HomeMy WebLinkAboutResolution 93-255 09/20/1993Resolution No. 93-255 N.C,s,
of the City of Petaluma, California
RESOLUTION TO ESTABLISH THE PERSONNEL SYSTEM RULES AND
REGULATIONS AND REPLACING RESOLUTION 85-296 N.C_S_ PERSONNEL
SYSTEM RULES AND REGULATIONS FOR ALL EMPLOYEES
Wl-IEREAS, the City Manager, as Personnel Officer of the City,
has submitted to the Council revisions to the Personnel System Rules and Regulations
(attached); making recommendation for approval of this action; with notice of the
action having been properly posted;
BE IT RESOLVED that the Personnel System Rules and
Regulations of the City of Petaluma, originally adopted by Resolution 85-296 N.C.S.
be replaced for all employees, and
BE IT I~U1~TI~ER RESOLVED that the amended Personnel System
Rules and Regulations document, as attached hereto, be adopted as the Rules and
Regulations governing the City of Petaluma's Personnel System, effective September
20, 1993.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A d as to
Council of the City of Petaluma at a (Regular) (~4~1~ meeting ~~~
on the ....20th............ day of ...........~~~2~.~zllk~~r ......................... 19...~~, by the I
following vote: ..... f.. ---.- -•-•.-•--•--------•
~ i y. tto ey
AYES: Nelson, Sobel, Barlas, Shea, Vice Mayor Read
NOES: None
ABSENT: Hamilton, r igoss n /`
,.,/ ~ r 1 /
ATTEST: _.....--- --•-•-• ........................... ....~~1~(..~..-......-........ .i/t--~~1-~-..~.-%~.....-.-.•--••-----••---~~:::.`.~..'..J-.........~-'~.-.:_:-.
ity Clerk Mayor
Council File ....................................
CA 10-85 Rcs. No...9.3.-2.5.5........... cv.cs.
_ RULES AIdD REGULATIOATS TABLE OF CONTEN'P5.
I . Definition of Terms 1
II. General Provisions 4
1. Fair Employment
2. Violation of Rules
3. Amendment and Revision of Rules
4. Applicability of Rules
5. Public Hearings
III. Personnel Board
1. Meetings
5
IV. Classifications 6
1. Preparation of Classification Plan
2. Adoption, Amendment and Revision
3. Allocation of Positions
4. New Positions
5. Reclassifications
V. Compensation Plan ~
1 Preparation of Plan
Z. Adoption of Plan
3. Modification of Plan
4. Holidays, Establishment of
5. Holiday, Day of Mourning
6. Sick Leave, Part-Time Employee
RULES AND REGULATIONS TABLE OF CONTENTS
VI. Employment Procedures g
1. Applications and Applicants 8
2. Examinations g
3. Employment Lists 9
4. Methods of Filling Vacancies 10
5. Probationary period 11
6. Transfer or Assignment to Another Department 12
7. Promotion ~ 12
8. Demotion 12
9. Suspension 12
10. Relief from Duty 12
11. Separation from Service 13
12. Reinstatement 13
13. Pay Adjustments 13
14. Personnel Records 14
15. Change of Status 14
VII. Layoff Policy and Procedure 15
1. Statement of Intent 15
2. Notification 15
3. Vacancy and Demotion 15
4. Employee Rights 15
5. ~ Seniority 15
6. Employee Status 16
7. Re-employment List 16
8. Duration of Re-employment List 16
RULES AND REGULATIONS TA3LE OF CONTENTS
VIII. Disciplinary and Appeals Procedures 17
1. Disciplinary-Procedures
17
2. Rules of Appeal to the Personnel Board 17
RULE I DEFINITION OF TERMS
The following terms, whenever used in these rules, shall be defined as follows:
Advancement:
A salary increase within the limits of a pay range established for a class
Allocation:
The assignment of a single regular position to its proper class in accordance with the
duties performed, and the authority and responsibilities exercised.
Appointing Power:
The officers of the City who, in their individual capacities, have the final authority to
make the appointment to the regular position to be filled.
Board:
The Personnel Board established in pursuance of the ordinance creating a personnel
system for the City.
