1. Treatment two or more times by a health care provider
within 30 days of the first day of incapacity, or
2. Continuing treatment under the supervision of the
health care provider (e.g., prescription medication or
therapy requiring special equipment to resolve or
alleviate the health coiiditioii),
c. Any period of incapacity due to pregnancy or for prenatal care.
(This entitles the employee to FMLA leave only. Under
42
California law, an employee disabled by pregnancy is entitled
to pregnancy disability leave); or
d. Continuing treatment by, or under the supervision of, a health
care provider for a chronic or long-term serious health
condition that continues over an extended period of time,
causes episodic periods of incapacity (e.g., asthma, diabetes,
epilepsy, etc.), or is incurable or so serious that the condition
would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical
intervention or treatment.
3. Reasons for Leave. Employees may take a total of twelve workweeks of
unpaid leave during any 12 -month period for any one or more of the following
reasons:
i. The birth of a child or to care for a newborn of an employee;
ii. The placement of a child with an employee in connection with the
adoption or foster care of a child;
iii. Leave to care for a child, parent, spouse, or domestic partner who has a
serious health condition;
iv. Leave because of a serious health condition that makes the employee
unable to perform the functions of his/her position;
v. Fora "qualifying exigency" arising out of the fact that an employee's
spouse, son, daughter, or parents is on covered active duty or called to
active duty status (under the FMLA only, not the CFRA); or
vi. To care for a spouse, son, daughter, parent, or next of kin who is a
covered service member of the United States Armed Forces who has a
serious injury or illness incurred in the line of duty while on active
military duty or existed before the beginning of the member's active
duty and was aggravated by service in the line of duty on activity duty
in the Armed Forces (this leave can run up to 26 weeks of unpaid leave
during a single 12 -month period) (under the FMLA only, not the
CFRA).
4. Employees Eligible for Leave. An employee is eligible for leave if the
employee:
i. Has been employed for at least 12 months; and
CLc'
ii. Has worked at least 1,250 hours for the City during the 12 -month
period immediately preceding the commencement of the leave.
5. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks
of leave during any 12 -month period:
i. Minimum duration %J leave: Leave taken for the birth, adoption or
foster care placement of a child of the employee must be taken for no
less than two -weeks and must be concluded within one year of the
birth or placement of the child. However, an employee is entitled to
leave for one of these purposes (e.g., bonding with a newborn) for at
least one day, but less than the minimum two weeks on any two
occasions.
If leave is requested to care for a child, parent, spouse, spouse or
domestic partner's child, or the employee him/herself with a serious
health condition, there is no minimum amount of leave that must be
taken. However, the notice and medical certification provisions of this
policy must be complied with.
6. Employee Benefit While on Leave. Leave under this policy is unpaid. While
on leave, employees will continue to be covered by the City's group health
insurance to the same extent that coverage is provided while the employee is
on the job. However, an employee will not accrue other benefits, including,
but not limited to vacation or sick leave earnings, or continued
coverage/contributions for employee elective benefit deductions (i.e.,
Colonial, deferred compensation, credit union). The employee is not entitled
to greater rights than he or she would have if they remained in the workplace.
Employees on unpaid leave during this time shall make the appropriate
contributions for continued health benefits/health insurance coverage or their
coverage may be cancelled. If an employee fails to return to work after
his/her leave entitlement has been exhausted or expires, the City has the right
to recover its share of health plan premiums for the entire leave period, unless
the employee does not return because of the continuation, recurrence, or onset
of a serious health condition as specified in this rule, or because of
circumstances beyond the employee's control.
7. Substitution of Paid Accrued Leaves. While on a leave under this policy, the
City will require an employee to concurrently use any accrued paid leaves.
i. City's Right to Require an Employee to Use Paid Leave When Using
Fr�ILAICFRA Leave. Employees riiust cxiiai.ist their aGCrued leaves
concurrently with FMLA/CFRA leave, but shall not be required to use
accrued compensatory time earned in lieu of overtime earned.
ii. City's Right to Require an Employee to Exhaust FMLA/CFRA Leave
Concurrently With Other Leaves. If an employee takes a leave of
absence for any reason which is FMLA/CFRA qualifying, the non-
FMLA/CFRA leave shall run concurrently with the employee's 12 -
week FMLA/CFRA leave entitlement. The only exception is for peace
officers that are on leave pursuant to Labor Code §4850.
8. Notice. Except for qualifying exigency leave, an employee is required to give
30 days' notice in the event of a foreseeable leave. In unexpected or
unforeseeable situations, an employee should provide as much notice as is
practicable.
If an employee fails to give 30 days' notice for a foreseeable leave with no
rN
asonable excuse for the delay, the leave may be delayed until the City, in its
discretion, can adequately cover the position with a substitute.
9. Medical Certification. Employees who request leave for their own serious
health condition or to care for a child, parent or a spouse who has a serious
health condition must provide written certification from the health care
provider. If applicable, the certification must include a statement that the
employee is unable to work at all or is unable to perform the essential
functions of his/her position.
i. Time to Provide a Certification. When an employee's leave is
foreseeable and at least thirty (30) days' notice has been provided, the
employee must provide a medical certification before the leave begins.
When this is not possible, the employee must provide the requested
certification to the City within fifteen (15) calendar days after the
employer's request, unless it is not practicable to do so. Failure to
provide a completed medical certification on time may impact the
employee's ability to take the leave as requested.
ii. Recertification. Where the employee's certification is incomplete,
appears to be from physician lacking appropriate expertise, or appears
fraudulent, the City may require a medical opinion of a second health
care provider chosen and paid for by the City. If the second opinion is
different from the first, the City may require the opinion of a third
provider jointly approved by the City and the employee but paid for by
the City. The opinion of the third provider will be binding.
10. Reinstatement Upon Return
from Leave. An employee will be reinstated to
the position of employment held when the leave commenced, or to an
�. ,. , ,
equivalent position if the former pusi�iuii is no iuriger avail ie. ruip oyces
have no greater rights to reinstatement, benefits and other conditions of
employment than if the employee had been continuously employed during the
45
FMLA/CFRA period.
i. Employee's Obligation to Periodically Report on His/her Condition.
Employees may be required to periodically report on their status and
intent to return to work. This will avoid any delays to reinstatement
when the employee is ready to return.
ii. Release for Duty Certification. An employee returning from leave
taken due to the employee's own serious health condition, which made
the employee unable to perform his/her job, must provide a release -
for -duty certification from his/her health care provider that the
employee is able to resume work. Failure to provide such certification
will result in denial of reinstatement.
iii. Reinstatement of "Ke,�Emplo, e� The City may deny reinstatement
to a "key" employee (i.e., an employee who is among the highest paid
10 percent of all employed by the City within 75 miles of the work
site) if such denial is necessary to prevent substantial and grievous
economic injury to the operations of the City, and the employee is
notified of the City's intent to deny reinstatement on such basis at the
time the employer determines that such injury would occur.
11. Required Forms. Employees may contact the Human Resources Department
for applicable forms in connection with the leave under this policy.
