Note: Prior history: Prior code §§ 2100—2109 and Ord. No. 225CCS, adopted 9/12/50, Ord. No. 228CCS, adopted 9/26/50, Ord. No. 229CCS, adopted 9/26/50, Ord. No. 269CCS, adopted 3/25/52, Ord. No. 477CCS, adopted 9/8/59, Ord. No. 536CCS, adopted 10/10/61, Ord. No. 766CCS, adopted 3/26/68, Ord. No. 859CCS, adopted 2/23/71, Ord. No. 860CCS, adopted 2/23/71, Ord. No. 861CCS, adopted 2/23/71, Ord. No. 1082CCS, adopted 2/28/78, Ord. No. 1096CCS, adopted 7/1/78, Ord. No. 1209CCS, adopted 7/14/81, Ord. No. 1491 CCS, adopted 8/22/89, Ord. No. 1574CCS, adopted 3/12/91, Ord. No. 1807CCS, adopted 6/20/95, Ord. No. 1953CCS, adopted 9/14/99 and Ord. No. 2071CCS, adopted 4/08/03.
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FOREWORD
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City of Santa Monica, California
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1.
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Purpose of Manual. This manual of rules contains
the Civil Service Regulations for the City of Santa Monica.
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2.
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Administrative Responsibility. The Human Resources
Director, under the general direction of the City Manager, shall be
responsible for the administrative operation of City's civil service
system. He or she shall confer with the Personnel Board concerning
all matters for which the Board is responsible and shall serve as
technical advisor to the Board. He or she shall also confer with the
City Manager regarding special problems relating to the administrative
policies or procedures of civil service administration, and the decision
of the City Manager shall be final. All department, division, and
other agency heads shall follow the civil service procedures outlined
herein with respect to the appointment, transfer, promotion, separation,
discipline, or other action affecting any employee. The principles
and spirit of the merit system shall be observed by all administrative
officials at all times in order that the best qualified personnel
will be available to render service of maximum efficiency to the City.
Copies of this manual shall be available to City employees.
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3.
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The policies incorporated in this manual are designed to assure
the selection and retention of well qualified employees, who because
of their qualifications, training, and industry will be able to perform
the services rendered by the City to the public in an effective and
businesslike manner. Accordingly, it is the purpose of this manual
to provide for selection of employees on the basis of merit; the payment
of equitable rates of pay; prompt attention to grievances; the provision
for employee training programs; and the establishment of promotional
advancement for qualified employees.
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In order to meet the operational needs of the City and to provide
employees with prompt resolution of disciplinary appeals to the Personnel
Board, the Personnel Board shall hold a regularly scheduled meeting
each month and expeditiously schedule disciplinary appeal hearings.
Any Personnel Board member missing three regularly scheduled meetings
and/or hearings within a six-month period, regardless of notification
of absence, shall receive a letter from the Chairperson asking if
he or she wishes to continue as a Board member, a copy of the letter
to be sent to the Mayor of the City of Santa Monica. The Personnel
Board member shall, within fourteen days, send a written response
to the Secretary of the Personnel Board, indicating whether or not
he or she wishes to continue serving as a Board member. Unless the
Board member affirms that he or she wishes to continue serving as
a Board member and will be able to attend on a regular basis, he or
she will be considered to have tendered a resignation from the Personnel
Board, effective upon appointment of a replacement by the City Council.
If a Board member affirms that he or she wishes to continue serving
as a Board member and will be able to attend on a regular basis but
then misses two scheduled meetings and/or hearings within a four-month
period, he or she will be considered to have tendered a resignation
from the Personnel Board, effective upon appointment of a replacement
by the City Council.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The department head is the appointing authority for his or her
department, with the power to hire, promote, terminate and discipline
employees of that department. Each department head is responsible
for effective supervision of employees and maintenance of appropriate
working relationships. Each department head is required to ensure
that the performance of each employee in his or her department is
evaluated at least annually and is required to notify the Human Resources
Department of changes in the assignment of duties to employees. A
department head may adopt and administer departmental personnel regulations
which are supplementary to, and not inconsistent with, applicable
law, administrative instructions, and other policy directives issues
by the City Manager.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The classification plan is:
(a)
A
grouping into a single class, with a common class title, of all those
positions that are essentially similar with respect to the nature
of the work performed, difficulty and responsibility;
(b)
A
list showing the class titles of all positions in the City Service,
organized by appropriate class;
(c)
Written
classification specifications containing a descriptive title for each
class of position, a description of the nature of the work included
in the class, and a statement of the qualifications required to perform
the essential functions of the position(s). Class definitions do not
restrict the assignment of duties to an employee in any way. However,
assignment of a substantial volume of higher grade or lower grade
duties to an employee over a period of time may result in raising
the question of a reclassification of the employee's position.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The Human Resources Director may classify or reclassify positions
at any time.
(a)
New
Job Classifications. As new positions are created, the Human Resources
Director, with the approval of the City Manager, shall classify the
positions on the basis of the duties and responsibilities of each
position within the existing classification plan. When a new job classification
is warranted, the Human Resources Director shall, with the City Manager's
approval, submit his or her recommendation to the Personnel Board
for a public hearing and approval.
(b)
Revision
of an Existing Classification Specification. If substantive change(s)
to the duties and responsibilities and/or qualifications established
in an existing, non-entry level, classification specification are
required in order to meet the operational needs of the City, the Director
of Human Resources, or designee, shall meet and confer with representatives
of the bargaining unit that represents employee(s) holding a position
covered by that classification specification. Once the meet and confer
process has been concluded, the revised classification specification
shall, with the approval of the City Manager, be submitted to the
Personnel Board for its review and approval. Changes to the classification
specification will have no impact on the employment status of an employee
who holds a position covered by the classification specification even
if he or she does not meet the revised qualifications for the position.
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If substantive change(s) to the duties and responsibilities
and/or qualifications established for an existing entry-level classification
specification are required in order to meet the operational needs
of the City, the Director of Human Resources, or designee, shall inform
the representatives of the bargaining unit that represents employee(s)
holding a position covered by that classification specification at
least one calendar week prior to presenting the revised classification
specification to the Personnel Board for its review and approval.
Changes to the classification specification will have no impact on
the employment status of an employee who holds a position covered
by the classification specification even if he or she does not meet
the revised qualifications for the position.
