This chapter shall be known as the "Human Resources Ordinance."
(1756 § 1, 1981; 2813 § 1, 2012)
In order to establish an equitable, efficient, and uniform procedure
for dealing with human resources matters, and to place municipal employment
on a merit basis, so that the best qualified persons available shall
be brought into and retained by the service of the City, the human
resources system in this chapter is adopted.
(1756 § 1, 1981; 2813 § 1, 2012)
The City Manager shall appoint a Director of Human Resources in accordance with Section 2.08.100. On behalf of and under the direction of the City Manager, the Human Resources Director shall:
A.
Prepare
and recommend to the City Council, as required, amendments to this
chapter. The City Attorney shall approve the legality of such amendments
prior to their submission to the City Council;
B.
Prepare
a salary plan and revisions thereto as required;
C.
Be responsible
for administration of the following procedures within the framework
of this chapter:
1.
The
formulation of titles and specifications for each class of position
in the competitive service of the City;
2.
The
allocation of positions to classes in the competitive service on the
basis of duties, responsibilities, and requirements;
3.
The
public announcement of vacancies and examinations and the acceptance
of applications for employment;
4.
The
preparation and conduct of examinations and the establishment and
use of eligibility lists containing names of persons eligible for
appointment;
5.
The
certification and appointment of persons from eligibility lists to
fill vacancies and the making of temporary and emergency appointments;
6.
The
evaluation of employees during the probationary period and periodically
thereafter;
7.
The
transfer, promotion, demotion, discipline, and re-employment of employees
in the competitive service;
8.
The
standardization of hours of work, attendance and leave regulations,
and working conditions;
9.
The
development of employees' morale, welfare, training, and safety;
10.
The separation from the competitive service of employees through
layoff and dismissal;
11.
The maintenance and use of necessary records and forms related to
the Human Resources Department;
12.
The establishment and maintenance of suitable methods of effective
communication between employees and their supervisors; between employees
and the City Manager; and between employees and the City Council,
relating to conditions of employment in the City service;
13.
The development of a pay and benefit package for unrepresented employees
and the presentation of this package to the City Council;
14.
The development and administration of the City's Employee Relations
Program consistent with the letter and intent of the state law and
the City's Employee Relations Resolution;
15.
The development and administration of policies that assure an unbiased
work environment and fully protect the rights of each employee;
16.
The conduct of investigations and inquiries into claims of violation
of this chapter and of the City's administrative regulations, resolutions,
policies and procedures as they relate to human resources; and
17.
The performance of any other related duties as necessitated by state
law or action of the City Council.
D.
Administer
all other provisions of this chapter that are not specifically reserved
to the City Council or the City Manager.
E.
Reasonably
interpret and apply the provisions of this chapter.
(1756 § 1, 1981; 2813 § 1, 2012)
Except as otherwise provided in this section, all words and
terms used in this chapter shall have their common dictionary meanings
as same relates to human resources policies and procedures. The following
words and terms, however, shall have the meanings as defined hereinafter:
means the appointment of a person to a classification in
the City service on a temporary basis during which that person will
continue to occupy the position from which he or she was appointed,
if any.
means the assignment of a single position to its proper class
in accordance with the duties exercised, and the educational and experience
requirements; or, the assignment of a class to a salary range or rate.
means the head of a department. For purposes of this chapter,
the City Manager is the department head of the office of the City
Manager.
means the employment of a person in a position.
means those classes designated by resolution of the City
Council as having an employment relationship in which the City has
the absolute discretion and authority to terminate the relationship
for any reason or no reason at all.
means those positions in the City service that have been
authorized by City Council action.
means the salary range and step established in a salary resolution
by the City Council exclusive of any overtime, shift-differential,
incentive, or other type of premium pay an employee may receive.
means a position designated by the City Council in the benefited
part-time authorized position list.
occurs when an employee is unexpectedly ordered by his or
her department to return to duty, following the termination of his
or her normal work shift or work week and departure from his or her
work location, because of unanticipated work requirements.
means the designation by City Council resolution of a group
of positions sufficiently similar in duties, authority, responsibilities,
and minimum qualifications for employment to permit combining them
under a single title and the equitable application of common standards
of selection and compensation.
means the designation of a title for each class, together
with the specifications for each class as prepared and maintained
by the Human Resources Director.
means a written description of a class, setting forth the
essential characteristics, knowledge, skills, abilities, and requirements
of positions in the class.
means time taken off, with pay, from work, in lieu of overtime
pay previously accrued by the employee.
means compensation, in lieu of compensatory time off, at
an hourly rate based on an employee's base salary rate.
means all positions in the City service except those positions and persons set forth in Section 2.44.050. Appointment to a position in the competitive service requires an open and competitive selection process.
means the employment without break or interruption of an
employee having a probationary or regular appointment. A break or
interruption in continuous service shall be construed as a severance
of the employee from his or her employment initiated by either the
City or the employee for periods of more than 15 consecutive calendar
days.
means the voluntary or involuntary reduction of an employee
from a position in one class to a position in another class having
a lower maximum salary rate, other than by failure of promotional
probation.
means the involuntary separation, including layoff, of an
employee from the City service.
means a person occupying a position in the City service.
means those classes of positions that, by the nature of the
job requirements, do not earn overtime. These classes include, but
are not limited to, department heads, division heads, assistant department
heads, and those classes deemed by the Human Resources Director to
be exempt from the overtime requirements of the Fair Labor Standards
Act.
means a position designated by the City Council in the authorized
position list as being full-time.
means a regular, full-time employee who is off work at least
six months consecutively due to an industrial injury or disability.
