Whenever a vacancy in the classified service is to be filled, the appointing authority shall notify the director in the manner prescribed. If there is no employment list available for a class, the director shall decide the manner in which the position shall be filled pursuant to Section 3.05.010(B).
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012; Ord. 5674 § 14, 2016)
A. 
The department head shall arrange for a convenient time and place to conduct departmental evaluations of eligible persons, and shall notify them. Following appropriate candidate review, the department head may recommend an appointment to the city manager. The candidate(s) selected for appointment consideration shall be certified by the department head to the director, who shall arrange for medical and psychological (if applicable) examinations, fingerprinting, and any other pre-employment testing deemed to be necessary and appropriate.
The director may approve or disapprove the recommended appointment. If approved, the department head shall notify the appointee and, if the person accepts appointment and reports for duty within such period of time as prescribed by the department head, the applicant shall be deemed to be probationally appointed; otherwise, the applicant is deemed to have declined appointment.
B. 
Unless authorized as an exception by the city manager, no appointment of a new employee shall be made until the results of a medical examination (if applicable), psychological examination (if applicable) and background evaluation have been received by the director.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012; Ord. 5674 § 15, 2016)
All appointments in the classified service shall be based upon merit and fitness. Appointments shall be made by transfer, reinstatement, demotion, reemployment, promotion or from eligibles on an appropriate employment list, if available. The type or types of appointments utilized shall be in the best interest of the city as determined by the city manager. In the absence of persons eligible for appointment in these ways, provisional, temporary, emergency, or other types of appointments may be authorized by the city manager in accordance with these rules and the City Charter.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
A. 
General. In the absence of employment lists or a sufficient number of eligibles on appropriate employment lists from which regular appointments may be made, a person possessing the necessary knowledge, skills, and abilities and related qualifications for the vacant position may be given a provisional appointment pending the establishment of an employment list. The director shall determine and certify that such a person meets the necessary minimum qualifications. No person may be appointed to a provisional job assignment for more than 30 days after the establishment of an eligible list for the position held, and in no event for more than 90 days.
B. 
No Special Credit. No special credit shall be allowed in meeting any qualifications or in the giving of any test or in the establishment of any employment or promotional lists for a service rendered under a provisional appointment.
C. 
No Employment List. No provisional appointment shall be made to any position for which an employment list with more than three eligibles exists.
D. 
Removal. A provisional employee may be removed at any time without cause, and shall not have the right of appeal or hearing.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
To meet the requirements of an emergency condition which threatens life, property, or the general welfare of the city, the city manager may authorize the employment of such persons as may be needed for the period of the emergency, without regard to examination or appointment regulations in these rules.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
A. 
General. When personnel services are required to be rendered on a periodic basis or for a limited term, and the circumstances are such that it is not appropriate to make a provisional appointment, the city manager may make a temporary appointment of a person to render such services. Examples of circumstances which may call for a temporary appointment are:
1. 
When a regular employee is absent temporarily but has a right to return to city service;
2. 
When a regular employee has been dismissed or otherwise terminated and there are pending review proceedings which may result in reinstatement; or
3. 
The city council has authorized such temporary appointment, whether or not it is to a regular position in the city classified service.
B. 
Funding. No temporary appointment shall be made unless there are available funds in the applicable departmental budget or unless the city council has otherwise made funds available to compensate the appointee.
C. 
Compensation. Temporary appointments shall, to the extent practicable, be made from appropriate employment lists of persons certified by the director as having demonstrated the minimum qualifications necessary to perform the needed services, and who have indicated willingness to accept temporary employment at the rate or rates of compensation which may have been prescribed by the city manager or the city council for such temporary services. Unless otherwise directed by the city council, in a case where a temporary appointee is performing the duties of an absent regular employee, the rate of compensation payable for the temporary services shall be set by the city manager at or below the rate which would normally be received by the absent incumbent. In other cases not involving an absent incumbent, when the temporary appointee is performing services that are the same as or substantially similar to services normally performed by any regular employee in the classified service (such as when a temporary employee performs overload services), the rate of compensation payable for the temporary services shall be set by the city manager, not to exceed the rate which could be paid to such appointee if appointed to perform the same services as a regular rather than a temporary appointee.
D. 