B. Pregnancy Disability Leave (PDLL
1. Any employee with appropriate doctor certification may request an unpaid
leave of absence for up to four months, due to conditions related to pregnancy,
childbirth, or related medical conditions. Part-time employees are entitled to
leave on a pro rata basis. PDL is an unpaid leave of absence. An Employee
will be required to use any accrued sick leave first while out on leave, and
then will be allowed to use accrued vacation or compensatory time available
thereafter.
2. Employees are required to give at least thirty days' notice of intent to take
leave in the event it is foreseeable. If the need for leave is not foreseeable,
employees must provide notification as soon as is reasonable or practicable.
Employees must consult with the Human Resources Department regarding the
scheduling of any planned medical treatment or supervision in order to
minimize disruption to the operations of the City. Any such scheduling is
subject to the approval of the employee's health care provide.
3. Upon the request of an employee and recommendation of the employee's
physician, the employee's work assignment maybe changed if necessary to
protect the health and safety of the employee and her child, but the transferred
employee will receive the pay that accompanies the job. The City will provide
such accommodations unless the requested accommodations would constitute
an undue hardship, upon which the employee may be placed on an unpaid
leave of absence.
4. Under most circumstances, upon expiration %J the approved leave and the
City's receipt of a written statement from the health care provider that the
employee is fit to return to duty, the employee shall be reinstated to her
former position or to a comparable one, so long as it was not eliminated for a
legitimate business reason during the leave. The comparable position is one
having similar terms of pay, location, job content and promotional
opportunities.
5. Failure to return to work after the authorized four month leave period may
cause the employee to have no reinstatement rights. An employee who plans
to take such a leave should give reasonable notice of the date the leave shall
commence and the estimated duration of the leave.
C. Military Leave. Military leave shall be granted by the employee's Department Head
in accordance with the provisions of state and federal law. An employee requesting
leave for this purpose shall provide the Department Head, whenever possible, with a
copy of the military orders specifying the dates, site and purpose of the activity or
mission. Within the limits of such orders, the Department Head may determine when
the leave is to be taken and may modify the employee's work schedule to
accommodate the request for leave.
Probationary and regular employees in the military reserves who are called to active
duty, excluding weekend and other routine drill periods, shall receive the difference
in pay between their military pay and their regular work pay. Such pay differential
shall continue for a period of one-year from the date of the call to active duty. In
addition, such employees shall have their health insurance benefits for themselves and
their covered dependents continued by the City until the employee and the
employee's covered dependents are first eligible and secure similar military health
benefits.
D. Jury Leave. Every employee in the classified service required to report for jury duty
shall' be granted leave from their duties with the City during the period of such service
upon presentation of the notice to appear for jury duty to the Department Head.
Reasonable advance notice to the Depart
ment Head is required. If reasonable notice
is given, the employee shall be paid the difference between regular full salary and any
payment received, PYcPpt tYa�JPI pays fnr ciµeh d��ty. An e,T,ployee who seri ec nn j�iry
duty during a regular day -off may receive all jury duty fees paid for that day.
E. Subpoena. The employee shall receive full pay for subpoenaed court
appearances
connected with the employee's official duties provided the employee remits to the
City all fees received for such appearances. Compensation for expenditures for
mileage or subsistence allowances shall not be considered fees and shall be retained
by the employee.
F. Holiday The holidays to be observed in this City are as follows:
New Year's Day
Martin Luther King, Jr. Day
Lincoln's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
2 Floating Holidays
And any other holiday proclaimed by the Mayor of the City.
Every regular and every probationary employee in the classified service except
members of the Public Safety Departments, who are required to be on duty for 24-
hour periods, shall be entitled to the above paid holidays unless the employee's
services are needed and required in the interests of the public health, safety or general
welfare, in which latter event any such employee shall be entitled to compensatory
time off at such time as in the discretion of the Department Head, their services are
not needed and required.
Members of the Public Safety Departments who are required to be on duty for 24-
hour periods, shall be entitled tG compensatory time off in lieu of holidays in the same
number of hours as is commensurate with the holiday time hereby granted to other
employees, which time shall be eight duty hours per holiday. Said compensatory
time off may be taken in conjunction with annual vacation leave to allow for
maximum personnel utilization.
For those employees who work Monday through Friday, any holiday falling on
Saturday shall be observed on the proceeding Friday and any holiday falling on
Sunday shall be observed on the following Monday. Employees who work schedules
other than Monday through Friday shall be entitled to compensatory time off for any
holiday which falls on their regularly scheduled days off.
eiii"iG` ee iiiiiSt be employed b` tiie Cii ' Gii the da`" preceding and the da`
P
y y y y� � �'
following a holiday to qualify for holiday pay. For purposes of this paragraph, an
employee who is absent on authorized vacation with pay or on accrued sick leave
shall be deemed to be employed at such time.
G. Representatives of Recognized Emplo eerganizations. The City shall provide
leave, without loss of pay, to employees serving as officers of a recognized employee
organizations, or a designated representative, when the employee is to: (1) meet and
confer with the City on matters within the scope of representation; (2) testify or
appear in proceedings before the Public Employment Relations Board; and (3) testify
or appear before a personnel or merit commission.
H. Time Off for Victims of Violent Crimes or Domestic Abuse.
1. An employee who has been a victim of a violent crime, domestic violence,
sexual assault, or stalking may take time off to: (1) appear in court to comply
with a subpoena or other court order as a witness to any judicial proceeding;
(2) seek medical or psychological assistance; or (3) participate in safety
planning to protect against further assaults. The City shall also, pursuant to
Section 18.02 of these rules, provide reasonable accommodations for victims
of domestic violence, sexual assault or stalking who request an
accommodation for their safety while at work.
2. Victim shall mean any person who suffers direct or threatened physical,
psychological, or financial harm as a result of the commission or attempted
commission of a crime.
3. An affected employee must give the City reasonable notice that he or she is
required to be absent for the purpose stated above. In cases of unscheduled or
emergency court appearances or other emergency circumstances, the affected
employee must, within a reasonable time after the appearance or
circumstance, provide the City with written proof that the absence was
required for any of the above reasons. Leave under this section is unpaid,
unless the employee uses sick leave, vacation or compensatory time off
I. Absence Without Leave. Any employee who is absent from duty shall report the
reason for such absence to the Department Head or immediate supervisor prior to the
date of expected absence whenever possible and in no case, later than one (1) hour
after the beginning of their normal work shift; except in the Public Safety
Departments where such notice shall be at least one (1) hour before the beginning of
their normal work shift. Absences not reported in such manner may be considered
absence without leave. A deduction of pay shall be made for the duration of any
absence without leave. Upon return to work, such absence shall be justified to the
Department Head who shall consider the need for further disciplinary action.
All
aiitiiorized absence witiioilt leave ivr iiiGrc than truce (3) CoriScciiti`ve work days
y constitute a resignation of their position by the employee.
J. Authorized Leave of Absence Without Pay. An employee shall not be entitled to
leave of absence without pay as a matter of right (except as provided by federal or
state law) but an employee may request a leave of absence without pay. The request
must be submitted in writing and set forth the reason for the request. The City
Manager may grant, in writing only, a regular or probationary employee's request for
leave of absence without pay for a period not to exceed three months. A leave of
absence without pay shall not be authorized until the employee has exhausted all
accumulated compensatory time off.