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(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The pay plan establishes rates of pay based upon classifications
and their relationships to similar jobs in the public and private
sector as well as employment within the City Service itself.
The pay plan is set forth in the salary schedule approved by
the City Council, and provides the minimum and maximum salary step(s)
in a salary range or flat rate of pay for each class of positions.
(a)
New
appointments shall be made at the minimum salary step of the salary
range or flat rate of pay. In exceptional cases, the City Manager
may approve an appointment at a salary higher than the minimum salary
step, but in no case above the maximum salary step established for
that job classification. Salary adjustments attendant upon promotion,
reclassification, salary step and merit increases are governed by
the memoranda of understanding provisions for each bargaining unit.
(b)
In
the event of re-employment subsequent to resignation, an employee's
salary will be determined in the same manner as for new appointments
unless a higher salary is approved by the City Manager.
(c)
In
the event of re-employment subsequent to layoff, the employee's salary
will be set at the same salary step the employee held at the time
of layoff.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Announcement of examinations for positions shall be made by
posting public notices and by methods designed to obtain appropriate
publicity. Examinations shall be publicized as deemed necessary by
the Human Resources Director. Examination announcements shall be made
at least ten calendar days before the last date for filing applications.
Announcements shall set forth the duties and responsibilities of the
position, the minimum qualifications required for the position, the
scope of the examination, the salary range or flat salary step established
for the position, and any other information deemed pertinent by the
Human Resources Director.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
All applicants must complete a City employment application.
The Human Resources Director, or designee, shall notify in writing
those applicants who do not qualify for the examination. Qualifying
applicants will be notified in writing of the time and place of examination.
Applicants may be rejected for any of the following reasons:
(a)
Failure
of the applicant to meet minimum qualifications of the position;
(b)
False
or misleading statements or omissions by the applicant on his or her
application with regard to any material facts;
(c)
Any
fraudulent practice by the applicant in connection with any phase
of the recruitment and selection procedure;
(d)
Physical
or psychological unfitness of the applicant with respect to the requirements
of the position applied for, consistent with applicable law;
(e)
Prior
separation of the applicant from City service;
(f)
Unsatisfactory
conviction history of the applicant, based on an individualized assessment
consistent with applicable State law. Applicants for the police department
who have arrests other than those arrests from which they were fully
exonerated by the arresting authority, or by a competent court of
law, or for minor violation, shall be disqualified;
(g)
Reasons,
other than the foregoing, which would indicate unfitness of the applicant
for the position, upon determination of the Human Resources Director
approved by the Personnel Board;
(h)
When
there is a need to limit the number of candidates based on an operational
constraint of the Human Resources Department or City, only those candidates
most qualified for the position, as determined by the Human Resources
Director or designee, will be invited to take the examination.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07; Ord.
No. 2571CCS § 1, adopted 3/27/18)
Appointments or promotions to permanent positions in the Classified
Service shall be determined by competitive examination. Any exceptions
must be authorized by the Personnel Board, upon recommendation of
the Director of Human Resources and the department head who is the
appointing authority for the permanent position. Competitive examinations
will include the consideration and rating of any or all of the following
factors: education, experience, knowledge, skill, special aptitude,
general adaptability, physical or psychological fitness as provided
by applicable law, and such other qualifications as are considered
necessary by the Human Resources Director for satisfactory performance.
Examinations shall be administered fairly to all invited applicants
who participate in the examination. The identity of applicants shall
be protected when scoring written examinations. Promotional examinations
shall be limited to non-probationary employees with permanent Civil
Service status who have the required experience and meet the qualifications
for the position.
Applicants may be tested together or separately. Examinations
may consist of written tests, performance tests, evaluation of qualifications,
or oral tests, or any combination of these.
Credit shall be allowed for seniority as set forth in an administrative
instruction.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Applicants for employment must be legally eligible to perform
work in the United States in accordance with applicable law.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Veterans' preference will be given in accordance with applicable
law.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
All applicants shall be notified of their test results and whether
they have been placed on the eligible list. Any applicant may request
that the Human Resources Department review his or her test papers
by a written request made within fifteen calendar days after written
notification of test results by the Human Resources Department. The
Human Resources Director, or designee, will arrange a reasonable time
and date for a review.
Open competitive eligible lists shall remain in effect for one
year, and promotional eligible lists for two years, unless exhausted
earlier. An open competitive eligible list may be extended for an
additional year by the Human Resources Director and the department
head, if applicable. An eligible list of fewer than three names on
the list shall be exhausted if the department head declines to select
from that list.
The Human Resources Director may declare the list exhausted
based on the unique circumstances and operational needs of the hiring
department.
The Human Resources Director may consolidate eligible lists
for the same class of positions provided that an eligible is removed
from the consolidated list when he or she has been on the list for
one year. Eligible lists for the same class of positions may be consolidated
by the Human Resources Director by placing eligibles from an old list
on a new list in accordance with relative ranking of the eligibles.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The name of any eligible may be removed from an eligible list
for any of the following reasons:
(a)
Written
request by eligible;
(b)
Inability
to locate the eligible within a calendar week's time, by mail or other
ordinary communication;
(c)
Three
refusals to accept an offer of employment;
(d)
Certification
of an eligible (other than a re-employment list eligible) three times
without a resulting appointment;
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Subject to the approval of the Human Resources Department, an
eligible may request in writing that his or her name be withdrawn
temporarily from the eligible list and placed upon an inactive list.
Upon written request of the eligible, his or her name will be reinstated
to the eligible list for the duration of that list, if the list is
still active.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
All appointments to classified civil service position must be made from one of the lists of eligible applicants described in Section 1108 of the City Charter.
An examination shall be held as soon as feasible to establish
an eligibility list when there is no re-employment list, transfer
list, promotional list, or open competitive eligible list available
with which to fill a vacant position. Eligibility lists shall be used
by the Human Resources Director to fill vacant positions in the following
order:
(a)
Re-employment
list;
(b)
Transfer
list;
(c)
Promotional
list;
(d)
Open
competitive list.
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The names of the three highest ranking eligibles shall be certified
to the department head for the selection from a transfer list or a
promotional list. The names of the eligibles in the top three bands
shall be certified to the department head from an open competitive
list. Only the highest ranking name shall be certified from a re-employment
list.
