In the construction of this chapter, the following words and phrases shall, unless the context requires otherwise, have the meanings ascribed to them in this section.
"Council"
shall mean the city council of the City of Escondido.
"Employee"
shall mean a person who is legally an incumbent of a position or who is on authorized leave of absence from such a position. Employee includes officer.
"Position"
shall mean any specific office or employment, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time or part-time basis.
"Rules"
shall mean the personnel rules adopted by the council.
"Unclassified service"
shall mean those positions established by the council, occupants of which shall serve solely at the discretion of their appointing authority.
(Code 1957, § 1500; Ord. No. 79-31, § 1, 9-5-79; Ord. No. 2018-08, § 3, 8-15-18)
Pursuant to the provisions of Government Code, Section 45000 et seq., the personnel system set forth in this chapter was adopted for the city in order to insure reasonable, equitable and uniform standards for the administration of personnel affairs.
(Code 1957, § 1511)
Unless otherwise provided in this chapter, the provisions of this chapter shall apply to all positions and employees in the service of the city.
(Code 1957, § 1522)
The council may contract with the governing body of a city or county within the state, or with a department of the state or other public or private agency, for the performance of any duties under the jurisdiction of the council.
(Code 1957, § 1536; Ord. No. 79-31, § 2, 9-5-79)
Editor's note — Section 19-6, relative to the composition of the personnel department, was repealed by Ord. No. 79-31, § 3, adopted Sept. 5, 1979.
The council may abolish any position whenever it deems such action advisable in the interest of economy or because the necessity for such position no longer exists.
(Code 1957, § 1572)
The city, as a part of its participation in an employment program which is funded entirely or in part by the state or federal government may employ personnel without placing such personnel in the classified or unclassified service unless such placement is a condition of the city's participation in such program. The rules, regulations and benefits applicable to the classified and/or unclassified services shall not, as a matter of obligation or right, be applicable to such program personnel. The council, or its delegate, may, however, apply to said program personnel those rules, regulations and benefits it determines are appropriately applicable.
(Code 1957, § 1524; Ord. No. 1463, § 2, 11-3-71)
The positions in the unclassified service shall be established and amended by resolution of the city council.
(Code 1957, § 1523; Ord. No. 1415, 3-10-71; Ord. No. 1446, § 1, 7-28-71; Ord. No. 1461, § 1, 11-3-71; Ord. No. 1547, § 1, 2-6-72)
No person or official body in the city service shall have the power to appoint personnel to positions in the classified service, unless specifically granted such power by law or ordinance or unless such power is delegated pursuant to ordinance and affirmed by resolution of the council.
(Code 1957, § 1551)
The chief of police may appoint reserve police officers who have completed training certified by the State of California Commission on Peace Officer Standards and Training (POST). Reserve police officers will have limited peace officer authority that is commensurate with their training and assignment. However, the chief of police may grant full peace officer powers and duties, as provided in California Penal Code section 830.1, to those reserve officers who have completed an appropriate POST Level 1 course of instruction and all Escondido police department required training. The chief of police may suspend, limit or withdraw the appointment of reserve police officer at any time for any reason.
(Ord. No. 2020-05, § 2, 2-5-20)
This chapter shall not be construed to authorize the employment of any person in a particular position who has reached the maximum retirement age for the particular position prescribed by the city's employees' retirement system. The employment of any person while he is receiving a retirement allowance under the city's employees' retirement system, by reason of prior city service, is hereby prohibited.
(Code 1957, §§ 1557, 1557.1)
In connection with any application for employment, examination or appointment, it shall be unlawful for any person to:
(a) 
Impersonate another;
(b) 
Wilfully make any false statement regarding any material fact;
(c) 
Furnish or receive examination questions or other examination material in advance of the examination in order to give advantage to a candidate;
(d) 
Practice or attempt to practice any other deception or fraud; or
(e) 
Knowingly to be in any manner instrumental in the accomplishment or attempt of accomplishment of any such acts.
(Code 1957, § 1581)
Every person who has permanent status in a classified position shall retain such employment so long as minimum job requirements are met and so long as such a position exists, except as otherwise provided in this chapter.