An employee must return to employment upon expiration of an authorized leave
without pay. An employee returning to employment may return to the same
classification, status and salary step in the pay range in effect for the class at the time
leave was granted, unless the City Manager determines that a position in the same
classification, status, or salary step is not available. Failure to report promptly at the
expiration of such leave, or after notice to return to duty, may be cause for discharge.
City benefits shall not be granted or accrue after the third consecutive day of leave of
absence without pay. Employees and their dependents may continue their
health/medical insurance by paying the premiums for such time as the employee is on
authorized leave of absence without pay. Benefits waived shall resume upon
employee's return to active duty.
K. Reasonable Accommodations. The City provides employment-related reasonable
accommodations to qualified individuals with disabilities within the meaning of the
California Fair Employment and Housing Act and the Americans with Disabilities
Act. (See Section 15.E.).
SECTION 12
GRIEVANCE PROCEDURES
Purpose of the Procedure
The primary purpose of this procedure shall be to provide a means whereby an employee, without
j eopardizing his or her employment, can express a personal grievance relating to wages, hours of work,
and working conditions, and obtain a fair and equitable disposition of such grievance.
Definition of Informal Grievance
An informal grievance is defined as a verbal disagreement by an employee expressed to the. employee's
supervisor with a request to informally discuss the grievance with the supervisor and/or the department
head.
Definition of Formal Grievance
A formal grievance shall be defined as any written complaint of an employee filed with the employee's
immediate supervisor within thirty (30) days of the
Informal Discussion with Supervisor
subject of the grievance relating to his or her wages,
hours of work, and working conditions.
An employee shall first pursue all informal grievances with his or her supervisors and at any time that
the employee or the supervisor or department head deem that the informal grievance is a formal
grievance, the employee may reduce it to a formal written grievance. An employee with an informal
grievance is encouraged first to attempt to resolve the problem by discussing it informally with his or
her first line supervisor before filing a written grievance.
Formal Conference with Supervisor
If an employee does not obtain satisfaction of the informal grievance by means of an informal discussion
with the supervisor, or if the employee is unable to communicate withhis/her supervisor, the employee
and/or employee representative may, by written grievance, request and shall be accorded a formal
conference within ten (10) days with the supervisor and/or department head. The decision of the supervisor
shall be reported to the employee and/or his/her representative within five (5) business days of the date the
conference was held with the supervisor.
Departmental Review
In the event the employee does not obtain satisfaction at any level of review by means of informal or
formal grievance and a formal conference with his or her supervisors, the employee and/or his or her
representative may submit the grievance in writing to the supervisor or department head. The procedure
to be foiiowed by the supervisor who receives a grievance in writing shall be established by each
department head for his or her department, and shall include review of the grievance by the immediate
supervisor and such successively higher levels of management as may be determined by the department
head. A cumulative record of the decision and the reason for the decision at each level of review shall be
51
maintained. The ultimate decision shall be that of the department head. The decision must be reported to
the employee in writing within ten (10) business days of the date that the request for departmental
review was submitted to the supervisor.
Appeal to the City Administrator
In the event the employee does not obtain satisfaction by means of the departmental review, the
employee and/or his/her representative shall submit the grievance in writing to the City Manager within
10 days after notification of the departmental decision is given to the employee. The City Manager may
meet with the employee and/or representative and the department head before making a decision; or
may waive administrative review and refer the grievance directly to a committee of the City Council
appointed to hear grievances. A copy of the decision on the matter must be presented to the employee
within ten (10) business days of the date the grievance was filed with the City Manager.
Submission to a Committee of the City Council
In the event that the employee does not obtain satisfaction by means of the administrative procedures
outlined above, the employee may request a hearing by a committee of the City Council. The hearing
shall be held by the committee within fifteen (15) business days of the date of receipt of the request at the
convenience of all parties, unless waived by common consent of the employee and the department head.
The hearing shall be informal. The employee and/ or his/her representative, the department head and/or
the City Manager shall appear before the committee to present facts pertinent to the case. The burden of
proof shall rest with the employee. The committee shall limit its review of the grievance to the subject
matter contained in the previous steps of the grievance procedure and shall make its decision within
thirty days after the termination of the hearing unless a reasonable time extension is deemed necessary
and all parties are notified.
Time Limits
In case the time limits outlined above are not observed by the representative of the City, the employee and/or
representative shall have the right to carry the grievance directly to the next higher level of review.
rMPWilMON lSi/-\1M0 U
Z�Z�1�1�1�1:��)
The recognized employee organizations may present a general grievan
ce (affecting several employees) in
writing directly to the City Manager. Upon receipt of such a grievance, the City Manager shall establish a
time for a hearing, at which time all affected parties may appear before the City Manager to present facts
pertinent to the issue. The decision of the City Manager shall be presented to all parties concerned within
fifteen (15) business days and shall be appealable by the group to a committee of the City Council for their
findings and recommendations within thirty (30) days. If either party wishes to appeal, they may file an
appeal with the City Council as a whole within five (5) working days of the final decision of the
committ
ee of the City Council.
52
SECTION 13
TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT
A. Transfer. The City Manager may transfer employees at any time within
departments and to positions outside a department in a manner most advantageous
to the City. However, no person shall be transferred to a position for which they
do not possess the minimum qualifications unless waived by the City Manager.
Employees may be transferred by the appointing authority at any time to another
position in a comparable class. For transfer purposes, a comparable class is one
with the same maximum salary, involves the performance of similar duties, and
requires substantially the same basic qualifications. The City's Compensation
Plan will be used to determine an employee's applicable pay following transfer.
If the transfer involves a change from one department to another, both
Department Heads must consent thereto, with approval of the City Manager,
unless the City Manager orders the transfer. Transfers are not to be considered as
disciplinary actions. Transfer shall not be used to effectuate a promotion,
demotion, advancement, or reduction, each of which may be accomplished only
as provided in the City's Compensation Plan or these Rules.
B. Promotion. Consistent with the best interests of the service, vacancies within the
classified service may be filled by promotion from within the service with or
without a promotional examination. At Human Resource's discretion, the City
may conduct a promotional examination to establish a promotional list of eligible
candidates, or a vacancy in the position may be filled by an open -competitive
examination instead of promotional examination, then an open -competitive
examination shall be arranged. The City's Compensation Plan will be used to
determine an employee's applicable pay following promotion.
C. Demotion. The appointing authority may demote any employee whose ability to
F erform required duties falls below standard or for disciplinary purposes. Upon
request of the employee, and with the consent of the prospective supervisor and
appointing authority, an employee may voluntarily demote to a vacant position in
the same department. No employee shall be demoted to a position for which they
do not possess the minimum qualifications, as determined by the appointing
authority. Written notice of the demotion shall be given the employee not less
than five (5) working days prior to the effective date of the demotion, and a copy
filed with Human Resources. The City's Compensation Plan will be used to
determine an employee's applicable pay following demotion.
n r.. p TL �•�y P � y � d y g ,.,M y, �, +,� + p„y
L. �uS eiiSioii. lice City �aiia"er iiia ' SUS"eii ally rc iiiai eiii"iv` ee wiuiouL a aL
any time for cause (see Section 18 for definition of cause). When suspensions are
imposed by Department Heads, said action shall be reported immediately to the
City Manager and Human Resources.