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(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Any appointment made from an eligible list shall be subject
to a probationary period of twelve months, unless a memorandum of
understanding provides for an extension of the probationary period
beyond that time. If a probationary employee is absent from the workplace
for thirty or more calendar days, his or her probationary period shall
be automatically extended by the number of calendar days the appointee
has been absent. The absences need not be consecutive.
No appointee shall acquire permanent civil service status until
he or she successfully completes a probationary period.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Fingerprints shall be taken of all new employees, and conviction
records will be obtained from State and Federal authorities. Any employee
who fails to give his or her complete conviction record at the time
requested may be separated from employment. An employee determined
not to have provided a complete conviction record shall have ten business
days to present written documentation to the Human Resources Department
proving that the official conviction record supplied by State or Federal
authorities is in error and the conviction information reported by
the employee is correct, or that any omission was inadvertent and
involved an arrest or conviction with no nexus to the job or a conviction(s)
that was judicially dismissed, expunged, or sealed.
No employee hired for a position in a park, playground, recreational
center or beach, where the position has supervisory or disciplinary
authority over minors, may begin work before his or her conviction
record, and/or record of arrests pending adjudication, has been screened
pursuant to requirements of State law.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07; Ord.
No. 2571CCS § 2, adopted 3/27/18)
An employee on probation has an at-will employment status, with
no right to become a permanent employee. The department head may recommend
separation from employment at any time during an employee's probationary
period if he or she believes it is in the best interests of the City.
The department head need not have "good cause" for termination, as
that phrase is defined by applicable law, in order to release an employee
on probation. If the department head believes an employee should be
released on probation, he or she must inform the Human Resources Director,
or designee, who will make a recommendation regarding probationary
separation to the City Manager, whose decision shall be final. The
City Manager's decision to separate an employee on probation must
be made in advance of the end of the probationary period. The probationary
employee need only be informed that he or she did not pass probation.
No other reason for separation need be given to the probationary employee.
An individual appointed from any of the City's eligible lists,
with the exception of a re-employment list, must serve a probationary
period. This includes appointments from transfer, promotional and
open competitive eligible lists. A promoted or transferred employee
who is separated on probation has return rights to his or her former
position if that position is vacant.
The Human Resources Director, upon approval of the City Manager,
may reinstate an employee who was released on probation to the eligible
list for the duration of the list if, in the opinion of the Human
Resources Director, such employee might successfully complete a probationary
period in a different department.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
When an eligible list for a particular classification is not available, or to otherwise meet the needs of public business, the appointing authority may make a temporary appointment for a period not to exceed one hundred eighty calendar days pursuant to Charter Section 1108, or nine hundred sixty hours per fiscal year consistent with applicable State law, subject to the approval of the Human Resources Director and the City Manager and in accordance with rules adopted by the Personnel Board.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07; Ord.
No. 2571CCS § 3, adopted 3/27/18)
Temporary appointees who later are appointed from an eligible
list shall serve a probationary period dating from the date of appointment
from the eligible list. Time served on a temporary basis shall be
credited in calculating sick and vacation leave accrual and granting
periodic pay increases.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Temporary appointees shall be selected from applicants for the
position who have applications on file in the Human Resources Department,
and who meet the minimum qualifications required for the position.
In the event of a local, state or national emergency, the City
Manager may authorize the appointing authority to make an emergency
appointment. Such appointments shall not exceed sixty calendar days,
subject to renewal by the City Manager or designee. The appointing
authority shall immediately report the emergency appointment to the
Human Resources Director. The emergency appointee must file an employment
application with the Human Resources Department within ten calendar
days of the date of his or her emergency appointment in order to receive
compensation for his or her work for the City.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Appointments made from an eligible list to a position with an
anticipated duration of six months or less shall be classified as
limited appointments. Such appointments may be renewed by the City
Manager upon determination that the position is required for a longer
period of time. If a limited appointment is later changed to a regular
appointment without time limitation, provisions of these rules with
respect to appointments from an eligible list shall apply, with opportunity
given to the highest eligibles. The probationary period shall date
from the time of original appointment from an eligible list regardless
of whether such appointment was for a limited or an unlimited time.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Employees who are separated in reductions in force shall be placed on a re-employment list in accordance with Section 2.04.380. Re-employment shall be in the reverse order to layoff. The name of any person on a re-employment list shall be removed one year from the date the name was placed on the re-employment list.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Any employee who wishes to transfer to another department may
file a written request with the Human Resources Director. The employee's
name shall be placed upon a transfer list for consideration in filling
future vacancies. Qualified employees shall be certified in the order
of seniority, on the basis of three names for each vacancy. The appointing
authority, upon review of a transfer list, may elect not to interview
the employees who have been certified. If the appointing authority
elects not to use the transfer list for appointment, an appropriate
promotional or open competitive list shall be certified in lieu of
the transfer list. Transfers cannot be made to a position with a higher
maximum rate of pay.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
(a)
Existing
Promotional List. A promotional eligible list shall be used before
an open competitive list to fill a vacancy. However, if there are
fewer than three eligibles on the promotional list, the appointing
authority may request that an open, competitive list be established
unless the appointing authority requests use of a promotional eligible
list with fewer than three names.
(b)
No
Promotional List. When no promotional list is available to fill a
vacancy, an examination shall be held to establish a promotional list,
unless the appointing authority believes it impractical, or not in
the best interest of the City, and requests an open competitive examination
to fill the position. The appointing authority's reasons for requesting
a waiver of a promotional examination must be submitted to and approved
by the Personnel Board.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The appointing authority shall use an open competitive list
to fill a vacancy when it cannot be filled by using a reemployment
or promotional list.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
An employee who resigns may be re-appointed to his or her former
position, if vacant, upon recommendation of the appointing authority,
the approval of the Human Resources Director and, if required for
the job classification, a favorable medical report from the City physician,
medical or psychological examiner. No former employee shall be re-appointed
unless he or she submits a written request for re-appointment to the
appointing authority within one year of the date of his or her resignation.
No one shall be re-appointed if there is a re-employment or promotional
list in effect for the position for which reappointment is sought.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The City may hire employees as they are needed:
(a)
To
meet the operational demands of a department that has not budgeted
sufficient line-item positions; or
(b)
To
fill a vacant line-item position pending a recruitment.