means the designation given to overtime of less than 15 minutes
that is nonrecurrent.
means a full-time position designated in the authorized position
list as intending to have a total duration of one, two, or three fiscal
years at the conclusion of which the position ceases to exist and
the person occupying the position, if any, shall be laid off.
means the increase of an employee's salary within the salary
range established for the class of position he or she occupies as
a result of satisfactory job performance in such position.
means the time that an employee is required to work beyond
the number of hours prescribed for a full-time employee in that classification
in a week.
means a position not designated by the City Council as a
benefited part-time position and is, in the sole discretion of the
Human Resources Director, intended as having a work week of less than
an average of 20 hours.
means a full-time or part-time position, which is expected
to exist indefinitely.
means a combination of duties and responsibilities assigned
to a single employee and performed on either a full-time or part-time
basis.
means the probationary employment of a person. A probationary
appointment is for a specified period, during which job performance
is evaluated as a basis for a subsequent regular appointment.
means an employee who is serving an initial probationary
period.
means a working test period that is part of the selection
process. As used in this chapter, the term "initial probationary period"
means an employee's first probationary period during continuous City
employment.
means the advancement of an employee from a position in one
class to a position in another class having a higher maximum salary
rate.
means the reassignment of a position from one class to a
different class in accordance with a re-evaluation of the minimum
qualifications, duties, and responsibilities of the position.
means the appointment of a person to a permanent budgeted
position. A regular appointment follows successful completion of a
probationary period and signifies satisfactory performance of duties
and responsibilities in the position to which the employee is assigned.
means an employee who has successfully completed the initial
probationary period in a permanent budgeted position.
means appointing a person to a permanent position allocated
to a class in which he or she previously held regular status and from
which he or she was separated in good standing no more than one year
prior to the new appointment date.
means the involuntary separation from the City service of
an employee who does not successfully complete his or her initial
probationary period or an employee who does not complete his or her
probationary period in a position in a different class to which he
or she has been involuntarily demoted, or the return to prior class
of an employee who does not successfully complete his or her probationary
period in a position in a different class to which he or she has been
promoted, transferred, or voluntarily demoted.
means the voluntary separation of an employee from the City
service.
means the future 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 increase within the salary
range established for the class of position he or she occupies.
means the assignment by City Council resolution of salary
ranges and/or salary rates to each class.
means the range of salary rates for a class.
means the dollar amount of each step in a salary range; or
the flat dollar amount for a class not having a salary range.
means the minimum through maximum salary increments of a
salary range.
means that an employee who is released from duty is required
by his or her department to leave notice where he or she can be reached
and that he or she be available to return to duty when required. "Standby
duty" requires that an employee (1) be ready to respond immediately;
(2) be reachable by phone; (3) be able to report within a specified
period of time; and (4) refrain from activities that might impair
his or her ability to perform assigned duties.
means a person who has been appointed to a temporary position
or to a permanent position for a limited period.
means a full-time or part-time position designated by the
appointing authority as intending to have a duration of less than
one year.
means the separation of an employee from the City service
because of retirement, resignation, death, or dismissal.
means the official name applied to a class and to each position
allocated to the class, and to the incumbent of each position.
means a change of an employee from one position to another
position in the same class, or in another class having substantially
the same maximum salary rate, involving the performance of basically
similar duties, and requiring substantially the same minimum qualifications.
means an employee's salary is frozen at the present level
until such time as subsequent general salary increases cause the salary
range for the employee's class to catch-up or exceed the employee's
salary at the "Y" rate.
(1756 § 1, 1981; 2813 § 1, 2012)
The following officials and employees are excluded from the
competitive service of the City:
A.
Elective
officers;
B.
Members
of appointive boards, commissions, and committees;
C.
Persons
engaged under contract to supply expert, professional, or technical
services;
D.
Volunteer
personnel who receive no regular compensation from the City;
E.
Persons
appointed to a position in a class that is designated by City Council
resolution as an "at-will" class;
F.
Temporary
employees; and
G.
Employees
in part-time unbenefited positions.
(1756 § 1, 1981; 2813 § 1, 2012)
All appointments to positions within the competitive service of the City shall be made according to merit and fitness to be ascertained as far as practicable by the selection process and shall comply with Sections 2.44.070 through 2.44.130.
(1756 § 1, 1981; 2813 § 1, 2012)
Whenever an appointing authority wishes to fill a vacant position
in the competitive service, he or she shall submit a written request
to fill the vacancy to the Human Resources Director, which then must
be approved by the City Manager.
(1756 § 1, 1981; 2813 § 1, 2012)
When a request by an appointing authority to fill a vacant position
in the competitive service has been approved, the Human Resources
Director shall forward to the appointing authority an eligibility
list of persons eligible for appointment to the vacant position.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Below
level of department head. All appointments in the competitive service
below the level of department head shall be made by the appointing
authority subject to the approval of the Human Resources Director
and in accordance with the rules of the City Council as established
by ordinance and resolution. An appointing authority shall appoint
only from among those persons who have been certified to them by the
Human Resources Director as being eligible for the particular class
of employment. Appointments shall be made in writing on forms prescribed
by the Human Resources Director. Copies of the appointment, signed
by the appointing authority and approved by the Human Resources Director,
shall be delivered to the Finance Director before payment shall be
made to any employee occupying a position in the competitive service.