53
(1) Department Heads may suspend a subordinate employee for not more than
five (5) working days at any one time, and not more frequently than one
such suspension in a thirty (30) day period.
(2) A suspension of not more than thirty (30) working days of any City
employee may be made by or with the approval of the City Manager.
(3) A suspension exceeding thirty (30) days must be approved by the City
Manager.
E. Reinstatement.. With the approval of the City Manager, a regular or probationary
employee, who has separated from employment with a good record, except for
layoffs, may be reinstated within six (6) months of the effective date of
resignation, to a vacant position in the same or comparable class, provided they
meet the minimum qualifications for the classification. (See Section 8.E.)
54
SECTION 14
SEPARATION FROM THE SERVICE
A. Discharge. A regular employee may be discharged by the appointing authority
for cause. An employee may likewise be dismissed when off -the job conduct
either creates a conflict with the employee's work for the City or evidences an
obvious unfitness to perform the duties of an employee. Whenever an employee
is convicted of driving under the influence of alcohol or drugs, this shall be
considered a prima facie indication of unfitness if part of the employee's duties
involves operating a vehicle. Any employee who may be discharged shall be
entitled to due process as provided in the Personnel Ordinance and these Rules.
B. Lay-off and Seniority Polio
It is recognized that when it is necessary to reduce City employment due to
outsourcing, fiscal constraints, reductions in revenue, reorganization, reductions
in municipal services, or reduction in the demand for municipal service, such
action and its implementation except as qualified herein, shall be at the sole
discretion of the City. The City Manager may lay-off any employee in the
classified service because of material change in duties or organization or shortage
of work or funds. The City Manager shall notify Human Resources of the
intended action who, in turn, shall notify the affected employees and employee
organization in accordance with this Policy.
When it is deemed necessary to reduce City employment by layoff, the layoff
procedures shall protect the right of the City to retain qualified employees, while
recognizing the seniority of affected employees as outlined below.
Lay-offs shall occur by classification within department. The department head,
wiAll approval of the City Manager, shall determine the classification, number of
positions to be affected within the department, the lay-off date, and shall notify
Human Resources and the affected employee organization in writing at the
earliest possible date.
This Policy and the procedures outlined herein apply to all employees in the City
of Morro Bay whose posons may be eliminated as outlined above.
1. Definitions
a) Lay-off. An action caused by a reduction of authorized, budgeted
positions wherein an employee is laid -off from the work force for
economic reasons only. The term "Lay-off' shall include removal from
City employment or reassignment to a former or other class pursuant to
this Policy.
LN t�i
U) k ia�011IUatloii. iu� Jvv Liu aiid jov deSCriptioiu are sue %,Ity J Official
description of the representative duties, responsibilities and employment
qualifications of a job. Classification means one or more regular positions
grouped according to the duties and responsibilities assigned to a specific
55
job title. A Classification Series consists of a grouping of two or more job
classes performing similar work, but at different levels of responsibility,
difficulty and pay. (i.e. Worker, Senior Worker, Lead Worker)
c) Seniority. Seniority for the limited purposes %J this policy shall be
measured from the time an employee was first granted permanent status in
the employee's current classification, subject to the following:
(1) Service time shall be given only for continuous service with the
City of Morro Bay in all regular classifications served.
(2) Continuous unbroken time worked includes time during which
the employee was absent with pay. Approved leaves of absence
without pay shall maintain the continuity of employment, but the
duration of the leave shall be deducted from the total continuous
time period except as provided by State and/or Federal law.
(3) In cases where there are two or more employees in the
Classification from which the lay-off is to be made who have the
same seniority date, such employees shall be laid off on the
following basis: 1) (safety only) test score, provided that they took
the same test on the same date, 2) total City seniority, 3) by lot.
(4) For bumping purposes only, seniority shall be calculated by
adding service time in the higher classification(s) to service time in
the classification to which the employee is attempting to bump.
d) Bumping Rights.
(1) Bumping rights or bumping shall mean the right of an
employee, based upon the seniority as defined above in section c,
(4)
(2) Subject to d, (3) below, an employee shall be permitted to
bump into a classification where he/she previously held regular
permanent status. Bumping may occur only in the case where the
employee has seniority over the person being bumped. Bumping
shall also be permitted to lower level positions in the same
classification series. Title changes will not disqualify an employee
from bumping if the position is substantially the same as
determined by the City Manager.
(3) No employee shall have the right to bump into a classification
for which the employee does not possess the minimum
qualifications for the classification, such as specialized education,
training, certifications, knowledge, skills and abilities.
(4) An employee who is bumped shall have the same rights as
provided herein and shall be considered laid -off for the purposes of
this Policy.
2. Scope and Order of Layoff. Layoff shall occur within a job classification and
division in inverse order of seniority in the following order of employee
status:
56
a) Contract
b) Provisional
c) Probationary
d) Regular employees (regular part-time employees' service time shall be
prorated for the purposes of computing seniority).
3. Notification.
a) In the event the City anticipates a lay-off covered by this Policy, the
City will notify the employee organization 15 calendar days prior to notice
being given to employees pursuant to section 3 (c) below of its intent prior
to making any such lay-offs.
b) Prior to formal announcement of lay-offs, the City shall meet and
confer with the employee organization concerning the impact of the lay-
off decision. Nothing in this section relinquishes the City's right to lay-off
employees. The City shall, upon request, explain the rationale/need for
the lay-offs.
c) Employees subject to lay-off shall be given at least forty-five (45)
calendar days' advance notice in writing. A lay-off notice shall include
the following information:
(1) Reason for lay-off
(2) Effective date of the lay-off
(3) The employee's calculated seniority date
(4) Classes to which the employee may request displacement
within the City
(5) A copy of this Policy.
d) An employee who has bumping rights shall notify the Personnel
Officer within ten (10) working days after notice of lay-off of his/her
intention to exercise bumping rights.
4. Reemployment.
a) Employees who are laid off shall have their names placed on a
reemployment eligibility list for their current classification or a
classification in which they previously held permanent status. The City
shall maintain the list as long as any employee is in laid -off status or one
(1) year, whichever occurs first (see Section 8. D).
b) Reemployment Eligible List: The reemployment eligible list shall
consist of the names of employees and former employees having
probationary or regular status who have been laid off or whose positions
have been reallocated as a result of reclassification. The affected
employee shall be placed on the reemployment eligibility list. Such lists
shall take precedence over all eligibility lists.
c) The Personnel Officer shall make every effort to place an employee
w1
1_10
has Lueerlaid otf u.a vaCailL pOS'4LIU1 i Fu.. r WHICH
uLc,. s,.uL e
iS gi.iau>>e
during the life of the reemployment list.
d) An employee, whose name is active on the reemployment list and was
employed with the City in a permanent position for at least three
57
consecutive months prior to lay-off, shall be eligible to apply for any
promotional recruitment.
e) To the extent feasible, the City will utilize re-employment lists when
filling temporary and/or contract employee opportunities.