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An examination to determine whether or not an applicant has
the necessary skills and abilities to satisfactorily perform the position
shall be used for all as-needed appointments. The examination shall
be scored on a "pass-fail" basis. An appointing authority may hire
any applicant who has passed the qualification examination for the
position.
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As-needed employees do not possess civil service protections
set forth in this manual; their employment status is at-will. As-needed
employees have no entitlement to vacation, sick, or other paid leave,
and no entitlement to health or other fringe benefits provided by
the City to its permanent employees unless a benefit is required by
State or Federal law.
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(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Performance evaluations shall be completed at least annually
for all permanent employees in the Classified Service and quarterly
for all employees serving a probationary period. The evaluation form
shall be revised periodically by the Human Resources Director. The
department shall review each performance evaluation with the employee
before the evaluation is forwarded to the Human Resources Department
for inclusion in the employee's personnel file.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Depending upon the job classification, an appointment to the
City Service may be subject to a medical and/or psychological examination
conducted by the City' s physician, psychologist, or medical examiner.
Any employee may be required to take and pass a medical and/or psychological
examination whenever in the judgment of the appointing authority,
the best interests of the City require it. Any employee engaged in
driving motorized equipment shall be required to take and pass a medical
examination, periodically, as required by State and/or Federal law.
The City shall comply with applicable law with regard to a qualified
individual who needs an accommodation to perform the essential functions
of the position for which he or she has applied or holds as a current
City employee.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The Personnel Department shall maintain the official personnel
file for each employee, showing the original date of employment, and
the original classification and pay rate of the employee's position,
together with a record of subsequent changes in the status of the
employee in the course of his or her employment with the City. The
official personnel file shall also include copies of forms and other
records affecting the personnel status of the employee. After the
employee's separation from City Service, his or her personnel file
shall be kept for the period of time required by applicable law.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Permanent employees covered under a resolution or memorandum
of understanding approved by the City Council shall accrue the number
of vacation days specified in the applicable resolution or memorandum
of understanding.
Each incumbent of a budgeted line-item position shall accrue
and may use vacation leave with pay as follows:
(a)
An
employee accrues vacation for each completed calendar month. A completed
calendar month for which benefits accrue is defined as a calendar
month in which the employee has been in pay status for eleven or more
working days or eighty-eight hours, whichever is greater, in that
month.
(b)
Full-time
employment, for purposes of this Section, shall be construed as the
forty-hour work week, regardless of the number of hours actually worked
in a week. An incumbent in a permanent position budgeted for less
than forty hours per week shall accrue vacation leave in the same
proportion as the number of hours per week budgeted in that position
bears to the forty-hour week.
(c)
An
incumbent who separates from the service of the City shall receive
payment for unused vacation leave which he or she has accrued and
not used, as of the date of separation.
(d)
An
employee is eligible to use accrued vacation leave after six months
of employment, the amount of leave granted not to exceed the amount
of vacation accrued.
(e)
The
scheduling of vacation leave shall be according to department or division
policies and contingent on the operational needs of the department,
and may be further regulated by applicable memorandum(s) of understanding.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Sick leave shall be defined as follows:
(a)
Absence
from duty because of illness, on-the-job or off-the-job injury, or
exposure to contagious diseases as evidenced by certification from
an accepted medical authority; or
(b)
Absence
from duty for leave provided by the Family and Medical Leave Act,
the California Family Rights Act, or other applicable Federal or State
legislation; or
(c)
Other
absences provided by resolution or memorandum(s) of understanding
approved or adopted by the City Council.
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Each incumbent of a budgeted position shall accrue sick leave
with pay as follows:
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(a)
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Sick leave shall be accrued one working day per month, unless
provided otherwise by a resolution or memorandum of understanding
approved or adopted by the City Council;
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(b)
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Notwithstanding subsection (a) above, for as-needed employees, sick leave shall be accrued consistent with applicable law, unless provided otherwise by a resolution or memorandum of understanding adopted or approved by the City Council;
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(c)
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A completed calendar month for which sick leave shall accrue
is defined as a calendar month in which the employee has been in pay
status for eleven or more working days or eighty-eight hours, whichever
is greater, in that month;
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(d)
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For all employees, sick leave shall begin with the first day
of illness or other covered condition as provided under applicable
law, unless regulated otherwise by resolution or memorandum of understanding
approved or adopted by the City Council;
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(e)
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Maximum accumulation of sick leave days and payment in lieu
of unused days may be further regulated by resolution or memorandum
of understanding approved or adopted by the City Council;
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(f)
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Full-time employment, for purposes of this Section, shall be
construed as the forty-hour week regardless of the hours actually
worked in a calendar week. An incumbent in a position budgeted for
less than forty hours per week shall accrue sick leave in the same
proportion that the number of hours per week budgeted in that position
bears to the forty-hour week;
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(g)
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Department heads shall be responsible to the City Manager for
the uses of sick leave. Department heads may require supporting documentation
for sick leave in excess of six consecutive working days;
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(h)
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When an employee's use of sick leave that is not protected under
State or Federal law exceeds average usage and/or interferes with
the employee's job performance, the sick leave usage may be cited
as a legitimate rating factor in performance reviews even though use
of sick leave has not exceeded accrued leave;
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(i)
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Management and supervisory employees are expected to exercise
oversight of their departments, divisions, and work units, and excessive
absences among management and supervisory employees may be cited as
a legitimate rating factor in their performance reviews and the granting
or withholding of a performance bonus for those employees who are
eligible to receive a performance bonus;
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(j)
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An employee who is receiving disability payments under the Worker's
Compensation Act of California may use accrued sick leave to supplement
his or her worker's compensation benefit up to the amount of the employee's
base salary;
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(k)
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An employee who is receiving disability payments under the Workers'
Compensation Act of California shall, unless increased or decreased
by a resolution or memorandum of understanding approved or adopted
by the City Council, receive the difference between the disability
payments under the Workers' Compensation Act and full salary during
the first ninety days of such disability absence; this period of ninety
days or any portion thereof shall not be deducted from accrued sick
leave;
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(l)
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The right to benefits under the sick leave plan shall continue
only during the period that the employee is employed by the City.
