Personnel actions involving transfer or demotion may be voluntary or involuntary, disciplinary or nondisciplinary.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
Compensation. Any employee who is promoted to a position in a class with a higher salary range shall be placed in the step in the new higher range which is at least a 10 percent increase over the employee’s current salary step. In the event that the top step in the new range is less than 10 percent higher, the employee will then be assigned to the top step on the new salary range.
B.
Salary Anniversary Date. In general, a promoted employee is assigned a new salary anniversary date effective on the date of promotion. An employee who is promoted to a higher class effective within 30 calendar days of a step increase within the lower class range shall be eligible first to receive the within-range increase and then the higher step as provided in this chapter, provided that the employee’s performance was satisfactory for salary advancement in the lower class and that the higher class is reasonably within the career path of the lower class. Such determination shall be made by the director.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
Voluntary Transfer. Regular employees may request voluntary transfer to another position in the same class by submitting such a request in writing to the director. Transfers will be considered in accordance with Section 3.05.120, provided that such requests are on file with the director prior to the date the city manager authorizes a vacancy to be filled. If the transfer involves a change from one department to another, prior approval of both department heads must be granted or else the transfer must be by direction of the city manager.
B.
Involuntary Transfer. Involuntary, nondisciplinary transfers may be initiated upon the recommendation of a department head or the director and approval by the city manager. In such cases, an employee may be transferred from one position to another position in the same or comparable class. For transfer purposes, a comparable class is one with an equivalent maximum salary, involves the performance of similar duties, and requires substantially the same qualifications.
C.
General. Any employee who is transferred from one position to another position in the same class, or to another position in a comparable class, having the same salary range and substantially similar duties, shall be compensated at the same step in the salary range as previously received without a change in the anniversary date.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
Voluntary. Regular employees may request a voluntary demotion by submitting a written request to the director. Approval of the request shall be at the sole discretion of the city manager. Voluntary demotions shall be made only to a position for which the employee possesses the minimum qualifications. Upon approval of an employee’s request for voluntary demotion, the employee shall be given at least five days’ written notice prior to the effective date. Voluntary demotions shall be entered into the employee’s personnel records, including the establishment of a new anniversary date.
B.
Involuntary.
1.
Involuntary, nondisciplinary demotions may be initiated by the city manager as an alternative to layoff pursuant to Section 3.07.120.
2.
An employee promoted to and later demoted from an appointive position in the unclassified service shall be reinstated to the employee’s former classified position if the employee held nonprobationary status in that position.
3.
An employee demoted to a position in a class with a lower salary range shall be reduced in salary as follows:
a.
Disciplinary demotions may be assigned to any salary step in the lower class range which is at least one step less than that received in the class from which the employee was demoted. A new anniversary date shall be established on the effective date of the demotion.
b.
Nondisciplinary demotions shall be assigned to that salary step the employee would have received in the lower class if the employee’s service had been continuous in the lower class based on the original appointment date, which would be retained.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012; Ord. 5674 § 17, 2016)
An employee who is reinstated or reemployed in a position previously occupied shall be assigned to the step in the salary range received prior to separation, or a higher step, and a new anniversary date shall be assigned based on the reinstatement or reemployment date.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
Whenever a classification is reassigned to another salary range, the salary of each incumbent in the classification on the effective date of the reassignment shall be adjusted to the step in the new range that corresponds to the same step received in the former range. The same anniversary date shall be retained.
B.
When a salary range reassignment becomes effective within 30 calendar days of an employee’s salary anniversary date, the employee may first receive any within-range step or merit increase and then receive the corresponding range adjustment. Provided, that the employee’s performance was such that the employee was otherwise eligible for a step or merit increase.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
General. Reclassification from one level to another can only occur by job analysis that clearly documents that the employee has been officially performing new, additional and/or higher or lower level duties requiring higher or lower level knowledge, skill and ability, experience, and/or education, training and/or certificates. The director will evaluate the job analysis recommendation and determine if an upward or downward reclassification is merited. Reclassification is not to be used for the purposes of promotion or demotion.
B.
Compensation. The salary of an employee in a position that is reclassified shall be determined as follows:
1.
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 a change of class title.
2.
If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, then the salary of such employee shall be set at the same salary step in the higher class as the employee occupied in the lower class.
3.
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, the employee’s salary shall not change. If the employee’s salary is greater than the maximum step of the lower salary range, the employee’s salary shall be “Y” rated until such time as any general costof-living increase or other salary increase or adjustment results in a salary appropriate for the class. The employee’s salary anniversary date shall not change and the employee shall not be required to serve a new probationary period.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
General. Whether to pay a higher salary to employees performing higher level job responsibilities due to operational necessity is based on such considerations as: the employee’s ability and qualifications to perform at a higher level, whether the employee would be required to perform only routine or a significant range of the higher job responsibilities, whether the lower level position is in direct line and job scope of the higher class, and the length of time necessary for an employee to perform in a higher class. The purpose of compensating employees for performing work in a higher class is to establish a system by which employees will continuously receive a pay rate comparable to those job factors that establish pay for each class of work in city service. Authorization for an assignment to work in a higher class must be given by the employee’s supervisor and, except under emergency circumstances, requires advance approval of the department head, director and the city manager.