Terms and Conditions. The acceptance of a temporary appointment shall in no way affect or prejudice a person’s rights to remain on any employment list, or to receive appointment from any such list to a vacancy in the classified service. The city manager, in making a temporary assignment, shall prescribe the terms, conditions, and time period of such employment provided that the city manager shall have no authority to deviate from any other provision of law or from any direction of the city council. The city manager shall further have the authority to terminate any temporary employment without cause at any time, and to alter or modify any of the previously preserved terms, conditions and time period of such employment unless the same were prescribed by the city council, in which case the city council may exercise like authority, except that no temporary appointment shall continue for more than one year of continuous service.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
Persons appointed to modified schedule (part time) positions work according to abridged work schedules of at least 20 but less than 36 hours per week. Modified schedule (part time) positions are created by budget adoption in response to fiscal constraints and/or limited workload. Employees in modified schedule (part time) positions are in the classified service, are selected by and subject to all rules and policies governing employees in the classified service, and are compensated at the same rate of pay as other similar employments in the classified service, except that fringe benefits and employment conditions predicated on service time shall be prorated where possible and practical, and in accordance with prevailing state laws.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
Except in connection with off duty employment, modified duty assignments may be available to employees who have an injury, illness or accident and have temporary restrictions placed on them by a health care provider or treating physician pursuant to Administrative Regulation 2.17.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
A. 
1,000-Hour Employees. Persons appointed as casual or seasonal employees perform duties on an as-needed basis according to the work load demands of the work unit of assignment. The work schedule may be for a maximum of 40 hours per week, but may not exceed 1,000 hours per fiscal year. Casual and seasonal positions are not in the classified service and do not possess or accrue any of the rights, benefits, or privileges possessed by employees in the classified service. Wages are paid on an hourly basis for work performed.
B. 
1,500-Hour Employees. In limited situations and with prior city manager approval, casual and seasonal employees may work up to 1,500 hours per fiscal year. Such employees are afforded access to retirement and medical benefits but do not accrue any other rights, benefits or privileges possessed by classified employees.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
A limited term employee is an employee hired into a position for a specific project with a specific ending date. The position shall last only for so long as the project or specific need for which it was created exists, but in no event longer than 36 months full-time employment or equivalent without a break of at least three months. The position shall only be used to perform work during periods of higher than usual workload, long-term absences of regular status employees or requiring specialized skills, and that cannot reasonably be performed using existing regular status 1,000-hour or 1,500hour employees. The city manager or designee is authorized to create limited term employee positions consistent with this subsection and so long as sufficient appropriations exist within the current operating budget to pay the full cost of the position. Limited term employees shall be at-will employees and shall be entitled to health insurance, CalPERS retirement, long term disability, holiday pay, vacation and sick leave and other benefits, on the same terms and conditions as a newly hired regular status employee. The city manager or designee shall have the authority to set the salary of the position consistent with good personnel practices and the city’s compensation schedule. Limited term employees shall receive no other compensation or benefits except as expressly listed in this section. Limited term employees shall either work full or part-time as that term is defined for regular status employees. Limited term employee positions are not regular positions and do not increase the number of city council created and budgeted full-time equivalent positions, or any portion thereof. For purposes of determining accrual rates for vacation leave, the service credit date for a limited term employee who is hired as a regular status employee of the city during his or her tenure as a limited term employee shall be the hire date for his or her most recent term of services as a limited term employee.
(Ord. 5661 § 2, 2016)
A. 
Employment of Spouse. It is the policy of the city not to discriminate in its employment and personnel actions with respect to its employees, prospective employees, and applicants on the basis of marital status. No employee, prospective employee, or applicant shall be denied employment or benefits of employment solely on the basis of marital status. This policy applies to the selection of persons for a training program leading to employment in addition to the above-designated persons.
Notwithstanding the above provisions, the city retains the right:
1. 
To refuse to place one spouse under the direct supervision of the other spouse where such has the potential for creating an adverse effect on supervision, safety, security, or morale;
2. 
To refuse to place both spouses in the same department, division, or facility where such has the potential for creating an adverse effect on supervision, safety, security, or morale, or involves potential conflicts of interest;
3. 
To maintain or adopt bona fide health plans which provide additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. Where such a bona fide health plan discriminates against individuals on the basis of marital status, benefits shall not be made conditional upon whether an employee is “head of household,” “principal wage earner,” “secondary wage earner,” or other similar status.
B. 
Employment of Relatives Other Than Spouse.
1. 