(1756 § 1, 1981; 2813 § 1, 2012)
In accordance with this Code, an employee may be assigned by the appointing authority, with the approval of the Director of Human Resources, to serve in an acting capacity as defined in Section 2.44.040. An acting assignment shall not exceed a period of six months unless the Director of Human Resources extends an acting assignment for a maximum of another six months. The employee so acting shall continue to retain previous anniversary date and his or her advancement in his or her previous position shall be determined the same as if he or she had not been assigned to another position in an acting capacity. An employee shall no longer hold an acting assignment whenever another person is appointed to the position in which he or she served in an acting capacity or whenever the appointing authority terminates such acting assignment.
(1756 § 1, 1981; 2813 § 1, 2012)
A temporary appointment may be made, subject to the approval
of the Human Resources Director, of a qualified person for not more
than one year.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Whenever
a temporary employee or regular employee serving in an acting assignment,
serving without a break in service, is, upon the recommendation of
his or her appointing authority and approval by the Human Resources
Director, given a probationary appointment to a position in the same
class in the City service, the probationary period may be computed
from the initial date of said temporary appointment or acting assignment.
B.
The
provision in this section pertaining to eligibility for advancement
within a salary range shall not apply when a temporary employee in
a class received, without break in his or her continuous City service,
a probationary appointment to a permanent position in a different
class having a higher salary range. The salary anniversary date of
such appointee shall be the date of this probationary appointment
to the new position.
(1756 § 1, 1981; 2813 § 1, 2012)
Prior to appointment to a position in the competitive service,
a person may be required to pass a medical, psychological, and/or
physical examination to the satisfaction of the Human Resources Director.
The scope and type of examination is to be determined by the Human
Resources Director. If a person fails to pass such an examination,
he or she may be disqualified from consideration for employment. All
such preemployment examinations shall be conducted at City expense.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
City
council authority to specify. The number and classification of full-time
permanent positions in the various City departments and offices shall
be set forth by resolution of the City Council. The City Council may
increase or decrease by official action the number of positions in
any department or office. Appointments to full-time permanent positions
shall not be made in excess of the number of full-time positions allowed
by official action of the City Council.
B.
Authorization
to maintain reserve police force. The Police Chief is authorized to
maintain a reserve police force not to exceed in size at any time
the total number of authorized full-time permanent sworn positions
in the Police Department.
C.
Authorization
to establish limited term positions. Limited term positions may be
authorized by City Council action and shall specify a term of one,
two, or three fiscal years. Appointments to limited term positions
shall be made in the same manner as for regular positions. Limited
term positions accrue all benefits and salary increases the same as
full-time and part-time permanent positions for the duration of the
position.
(1756 § 1, 1981; 2813 § 1, 2012)
The establishment of salary ranges and salary rates and the
allocation of classes thereto shall be by City Council resolution.
(1756 § 1, 1981; 2813 § 1, 2012)
(1756 § 1, 1981; 2813 § 1, 2012)
Except as otherwise provided by this chapter, all new employees
shall be appointed at the first step of the salary range for the particular
class in which the appointment is made. The Human Resources Director
may authorize the appointment of a new employee at the first, second,
or third step of the salary range for the particular class in which
the appointment is made. The City Manager may authorize that a particular
position be filled at any step within the salary range.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Initial
probationary period. Every person receiving an appointment to a permanent
or limited term position in the competitive service shall be required
to serve an initial probationary period of one year, commencing on
the date of appointment, except sworn police personnel, whose initial
probationary period shall be 18 months commencing on the date of appointment.
B.
Probationary
period following promotion.
1.
Regular
employee. A regular employee who is promoted to a position in which
he or she has not previously passed probation shall serve a probationary
period of six months in the new position to which he or she has been
promoted, commencing on the date of such promotion, except as follows:
2.
Probationary
employee. A probationary employee who is promoted to a position in
a class with a higher salary range shall complete the probationary
period of six months required of employees with regular status who
have been promoted, except as follows:
C.
Effect
of leave of absence on probationary period. Any absence exceeding
15 consecutive calendar days shall cause the employee's probationary
period to be extended by the number of calendar days for which such
absence has been granted, less the first 15 calendar days of such
leave.
D.
Extension
of probationary period. An appointing authority may extend, without
the employee having the right of appeal or hearing, the probationary
period of a probationary employee for up to six months.
E.
Rejection
of employee during probationary period.
1.
Probationary
employee. A probationary employee may be separated from City service
at any time during the probationary period at the sole discretion
of the appointing authority with the approval of the Human Resources
Director without right of appeal or hearing.
2.
Regular
employee-promotion. When a regular employee fails his or her promotional
probation, the employee shall have the right to return to his or her
former class and position. When an employee is returned to his or
her former class and position under the provisions of this section,
the employee shall serve the remainder of any uncompleted probationary
period in the former class. If the employee's former position is no
longer vacant the employee shall have the right to return to a class
in his or her former occupational series closest to, but no higher
than, the salary range of the class which the employee occupied immediately
prior to promotion and shall serve the remainder of any probationary
period not completed in the former class.
3.
Regular
employee-voluntary demotion. A regular employee voluntarily demoted
to a position in another classification and who is rejected from this
position during the probationary period prescribed in this chapter
shall be restored to the position from which he or she was demoted
or to any other class with substantially equivalent salary.
F.
Application
of probationary status to reinstated employees. A person reinstated
in the same or a lower level classification within the same classification
series, who held regular status and who was separated in good standing,
shall not be required to serve a probationary period if such reinstatement
occurs within one year from the date of separation.
(1756 § 1, 1981; 2813 § 1, 2012; 2829 § 1, 2013)
Advancement within a salary range shall be authorized only after
the affirmative recommendation of the appointing authority and with
the approval of the Human Resources Director. Such recommendation
may be made only on the basis of satisfactory job performance. The
City Manager may advance an employee within the assigned salary range
as deemed appropriate on the basis of exceptional employee performance
and merit.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Appointment
at first step of salary range. A person appointed at the first step
of the salary range for the class to which his or her position is
allocated shall have a salary anniversary date that shall be six months
from the date of his or her appointment to said position.