5. Voluntary Demotion in lieu of Lay-off.
a) An employee scheduled for lay-off may voluntarily demote to a vacant
lower class, provided the employee possesses the minimum qualifications
for the lower position, as determined by the Personnel Officer.
b) Employees may also demote to any previously held vacant position,
provided that position is vacant, wherein their performance in that position
has been documented to be satisfactory.
c) To be considered for voluntary demotion in lieu of lay-off, an
employee must notify Human Resources in writing of this election no later
than ten (1) working days after receiving the notice of lay-off.
6. Interpretation. Differences regarding interpretation of this policy shall be
determined by the City Manager,
C. Resi nation. An employee wishing to leave the classified service in good
standing, shall file with the appointing authority, a written resignation stating the
effective date and reasons for leaving at least two weeks before leaving the
service, unless such time limit is waived by such official. A statement as to the
resigned employee's service performance and other pertinent information shall be
forwarded to Human Resources. Failure to give notice as required by this Rule
may be cause for denying future employment by the City.
D. Retirement. Whenever an employee meets the conditions set forth in the City's
retirement plan regulations, they may elect to retire and receive benefits earned
under the retirement plan.
SECTION 15
MISCELLANEOUS RULES
A. Political Activity. The City prohibits all officers and employees from engaging in
political activities during work hours and from using his/her office or position to
influence any vote or promote, propose, oppose, or contribute to any political cause or
candidate. An officer or employee of the City shall not knowingly solicit political
contributions from other City officers or employees unless done incidentally to a
solicitation of a larger segment of the public which may include officers or employees
of the City. No City officer or employee shall participate in political activities of any
kind while in uniform.
Political activities are prohibited on all City premises with the exception that political
activities may take place at a City -owned facility when said facility has been rented
for the occasion.
B. Gifts and Gratuities. No employee shall accept, receive or solicit any gift, gratuity,
present, property or service of any kind, nature or value, including but not limited to
money, loans, travel, entertainment, apparel, hospitality, or promises of preferential
treatment of any kind, which may be directly or indirectly offered as a result of, or
anticipation of said employee's position or performance of duties with the City.
Inappropriate gifts and gratuities must be rejected firmly but tactfully so that the good
intentions of the giver are properly acknowledged.
It is not the intent of this policy to prohibit the expressions of general appreciation,
such as advertising and promotional pens, calendars, and other items of negligible
value which are circulated widely, including small boxes of candy at holidays which
are presented to an entire department and not to individuals.
Any questions regarding the appropriateness of a gift should be referred to the City
Manager within 24 hours of the receipt thereof. The City Manager's decision shall be
final.
C. Outside Employment. No employee shall engage in outside employment or
enterprise for compensation which is in conflict with their municipal duties or
responsibilities, or the department by which he/she is employed, or which will lessen
their efficiency or effectiveness as a City employee.
1. Determination of Inconsistent Activities. Each Depart
ment Head, subject to
the City Manager's approval, may determine the consistency or inconsistency
of outside employments, activities or enterprises with City employment.
Authorization to engage in outside employment or activities for compensation
is subject to revocation by the Department Head or City Manager without
cause. Outside employment, activity, or enterprise shall be prohibited if it:
59
i. Involves the use or advantage of City time, facilities, equipment,
supplies, or the badge, uniform, City -issued business cards, prestige,
authority or influence or his/her City office or position;
Involves receipt or acceptance by the City employee 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 of hours
of his/her City employment or as a part of his/her duties as a City
employee; or
iii. Involves the performance of an act in other than the capacity of the
City employee, which act may later be subject directly or indirectly to
the control, inspection, review, audit or enforcement of any other
officer or employee of the City
2. Use of Cit�Equipment prohibited. No City -owned equipment, vehicles, tools,
supplies or any other item shall be used by any employee while the employee
is engaged in any outside employment or activity, or for personal use.
3. Violations and Penalties. Any violation of these provisions respecting outside
employment or activity and use of City property shall constitute sufficient
grounds for disciplinary action, including termination of the employee from
the City service.
D. Drug and Alcohol -Free Workplace.
1. No City employee shall bring to the workplace alcohol or illegal drugs, nor
shall any employee report to work under the influence of alcohol or any illegal
drug, nor may any employee whose duties include driving receive a
conviction for driving under the influence of alcohol or drugs. The City has
a Separate Drug and Alcohol Free Workplace Policy, which contains a
prohibition on alcohol, illegal drug use, and the use and abuse of legal drugs
in the workplace, when reporting to work, and when on-call.
2. Violation of the Drug -Free Workplace policy shall be grounds for disciplinary
action up to and including termination.
3. Any employee convicted of a drug crime shall immediately notify his/her
supervisor, not later than five (5) days after any such conviction. Failure to do
so will constitute grounds for disciplinary action up to and including
termination.
4. Searches: In order to promote a safe, productive, and efficient workplace, the
City has the right to search and inspect all City property, as provided in
Section 15(G) of these Rules. Except as otherwise provided in a current
Memorandum of Understanding, or as modified for City employees who
operate a commercial vehicle as defined by the Omnibus Transportation
Employee Testing Act or other safety -sensitive employees, the City has
discretion to test a current employee for drugs or alcohol in the circumstances
outlined in the City's Drug -Free Workplace Policy.
E. Reasonable Accommodations and Fitness -for -Duty Medical, Physical, and/or
Psychological ical Examinations.
1. Reasonable Accommodations. The City provides employment-related
reasonable accommodations to qualified individuals with disabilities within
the meaning of the California Fair Employment and Housing Act and the
Americans with Disabilities Act. An employee who desires a reasonable
accommodation in order to perform essential iob functions should make such
a request, preferably in writing, to the Human Resources Department. The
request should identify the job-related functions at issue and the desired
accommodations. The City will conduct an interactive meeting with disabled
employees desiring a reasonable accommodation to discuss possible
reasonable accommodations. The City then determines whether a reasonable
accommodation exists, and if so, the reasonable accommodation to be
provided.
2. Fitness -for -Duty Examinations. The City Manager or a designee may require
an employee to submit to a fitness -for -duty examination to determine if the
employee is able to perform the essential functions of his or her job when
there is significant evidence: 1) the employee appears to be unable to perform
or has difficulty performing one or more essential functions of his or her job;
and 2) there are reasonable grounds to question the employee's ability to
safely or efficiently complete work duties.
A City -selected health care provider will examine the employee at City
expense. The City will provide the heath care provider with a letter requesting
a fitness -for -duty examination limited to the employee's job-related functional
limitations and a written description of the essential functions of the
employee's job. The health care provider will examine the employee and
provide the City with information regarding whether the employee is fit to
perform essential job functions and if the employee's continued employment
poses a threat to the health and safety of him or herself or others. Should the
health care provider exceed the scope of the City's request and provide
confidential health information, the City will return the report to the health
care provider and request another report that includes only the non -
confidential fitness -for -duty information that the City has requested.
The City may require an employee to undergo an examination by a City -
designated physician, psychiatrist or psychologist if the employee does not
submit a certificate of employability from the treating physician before
61
returning to work after taking any leave due to injury or illness.