This plan shall not give any employee the right to be retained in
the services of the City, or to extend the date of his or her separation
from the City through the use of sick leave, or any right or claim
to sickness disability benefits after separation from the service
of the City;
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(m)
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Any employee who is absent on sick leave shall notify his or
her department head or other immediate supervisor as soon as practicable,
consistent with applicable Department rules, or as otherwise provided
in a memorandum of understanding approved and adopted by City Council;
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(n)
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At the request of the appointing authority, the Human Resources
Director may require an employee to submit to an examination by the
City's medical or psychological examiner, and if the results of the
examination indicate that the employee is unable to perform his or
her duties or in the performance of his or her duties exposes others
to contagious illness, the employee shall be placed on sick leave
until adequate medical evidence is submitted that the employee is
medically able, with or without an accommodation, to perform his or
her duties, or will not subject others to contagious illness.
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(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07; Ord.
No. 2571CCS § 4, adopted 3/27/18)
An employee's unauthorized absence during regular working hours
for a portion of a day, or more, shall be an absence without leave.
An absence without leave shall be without pay and may be the basis
for disciplinary action, up to and including termination. An employee
who is absent without leave for three consecutive days has abandoned
his or her job. Three days of unapproved leave shall constitute automatic
resignation. The City may investigate and, if warranted, in its discretion,
grant a leave of absence to replace the automatic resignation if the
investigation shows that granting the leave is warranted by the circumstances
of the absence. The City shall investigate if the employee submits
a written request and, in its discretion, may grant a leave of absence
to replace the automatic resignation if the investigation shows that
granting the leave is warranted by the circumstances of the absence.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
An employee may be granted a leave of absence without pay upon
application approved by his or her department head and the City Manager,
or designee. Such leave may not exceed one years' time. Upon expiration
of the leave, the employee shall be reinstated to the same, or a comparable,
position held by the employee when the leave was granted. Such leave
shall be granted only in those cases where an employee's record of
service and qualifications justify the inconvenience to the City.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Military leave will be administered in accordance with Federal
and State law.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
An employee who resigns his or her position should give sufficient advance notice of his or her intention to enable the City to make provision for filling the position. Resignations must be in writing and filed with the Human Resources Director. Absence by an employee without leave for three consecutive days shall constitute automatic resignation as provided in Section 2.04.330.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Probationary employees may be separated, without right of appeal,
at any time on the recommendation of the department head and the Human
Resources Director with the approval of the City Manager. As-needed
(temporary) employees may be separated, without right of appeal, at
any time on the recommendation of the department head and concurrence
by the Human Resources Director, or designee.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Any Civil Service employee may be separated from his or her
employment for an indefinite period of time by the City because of
lack of work, lack of funds, abolition of position, or other similar
causes. Such an action is designated as a layoff, and shall entitle
the laid-off employee to be placed on the re-employment list for his
or her classification. Layoffs within a department of the City shall
be in reverse order of seniority. Employees with the least seniority
in a particular classification within a department shall be laid off
first. If more than one employee subject to a layoff in a particular
classification have equal seniority in that classification, that employee
with the least seniority in the department will be laid off first.
If more than one employee subject to layoff have equal seniority in
that department, the employee with the least seniority in City employment
will be laid off first. Re-employment from layoffs in a particular
department shall be in the reverse order in which the layoffs occurred.
Any position may be eliminated by the City Council. If the position
is reinstated, or if a position involving substantially the same duties
is created or filled within one year of the employee's layoff date,
the laid-off employee shall be entitled to re-employment in accordance
with the rules governing re-employment.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
If there is a class of positions of a lower rank, and in the
same promotional line as the class of positions from which layoff
is made, as determined by the Human Resources Director or designee,
the appointing authority shall demote the employee scheduled for layoff
to a position in the lower ranking class of positions in the department
in which the layoff has occurred. The employee with the lowest seniority
occupying such lower ranking position may in turn be laid off or demoted
in the same manner, to the end that the last person employed in the
lowest ranking class of positions may be the person laid off.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
(a)
Medical
Separations. Consistent with applicable Federal, State, and local
law, an employee may be separated when a chronic or frequently recurring
mental or physical condition or conditions render him or her incapable
of performing the essential duties of his or her position. The procedure
for effecting such separation shall be as follows: At the written
request of the appointing authority, or of the medical or psychological
examiner, the Human Resources Director may require an employee to
submit to an examination by the City's medical or psychological examiner.
If the results of the examination indicate that the employee is unable
to perform the essential functions of his or her job, the employee
may be placed on leave prior to retirement or to separation. If the
employee disputes this decision, he or she may appeal to the Personnel
Board, with its decision being final.
(b)
Disqualification
Separations. An employee may also be separated by disqualification,
that is, for failure to meet conditions specified at the time of appointment,
such as failure to pass a background check, or for falsification of
the employment application or for failure to obtain a required degree
or certificate or license within the time period specified.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Disciplinary action includes reprimand, demotion, suspension,
or removal. Progressive discipline will be used with the disciplinary
action taken dependant upon the severity of the misconduct or incident
on which the disciplinary action is based. The severity of the misconduct
or incident can result in the suspension or termination of an employee
even though that employee has had no prior discipline.
1.
Reprimand.
A reprimand may be issued by the department head or his or her designated
representative to an employee for an offense not serious enough for
suspension, removal, or demotion. A reprimand may be given orally
or in writing. If the reprimand is issued in writing, a copy shall
be forwarded to the Human Resources Department for inclusion in the
employee's personnel file. As an employee does not suffer loss of
pay or status from a reprimand, there shall be no appeal beyond the
City Manager.
2.
Demotion.
A demotion for disciplinary purposes should be made when the employee
renders unsatisfactory service in his or her position, yet is not
so unsatisfactory as to deserve dismissal from the service and gives
evidence of ability to perform work satisfactorily in a lower class
of positions. A demotion can also be a temporary reduction in pay
for a specified period of time.
3.
Suspension. A suspension is a temporary "without pay" status levied as a penalty for an offense where the cause is not sufficiently grave for dismissal. An employee may be suspended by the appointing authority for a period not to exceed thirty days (two hundred forty hours) in any consecutive twelve month period. Any suspension which results in the affected employee having a total suspended time in excess of thirty days (two hundred forty hours) during any consecutive twelve months shall constitute a removal, and shall be subject to the removal procedure set forth in Section 2.04.420.
4.
Removals.