B.
Appointment
above first step of salary range. A person appointed at a step higher
than the first step of the salary range for the class to which his
or her position is allocated shall have a salary anniversary date
that shall be one year from the date of his or her appointment to
said position.
(1756 § 1, 1981; 2813 § 1, 2012)
The following provisions shall govern the normal advancement
procedures for employees assigned to positions having a salary range:
A.
Notification
of eligiblity to appointing authority. Thirty days prior to each employee's
salary anniversary date, and annually thereafter until the employee
reaches the maximum step of the salary range for his or her class,
the Human Resources Director shall advise the appointing authority
in writing of the employee's pending eligibility for a merit salary
increase. The appointing authority shall subsequently advise the Human
Resources Director in writing prior to the employee's salary anniversary
date whether or not he or she recommends advancement of the employee
to the next higher step in the appropriate salary range.
B.
Notification
of authority to finance director. If the appointing authority recommends
the advancement of the employee to the next higher salary step, the
Human Resources Director shall notify the Finance Director in writing
of the approved merit salary increase and such notification shall
constitute authorization for the Finance Director to make payment
to the employee at the specified higher rate. Such payment shall commence
at the start of the pay period nearest to the employee's salary anniversary
date.
C.
Postponement
of merit salary increase. An appointing authority may recommend that
advancement of the employee to the next higher salary step be postponed
pending further review of the employee's job performance. If at the
conclusion of the period of postponement, the appointing authority
recommends that the employee be advanced to next higher salary step,
the Human Resource Director shall notify the Finance Director in writing
and such notification constitutes authorization for the Finance Director
to make payment to the employee at the specified higher rate. Such
increase shall be effective at the beginning of the next pay period.
D.
Failure
to notify appointing authority of employee's eligibility. Should an
employee's salary anniversary date be overlooked through error, and
upon discovery of the error the employee is recommended for a merit
salary increase, the Finance Director shall honor a supplemental payment
compensating the employee for the additional salary he or she should
have received dating from the start of the pay period nearest to his
or her salary anniversary date.
E.
Error
in determination of correct salary rate. Should an employee be advanced
to a higher step in the salary range for his or her class than for
which he or she was recommended through error, such error shall be
corrected immediately following its discovery.
F.
Adjustment
in salary anniversary date due to leave of absence. The granting of
any leave of absence without pay exceeding 15 consecutive calendar
days shall cause the employee's salary anniversary date to be postponed
by the number of calendar days for which such leave of absence has
been granted, less the first 15 calendar days of such leave. The employee
shall be assigned a new salary anniversary date that shall be the
date to which his or her previous salary anniversary date has been
postponed.
(1756 § 1, 1981; 2813 § 1, 2012)
Any employee who is appointed to a position in a class allocated
to a higher salary range than the class in which he or she formerly
occupied a position shall receive the nearest higher monthly salary
which is at least five percent higher than his or her previous base
salary, including any special assignment pay currently in effect,
but in no case shall he or she be compensated above the top step of
the new salary range unless the City Council grants specific approval.
Payment in such new salary range shall be effective at the beginning
of the next pay period. The effective date of the promotion shall
be the employee's new salary anniversary date.
(1756 § 1, 1981; 2813 § 1, 2012)
Any employee who is transferred from one class to another class
having substantially the same salary range shall be compensated at
the same step in the salary range as he or she previously received.
"Substantially the same" means a variance of no more than five percent.
The employee's salary anniversary date shall remain the same as it
was before transfer.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Basic
compensation. An employee who is appointed to serve in an acting capacity
shall be compensated at five percent higher than his or her base salary
in his or her current position at the time of such appointment; provided,
however, that he or she shall in no case receive less than the amount
paid for the first step of the position to which he or she is so appointed.
If the salary paid at the first step is less than five percent higher
than the employee's base salary, then the salary of the next regular
step for the acting position shall be paid. In no case shall he or
she be compensated above the top step of the new salary range.
B.
No merit
increase for acting capacity. A person appointed in an acting capacity
shall be eligible to receive merit increases in his or her permanent
position during the acting appointment, but shall not be entitled
to merit increases in the position that he or she holds in an acting
capacity.
(1756 § 1, 1981; 2813 § 1, 2012)
A person reinstated in a position allocated to a class in which
he or she previously held regular status and from which he or she
was separated in good standing may, with the approval of the Human
Resources Director and the appointing authority of the department
to which he or she would be reinstated, be appointed to the same step
of the salary range for the particular class of position at the step
that he or she occupied at the effective date of his or her separation.
Upon reinstatement, the employee's leave accrual rates shall be the
same as existed prior to his or her separation, and his or her seniority
shall be computed from the date of original appointment less the time
between separation and reinstatement. The employee's salary anniversary
date shall be the effective date of the reinstatement. This section
shall not apply to persons reinstating from or to a part-time position,
nor shall it apply to retired employees returning to work pursuant
to California Government Code Section 21221 or California Government
Code Section 21224.
(1756 § 1, 1981; 2813 § 1, 2012)
The salary of an employee who is demoted to a position in a
class allocated to a lower salary range than the class in which he
or she formerly occupied a position shall be determined as follows:
A.