3. Determination. After receipt of reasonable documentation, the City will meet
with the employee to fully consider all feasible potential reasonable
accommodations. The purpose of the discussions will be in good faith to fully
discuss all feasible potential reasonable accommodations. After the
discussions, the City will determine, in its sole discretion, whether reasonable
accommodation can be made and the type of accommodation to provide. The
City will not provide accommodation that would pose an undue hardship upon
City finances or operations, or that would endanger the health and safety of
the employee or others. Employees unable to perform the essential functions
of their position, with or without reasonable accommodation, may be subject
to termination.
F. Workplace Violence Prevention Policy_ The City is committed to providing a
working environment that is free from violence or the threat of violence, or abusive
conduct (up to and including bullying). Accordingly, there is "zero tolerance" for any
acts of intimidation, threats, actual or perceived, or any form of violence against an
employee, a member of the public or the property of either, even if it was intended to
be harmless, humorous, a prank or venting. All threats and acts of violence will be
investigated with the understanding that any such conduct may result in criminal
prosecution and/or discipline up to and including termination.
1. Definitions:
i. "Violent Act": An aggressive physical behavior or force exerted for
the apparent purpose of harming, intimidating, damaging or abusing
others, or damaging property. Specific examples include, but are not
limited to:
1. Striking, punching, slapping, kicking, or otherwise physically
assaulting another person, including dangerous or threatening
horseplay;
2. Fighting or challenging another person to fight;
3. Grabbing, pinching, or touching another person in an unwanted
manner, whether sexually or otherwise;
4. Physically or verbally threatening harm to another person, or
any action or conduct that implies or would lead a reasonable
person to fear bodily harm;
5. Loud, disruptive, or angry behavior or language;
6. Blatant or intentional disregard for the safety or well-being of
others;
7. Encouraging or inciting an employee to engage in prohibited
activities, or uttering "fighting words" or language calculated
to incite violence;
8. Stalking;
9. Harassing or threatening phone calls;
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10. Possession of weapons at any City workplace or property or in
any City vehicle, unless specifically required for work-related
purpose or authorized and approved by the City Manager or as
authorized pursuant to State law. Employees who have legal
authority to carry a weapon, except sworn members of the
Morro Bay Police Department, shall notify the Department
Head in writing of what type of weapon is being carried.
Employees with legal authority to carry a weapon violate this
policy if they: accidentally discharge or lose their weapon, use,
threaten to use, or display the weapon; or violate any law
related to carrying a legal weapon while engaged in City
business.
ii. "Workplace Violence": Any conduct or verbal expression that causes
an individual to reasonably fear that a violent act will be committed.
Such threats include those conveyed in person, through a third party,
or through other forms of communication including, but not limited to,
telephone, email, other forms of electronic communication, and print
media.
2. All City employees are responsible for immediately notifying their supervisor
or manager of any threats which they have witnessed, received, or have been
told that another person witnessed or received. Even without an actual threat,
City employees shall also report any behavior they have witnessed which they
regard as threatening or violent, when that behavior is job related, might be
carried out on City property, or is connected to City employment. Employees
are responsible for making this report regardless of the relationship between
the individual who initiated the threat or threatening behavior and the person
or persons who are threatened or were the focus of the threatening behavior. If
the supervisor or manager is not available, employees should report the threat
to the Department Head or another member of the management team
immediately.
employee acting in good faith that initiates a complaint or report
s an
incident under this policy will not be subject to retaliation or harassment.
However, any employee who makes a report under this Policy, which the
employee knows or reasonably should know is false, may be subject to
disciplinary action.
4. Employees who have a signed restraining order, temporary or permanent,
against an individual due to the potential of a violent act, and who would be in
violation of the order by coming near them while at work, shall immediately
supply a copy of the signed order and proof of service to the Morro Bay
Police Department, the City Attorney's Office, Department Head, and Human
Resources Director.
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5. The Human Resources Director or his/her designee, along with the
Department Head, shall determine the immediate response needs and provide
direction to the department by gathering and assessing the facts of the
incident. Any report of a violent act or threat of violent act by a City
employee will be thoroughly investigated, however, the appointing authority
may decide to take immediate action without investigation based on the
exigency of the violent act or threat of an imminent violent act. Incidents
involving a possible violation of the law shall be reported to the Police
Department for criminal investigation.
G. Cit�ghts to Maintain Jurisdiction Over Work Areas Utilized by Employees
1. Employee work areas are defined as the property of and open to the City.
2. Employee work areas which include, but are not limited to, City vehicles,
desks, offices, cabinets, bookcases, lockers, and other places under the
common or joint control of the City and employees are subject to inspection
and control by the employer. No employee has any expectation of privacy in
any City building, property, or communications system.
3. City property, equipment, or communications systems may be monitored and
searched at any time and for any reason. Messages sent or received on City
equipment including cell phones, computers, email accounts, desktops, City
network, or texts may be saved and reviewed by others. As a result, City
employees have no expectation of privacy in the messages sent or received on
City property, equipment, or communications systems. Further, all employees
assigned City communications equipment have no expectation of privacy as to
the data residing in telecommunications devices or voicemail and are
prohibited from using the camera function on any City cellular phone, except
as authorized by a supervisor for work-related purposes.
4. While employees may bring personal items to work, the City maintains its
right to inspect and disapprove the bringing of certain items to the workplace.
The City also does not guarantee the safety of personal items brought to the
workplace from damage or theft, except as expressly provided in the
applicable Memorandum of Understanding, Agreements, Contracts,
Administrative Policies, or these Personnel Rules and Regulations.
SECTION 16
TRAINING OF EMPLOYEES
A. Training, Human Resources and Department Heads may prepare and conduct
appropriate training programs within budget constraints. Such programs may
include lecture courses, demonstrations, assignment of reading matter or such
other devices as may be available for the purpose of improving the effectiveness
and broadening the knowledge of municipal employees in the performance of
their respective duties. There shall be no right to additional training.
B. Credit for Training. Participation in and successful completion of special training
courses may be considered in making advancements and promotions. However,
all advancement and promotional decisions are based on merit and training credit
will not confer a right to promotion. Evidence of such activity shall be filed by
the employee or department with the Personnel Officer and placed in the
employee's file.
C. Seminars and Conferences. Employees shall be encouraged to continue their
professional development through attendance at approved seminars and
conferences subject to the following conditions
1. The conference should be a budgeted item when possible and must be of
direct benefit to the City.
2. Approval to attend the conference shall be requested from the appointing
authority, preferably one month in advance of the travel date.
SECTION 17
REPORTS AND RECORDS
A. Employee Records. Human Resources shall maintain a service record for each employee
in the service of the City, showing the name, title of position held, the department to
which assigned, salary, changes in employment status, residence data, and such other
information as may be considered pertinent. Personnel records are the property of the
City and access to the information they contain is restricted in accordance with the law.
Personnel records shall be kept at City Hall.
B. Change -of -Status Report. Every appointment, transfer, promotion, demotion, change of
salary rate, and other temporary or permanent change in status of employees shall be
reported to Human Resources in such manner as may be prescribed. Each employee is
responsible to promptly notify Human Resources of any changes in relevant personal
information, including: mailing address, telephone number, emergency contacts, and
number and names of dependents.