Classification:
All positions sufficiently similar in duties, authority, and responsibility; to permit
grouping under a common title and the application with equity of common standards of
selection; transfer, promotion, and salary.
Classification Plan:
Regular positions in the competitive service defined by classification specification
including title.
Competitive Service:
All regular positions of employment in the service of the City except those specifically
excluded by ordinance.
Demotion:
The movement of an employee from one classification to another classification having a
lower maximum rate of pay.
EmRlovmen,~ t List:
a. Open employment list: A list of names of persons who have taken an
open-competitive examination 'for a class in the competitive service and
have qualified.
b. Promotional emploXment list: A list of names of persons who have
taken a promotional examination for a class in the competitive service
and have qualified.
1
Examination
a. n-competitive. examination: An examination for a particular
classification which is open to all persons meeting the qualifications for
the classification.
b. Promotional examination • An examination for a. particular classif cation,
admission to the examination being limited. to perfvanent and
probationary employees in the competitive service who meet
qualifications for the classification.
c. .Continuous examination. An open-competitive examination which is
administered periodically and. as a, result of which names are placed- on
an employment list, in order of final scores, for a period of not more .
than one year.
Lav_Off:
The ~ separation of employees from the .active workforce due to the lack of work or
funds, or to the abolition of positions b~-the Ei~y-6ot~nci} €o~-t~a~e-feaser~s-o~ due
to organizational changes.
Personnel Officer:
The City Manager or a duly authorized representative.
P i ' n•
A group of duties and responsibilities. in the competitive service requiring the full-time
or part-time employment of one person. .
Personnel Ordinance:
Ordinance No. 837 N.C.S., which creates a personnel system for the City.
Probationary Employee:
An employee assigned to a regular position .fora .probationary period.
Probationary Period:
A worlong test period during which an employee is required to demonstrate fitness for
the duties in which appointed by actual performance of the duties in a regular position:
Promotion:
The movement of an employee from one classification to another classification having a
higher maximum rate of pay. ~ .
2
Provisional AFtiointmeat:
An appointment of a person who possesses the minimum qualifications established for a
particular classification and who has been appointed to a position in that classification
in the absence of available eligibles.
Reclassification:
A change of an employee from one position to another position in a different
classification.
Regular Em l~oyee:
An employee who has successfully completed the probationary period and has been
retained as hereafter provided in these rules.
Regular Position:
A position created by the City Council and assigned to an existing classification within
the classification plan.
Reg~µlar Part-Time Em l~oyee:
An employee filling a regular position who works less than 2080 hours per year on a
regular basis.
Reinstatement:
The reemployment without examination of a former permanent or probationary
employee.
Relief of Duri:
The temporary assignment of an employee to a status of leave with pay.
Sus nsion:
The temporary separation from the service of an employee without pay, for disciplinary
purposes.
Transfer:
A change of an employee from one position to another position in the same
classification or in a comparable classification.
3
. RULE II. GENERAL PR®VISIONS
Sec. 1. Fair Em~lovment:
The' City of Petaluma is committed to treating each employee and job applicant
in a fair and nondiscriminatory manner. Any appointment to or removal from a
regular ,position in the competitive service or any term or. condition of
employment shall not be affected or influenced in any manner by any
consideration of race, religious creed, color,. national origin, ancestry,
handicap, medical condition, marital status, sex, age or veteran status, as
defined under applicable State or Federal Law.
Sec. 2. Violation of Rules:
Violation of the provisions of these Rules shall be grounds for rejection,
suspension, demotion or dismissal.
Sec. 3. Amendment and Revision of~Rules•
Amendments and revisions may be suggested to the City Council by any
interested party and shall be submitted to the City Council through the
Personnel. Officer or Personnel Board at the option of the proponent. Proposed
amendments or revisions to these Rules. shall be publichy .posted for at lease five
(5) consecutive days prior to consideration by the City Council. - At the time of .
consideration, any interested party may appear and be heard. Amendments and
revisions shall become effective~upon adoption by the City Council.