(Code 1957, § 1571)
Any classified permanent employee who is promoted from a position in which he had permanent status and who is rejected by the appointing authority during probation in a new position shall be restored to permanent status in his former position, unless he is discharged from the service of the city in which case he shall have the same right to review by the board as is accorded employees with permanent status. No such demotion shall in turn require the layoff or demotion from such lower class of any employee whose length of service in such class is more than the demoted employee's total unbroken city service in the lower and higher class. Demotion may also be made to a vacant position upon request of the employee and approval of the city manager.
(Code 1957, § 1574)
(a) 
The council shall, at least annually, adopt by resolution a basic schedule of standard ranges and rates, a schedule showing the particular salary or rate which shall apply to each position, and the number of regularly required working hours per week for all employees.
(b) 
Such rule and resolution together shall be known as the "Compensation Plan."
(c) 
The council shall prescribe by rule the procedures for administration of the foregoing schedules in the classified service.
Cross references - Payment of salaries of city employees, officers, § 2-8; salary of city clerk, § 2-9; salary of city treasurer, § 2-10; compensation of city manager, § 2-44; city manager to prepare and submit salary plan, § 2-59; compensation of city attorney, § 2-83; compensation of director of finance, § 10-23; compensation of members of board of review, § 19-49; compensation of planning commission members, § 20-6; compensation of traffic commission members, § 28-59.
(Code 1957, §§ 1542-1542.2; Ord. No. 73-39, § 1, 8-8-73)
No person shall in any manner pay or cause to have paid any salary or wage of any kind for service in any position except in accordance with the compensation plan.
(Code 1957, § 1542.3)
Personnel rules established and approved pursuant to this chapter shall have the force and effect of law.
(Code 1957, § 1541.1; Ord. No. 73-39, § 4, 8-8-73; Ord. No. 79-31, § 9, 9-5-79)
Editor's notes - Ord. No. 77-28, § 1, adopted May 25, 1977, specifically amended the Code by repealing former §§ 19-21 - 19-24, which had pertained to credit on examinations to veterans. Said sections had been derived from Code 1957, §§ 1561 - 1564, and Ord. No. 73-39, § 2, adopted Aug. 8, 1973. Ord. No. 79-31, §§ 8 - 10, enacted Sept. 5, 1979, provided that §§ 19-51, 19-52 and 19-54 be redesignated §§ 19-21 - 19-23.
No employee in the service of the city, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of his race, sex, religion, national origin, age, political opinions or affiliations, except opinions or affiliations with groups favoring overthrow of the government by force or violence.
(Code 1957, § 1553)
(a) 
No officer of the city, elected or appointed, or head of any department, or supervisor, shall hire under him or in his department any person related to such officer, department head, or supervisor, by consanguinity or marriage.
(b) 
No person related to an officer of the city, elected or appointed, or head of any department, or supervisor, by consanguinity or marriage, shall be employed under or in the department of such officer, department head or supervisor.
(c) 
This section shall not prohibit the hiring of a person related to an officer of the city, elected or appointed, or head of any department, or supervisor, by consanguinity or marriage, provided that:
(1) 
Such person may be hired only on a temporary basis to fill a seasonal position, and
(2) 
Such person shall not be hired directly by, or employed in a position directly under the supervision and control of, said related officer, department head or supervisor.
(Code 1957, § 1554)
No person in any position shall directly or indirectly solicit or receive from anyone on the eligible lists or holding any position or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose whatever.
(Code 1957, § 1585)
(a) 
Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City of Escondido; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appointing authority shall consider the following factors:
(1) 
The classification, including its sensitivity, to which the person is applying or being certified, and whether the classification is unrelated to the conviction;
(2) 
The nature and seriousness of the offense;
(3) 
The circumstances surrounding the conviction;
(4) 
The length of time elapsed since the conviction;
(5) 
The age of the person at the time of the conviction;
(6) 
The presence or absence of rehabilitation or efforts at rehabilitation;
(7) 
Contributing social or environmental conditions.
(b) 
The appointing authority shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.
(c) 
An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city manager within 10 days of the date of the notice of disqualification. The city manager shall hear and determine the appeal within 90 days after it is filed. The determination of the city manager on the appeal shall be final.
(d) 
Pursuant to Section 11105 of the Penal Code of the State of California, the following officers of the City of Escondido are hereby authorized to have access to and to utilize state summary criminal history information duties set forth in this section:
(1) 
City manager;
(2) 
City attorney;
(3) 
Assistant to the city manager/personnel officer.
(Ord. No. 77-57, § 1, 10-26-77; Ord. No. 2018-08, § 4, 8-15-18)