Relatives within the third degree of kinship by blood or marriage of the city manager, city attorney, director, city council members or any person exercising the appointing authority shall not be appointed to any classified position within city service.
2. 
Relatives within the third degree of kinship by blood or marriage of any city employee, regardless of status, shall not be hired in the same department, division or facility where such has the potential for creating an adverse effect on supervision, safety, security, or morale, or involves potential conflicts of interest.
C. 
Marriage or Relationships After Employment. If employees marry or otherwise become related to other employees in city service to within the third degree of kinship where such has the potential for creating an adverse effect on supervision, safety, security, morale, or conflicts of interest, this action may result in the transfer, resignation, or termination of one of the related persons within three months of such occurrence. The choice as to which of the employed marriage partners or relatives shall be transferred, resigned, or be terminated shall be made by the persons involved, who shall notify the director of their choice within the prescribed period. Failure of the employees involved to make such a choice shall thereafter be resolved at the discretion of the city, which shall be determined by the city’s best interests.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
A. 
Department Orientation. Within the first work week of an employee who has been appointed or promoted to a regular position, the department head and/or division head shall conduct a thorough orientation of the employee on such matters as the department’s organization and function(s), the employee’s role in helping to achieve departmental goals, the employee’s job content, training and evaluation standards, departmental rules and working conditions, job safety, promotional opportunities, and such other matters of departmental importance as determined by the department head.
B. 
Forms. Departmental orientations shall be recorded on forms prescribed by the director, and shall be signed by the employee and the person administering the orientation, after which the form shall be referred to the director for placement in the employee’s personnel file.
C. 
Human Resources Orientation. New employees to city service shall additionally receive an orientation by human resources staff with regard to the city’s compensation and benefit programs as well as any other information deemed appropriate by the director.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
The probationary period is an intrinsic part and extension of the employee selection process during which the employee shall be considered in training and under careful observation and evaluation by supervisory personnel. Generally, this period will be utilized to train and evaluate the employee’s effective adjustment to work tasks, conduct, observance of rules, attendance and job responsibilities, and to provide for the release of any probationary employee whose performance does not meet required standards of job progress or adaptation.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
The city manager shall establish probationary periods for each classification of employment in city service. Effective February 1, 2015, all original and promotional appointments for full-time and part-time positions shall be tentative and subject to a probationary period equivalent to 12 months of service.
Employees serving a probationary period shall have their probationary period extended one full pay period for each pay period that the employee is absent for a majority of that pay period regardless of the reason for such absence. Provided, however, that no probationary period, original and/or extended, may last longer than one year of actual hours. Actual hours worked excludes absences from work, leave or limited duty assignments or additional work beyond normal working hours pursuant to Section 3.01.040. Approved vacation leave shall count as actual hours worked.
(Ord. 3213 § 1, 1998; Ord. 3894 § 1, 2002; Ord. 5013 § 7, 2012; Ord. 5121 § 1, 2012; Ord. 5462 § 2, 2015; Ord. 5674 § 16, 2016)
At the conclusion of at least every three months of the probationary employee’s service term, the employee’s performance shall be formally evaluated in detail for all appropriate job factors, to include a narrative report on weaknesses or deficiencies and the specific means or methods to achieve required standards. Probationary evaluations shall also reflect whether or not the employee is demonstrating an appropriate level of job progress, given the nature of job responsibilities and the employee’s background and adaptive abilities.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
If at the conclusion of the employee’s probationary period, the employee’s performance has been satisfactory in the opinion of the department head, and advancement to regular status is warranted, the department head shall so state in the employee’s evaluation report to the director recommending regular appointment at least 10 calendar days prior to expiration of the probationary period. Upon approval of the director and city manager, the employee shall then be advanced to regular employment on the employee’s anniversary date. Should the department head notify the director that the employee should not be advanced to regular status, the probationary employee will be automatically released from city service.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
During an employee’s initial probationary period, an employee may be released from city service without cause at the sole discretion of the city. Such release shall not be subject to any appeal. Written notification of release shall be provided to the probationer, and a copy filed with the director.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)
Any employee released during the probationary period following a promotional appointment shall be reinstated to the classification from which the employee was promoted if the employee held regular status in the lower level position, unless dismissed for cause. Such release shall not be subject to any appeal.
(Ord. 3213 § 1, 1998; Ord. 5013 § 7, 2012)