An employee who has acquired permanent Civil Service status may be
removed for just cause.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Misconduct, incompetency, and/or inefficiency as used in Section 1110 of the City Charter includes, but is not limited to, any of the following:
(a)
Conviction
of a crime;
(b)
Use
of excessive force on a person in custody;
(c)
Conduct
unbecoming an officer or employee of the City, either on or off duty.
In matters of general conduct, officers or employees shall be governed
by the ordinary and reasonable rules of behavior observed by law abiding
and self-respecting citizens, and shall commit no act either on or
off duty tending to bring reproach or discredit to the City;
(d)
Violation
of any lawful official regulation or order, or failure to obey any
proper direction made and given by an individual acting in a supervisory
capacity;
(e)
Reporting
for duty, or being on duty under the influence of any intoxicant,
or absenting oneself from duty or rendering oneself unfit to perform
fully one's duties for reasons attributable to, or produced by, use
of intoxicants;
(f)
Offensive
conduct or obscene language in public, or towards the public, City
officials, or employees, either on or off duty;
(g)
Incompetency,
inefficiency, or repeated inattention to duties in the performance
of job duties;
(h)
Carelessness
or negligence with the monies or other property of the City, appropriating
to his or her own use any property of the City, or loaning, selling,
or giving away such property without legal authorization;
(i)
Using
or attempting to use political influence in securing promotion, leave
of absence, transfer, change of rate of pay, or work assignment;
(j)
Inducing,
or attempting to induce, an officer or employee in the service of
the City to commit an unlawful act or to act in violation of any lawful
departmental or official regulation or order;
(k)
Taking
for his or her personal use from any person, a fee, gift, or other
valuable thing in connection with official work for the City, when
such gift or other valuable thing is given in the expectation of receiving
favored treatment;
(l)
Seeking
or accepting election, nomination, or appointment, as an officer of
a political club or organization, or taking any active part in any
municipal political campaign, or seeking signatures to any petition
seeking to advance the candidacy of any person for any municipal office;
attempting, while on or off duty, to influence the vote of another
member on duty for or against any candidate for municipal office;
(m)
Wilfully
making any false statements, certificates, marks, ratings, or reports,
or in any manner committing or attempting fraud against the City.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Grievances which involve removal, demotion or suspension, may be appealed to the Personnel Board as provided in the City Charter (see Section 1110). All other complaints and grievances which any employee may have because of any action affecting his or her terms or conditions of employment shall be handled in accordance with the grievance procedure in the applicable memorandum of understanding.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
An employee exercising the right to answer charges, as specified in City Charter Section 1110, shall include in his or her answer a response to the pertinent facts relating to the charge. The answer shall be signed by the employee or the employee's representative and shall set forth his or her mailing address. If the answer does not request a hearing, the Personnel Board shall consider the answer and may make such investigation as necessary, and may file any findings and recommendations it deems necessary as to disposition of the case with the City Manager.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
If the employee requests a hearing on a removal, demotion or
suspension, the Personnel Board shall hold an informal hearing within
thirty calendar days, or as soon as scheduling allows. The hearing
date may be postponed from time to time for good cause. The notice
of time and place set for the hearing shall be posted on the usual
posting boards in the City Hall, and a copy shall be mailed or otherwise
promptly furnished to the appellant by the Human Resources Director.
The notice shall be addressed to the appellant at his or her last
known post office address and sent by personal delivery or express
mail delivery at least fourteen days prior to the date of hearing.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
After a hearing has been requested, a party to the hearing is
entitled to statements, writings, investigations, photographs, tape
recordings and other documents that are relevant to the subject matter
of the hearing. The intent of this provision is to allow all parties
access to discovery in order to facilitate a fair hearing and an expeditious
resolution of the matter before the Board. The party desiring discovery
must send a written request to the other party setting forth the requested
material at least fourteen days before the hearing, with production
due no later than seven days before the hearing. The Personnel Board
may adopt a resolution setting forth further rules for exchange of
discoverable information.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Hearings may be adjourned from time to time only upon a showing
of good cause. In the event that the employee fails to appear in person
at the time and place set for the hearing, or adjourned hearing, it
shall constitute a waiver of his or her right to any hearing or further
hearings, as the case may be, and the Personnel Board may proceed
forthwith to investigate and determine the case in the same manner
as though no hearing had been requested. If the employee submits in
writing to the Personnel Board on or before the time set for the hearings
an acceptable reason for his or her absence, the Board, at its discretion,
may set a new time and place for the hearing.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
An employee may be represented by counsel or other representative.
If the employee obtains representation, notice of such representation
shall be filed with the Personnel Board at least forty-eight hours
prior to the time set for the hearing.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
All hearings before the Personnel Board shall be private unless
the appellant requests a public hearing at least twenty-four hours
prior to the date scheduled for the hearing. The Personnel Board shall
adopt a resolution regarding the conduct of its hearings, setting
forth rules and procedures to be followed when the Board acts as a
trier of fact. All hearings shall be conducted in an orderly and expeditious
manner with a view to the presentation of all material facts so that
a fair and impartial decision may be made. The Chair of the Board
shall have full authority at all times to maintain orderly procedure
and to restrict the hearing to facts and witnesses that are relevant
to the appeal, and that are not unduly time consuming, cumulative,
prejudicial, confusing or misleading.
The Chair of the Board may exclude from the hearing any or all
other witnesses during the examination of a witness for the matter
before the Personnel Board. In the discretion of the Personnel Board,
the Chair of the Board may exclude all persons from the hearing during
the testimony of a witness, except members of the Personnel Board,
its employees, a court reporter if one is present, and parties to
the hearing, and their respective representatives, whenever the Personnel
Board determines that such exclusion is reasonably necessary in order
to protect the witness.
If any person in proceedings before the Personnel Board disobeys
or resists any lawful order or fails to respond to a lawfully issued
subpoena, refuses to take the oath or affirmation as a witness, or
thereafter refuses to be examined, or is guilty of misconduct during
the hearing or so near the hearing location as to obstruct the proceeding,
the Personnel Board may, pursuant to the authority of Government Code
Sections 11455.10 et seq., certify the facts to the Superior Court
in and for the county where the personnel hearings are held and ask
the court to issue an order directing the person to appear before
the court to show cause why he or she should not be punished for contempt.