B.
Seniority and Out of Class. Work periods in higher class assignments shall not apply toward seniority or time-in-class considerations for layoff purposes as regards the higher class.
C.
Compensation. Compensation for out of class assignments are as set forth in applicable labor agreements.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012; Ord. 5674 § 18, 2016)
A.
Notice. An employee wishing to leave the classified service in good standing shall file a written resignation with the department head at least two weeks prior to leaving service, stating the effective date and reasons for leaving. The resignation shall be forwarded to the director along with a statement by the department head regarding the resigning employee’s service performance and other pertinent information concerning the cause for resignation. Failure of an employee to give the required notice shall be entered on the employee’s service record. The resignation of an employee who fails to give notice shall be reported immediately by the department head to the director.
B.
Effective Date. A resignation becomes final when accepted by the director. Once a resignation has been accepted by the director it cannot be withdrawn except at the discretion of the city manager. Once accepted, the resignation becomes effective on the date specified in the letter of resignation.
C.
Holidays. When a Friday is observed as a designated holiday pursuant to Section 3.12.140, for applicable employees, the resigning employee shall be paid for such Friday, provided the employee works at least one day following the holiday prior to service separation.
D.
Leave Usage. Whenever an employee gives notice of resignation, that employee may not take vacation leave or sick leave prior to service separation unless approved by the director, or unless such service separation will be by retirement.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
Classified employees may be dismissed at any time for cause upon recommendation of the department head and approval by the city manager. Upon approval by the city manager, the affected employee shall be notified in writing at least five calendar days prior to the effective date of dismissal to allow implementation of the pre-disciplinary and appeal processes, except for dismissal based on emergency circumstances, in which case the employee may be released immediately, but this shall not affect the employee’s right to due process.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012)
A.
Nondiscrimination in Work Force Reduction. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee’s race, color, creed, national origin, religion, sex, age, or physical handicap.
B.
Layoff Plan. In the interest of employees who may be adversely affected by a general layoff arising from the need to reduce the work force, the city may first solicit volunteers for alternative measures, such as early retirement, demotion, job sharing, reduced work hours, and the like, in order to reduce the impact upon employees, so long as the city determines that it is in the city’s best interest to take such measures.
C.
Abolition of Position. The city council may abolish any position in city service when, in council’s judgment, such action becomes necessary. Employees transferred, demoted or laid off because of abolition of positions shall receive written notice of such fact but shall not have the right of appeal in such cases. When a position is abolished, every effort will be made to transfer the affected employee to a comparable class and to follow the layoff procedures.
D.
Layoff Area and Priority. The city manager in consultation with the director and city council, shall determine the area(s) and positions in which layoffs may occur, including the identification of the department, division, work unit, class, and specific position. When a list of the affected areas and/or positions has been prepared, a copy shall be submitted to all affected and recognized employee organizations, and these regulations shall prevail as to the method and manner for implementing such layoffs:
1.
Generally, employees holding temporary, seasonal, part-time, probationary, or provisional appointments shall be laid off first. Employees serving in a permanent modified schedule (part-time) position shall be laid off second. Employees in classified service who have completed probation should be laid off last.
2.
Should it become necessary to lay off classified employees, the person(s) laid off shall be those with the least service credit within an identified position in the affected department. If two or more employees in this circumstance possess the same amount of service credit, the city manager shall determine which person shall be laid off on the basis of efficiency and effectiveness.
E.
Service Credit. Service credit shall be determined and defined as follows: Continuous service with the city, including successful completion of the initial probationary period, shall be the basis for receiving one point for each full month of service with the city.
F.
Layoff Notification. The director shall send written notice to the last known address of each employee affected by a layoff at least 15 calendar days prior to the effective date of such action. The notice shall include:
1.
The reason(s) for layoff;
2.
Classes or positions to which the employee may transfer or demote within the department, if any;
3.
Effective date of the action;
4.
Service credit of the employee based on the formula rating specified herein;
5.
Rules regarding waiver of reinstatement and voluntary withdrawal from the reinstatement list; and
6.
Appeal right of the employee; excluding layoff resulting from abolition of position.
G.
Bumping. An employee designated to be laid off may bump into any vacant position in the same class elsewhere in the city, or into any position of the same class held by an employee with lesser service credit elsewhere in the city. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the city and possesses greater service credit than another employee in the lower class. Thereafter, an employee may bump into any previously held regular position in the city, provided that the occupant of such position has lesser credit than the employee being laid off. Except as otherwise provided in subsection H, an employee who is bumped shall be laid off in the same manner as an employee whose position is abolished.