C. Public Information. It shall be the responsibility of Human Resources to preserve the
confidentiality of all records placed under the custodianship of the Human Resources
Department. Upon request, the City will release to the public information about its
employees as required by the Public Records Act and any other applicable laws. The
City will not disclose personnel information if it believes doing so would constitute an
unwarranted invasion of personal privacy or is inconsistent with other legal standards.
D. Employee Access. Every employee may inspect their own personnel file and every
document therein at reasonable times and at reasonable intervals. An employee who
wishes to review his/her filed should contact the Personnel Officer to arrange an
appointment. The review must be done in the presence of an employee of the Human
Resources Department and, under no circumstances is the employee or his/her designee
permitted to add or remove any document or other item from the personnel file during the
inspection.
On request, an employee is entitled to receive a copy of any employment-related
document he or she has signed. The City may charge the employee for the actual cost of
reproducing the copy.
SECTION 16
DISCIPLINARY AND APPEALS PROCEDURES.
A. Basis for Disciplinary Action. The tenure of every City employee in the classified
service shall be based on standards of personal conduct and job performance that are
consistent with the efficient and effective delivery of public services. Failure to meet
such standards may be grounds for disciplinary action.
This Section shall not apply to the following categories of persons who can be terminated
at -will and have no rights to any of the pre- or post -disciplinary processes or procedures
in this Section, regarding Disciplinary and Appeals Procedures: (1) interim or temporary
employees; (2) provisional or seasonal employees; (3) probationary employees; (4)
reinstated employees; (5) employees serving in acting appointment and who may be
returned to their original position at -will; (6) any person who serves pursuant to contract;
(6) any person who is designated "at -will" or included in the unclassified service in any
City policy, document, acknowledgement, resolution or ordinance.
B. Causes for Disciplinary Action. Disciplinary action, including, but not limited to, written
reprimand, demotion, suspension, or dismissal of any employee, may be based upon any
of the following grounds. The purpose of specifying these causes is to alert regular
employees to the more commonplace types of disciplinary issues. However, this list is
not all inclusive, and there may arise instances of unacceptable behavior not included in
this list:
1. Dishonesty, including fraud or the submission of false information related to
employment application, payroll, or any work-related record or report,
2. Incompetency, inefficiency, neglect in the performance of duties, including
failure to perform assigned tasks or training, or failure to discharge duties in a
prompt, competent, and reasonable manner,
3. Drinking of alcoholic beverages on the job, or reporting for work under the
influence of alcohol, illegal drugs, other controlled substances, or use acid abuse
of legal drugs as stated in the City's Drug -Free Workplace Policy.
4. Insubordination, including refusal to accept reasonable and proper assignment
from an authorized supervisor,
5. Refusal or inability to improve job performance in accordance with writt
en or
verbal direction,
6. Improper or unauthorized use or abuse of sick leave,
7. Excessive absenteeism that precludes reasonable availability for assigned duties,
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8. Absence without authorized leave; repeated tardiness to assigned work station;
leaving assigned work without authorization; failure to report to work after a
leave of absence has expired, or after a leave has been disapproved or revoked,
9. Misconduct, willful or negligent violation of the personnel rules, regulations,
resolutions or other related ordinances, including written departmental rules,
regulations, and policies, or as may be established by a supervisor or the City
Manager,
10. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a
verdict of guilty, or a conviction following a plea of nolo contendere, to a
charge of a felony or any offense involving moral turpitude is deemed to be a
conviction,
11. Conviction of driving under the influence of alcohol or drugs.
12. Suspension of driver's license where job duties require driving,
13. Discourteous treatment of the public or fellow employees or disorderly conduct
on City property or on City business including fighting, using profane or
abusive or threatening language towards others,
14. Careless, negligent, or improper use of City property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property,
15. Participation in an illegal strike, work stoppage, slowdown, or other job action
against the City,
16. Acceptance of gifts or gratuities in connection with or relating to the
employee's duties,
17. Soliciting outside work for personal gain during the conduct of City business;
engaging in outside employment for any business under contract by the City; or
participating in any outside employment that adversely affects the employee's
City work performance,
18. Engaging in political activities while on duty, in uniform or using the authority
associated with City employment,
19. Violation or neglect of safety rules,
20. Discrimination,
riciudirig harassment, against other employees or niem'ber of
the public on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information,
military and veteran status, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or any other legally protected classification,
21. Taking retaliatory action against persons engaged in protected conduct.
22. Unauthorized release of confidential information or official records,
23. Unlawful conduct on or off duty, or inappropriate conduct, failure of good
behavior during duty hours, substandard job performance and other acts,
including failure to cooperate reasonably with superiors or fellow employees,
which tend to interfere with the reasonable management, operation of the City
or any of its departments or divisions, cause discredit to the City or one of its
operating services, or are incompatible with service to the public.
C. Persons Who May Take Disciplinary Action. The City Manager or any Department Head
or designee may take disciplinary action against an employee.
D. Types of Discipline. The following procedures shall be followed when, in the judgment
of the City Manager or Department Head, an employee has committed an act or omission
that justified the disciplinary action indicated. In the case of any member of the staff of
the City Manager's Office, the City Manager shall, for the purpose of this Section, be
considered to be a Department Head. Except for written warnings/reprimands, the
Department Head or his/her designed shall advise employees of contemplated
disciplinary actions in writing and allow the employee an opportunity to respond to such
charges prior to taking action.
When there exists a serious and imminent risk to the health or safety of any person or
serious injury or less to property, a supervisor shall take immediate action to reduce or
eliminate the danger. In case of emergency, the Department Head may take action
without prior written notice of proposed disciplinary action. In such cases, the notice will
be served within three working says of the action taken in accordance with the City's
Municipal Code. The Personnel Officer must be contacted immediately.
1. Written Reprimand. A written reprimand is an official notification to the
employee containing a description of the events which need improvement in work
performance or behavior, specific expectations of change by the employee, and
notice of further action unless there is an immediate and sustained improvement
in work performance or behavior. A written reprimand may be considered as
pertinent evidence or information in any subsequent hearing.
The Depart
ment Head shall give the employee a copy of the written reprimand
and forward a copy to the Personnel Officer for review and retention in the
employee's personnel file. The employee may provide a written response to the
written reprimand, and the response shall be placed in the employee's personnel
file.
2. Suspension. A Department Head may temporarily suspend an employee without
pay from his/her position. During a period of suspension without pay, an
employee shall not accrue or be allowed to use any other paid time (vacation, sick
leave, CTO, etc.). Unless extended by approval of the Manager, the maximum
period of suspension shall be thirty (30) calendar days.
3. Demotion. An involuntary reduction in pay for disciplinary purposes shall be a
demotion unless it is part of a general plan to reduce salaries and wages or to
eliminate a position in connection with a general economic or curtailment
program.
4. Discharge. Discharge is termination of an employee from City employment for
cause.
E. Proposed Notice of Suspension, Demotion, or Discharge. If the City proposes a
suspension of five days or more, demotion or dismissal, a written notice of proposed
disciplinary action shall be given to the employee, including the following information:
1. The factual basis and violations of rules/regulations for the proposed disciplinary
action.