The order and a copy of the certified statement shall be served on
the person. Thereafter, the court shall have jurisdiction of the matter.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The Personnel Board shall submit written findings and conclusions,
together with such recommendations as it deems proper, to the appellant
or appellant's representative, the appointing authority, the Human
Resources Director, the City Attorney's Office, and the City Manager
within ten days after completing the hearing and deliberations.
If the Personnel Board concludes that the appointing authority
suspended, demoted, or removed an employee without just cause, its
recommendation of reinstatement without loss of pay shall be binding
upon the appointing authority, who forthwith shall reinstate the employee.
An employee who is reinstated shall be entitled to back pay minus
any sum the employee has earned from other sources during the period
of absence.
If the Personnel Board concludes that the appointing authority
suspended, demoted, or removed an employee with just cause, any recommendation
it makes as to penalty or other conditions shall be advisory only
and shall not be binding on the appointing authority.
The vacancy created by a removal may be filled by the appointing
authority by temporary appointment pending the completion of any proceedings
taken hereunder.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
(a)
Use of Hearing Officer. At the request of an employee or if
the Personnel Board determines that it is desirable, it may delegate
the initial review of employee suspensions, demotions terminations
or other matters to a Hearing Officer. An employee's request for a
Hearing Officer should be submitted in writing with the answer to
the statement of charges. The City will pay the cost of the Hearing
Officer, but if a court reporter is requested by either party, that
party shall pay the cost of the court reporter.
(b)
Assignment of Hearing Officer. The City Attorney may, at his
or her election, utilize one or more of the following procedures for
assigning Hearing Officers to cases:
(1)
City-Employed Hearing Officers. The City may employ
one or more neutral individuals with training and experience in administrative
law and due process to hear and make initial recommendations on employee
disciplinary appeals, or any other employer-employee dispute referred
by the Personnel Board under this Section. The Hearing Officer(s)
shall be an attorney, or shall possess other comparable and adequate
qualifications as determined by the City Attorney. If more than one
Hearing Officer is employed by the City, assignments to particular
cases shall be made on a random basis.
(2)
Administrative Adjudication Services. If, in the City
Attorney's judgment, the nature, complexity or circumstances of a
particular case warrants use of an adjudicative service, a case may
be referred to the State Office of Administrative Hearings, the State
Mediation and Conciliation Service, the American Arbitration Association,
or another mediation or arbitration service that provides Hearing
Officers who are skilled and knowledgeable in public sector labor
and employment relations.
(3)
Hearing Officer Panel.
(a)
The City Attorney may compile a Hearing Officer panel list of no
less than twenty persons who have agreed to serve as Hearing Officers
for a term of two years. Each panel member shall be experienced in
the field of public sector labor and employment relations or employee
discipline and shall be an attorney or possess other comparable and
adequate qualifications as determined by the City Attorney. If the
City Attorney opts to compile and utilize a list of private persons
to serve as Hearing Officers, the following procedures shall be utilized
for assignment to each particular case.
(b)
The City Attorney, or designee, shall select, by a random process,
names of nine Hearing Officers from the Hearing Officer panel list.
These names shall be submitted to the employee or designated representative
and to the City's representative. Within five days of receipt of the
list, the employee and City shall confer to select a Hearing Officer
from the names provided. If the employee and City are unable to mutually
agree on a Hearing Officer, the Hearing Officer shall be selected
by a process of elimination. Each party, beginning with the City,
shall strike a name from the list until one name remains, who shall
be the Hearing Officer.
(c)
The City shall promptly notify the Hearing Officer of his or her
selection and within fifteen days of his or her selection, the Hearing
Officer shall notify the parties of a hearing date. If the Hearing
Officer is unable to schedule a hearing within sixty days of his or
her selection, then at the request of either party, the City Attorney
shall provide a new Hearing Officer list until a Hearing Officer is
selected who is able to so schedule a hearing date.
(c)
Duties of Hearing Officer.
(1)
The Hearing Officer shall hold a hearing not later than sixty days
following his or her selection unless an extension of time is granted
by mutual consent of the parties. The parties will be given no less
than ten days' written notice of the time and place of the hearing.
For good cause, at the request of any party, the Hearing Officer may
reschedule a hearing.
(2)
The hearing will be conducted in accordance with all applicable laws
and procedural rules adopted by the Personnel Board.
(d)
Report of Hearing Officer.
(1)
At the conclusion of the hearing, the Hearing Officer shall write
a report in a format specified by the Personnel Board and shall make
factual findings and recommendations for consideration by the Personnel
Board.
(2)
The Hearing Officer shall issue the report to the City Attorney's
Office within thirty days of completing the hearing. The City Attorney's
Office shall send a copy of the report to both the employee and City.
(3)
The employee and City shall have fifteen days from the date they
receive the report to file written objections to the report with the
Human Resources Department. All information necessary for the Personnel
Board to make its decision concerning the objections should be included
in the written objections. If the objections are based upon the Hearing
Officer's findings of fact, the objecting party shall order and pay
for the cost of a transcript of the hearing. Each party shall serve
a copy of his or her objections on the opposing party.
(e)
Consideration of Report by Personnel Board.
(1)
The Personnel Board shall consider the Hearing Officer's report within
sixty days after it is issued.
(2)
The Personnel Board has the power to adopt, modify or reject the
findings and recommendations of the Hearing Officer based upon the
record.
(3)
The Personnel Board shall consider all written objections to the
report filed pursuant to subsection (d) and may, at its discretion,
permit a brief oral argument according to such rules as it may adopt.
(4)
The Personnel Board shall render its findings and conclusions in
writing not more than ten days after it considers the Hearing Officer's
report, which shall constitute the decision of the Personnel Board.
A copy will be sent to the employee, appointing authority, Human Resources
Director, City Attorney's Office, and City Manager.
(f)
Review of Personnel Board Decision. The decision of the Personnel Board shall be reviewable by petition filed pursuant to Code of Civil Procedure Section 1094.5, provided such review is sought not later than the ninetieth day following the date on which the decision becomes final in accordance with provisions of Section 1.16.010 of this Code and Code of Civil Procedure Section 1094.6.
(g)
Nothing
in this Section shall constitute or be construed as a limitation on
the City Council's authority to grant additional procedural rights
to City employees through the collective bargaining process.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07; Ord.