Involuntary
demotion. An employee who is involuntarily demoted to a position in
a class allocated to a lower salary range than the class in which
he or she formerly occupied a position shall have his or her monthly
salary reduced to the nearest lower monthly salary rate in the salary
range for the class to which he or she has been demoted. In lieu of
a reduction in salary, the City Manager may approve a "Y" rate for
the employee. A "Y" rate exists when the employee's salary is frozen
at the present level until such time as subsequent general salary
increases catch-up or exceed the employee's salary at the "Y" rate.
He or she shall not be required to serve a probationary period in
the lower position unless he or she has not completed his or her initial
probationary period as required by this chapter. In such case, he
or she will be required to complete his or her probationary period
in the lower position. The employee shall retain the salary anniversary
date he or she had in the higher position.
B.
Voluntary
demotion. An employee who is demoted at his or her own request to
a position in a class allocated to a lower salary range than the class
in which he or she formerly occupied a position shall have his or
her monthly salary reduced to the nearest lower monthly salary in
the salary range for the class to which he or she has been demoted.
In lieu of a reduction in salary, the City Manager may approve a "Y"
rate for the employee. A "Y" rate exists when the employee's salary
is frozen at the present level until such time as subsequent general
salary increases catch-up or exceed the employee's salary at the "Y"
rate. He or she shall be required to serve a probationary period of
six months in the lower position. The employee shall retain the salary
anniversary date he or she had in the higher position.
(1756 § 1, 1981; 2813 § 1, 2012)
Whenever a classification is reallocated to a new salary range,
the salary of any employee in that classification (except an employee
in an acting capacity) shall be determined as follows:
A.
Allocation
to a higher salary range. If the class is reallocated to a higher
salary range, the employee shall be compensated at the step in the
new salary range that is most nearly equivalent to that he or she
was receiving in the range to which the class was previously allocated.
With the approval of the Human Resources Director, the employee may
be compensated at the same step in the new salary range as he or she
was receiving in the range to which the class was previously allocated.
The employee's anniversary date shall not change.
B.
Allocation
to a lower salary range. If the class is reallocated to a lower salary
range, the salary of the employee shall not change unless it is greater
than the maximum step of the lower salary range, in which case it
shall be reduced to the maximum step of the new range. The employee's
salary anniversary date shall not change.
(1756 § 1, 1981; 2813 § 1, 2012)
The salary of an employee in a position that is reclassified
shall be determined as follows:
A.
Class
with same salary range. If the position is reclassified to a class
with the same salary range as the previous class, and if the incumbent
is appointed to the reclassified position, the salary rate and the
salary anniversary date of the employee shall not change. This provision
shall also apply to the change of class title, provided there is no
change in the basic duties of the position.
B.
Class
with higher salary range. If the position is reclassified to a class
with a higher salary range than the previous classification, and if
the incumbent is appointed to the reclassified position, he or she
shall be compensated at the step in the new salary range that comes
nearest to, but not less than, five percent higher than the step he
or she held in the previous salary range. The salary anniversary date
of the employee shall not change.
C.
Class
with lower salary range. If the position is reclassified to a class
with a lower salary range than the previous class, and if the incumbent
is appointed to the reclassified position, his or her salary shall
not change unless it is greater than the maximum step of the lower
salary range, in which case it shall be reduced to the maximum step
of the new range. In lieu of a reduction in salary, the City Manager
may approve a "Y" rate for the employee. A "Y" rate exists when the
employee's salary is frozen at the present level until such time as
subsequent general salary increases catch-up or exceed the employee's
salary at the "Y" rate. The incumbent's salary anniversary date shall
not change.
(1756 § 1, 1981; 2813 § 1, 2012)
Any employee who is being paid on a salary step higher than
the first step of a salary range may be reduced by one or more steps
on the recommendation of the appointing authority and with the approval
of the Director of Human Resources and the City Manager. The effective
date of the salary reduction shall be the employee's new salary anniversary
date.
(1756 § 1, 1981; 2813 § 1, 2012)
Notwithstanding anything in this chapter to the contrary, the
City Council may by resolution, upon recommendation of the City Manager,
specify that the incumbent of a particular position shall occupy a
step on the salary range for that class either higher or lower than
that provided for elsewhere in this chapter.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Part-time
employee—hourly rate. A part-time employee, whether benefited
or unbenefited, shall be compensated at the hourly rate to which his
or her particular class has been allocated by City Council resolution.
If an hourly rate has not been so allocated, a part-time employee
shall be paid an hourly rate equivalent to the monthly salary to which
he or she would be entitled under the provisions of this chapter were
he or she a full-time employee.
B.
Part-time
employee—benefits.
1.
Sick
Leave. Benefited part-time employees shall be eligible for one-half
the time accruing to fulltime regular employees for sick leave benefits.
Half of the days accrued may be used for family sick leave. Part-time
unbenefited employees are ineligible for sick leave benefits.
2.
Holidays.
Benefited part-time employees shall accrue one-half the normal holiday
entitlement of a full-time employee. Part-time unbenefited employees
are ineligible for holiday benefits.
3.
On-the-Job
Injury Leave. Benefited part-time employees shall accrue one-half
the normal on-the-job injury entitlement of a full-time employee.
Part-time unbenefited employees are eligible for on-the-job injury
benefits in accordance with the provisions of state law.
4.
Vacation.
Benefited part-time employees shall be eligible for one-half the time
accruing to full-time regular employees for vacation benefits. Anniversary
dates shall be determined according to time elapsed from date of appointment.
Part-time unbenefited employees are ineligible for vacation benefits.
C.
Part-time
employee—salary increases. A part-time employee will be eligible
for a merit step increase from A step to B step upon working 300 hours
and six months. The employee will there-after be eligible for each
subsequent merit increase after working 600 hours and one year.
D.
