Except as otherwise provided by this Appendix A, the code, or any other law or rule duly adopted by city, Appendix A will apply to all city employees.
(Ord. 705 Appx. A, 2004)
Violation of any rule or regulation herein will be grounds for disciplinary action and subject to the applicable appeals procedure provided herein.
(Ord. 705 Appx. A, 2004)
These rules will be amended pursuant to the provisions of the municipal code; provided, however, that for at least ten working days immediately prior to hearing by the city council of the proposed amendment of any provision of this Appendix A, said amendment will be publicly posted on the public bulletin board in the city hall together with notice of the time, place and date of hearings by the city council. Recognized employee organizations whose members may be affected by the proposed amendment will be provided with a copy of the proposed amendment at least ten days prior to any hearings held by the city council. At the time of hearing by the council, any interested person may appear and be heard. Amendments will become effective upon adoption of resolution by the city council following such hearings, or at such time as the adopting resolutions may provide.
(Ord. 705 Appx. A, 2004)
The city will not attempt to elicit nor will it elicit any information of any kind or character from any applicant, candidate, officer or employee concerning that individual's political or religious opinions or affiliations. Personnel actions will not be affected or influenced in any manner by the following reasons: the political or religious opinion or affiliation, the race, the sex, the age, the national origin, ancestry, color, sexual orientation, disability, or marital status of the individual involved. Nothing contained herein will be construed to preclude the execution as may be required by law.
(Ord. 705 Appx. A, 2004)
A. 
Personnel Files. The city manager will maintain a personnel file for each employee and officer in the service of the city showing the name, title of position held, the department to which assigned, salary, changes in employment status and such other information as may be considered pertinent. Materials maintained in said personnel files which serve as a basis for affecting the employment status are to be made available for the inspection of the individual involved. Employees have the right to inspect said materials upon request and scheduling as provided by administrative procedure. Information of a derogatory nature will not be entered or filed unless the employee is provided a copy thereof and an opportunity to respond. An employee will have the right to comment on any such derogatory information and the comments will be retained with the information. No information will be disclosed from the personnel file of a current or former officer or employee, unless written permission is provided in a form approved by the city manager, other than the officer's or employee's job title, work location, work phone number or departmental assignment to any person other than the city manager, finance director, city attorney or their designated representatives. Nothing herein will preclude nor specifically deny the use of any information in personnel files in any phase of a disciplinary action.
B. 
Personnel Transactions. Every transaction, including, but not limited to, appointment, transfer, promotion, disciplinary action, change of salary rate, or any other temporary or permanent change in status of employees, will be reported to and approved by the city manager in such manner as may be prescribed by this Appendix A and a copy of such change will be provided to the officer or employee.
C. 
Destruction of Records. Destruction of personnel records will be carried out in accordance with the provisions of the California Government Code relative to destruction of records.
(Ord. 705 Appx. A, 2004)
A. 
Preparation or Revision. The city manager will ascertain and record the duties and responsibilities of all positions in the service of the city, and after consultation with the appointing authorities, other affected officials and affected employee organizations, will recommend a classification plan for such positions or matters relating to the classification plan. The classification plan will consist of the job titles and job descriptions for all city positions. The classification plan will be so developed and maintained that all positions substantially similar with respect to duties, responsibilities and other like characteristics of work are included within the same job title. When, in the case that the duties of a position have changed materially so as to necessitate reclassification, the position will be allocated to a more appropriate job title whether new or already created in the same manner as originally classified and allocated. The duties of the job title will also be redescribed should the duties of the position change materially. Reclassification will not be used for the purpose of avoiding restrictions regarding demotions and promotions. No person will be appointed to any position unless said position has been incorporated in the classification plan as provided by these rules.
B. 
Adoption or Amendment—Effect. Classification plan or any part thereof will be established by the city manager; provided, however, that prior to the city manager's consideration, the classification plan or any amendment will be approved and recommended by the employee's department head. The department head's recommendations will contain a list of duties, authorities, responsibilities and working conditions of the positions in the classification plan to determine common job titles. Prior to the city manager's approval of the classification plan or any amendment thereto, a copy of the proposed amendment will be distributed to the affected employee organizations and posted on the appropriate departmental bulletin board.
