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)
The council shall appropriate such funds as are necessary to
carry out the provisions of this chapter.
(Code 1957, § 1512)
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the composition of the personnel department, was repealed by Ord.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)
All positions in the service of the city, except those positions
created or filled pursuant to the authority defined in section 19-8.1,
shall be in the classified, unclassified or part-time service.
Cross reference — Members of fire department
included in classified service, § 11-56.
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(Code 1957, § 1521; Ord. No. 1463, § 1, 11-3-71)
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 power to appoint includes a corresponding power to discharge
or to administer other disciplinary action pursuant to rule and a
duty to direct or supervise subordinate personnel to insure efficient
performance of duty.
(Code 1957, § 1552)
Age shall not be the sole consideration for city employment.
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:
(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)
The appointing authority concerned shall observe the seniority
rule in putting into effect a required reduction in personnel in any
class of position pursuant to the rules.
(Code 1957, § 1573; Ord. No. 79-31, § 5, 9-5-79)
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.
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(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)
The city council, after hearing, shall adopt, amend or repeal
rules governing classified service.
(Code 1957, § 1541; Ord. No. 73-39, § 3, 8-8-73; Ord. No. 79-31, § 8, 9-5-79)
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)
The council, or its delegate, shall adopt, revise as necessary,
and administer a position classification plan covering all positions
in the classified service. The basic principles by which the council
shall be guided in classifying positions according to their duties
and responsibilities shall be provided by rules.
(Code 1957, § 1541.3; Ord. No. 79-31, § 10, 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.
The council shall appropriate such funds as are authorized by
state law to carry out the provisions of the insurance plan adopted
by state law.
(Code 1957, § 1413)
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:
(3) Assistant to the city manager/personnel officer.
(Ord. No. 77-57, § 1, 10-26-77; Ord. No. 2018-08, § 4, 8-15-18)