Temporary
employee. Temporary employees shall be compensated at the first step
of the salary range to which their particular class is allocated.
Where, however, the Human Resources Director has determined that it
is extremely difficult to secure competent persons for such temporary
employment at such a rate, the Human Resources Director may authorize
payment at one of the higher steps of the salary range to which the
class is allocated. Temporary employees are not eligible for sick
leave, holiday, or vacation benefits.
(1756 § 1, 1981; 2813 § 1, 2012)
Notwithstanding anything in this chapter to the contrary, when
in the judgment of the City Council it becomes necessary or desirable
to utilize the service of City employees in capacities other than
those for which they are regularly employed, the City Council may,
by minute order, so authorize and fix an additional rate of compensation
for such employees, and they shall be paid in accordance with the
provisions of this chapter.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Intent
of salary plan. Whenever compensation is fixed for a class by City
Council resolution, such compensation is the monthly salary to be
paid to a person in a position allocated to the class unless otherwise
stated.
B.
Salary
payment schedule. All personnel shall be paid on a biweekly basis.
C.
Source
of compensation. Compensation for all personnel in the competitive
service of the City shall be paid out of the General Fund or such
other fund as may be provided by City Council ordinance or City Council
resolution, upon certification by the appointing authority to the
Finance Director.
D.
Termination
procedure. Whenever a person terminates his or her employment with
the City, or has been dismissed by the department head, the appointing
authority for which the employee worked shall immediately notify the
Human Resources Director of such separation in writing. The Human
Resources Director shall advise the Finance Director of such action,
whereupon the Finance Director shall instruct that a warrant be drafted
and issued to the terminated individual compensating him or her for
the period of time and/or pay due him or her up to the time of separation.
(1756 § 1, 1981; 2813 § 1, 2012)
For the purpose of computing entitlement to leaves of absence,
vacation, and sick leave: an employee's continuous service shall be
based on the effective date on which he or she receives his or her
initial probationary appointment to the competitive service.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Compensation. Whenever any employee, except sworn police and fire and those employees listed in subsection C of this section, is compelled by direction of his or her physician to be absent from duty on account of injury arising out of and in the course of his or her City employment, he or she may elect to apply accrued sick leave to such absence and to receive compensation thenceforth in the amount equal to the difference between the compensation to which he or she is entitled under the California Worker's Compensation Law and his or her regular City salary, not to exceed the amount of his or her earned sick leave. If the employee does elect and has applied his or her sick leave to such absence, then he or she shall be entitled to receive a cumulative total of six months of such combined compensation for absences following and related to the occurrence of a specific injury.
B.
Accrual of leave benefits. Subject to the provisions of subsection C of this section, any probationary or permanent employee shall continue to accrue vacation, holidays, and sick leave and to earn eligibility for consideration for merit salary increases during an absence resulting from an on-the-job injury providing he or she receives compensation payments under the provisions of the California Worker's Compensation Law.
C.
Accrual of benefits for part-time and temporary employees. Benefited part-time employees shall accrue one-half the benefits as indicated in subsection B of this section applying to full-time employees. Part-time unbenefited employees and temporary employees shall be ineligible for the benefits indicated in subsection B.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
General
policy. A full-time employee shall not engage in any paid employment,
activity or enterprise that is inconsistent, incompatible, or in conflict
with his or her duties, functions or responsibilities as a City employee,
nor shall he or she engage in any outside activity that will directly
or indirectly contribute to the lessening of his or her effectiveness
as a City employee. A full-time employee shall obtain the express
written approval of the appointing authority prior to commencement
of any such outside employment, activity, or enterprise. Such approval
shall not be unreasonably withheld.
B.
Determination
of inconsistent activities. In making a determination as to the consistency
or inconsistency of outside activities, the appointing authority shall
consider, among other pertinent factors, whether the activity:
1.
Involves
receipt or acceptance by the employee of any money or other consideration
from anyone other than the City for the performance of an act that
the employee, if not performing such act, would be required or expected
to perform in the regular course or hours of his or her City employment
or as a part of his or her duties as a City employee; or
2.
Involves
the performance of an act in other than his or her capacity as a City
employee, which act may later be subject directly or indirectly to
the control, inspection, review, audit, or enforcement by such employee
or the department by which he or she is employed; or
3.
Involves
conditions or factors that would probably directly or indirectly lessen
the efficiency of the employee in his or her regular City employment,
or conditions in which there is a substantial danger of injury or
illness to the employee; or
4.
Involves
the use for private gain or advantage of City time, facilities, equipment
and supplies, prestige, or influence of one's City office or employment.
C.
Improper
use of city equipment prohibited.
1.
No
City-owned equipment, autos, trucks, instruments, tools, supplies,
machines, or other item that is the property of the City shall be
used by any employee except upon prior approval of the appointing
authority.
2.
No
employee shall allow any unauthorized person to rent, borrow, or use
any of the items mentioned above unless upon prior approval of the
appointing authority.
D.
Violations
and penalties. Any violation of the provisions of this section respecting
outside employment or activity, or improper use of City equipment,
shall constitute grounds for disciplinary action, including immediate
dismissal of a City employee who commits such violation.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Standards
of conduct. Except as provided below the tenure of every City employee
shall be based on reasonable standards of personal conduct and job
performance. Failure to meet such standards shall be grounds for appropriate
disciplinary action, which shall be commensurate with the seriousness
of the offense and with due consideration of the employee's prior
performance record.
B.
Exceptions
to the standards of conduct. The tenure of at-will employees, probationary
employees, temporary employees, part-time unbenefited employees, and
members of appointive boards, commissions, and committees shall be
at the pleasure and sole discretion of the appointing authority.