(Ord. 705 Appx. A, 2004)
A. 
Application and Applicants.
1. 
Announcement. Notice of vacancies for all positions in the classified service will be given by the preparation of employment opportunities announcements. The announcements will be posted in the city hall, and may further be posted, distributed or advertised in such a manner for the city manager will to yield maximum effectiveness and benefit to the city in securing the largest number of qualified applicants. The announcement will specify the position, title and pay range of the position for which the examination is announced, the nature of the work to be performed, minimum and desirable qualifications, the date, time, place and manner of making applications, the closing date for receiving applications, the types of tests to be administered in the examination, and other pertinent information.
2. 
Application Forms. Applications will be made on forms provided by the city manager. All applications must be signed by the person applying.
3. 
Disqualification. The city manager may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Such minimum qualifications may include physical or psychological requirements if they are bona fide occupational qualifications for the position to which the applicant seeks appointment. An applicant may be rejected from an employment list if the applicant has made any false statement on the application on any material fact, or has practiced or attempted to practice any deception or fraud on his application. Whenever an application is rejected, notice of such rejection will be mailed to the applicant by the city manager.
B. 
Examinations.
1. 
Subject and Methods of Examinations. Examinations may be assembled, unassembled, written, oral, practical demonstration, or in any other combination which will evaluate fairly the qualifications of applicants. In whatever form the examination takes, it will relate to job responsibilities for the position and will be structured fairly to measure the applicant's capability to perform in the position. Examinations may consist of one or more of the following parts:
a. 
Performance Tests. The performance test is that part which deals with the duties of a position, and is designed to test the ability of an individual to perform those duties. Example: The practical test of driving or typing.
b. 
Written Test. The written test is that part which examines the knowledge and training which forms the basis for performing the duties of the position.
c. 
Application Evaluation Test. The application evaluation test is that part which reviews the applicant's training and experience as measured in relation to the minimum qualifications of the position and those of other applicants, through an analysis of application forms. Recommendations provided by references indicate the character of past employment, sobriety and general standing in the community as related to the requirements of the job may be included as part of this evaluation.
d. 
Physical Agility, Medical or Psychological Tests. A physical agility, medical and/or psychological examination or test may be required of any position.
e. 
Personal Interview Test. The applicant may be questioned on the duties of the position, training and experience, the nature of work previously performed, and other occupational qualification questions in order to determine the applicant's fitness for the position.
2. 
Conduct of Tests. The city manager will administer such tests as are appropriate and will arrange for the use of public building, materials, and equipment for the conduct of tests. All tests will be held unless no qualified applicants are available for testing.
3. 
Qualifying Grade. In all tests the minimum grade or standing for which eligibility may be earned will be based upon all factors in the test, including educational requirements, experience, occupational qualifications of the position, and other test validity studies. Failure in one test of an examination may be grounds for declaring that an applicant has failed the entire examination or is disqualified for subsequent parts of an examination.
4. 
Notification of Results. Each applicant taking an examination will be given written notice of the results thereof and of the applicant's final rating and, if successful, of the applicant's relative position on the subsequent eligible list. An error in grading or rating, if called to the attention of the city manager within ten days after notification of the results of the examination, will be corrected and appropriate changes to any eligibility list made. Corrections will not, however, invalidate a certification or appointment previously made. In promotional examinations applicants may be provided an analysis of their test results of only written standardized tests.
5. 
Review of Examination Contents. City will receive and review any and all comments offered by applicants concerning the examinations, their validity, and any other comments the applicant desires to offer.
C. 
Eligible Lists.
1. 
Employment. As soon as possible after the conclusion of an examination the city manager will prepare and keep available a list of names of persons successful in the examination. The final rating will be determined by the total of the scores received by each applicant for each test of the examination based upon the relative value assigned to each test. Applicants achieving identical final ratings will be ranked numerically in an alphabetical order by last name.
2. 