H.
Layoff of Bumped Employee. A bumped employee, or an employee laid off as a result of a displaced employee’s reversion to a lower classification, shall receive written notice of layoff not less than 10 calendar days prior to the effective date of the layoff.
I.
Reinstatement Lists. The names of regular employees who have been laid off due to reduction in force shall be placed on an appropriate reinstatement list according to the date of separation on the following basis: last employee laid off is the first employee on the list with other employees eligible in sequential order thereafter. Such list shall be used by the appointing authority when a vacancy for that class is to be filled before certification of any other employment list pursuant to Sections 3.05.130 and 3.05.140.
The eligibility of individuals on reinstatement lists shall extend for a period of two years from the date of layoff. Persons who do not respond to written notification of an opening within 10 working days shall have their names removed from the reinstatement list.
J.
Notice of Recall from Layoff. Notice of recall from layoff shall be given by return receipt requested mail. The notice shall specify the date for reporting to work, which shall be not less than five calendar days nor more than two weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the city, and attempted delivery or actual delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have three calendar days to accept or decline the recall opportunity.
An employee who fails to respond affirmatively in writing within three calendar days, refuses recall, or fails to report on the prescribed date waives all further right to recall and reinstatement as an employee. When recall is declined or waived, the city will proceed to the next person on the reinstatement list and follow the same notice and response procedure. This process will continue through the list until recall needs are met or until the list is exhausted. Reinstated persons shall receive the following upon return to service:
1.
Retention of permanent full-time service credit accrued as of date of layoff;
2.
The salary for the classification in effect as of the date of return, at the same step level as the date of layoff, not to exceed the top step;
3.
The accrual rate of vacation and sick leave in effect for the employee’s service credit length and class at the time of rehire, but insurance contributions shall be at the level of a new employee serving the obligatory probation period of at least six months if on layoff for more than one year;
4.
All other benefits or programs in effect at the time of layoff shall be forfeited unless they are still applied to the classification or salary range at the time of rehire, or provided to new hires as of that date.
K.
Resignation In Lieu of Recall. An employee who elects to resign in lieu of layoff or while laid off shall forfeit all rights to reinstatement and shall be entitled only to those rights received under normal separation from service.
(Ord. 3213 § 1, 1998; Ord. 4853 § 1, 2010; Ord. 5013 § 8, 2012)
A.
Separation/Termination. For non-disciplinary reasons, and after adhering to the city’s Reasonable Accommodation Policy outlined in Administrative Regulation 2.19, a regular employee may be separated/termi-nated because of a disability or medical condition, which precludes the employee from the ability to perform the essential duties of the job. Notice of the intended action with supporting information shall be served on the employee at least 10 business days before the effective date. Prior to the effective date, the employee shall be entitled to a meeting with the director, or designee, and may submit oral or written information in person, with a representative present. As a result of the meeting, the director may affirm, modify, or vacate the intended action and shall notify the employee in writing thereof within five business days. If the action is affirmed or modified, the employee shall have a right to an appeal and hearing in accordance with the process and procedure in Chapter 3.21.
B.
Disability Retirement. Prior to proposing separation/termination, the director shall consider the employee’s right to disability retirement, and shall coordinate with the employee in that regard. An employee otherwise eligible to retire for disability may not be separated/terminated for inability to perform work, and the employer shall apply, unless waived by the employee, for the employee’s retirement, per Government Code Section 21153.
(Ord. 5925 § 3, 2018)
Any employee who is laid off, terminated, retires, or who otherwise separates from city service for any reason must turn in to the employee’s supervisor all city-owned equipment and any city records in the employee’s possession, including the city identification card and any clothing, tools, or other working materials that have been provided. The employee is to complete all exit interviews and forms which may be required by the director.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012; Ord. 5925 § 1, 2018)
A.
Probationary Employees. Upon separation from service, probationary employees will not be entitled to payment for unused sick leave hours. Probationary employees are entitled to receive payment for all accrued vacation and compensatory time balances.
B.
Payment of Accruals. Employees in the classified service, regardless of service length, shall be entitled to payment for accrued (not pro rata) vacation and compensatory time up to their date of separation.
C.
Payment of Unused Sick Leave. The payment of unused sick leave is authorized by the city as a means of rewarding employees who have made conscientious efforts to maximize their attendance on the job and will be made pursuant to Section 3.12.070.
D.
Payment of Hours Allocated in Advance. Upon separation from service, hours allocated in advance such as holiday and management leave will be payable on a pro rata basis and included on the employee’s final paycheck.
(Ord. 3213 § 1, 1998; Ord. 5013 § 8, 2012; Ord. 5925 § 2, 2018)