C.
Alteration
of human resources records. Any employee who willingly and improperly
alters, changes, deletes, or falsifies or willingly and improperly
causes any alteration, change, deletion, or falsification of any human
resources record or records shall be subject to disciplinary action.
(1756 § 1, 1981; 2813 § 1, 2012)
Except for those types of employees exempted in Section 2.44.370(B), the following procedure shall be followed when, in the judgment of the appointing authority, an employee has committed an act or omission that justifies the disciplinary action indicated. Except for written warnings/ reprimands, the appointing authority or his or her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking action.
A.
Warning/Reprimand. If the warning/reprimand is in writing, the appointing authority shall give the employee a copy and forward a copy to the Human Resources Director for review and retention in the employee's personal history file. A written warning/reprimand shall contain a description of the events that necessitated the action, specific expectations of change by the employee, notice of further action in the event a change by the employee does not occur, and, if applicable, reference to the appeal procedure as contained in Section 2.44.390.
B.
Suspension. An appointing authority may suspend an employee without pay from his or her position for just cause. The appointing authority shall advise the Human Resources Director in writing of his or her intention to suspend an employee, stating the reasons therefor, prior to taking such action. Upon approval of the Human Resources Director, the appointing authority shall give a copy of said written notice of intended suspension to the employee and forward a fully-executed copy to the Human Resources Director for review and retention in the employee's personnel file. The written statement shall contain a description of the events that necessitated the suspension, a statement of the charges, notification that the employee may review materials on which the suspension is based, the right of the employee to meet with the appointing authority or to respond in writing within a reasonable time frame to the charges, notice of further action in the event a change by the employee does not occur, and, if applicable, reference to the appeal procedure as contained in Section 2.44.390. Unless extended by approval of the City Manager on written recommendation of the Human Resources Director and the appointing authority, the maximum period of suspension shall be 30 calendar days.
C.
Reduction in Pay. An appointing authority may reduce the salary of an employee for just cause. The appointing authority shall advise the Human Resources Director in writing of his or her intention to reduce the salary of an employee by reassigning the employee to a lesser step on his or her pay scale, stating the reasons therefor, prior to taking such action. Upon approval of the Human Resources Director, the appointing authority shall give a copy of said written notice of intended salary reduction to the employee and forward a fully-executed copy to the Human Resources Director for review and retention in the employee's personnel file. The written statement shall contain a description of the events that necessitated the reduction in pay, a statement of the charges, notification that the employee may review materials on which the reduction in pay is based, the right of the employee to meet with the appointing authority or respond in writing within a reasonable time frame to the charges, notice of further action in the event a change by the employee does not occur, and, if applicable, reference to the appeal procedure in Section 2.44.390.
D.
Demotion. An appointing authority may demote an employee for just cause. The appointing authority shall advise the Human Resources Director in writing of his or her intention to demote an employee, stating the reasons therefor, prior to taking such action. Upon approval of the Human Resources Director, the appointing authority shall give a copy of said written notice of intended demotion to the employee and forward a fully-executed copy to the Human Resources Director for review and retention in the employee's personnel file. The written statement shall contain a description of the events that necessitated the demotion, a statement of the charges, notification that the employee may review materials on which the demotion is based, the right of the employee to meet with the appointing authority or respond in writing within a reasonable time frame to the charges, notice of further action in the event a change by the employee does not occur, and, if applicable, reference to the appeal procedure in Section 2.44.390.
E.
Dismissal. An appointing authority may dismiss an employee for just cause. The appointing authority shall advise the Human Resources Director in writing of his or her intention to dismiss an employee, stating the reasons therefor, prior to taking such action unless there are reasonable circumstances that prohibit such notification. Upon approval of the Human Resources Director, the appointing authority shall give a copy of said written notice of intended dismissal to the employee and forward a fully-executed copy to the Human Resources Director for review and retention in the employee's personnel history file. The written statement shall contain a description of the events that necessitated the dismissal, a statement of the charges, notification that the employee may review materials on which the dismissal is based, the right of the employee to meet with the appointing authority or respond in writing within a reasonable time frame to the charges, notice of further action in the event a change by the employee does not occur, and, if applicable, reference to the appeal procedure in Section 2.44.390.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
The
appeal procedure described herein shall apply to cases of disciplinary
action resulting in suspension, reduction in pay, demotion, or dismissal.
It shall not be applicable to written reprimands unless otherwise
required by law. It shall not be applicable to at-will employees,
probationary employees, temporary employees, part-time unbenefited
employees, or members of appointive boards, commissions, and committees.
B.
Following
a Skelly meeting, if requested by the employee, and/or a review of
any documents or statements provided by the employee, the Human Resources
Director shall cause to be served on the employee affected, by registered
mail or personal delivery, a statement signed by the appointing authority
of the final discipline, if any, imposed. This statement shall clearly
inform the employee that he or she has the right, within seven working
days after receipt of this notice, to appeal the decision by filing
a notice of appeal with the Human Resources Director.
C.
If within
the seven-day appeal period the employee involved does not file said
notice of appeal, unless good cause for the failure is shown, the
action of the appointing authority shall be conclusive with no further
right of appeal.
D.
If within
the seven-day appeal period, the employee involved files such notice
of appeal, a hearing officer shall be selected by mutual consent of
the Human Resources Director and the appellant from a panel submitted
by the American Arbitration Association or such other source as is
mutually agreeable.
E.
The
cost of the hearing officer shall be shared equally by the City and
the appellant, unless otherwise required by law.
F.