Reemployment Lists. Employees laid off under the provisions of subsection E of Section 8-218 of these rules will be placed on a reemployment list in the order of layoff. Employees who have resigned in good standing upon their request at the time of termination of employment will be placed on reemployment list for positions for which they are qualified following the names of employees laid off. Employees who resign and so request placement on the reemployment list(s) will be placed on the list(s) in the order, most to least, of the number of years in the position covered by the list.
3. 
Duration. Employment lists will become effective upon the approval of the city manager and upon certification that the same were properly prepared and represent the relative ratings of the names appearing thereon. Employment lists will remain in effect for one year and may be extended by action of the city manager for additional six month periods, but in no event will an employment list remain in effect for more than two years. Reemployment lists will remain in effect for a period not less than one year and so long as the employment list for the same position remains active.
4. 
Removal of Names from Eligible List. Candidates will be notified during examinations that their names will be removed from an employment list by the city manager:
a. 
If the candidate requests in writing that candidate's name be removed;
b. 
If the candidate fails to respond to a notice of certification mailed to the candidate's last known address;
c. 
If the candidate, having been certified for appointment three times, has not been appointed;
d. 
Or, if the candidate is no longer qualified for the position. The candidate affected will be notified of the removal by notice mailed to candidate's last known address. The names of candidates listed on a promotional basis who have either resigned or are discharged from the service of the city will automatically be removed from any such lists.
5. 
Order of Precedence. The order of precedence for employment will be as follows:
1. 
Reemployment list;
2. 
Employment list.
D. 
Method of Filling Vacancies.
1. 
Types of Appointment. All vacancies will be filled by transfer, reemployment, demotion, promotion, or by candidates certified by the city manager from an eligible list, if available. If there are no eligible persons, temporary appointment may be made in accordance with this Appendix A.
2. 
Notice to City Manager. Whenever a vacancy is to be filled, the city manager will be notified. The city manager will be advised as to the availability of employees for reemployment, request for transfer or demotion, and of candidates on employment lists for the position. The names of all candidates willing to accept appointment will be certified in the order in which they appear on the eligible list.
3. 
Appointment. After interview and investigation the appointing authority will make appointments from among the top five ranked candidates, including ties, certified in compliance with this Appendix A; provided, however, that should an eligible list be certified with less than three names on it, the appointing authority may obtain a new eligible list prior to appointment of any candidate. The city manager will notify the candidate selected. If the candidate accepts the appointment and reports for duty within such period of time as the appointing authority prescribes, and provides information and material as required by the city manager, the candidate will be deemed appointed; otherwise, the candidate will be deemed to have declined the appointment. Any candidate not appointed and who has a higher ranking than the candidate appointed pursuant to the provisions of this subsection will, upon request, be provided with a statement from the appointing authority describing the employment qualifications which the candidate should attempt to strengthen in order to make him or her a more desirable candidate for employment.
4. 
Temporary Appointments. In the absence of appropriate eligible lists, a temporary appointment may be made by the appointing authority if the person appointed meets the minimum training and experience qualifications for the position. An eligible list will be established within three months for any permanent position filled by temporary appointment. A temporary appointment may not exceed three months; provided, however, that the city manager may extend the period for any temporary appointment to a temporary position for not more than ninety additional days. No credit will be allowed in meeting any qualification or in the giving of any test or in the establishment of any eligible list for services rendered under a temporary appointment.
5. 
Civil Defense and Disaster —Emergency Appointments. City's office of emergency services may make emergency appointments without regard to the provisions of this Appendix A.
(Ord. 705 Appx. A, 2004)
A. 
Probationary Period.
1. 
Objective. The probationary period will be regarded as a part of the examination process and will be utilized for closely observing the employee's work, for securing the most efficient training in adjustment of a new employee to the position, and for rejecting any probationary employee whose performance is below average or unsatisfactory.
2. 