2. All information relied upon in making the decision to propose disciplinary action.
3. Any rights to respond to the proposed discipline either orally or in writing,
including a pre -disciplinary Skelly conference prior to the imposition of the
suspension, demotion or dismissal.
The proposed notice of suspension, demotion, and discharge will include a date for the
pre -disciplinary Skelly conference that will be overseen by the Department Head. In the
event the Department Head has a conflict and is unable to oversee the pre -disciplinary
Skelly conference, the Director of Human Resources will designate another individual to
oversee the pre -disciplinary Skelly conference. The pre -disciplinary Skelly conference is
intended to be an informal meeting, not a formal or an adversary hearing. The employee
shall not cross-examine a department's witness or present a formal case in opposition to
the proposed discipline. An employee subject to the proposed disciplinary action shall
have the right of representation at the pre -disciplinary Skelly conference, if so requested.
The Depart
ment Head or other designees) overseeing the pre -disciplinary Skelly
conference will review the information received and make a decision to sustain, modify,
or reject the proposed suspension, demotion or discharge. To the extent the final
disciplinary decision includes suspension for five (5) days or more, demotion, or
discharge, a final notice will be provided in accordance with Section 16(F) of these rules.
F. Notice of Suspension, Demotion, or Discharge. If a suspension for five (5) days or more,
demotion or discharge is imposed, a written statement shall be given to the employee of
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the following:
1. The reasons for the disciplinary action.
2. The effective dates) of the disciplinary action.
3. Any rights of appeal.
G. Appeal Procedures. The appeal procedure described herein shall apply to cases of
disciplinary action resulting in a suspension of five (5) days or more, demotion, or
discharge, or grievance appeals affecting the regular employees in the classified service.
It shall not be applicable to those positions which may be deemed exempt by Council
resolution or to probationary employees, nor shall it apply to disciplinary written
reprimands.
1. Employees shall have five working days following receipt of a Final Notice of
Discipline to file a written request to appeal with Human Resources. The request
shall set forth the grounds or basis on the appeal. If the employee involved does
not file said appeal the City's decision shall be final and take effect as prescribed.
2. If, within the five-day appeal period, the employee involved files a written notice
of appeal to Human Resources, the City shall obtain a list of seven hearing officers
from an outside entity and present that list to both counsels for review. The parties
will select a hearing officer by taking turns striking proposed hearing officers off the
list. The party striking first would be decided by the flip of a coin. The remaining
hearing officer would be retained as the hearing officer for the appeal. The cost of
the hearing officer should be evenly split between the parties.
3. A time for an appeal hearing shall be established which shall not be less than ten
(10) working days, nor more than thirty (30) working days, from the date of the
filing of the appeal. All interested parties shall be notified in writing of the date,
time, and place of the hearing at least five (5) working days prior to the hearing.
4. All hearings shall be private unless the appellant requests a hearing open to the
public.
5. The Hearing Officer may, if legally authorized, issue subpoenas at the request of
either party to the commencement of such hearing.
6. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses but hearings shall be conducted in a manner most
conducive to determinations of the truth. Any relevant evidence may be admitted
if it is the sort of evidence on wbich responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of any common law or
statutory rules which might make improper the admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in
71
itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they are
now or hereafter may be recognized in civil actions, and irrelevant and unduly
repetitious evidence may be excluded. Decisions made by the Hearing Officer
shall not be invalidated by any informality in the proceedings, and the Hearing
Officer shall not be bound by technical rules of evidence.
7. The Hearing Officer shall rule on the admission or exclusion of evidence.
8. Each party shall have these rights: to be represented by legal counsel or other
person of his/her choice; to call and examine witnesses; to introduce evidence; to
cross-examine opposing witnesses on any matter relevant to the issues; to
impeach any witness regardless of which party first called him/her to testify; and
to rebut the evidence against him/her. If the respondent does not testify in his/her
own behalf, he/she may be called and examined as if under cross-examination.
9. Oral evidence shall be taken only on oath or affirmation.
10. The hearing shall proceed in the following order, unless the Hearing Officer, for
special reason, otherwise directs:
i. The party imposing discipline shall be permitted to make an opening
statement.
ii. The appealing party shall be permitted to make an opening statement.
iii. The party imposing disciplinary action shall produce the evidence on
his/her part.
iv. The party appealing from such disciplinary action shall produce the
evidence on his/her part.
v. The parties may then, in order, respectively offer rebutting evidence only,
unless the Hearing Officer for good reason, permits them to offer evidence
upon their original case.
vi. Arguments shall be permitted in the discretion of the Hearing Officer.
vii. The Hearing Officer shall determine relevancy, weight, and credibility of
testimony and evidence, and shall base his/her findings on the
preponderance of evidence.
viii. 1juriilg the exaiiiiiiatioii of a witness, all oth
er witnesses, except the
parties, shall be excluded from the hearing upon motion of either party.
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ix. No still photographs, moving pictures, or television pictures shall be taken
in the hearing chamber during a hearing.
x. The Hearing Officer, prior to or during a hearing, may grant a continuance
for any reason he/she believes to be important to its reaching a fair and
proper decision.
xi. The Hearing Officer shall render his/her findings and recommendations as
soon after the conclusion of the hearing as possible and in no event later
than thirty (30) calendar days after conducting the hearing, unless
otherwise agreed upon by both parties. His/her decision shall set forth the
recommendations as to each of the charges and the reasons therefore.
xii. The Hearing Officer may recommend the sustaining or rejecting of any or
all of the charges filed against the employee. He/she may recommend
sustaining, rejecting, or modifying the disciplinary action invoked against
the employee.
xiii. The decision of the Hearing Officer is advisory. The decision shall be
filed with the charged employee, and the City Manager, and shall set forth
all findings and conclusions. If a discharge is not sustained, the decision
shall set forth the recommended effective date the employee is to be
reinstated, which may be any time on or after the date the disciplinary
action went into effect.
xiv. Either the appellant or the City may file written exceptions to the decision,
findings, and conclusions of the Hearing Officer within ten (10) working
days of the Hearing Officer's decision.
xv. A party desiring to contest the decision of the Hearing Officer may request
a transcript for review by the City Council within ten (10) working days of
the Hearing Officer's decision. If the appellant requests a transcript,
he/she shall pay the sum of one hundred and no/100ths ($100.00) dollars
to the Clerk as a deposit at the time the request is made. This amount shall
be applied toward the cost of preparing the record. When the total cost of
the preparation of the record has been ascertained by the Clerk, the
appellant shall pay the amount of the cost thereof within forth -eight (48)
hours after being notified by the Clerk. If the cost of the record is less
than one hundred and no/100ths ($100.00) dollars, any amount in excess
of the total cost shall be refunded to the appellant. The Hearing Officer
shall not be held responsible for faulty taping equipment and the
consequences thereof.
Within thirty (30) working days of: (a) the expiration of the ten-day exception period, or (b) the
filing of exceptions, whichever period is later, the City Council shall review the decision of the
Hearing Officer, any appeals or exceptions filed, and the record, if one is requested by a party.
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The City Council may ratify, modify, or reverse the decision of the Hearing Officer. The
decision of the City Council shall be final.
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