At least
10 working days prior to the hearing, the appellant shall have the
right to submit to the Human Resources Director the names of City
employee witnesses to testify on his or her behalf. These witnesses
shall be made reasonably available by the City for their presence
at the hearing.
G.
The
appellant shall have the right to be represented at the hearing, which
shall not be bound by technical rules of evidence.
H.
After
the conclusion of the hearing, the hearing officer shall notify the
appellant and the Human Resources Director of his or her decision.
This decision shall be subject to review by the City Manager and City
Council, with the review limited to the record regarding hearing procedures.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Procedure.
1.
Whenever
in the judgment of the City Manager it becomes necessary in the interest
of economy or because the necessity for a position no longer exists,
the City Manager may abolish a position in the competitive service
and lay off, demote, or transfer the employee holding such position
without granting the right of appeal to said employee.
2.
Seniority
and competency shall be observed in effecting a reduction in personnel.
Layoffs shall be made within classes of positions and all employees
with temporary appointments to positions in the affected class or
classes shall be laid off prior to the layoff of any probationary
or regular employee. For layoff purposes, competency of a person shall
be determined by the department head in which the person is employed.
B.
Re-employment.
1.
The
names of employees laid off shall be placed upon re-employment lists
for classes that, in the opinion of the Human Resources Director,
require basically the same qualifications and duties and responsibilities
as those of the class of position from which layoff was made.
2.
Names
of persons laid off shall be placed upon re-employment lists in order
of their seniority and competency, and shall remain on such lists
for a period of one year unless re-employed sooner. For reemployment
purposes, competency of a person laid off shall be determined by the
department head in which such person worked.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
No person
in the competitive service, or seeking admission thereto, shall be
favored or discriminated against in his or her employment because
of race, color, sex, national origin, age, marital status, religion,
handicap, medical condition, ancestry, sexual orientation, or political
opinions/affiliations.
B.
This
chapter shall be deemed to contain the language required by Sections
45050 and 45051 of the Government Code subject to the exceptions contained
in Sections 45052, 45053, and 45054 of the Government Code.
(1756 § 1, 1981; 2813 § 1, 2012)
The City Manager shall consider and make recommendations to
the City Council regarding the extent to which the City should contract
for the performance of technical services in connection with the development
and administration of any phase of the Human Resources program and
the City Council may contract for the performance of such services
with any qualified person or agency.
(1756 § 1, 1981; 2813 § 1, 2012)
The City Council shall appropriate such funds as are necessary
to carry out the provisions of this chapter.
(1756 § 1, 1981; 2813 § 1, 2012)
A.
Nepotism
restrictions. In order to minimize problems relating to employee supervision,
morale, safety and security, it is necessary to regulate the employment
of relatives by the City.
Applicants for City employment shall not be hired and employees
shall not be placed into employee positions with respect to the following
categories:
1.
Where
a person would be, or could in the future have a significant potential
to be, supervised by or be in the chain of command of a relative;
2.
Where
an employee would participate in making, or advising on, employment
decisions concerning a relative;
3.
Where
a relative of a City Council Member, City Manager, Department Director
or a primary assistant of the City Manager would also be employed
by the City;
4.
Where
a relative of a member of any City Commission would be employed in
any City position over which the Commissioner would have direct or
indirect influence or control; or for reasons of supervision, morale,
safety or security, it is determined by the City Manager that the
work involves potential conflicts of interest;
5.
Where
a person would be employed in the same department, division, or facility
as a relative and it is determined that job descriptions or positions
for both entail work that: (a) could present a conflict of interest,
(b) involve common areas of work responsibilities, or (c) could lead
to potential hazards in a greater degree for relatives than for non-relatives.
|
The hiring authority shall be responsible for administering
these nepotism regulations.
|
B.
C.
Application
of nepotism regulations. Employees of the City who become relatives
after the effective date of these provisions and do not conform to
these nepotism regulations shall come into compliance with these provisions.
The City will make reasonable efforts to assign job duties so as to
minimize problems of supervision, safety, security or morale.
If no reasonable effort and solution can be found to alleviate
the problem of supervision, safety, security or morale, the City Manager
shall determine whether, and under what circumstances, if any, both
employees may be permitted to remain in their then current positions.
In making such a determination, the City Manager shall give primary
consideration to the operational needs of the City, including interests
of economy, efficiency and effectiveness. The City Manager shall also
consider the work history and seniority of the affected employees.
D.
Definitions.
"Relatives" includes: spouse; parent (including foster); sibling (including
foster and step); children (including adoptive, foster or step); in-laws;
grandparent or grandchild; aunt or uncle, niece or nephew; and any
other legally related person living in the same household as the employee.
E.
Notification.
Employees shall be responsible for advising their immediate supervisor
if they are related or become related to another City employee, Council
Member or Commissioner.
F.
Miscellaneous.
1.
To the extent that hiring of a relative of a City employee is not prohibited by this Chapter 2.44, no City official or employee shall participate in making, or advising on, employment decisions of any kind concerning a relative with regard to employment in the City.
2.
Nothing
herein shall prevent the Mayor or Member of the City Council from
voting on warrants for payment occurring in the regular course of
events as part of a consent calendar on the City Council agenda.
3.
No person employed by the City as of September 30, 2014, whose initial hiring would have been precluded pursuant to this Chapter 2.44 had it been in effect at the time of such hiring shall, for that reason alone, be required to leave City employment. If, however, such employee leaves City employment subsequent to September 30, 2014, this Chapter 2.44 shall apply to the rehiring of such employee.
(2517 § 1, 2000; 2570 § 1, 2002; 2661, 2005; 2813 § 1, 2012; 2845 § 1, 2014)