Regular Appointment Following Probationary Period. All appointments will be subject to a probationary period of six months; provided, however, that the city manager may extend the probationary period for any given job title not to exceed an additional twelve months upon finding that length of the initial probationary period in relation to training and other requirements of the position is insufficient to evaluate adequately a probationary employee's fitness. Employees serving their probationary periods at the time an extension for the job title is made will not have their probationary periods extended. Nothing contained herein will prohibit a department head from requesting an individual extension of a probationary period in place of termination.
3. 
Probationary Reports. Employee performance reports for probationary employees will be prepared at three month intervals through the entire probationary period. These reports will be submitted to the city manager on a prescribed form and will be filed for permanent record. Each report will be discussed with the employee and may be signed by the employee at that time and a copy will be given to the employee. If employee refuses to sign the performance report, said report will be annotated to that effect and placed in the employee's personnel file.
4. 
Rejection—Nonpromotional. During the probationary period an employee may be rejected at any time by the appointing authority. A probationary employee so rejected will not have the right to appeal such rejection or to file a grievance relating thereto. Notification of rejection in writing will be served upon the probationary employee seven days prior to the discharge date, except in the case of an emergency, and a copy will be filed with the city manager as soon as possible.
5. 
Rejection—Promotional. Any employee rejected during the probationary period following a promotional appointment will be reinstated to the position from which the employee was promoted.
B. 
Transfer. An employee may be transferred at either the employee's request or at the discretion of the appointing authority at any time from one position to another position in the same comparable class. If the transfer involves a change from the jurisdiction of one department or office to another, the prior consent of the head of each department or office will be required unless the appointing authority orders the transfer for the purposes of economy or efficiency. Transfer will not be utilized to effectuate promotion, advancement, reduction, or disciplinary action. No employee will be transferred to a position for which the employee does not possess the minimum qualifications. If an employee is involuntarily transferred, the employee may file a grievance to appeal such transfer, in the manner as provided by this Appendix A.
C. 
Promotion. Vacancies may be filled by promotion from within the classified service or by open competitive examination. Appropriate examinations will be used to develop an eligible list for determining qualified promotional candidates. The decision as to whether a particular examination will be on a competitive or on a promotional basis will be made by the city manager, based upon the determination as to how best the position can be filled to satisfactorily meet the needs of the service.
D. 
Demotion.
1. 
Except as provided in Section 8-220, demotion is a disciplinary action available to the appointing authority.
2. 
Upon request of the employee, and with the prior consent of the prospective department or office head, demotion may be made to a vacant position.
3. 
No employee will be demoted to a position for which the employee does not possess the minimum qualifications.
E. 
Layoff. An appointing authority may lay off an employee in the classified services as dictated by the needs of the service as determined by the appointing authority. Employees within a classified service job title affected by a layoff will be laid off in an inverse order based upon a rating derived as follows: An employee will be rated based upon the employee's length of service (one point for each year) plus skills (one point for each six months of outstanding employment). On or before the pay period next preceding the effective date of the layoff, the appointing authority will notify the affected employee(s). If service has been satisfactory, the name of the employee(s) laid off will be placed on the appropriate reemployment list as provided by these rules.
F. 
Resignation. An employee wishing to resign in good standing will file with the employee's supervisor at least two weeks before leaving the service a written resignation stating the effective date and reasons for leaving. Failure to comply with this rule will be entered on the service record of the employee and may be cause for denying future employment by the city. The resignation will be forwarded by the supervisor, through the department head, to the city manager with a statement by the appointing authority or department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. An employee who fails to give notice of resignation will be reported to the city manager by the department or office head immediately, and is not eligible for reemployment. An employee who leaves the service in good standing may request reemployment rights through the city manager as described by this Appendix A.
(Ord. 705 Appx. A, 2004)
The manner and method of pay for employees is prescribed in the annual budget of the city and/or duly adopted memoranda of understanding, If, in the case the employee's probationary period is extended as provided by this Appendix A, an employee will nonetheless be eligible for pay advancement at the expiration of the initial probationary period, if such pay changes are provided by the annual budget of the city and/or memoranda of understanding affecting the employee's job title. Such pay change will be effective only after the department head has certified that the employee has performed satisfactorily during the initial probationary period.
(Ord. 705 Appx. A, 2004)
A. 