No. 2399CCS § 1, adopted 5/8/12)
A break in service shall occur when an employee is separated from City service by resignation, discharge or other type of separation, other than a layoff, if an employee is hired from a layoff list, seniority accrued prior to layoff shall be continued to his or her credit. If an employee who resigns is re-appointed in accordance with Section 2.04.260 (Re-appointments), his or her last seniority date with the City will be moved forward by the number of days covered by the break in service. However, any time spent in a layoff status, or in a leave of absence without pay status in excess of one month, or the time covered by a break in service as a result of a resignation, shall not be counted as satisfactory service for purposes of making periodic pay increases in accordance with the provisions of the applicable memorandum of understanding governing such increases.
This Section shall not apply to situations in which an employee's
leave of absence is taken pursuant to Federal or State law.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Permanent employees in the classified service of the City may
engage in part-time or occasional outside work, occupation, or business
activity for remuneration or profit, herein referred to as "outside
activity," outside of his or her regular working hours if such outside
activity will not interfere with the efficient and effective performance
of his or her duties with the City, does not create a conflict with
the duties carried out for the City and is approved in advance by
the Personnel Board on written recommendation of the appointing authority.
The appointing authority shall not recommend, nor shall the
Personnel Board approve, any proposed outside activity when such activity
would create an actual or perceived conflict of responsibility or
duty between the employee's City work responsibility and the proposed
outside activity. Any outside activity which would, by its nature,
tend to reduce the ability of the employee to exercise completely
independent and unfettered judgment with respect to effectively discharging
City work responsibility is prohibited.
Notwithstanding any other provision of law, any outside activity
in any way related to the professional field or official function
of the City Manager, City Attorney and City Clerk is prohibited except
upon specific application and approval by the City Council. Any outside
activity in any way related to the professional field or official
function of any Department Head or Division Manager of the City is
prohibited except upon specific application and approval by the City
Manager. The City Manager shall determine which positions are "Division
Managers." Educational activities at accredited institutions are exempted
from this prohibition to the extent such activities do not conflict
with the official functions of such employees.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
Any provision that pertains to a mandatory subject of bargaining
in accordance with State and/or Federal law can be changed through
the collective bargaining process and incorporated in the applicable
memorandum of understanding or resolution.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The City Attorney or designee shall advise the Personnel Board
regarding legal issues that arise in the course of regular and special
meetings, administrative hearings, public hearings, and matters heard
in closed session, including but not limited to advising and ruling
on the conduct of hearings, rules of procedure, relevance, and admissibility
of evidence and testimony, rules of conduct, and any other matters
within the scope of the Board's activities.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
The following definitions shall be used as the official definitions
of personnel transactions:
Appointments to Positions in the Classified Service.
Appointment authorized for a period limited to one hundred
eighty days.
Appointment from a Civil Service eligible list established
by competitive examination or off of a transfer list.
Appointment from a Civil Service reemployment list of an
employee who was laid off due to reduction of a budgeted position.
Change of an employee from one position to another position
within the City Service.
Change from one position to another position with a higher
maximum salary, without a transfer. Change in the duties of a position
sufficient to warrant reclassification to a position with a higher
maximum salary shall also be a promotion. A promotion does not include
"Periodic pay increase" or "Pay adjustment."
Change from one permanent position to another permanent position
with a lower maximum salary, without a transfer, or change from one
salary level to a lower salary level in the same job classification,
whether permanent or temporary.
Change of position between departments, divisions or work
units, without promotion or demotion.
Change from one position to another position with a lower
maximum salary, and change between departments, divisions or work
units.
A personnel transaction which changes an employee's basic
rate of pay without a change of position.
Increase in rate of pay of an employee within the salary
range for his or her position without change of position or salary
range.
An annual general salary adjustment to the salary ranges
of positions in the City Service. Salary increases implemented for
the job classifications represented by a recognized employee organization
that are not based on the performance of employees holding positions
in those job classifications.
After transfer or reclassification, when an employee's salary
remains at its current level until the pay rate of the employee's
new job classification rises, through COLAs or other adjustments,
to the level of the employee's current salary, at which time the employee
will again be eligible for periodic pay increases.
A personnel transaction which places an employee temporarily
in a non-pay status or which returns him or her to duty and pay status.
Temporary non-pay status and absence from duty required by
the appointing authority for disciplinary reasons or other reasons
pending inquiry. Suspension may be for a definitely limited period
or may be for an indefinite period pending investigation.
Temporary non-pay status and absence from duty required by
the appointing authority because of lack of funds or lack of work,
for a period not to exceed three months.
Temporary non-pay status and absence from duty requested
by an employee for personal reasons.
Return to duty and pay status from an indefinite suspension
or temporary layoff, or from sick leave which has lasted more than
thirty days.
A personnel transaction which results in the elimination
of an employee from the City Service.
Separation by action of the employee.
Separation at the employee's request, other than retirement
or disability separation.
Separation by employee's absence from duty for three consecutive
working days without prior excuse or without acceptable explanation.
Separation required by the City because of the employee's
misconduct or inefficiency.
Separation required by the City on charges of misconduct,
delinquency or other misbehavior, or for unsatisfactory performance
of duty.
A personnel transaction which results in the removal of an
employee from the City service, and which does not fall in any of
the foregoing categories of separation:
Separation other than "resignation" or other applicable term
from a temporary or probationary appointment.
Separation for an indefinite period of time by the City because
of lack of work, lack of funds, abolition of position or organizational
unit, or other similar cause. May be part of an overall Reduction
in Force (RIF) of the City's workforce.
Separation for failure to meet conditions specified at time
of appointment (such as failure to qualify based on a background investigation
or reference check, or falsification of application form) or failure
to secure required certifications within the time specified at time
of hire, or because of information which, if known at time of appointment
would have disqualified the employee for the appointment.
Separation because employee has been declared mentally incompetent
by a court of jurisdiction.
Separation of an employee whose mental or physical condition
renders him or her incapable of performing the essential functions
of his or her position and who is ineligible for disability retirement.
Disability separation does not include "Separation (Legal Incompetence)."
Separation upon death of the employee.
Placement on leave, with or without pay, while an investigation
is completed, or for other reason, without terminating an employee's
status.
(Amended by Ord. No. 2241CCS §
1, adopted 10/23/07)