Applicability.
1. 
The provisions of this section, including permitted disciplinary actions, and hearing and procedural requirements, will be available only to permanent classified employees and permanent classified management employees.
2. 
Disciplinary action may be taken against any person employed by the city who is neither a permanent classified employee nor a permanent classified management employee without regard to this section. City personnel who are not permanent classified or classified management may be disciplined without cause and will have no right to the notice and hearing requirements set forth within or to any other notice and hearing provision whatsoever.
B. 
Permitted Disciplinary Action. The following disciplinary actions may be taken against an employee for one or more of the causes for discipline specified in subsection D of this section, or for any other just cause:
1. 
Discharge;
2. 
Demotion;
3. 
Suspension without pay;
4. 
Written reprimand;
5. 
Verbal reprimand;
In the case of suspension without pay, such suspension will not exceed thirty working days, and no employee will be penalized by suspension for more than thirty working days in any fiscal year.
C. 
Delegation of Disciplinary Authority. The city manager may, at any time, authorize any department or office head to discipline subordinate employees subject to the procedures in these rules.
D. 
Causes for Disciplinary Actions. Causes for disciplinary action against any employee will include, but not be limited to, the following listed causes; disciplinary action may be taken for any other just cause, even though it may not appear hereinbelow:
1. 
Fraud in securing employment;
2. 
Neglect of duty;
3. 
Willful violation of safety rules;
4. 
Tardiness;
5. 
Unauthorized absence;
6. 
Being under the influence of alcohol and/or any drugs during working hours;
7. 
Refusal or failure to perform assigned work;
8. 
Violation of any city rule, regulation or ordinance applicable to an employee's performance;
9. 
Conviction of a felony or any crime involving moral turpitude;
10. 
Offensive treatment of the public or fellow employees;
11. 
Disobedience of lawful order;
12. 
Misuse, misappropriation or theft of city property;
13. 
Falsification of city records;
14. 
Unauthorized sleeping on the job;
15. 
Incompetent, inept, substandard or untimely performance of assigned work;
16. 
Instigates fellow employees into disobedience of supervisors;
17. 
Violation of any applicable city or state financial conflict of interest laws, rules or regulations.
E. 
Procedural Requirements Prior to Disciplinary Action. No employee for whom this section applies will be subject to disciplinary action unless such employee has received:
1. 
Notice of the proposed action and of the grounds for such action;
2. 
A written copy of the charges and grounds for such charges;
3. 
A reasonable time to answer the charges, not to exceed fifteen days;
4. 
A written decision on such answer at the earliest practicable date, not to exceed fifteen days following the answer. No disciplinary action will be taken against an employee until the time period provided herein has been exhausted without a response from the employee or the employee has responded to the proposed disciplinary action.
F. 
Notice of Proposed Action. An employee against whom disciplinary action is pending is entitled to reasonable advance written notice stating any and all reasons, specifically and in detail, for the proposed action. The material on which the notice is based and which is relied on to support the reasons in that notice including, but not limited to, statements of witnesses, documents, and investigative reports or extracts will be assembled and made available to the employee for review. The notice will inform the employee when and where the employee may review such materials. Material which is classified as confidential, and as such, is not available for the employee to review will not be used to support the reasons in the notice.
G. 
Employee's Answer. An employee is entitled to a reasonable time, not to exceed fifteen days unless the appointing authority authorizes a longer time, to answer a notice of proposed disciplinary action. The time to be allowed depends on the facts and circumstances of the case, and will be sufficient to afford the employee ample opportunity to review the material relied on by the appointing power to support the reasons in the notice and to prepare an answer. If the employee answers, the appointing power will consider the answer in reaching a decision. The employee is entitled to answer through a designated representative, personally, or in writing, or any combination. The right to answer personally includes the right to answer orally in person by being given a reasonable opportunity to make any representations which the employee believes might affect the final decision in the case. When the employee requests an opportunity to answer personally, the appointing power will personally hear the answer. The word "answer" will include such statements, affidavits, declarations, or other evidentiary matter as the employee may wish to submit.
H. 
Status of Employee During Notice Period. Except as otherwise provided, an employee against whom disciplinary action is proposed is entitled to be retained in an active status during the notice period. When circumstances are such that the retention of the employee in an active status in the employee's position may result in damage to city property or may be detrimental to the interests of the city or injurious to the employee, fellow workers or the public, the appointing authority may temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid suspension.
I. 
Notice of Decision. Any employee against whom disciplinary action is pending is entitled to notice of the appointing authority decision at the earliest practicable date, not to exceed fifteen days following the answer. The appointing authority will deliver the notice of decision to the employee at or before the time when the action will be effective. If discipline is to be imposed, the notice will be in writing, be dated and inform the employee of the following:
1. 
Which of the reasons in the notice of proposed disciplinary action have been sustained and not sustained;
2. 
Of the right to appeal the notice of decision, as provided in this section, if and only if such disciplinary action results in discharge, demotion or suspension. The employee will have no such right to appeal if the disciplinary action is with a written reprimand or a verbal reprimand. However, the employee may provide a written response to the reprimand and the response will be placed in employee's personnel file;
3. 
Of the time limit for such appeal, if after notice and answer the appointing authority decides not to discipline the employee, the employee will be notified within fifteen days following the answer. A decision not to discipline will be accompanied by a directive to the city manager to delete all reference to the pending action from the employee's personnel file.
J. 
Appeal of Disciplinary Actions.
1. 
If, pursuant to the provisions of subsection I of this section, an employee appeals the notice of decision, a hearing officer will be named to hear the matter. The hearing officer will be appointed from a list maintained by the city clerk. The city clerk's appointment will be by random selection from among those appearing on the list. Both the employee and the city will have the right to challenge and refuse any person so selected, the employee to first exercise this right; provided, that the employee and the city may each so challenge only one person. The city clerk's random selection will proceed until both parties are satisfied with the selection or until their rights to challenge are exhausted. The list will be compiled by obtaining names from the Del Norte County Bar Association or by another agency independent of the city for the purpose of providing impartial, competent hearing officers to hear disciplinary appeals.
2. 
The hearing authorized herein will be held within thirty days following the request for hearing.
3. 
Whenever a hearing on any disciplinary action is to be held, the city manager will notify the person requesting the hearing and the appointing authority from whose action the appeal is being taken, of the date, time and place of the hearing and will publicly post a notice of the date, time and place of hearing on the public bulletin board in the City Hall.
4. 
The hearing may be public or closed, at the employee's option.
5. 
a. 
The employee requesting the hearing will be required to appear at the hearing.
b. 
The employee requesting the hearing may be represented by any person.
c. 
Unless otherwise mutually agreed upon by the employee and city's representative, during the hearing any and all witnesses to be called by either the employee or city will be excluded from the hearing room unless actually testifying; provided, that both the employee and city may designate a person, who will not be subject to the exclusion, who has investigated the matter at issue in the hearing and whose assistance during the hearing is necessary to the efficient conduct of the hearing.
6. 
The hearings will proceed generally as follows:
a. 
The city's representative and the affected employee may make opening statements.
b. 
The city's representative will present oral and/or documentary evidence in support of city's position; the affected employee may cross-examine any witness called by city.
c. 
The affected employee may present evidence in employee's own behalf; the city's representative may cross-examine such witnesses.
d. 
Both the city and the affected employee may subpoena witnesses and present rebuttal evidence.
e. 
The hearing officer will rule on any objections made to the admissibility of evidence or otherwise relating to the conduct of the hearing. Such rulings will be final.
f. 
The city's representative and the affected employee may make closing statements.
7. 
Hearing Officer's Action.
a. 
Upon the conclusion of any investigation or hearing, the hearing officer will cause findings and recommendations to be prepared in writing and will certify the same within twenty days.
b. 
The hearing officer will, at a minimum, find whether the city has shown by a preponderance of the evidence that the charges in support of the disciplinary action have been substantiated. Such a finding will be made as to each charge. If the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation will be that no disciplinary action be taken. If the hearing officer finds that any or all of the charges are supported, the hearing officer will either:
i. 
Recommend that the proposed disciplinary action be carried out;
ii. 
Recommend such other disciplinary action deemed appropriate under the circumstances;
iii. 
Recommend that no disciplinary action be taken.
c. 
The hearing officer's findings and recommendations will be filed as a permanent record with the city manager and will be signed by the city manager. The city manager will deliver a certified copy of such findings and recommendations to the appointing authority and to the employee affected by such findings and recommendations, or from whose action the appeal was taken.
8. 
If, due to any cause, a hearing cannot be held and an employee is subsequently denied such hearing within the time stated herein, action will be deferred until a hearing can be scheduled, provided, that the provisions of subsection H of this section will apply.
9. 
The appointing authority will review the findings and recommendations, the record of the hearing and any other information submitted in writing by the employee, and will then determine in light of such record and other information supplied by the employee whether the disciplinary action in the notice of decision (subsection I of this section) is proper. If it is determined that the action is proper, the employee will be notified in writing and no further action will be necessary. If it is determined that the action is not proper, the actions will be rescinded and steps necessary to adjust the employee's records and pay to reflect such rescission will be taken. Nothing herein will be construed to preclude the appointing authority from imposing a less severe disciplinary action than that imposed under subsection B of this section, following review of the records. For this purpose, the order of severity, from most severe to least, will be as listed in subdivisions 1 through 5 of subsection B of this section.
(Ord. 705 Appx. A, 2004; Ord. 811 § 2, 2019)
A. 
General Prohibition. No officer or employee of the city will engage in any employment, activity, or enterprise for compensation of any kind or character which is inconsistent, incompatible, or in conflict with his or her duties as an officer or employee of the city or the duties, functions or responsibilities of his or her appointing power of the city itself.
B. 
Definition of Employment Activities. For the purpose of this section, an employment activity or enterprise is inconsistent, incompatible, or in conflict with those various duties, functions or responsibilities set forth above if it:
1. 
Involves the use for private gain or advantage of the city's time, facilities, equipment or supplies; the badge, uniform, prestige or influence of the city (except in special programs authorized and approved by the city); or
2. 
Involves receipt or acceptance by an officer or employee of the city of any money or other consideration from anyone other than the city for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of his or her duties as a city officer or employee; or
3. 
Involves the performance of an act in other than his or her capacity as an officer or employee of the city which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer, employee or elected official of the city; or
4. 
Involves such time demands as would render performance of duties as a city officer or employee less efficient.
C. 
City Manager's Approval. No permanent officer or employee of the city will be gainfully employed at any employment activity or enterprise outside of city service without prior approval from the city manager. If the city manager seeks such approval for him or herself, it will be reviewed by the city council.
D. 
Administrative Procedure. Procedures and guidelines for application for approval as well as a listing of those occupations, activities and enterprises prohibited pursuant to subsection B of this section will be set out in administrative procedures available to any and all officers and employees.
E. 
Grandfather Protection. All provisions of this section will apply to any outside employment held by an employee or officer on the effective date of this section, as well as any outside employment sought after such effective date; provided, however, that as to any outside employment held on the effective date of this section which is not approved, the city manager will allow a reasonable period, not to exceed one year, for disassociation with such outside employment.
F. 
Grievance Authority. Any person dissatisfied with a decision of the city manager under this section may request a hearing regarding the decision before a hearing officer selected in a manner provided in subsection J of Section 8-220. The following will apply to said hearings:
1. 
The hearing will be held within twenty days of the employee's request for hearing;
2. 
The employee may be represented by any person;
3. 
The employee and the city manager may present testimony and documentary evidence in support of their respective positions;
4. 
At the close of the hearing, and in no event more than ten days following the conclusion, the hearing officer will prepare findings, conclusions and recommendations regarding the propriety of the city manager's decision; and
5. 
The findings, conclusions and recommendations will be forwarded to the city manager who, within ten days of receipt of same, will either confirm or reverse the decision of the hearing officer. The city manager's action will be final.
(Ord. 705 Appx. A, 2004)