Sec. 4 Applicability of the Rules and Reguulations•
The provisions of these Rules. and Regulations shall apply to-all classifications
within the competitive service. Classifcations exempt from these Rules
include: City Manager, Department. Heads; and principal appointed officials of
the City as set forth in Section 25 of the Charter, and Section 3.04:030 of the
Petaluma Municipal Code.
Sec. 5. Public Hearines
Any hearing conducted pursuant to these rules and regulations shall be held in
accordance with. the "Brown ,Act" . Government Code Sections .:54950 ~ ~.
Thus, closed sessions may be held relating to such matters as the appointment,
employment, evaluation of performance, or dismissal of an officer or employee,
' or to hear complains or charges brought. against such officer or employee by
another person or employee unless such officer or employee requests. a public
hearing. During the examination of a witness in such meetings, whether open
or closed, any or all other witnesses in the matter being investigated may be
excluded.
4
RULE III. PERS®hINEL B®AR.D
Sec . 1. M~,~g„-
The Personnel Board shall hold regular meetings at such time and place within
the City as shall be designated by the Chair of the Board. Any regular meeting
may be adjourned to a rime certain and to a place designated by the Chair. In
addition, the Board may hold special meetings upon the call of the Chair or a
majority of the members of the Board. A majority of the members of the Board
shall constitute a quorum for the transaction of business. Meetings shall be
conducted in accordance with such rules and procedures as may be adopted by
the Personnel Board.
5
RULE IV. CLAS~IFICATI
Sec. 1. ~paration of Plan:
The Personnel Office, or. a person or agency employed for that purpose, shall
ascertain and record the duties and responsibilities of all regular positions in the
competitive service, and after consulting with appointing authorities and -heads
of departments affected, shall recommend a classification plan for such
positions. The classifcation plan shall consist of classifications of positions in
the competitive service defined by classification specifications including title.
A good faith effort shall be made to develop and maintain all regular positions
with substantially . similar skill, effort and responsibility. within the same
classification with the same schedules of compensation; it being understood that
distinctions may be made based on such factors as seniority, merit, .quantity or
quality of production and any other non-discriminatory factor.
Sec. 2. Adoption Amendment and Revision of Plan•
The 'classification plan shall be adopted and may be' amended from time to time
by resolution of the City Council. At the time of consideration any interested
pally may appear .and be heard. Amendments and revisions of the plan may be
suggested to the. City Council through the Personnel Office or Personnel Board
at the option of the proponent. Notice of City Council :consideration of the
proposed classification plan, amendments or revisions shall be publicly posted at
least .five days prior to City council action.
Sec. 3. Allocation of Positions:
Following the adoption of the classification plan, the Personnel Officer shall
allocate every regular position in the competitive service to one of the
classifications established by the plan. .
Sec. 4. New Positions:
When. a regular position is created, before the same may be filled, the
appointing authority shall notify the Personnel Officer, and, except as otherwise
provided by Ordinance or' these Rules, no person. shall be appointed or
employed to fill any such position until the classification plan shall have been
amended to provide therefore and an appropriate employment list established for
such position.
Sec. S. Reclassification:
R'egulai' positions, the duties of which have changed materially so as to
necessitate reclassification, shall. be allocated by the Personnel Officer to a more
a~ropriate classification, whether new or already created. Reclassifications
sly not be~used for the purpose of avoiding restrictions concerning demotions
and promotions.
6
RULE V. COMPENSATI
Sec. 1. ~~ration of Plan:
The Personnel Officer or the person or agency employed for that service shall
prepare a compensation plan covering >all. classifications in the competitive
service. A compensation plan may consist.of wages, hours and other terms and
conditions of employment. In arriving at .salary rates or ranges, consideration
may be given to various factors including prevailing rates of pay and working
conditions for other employment in both the public and private sectors, current
cost of living, recommendations of department heads, the City's financial
condition and other relevant factors. ~ Any compensation plan submitted to the
City Council for action shall be accompanied by the recommendation of the City
Manager.
Sec. 2. Adoption of Plan: .
The compensation ,plan shall be adopted and may be amended from time to time
by action of the City Council. At the time of consideration; any interested party
may appear and be heard. Amendments and revisions of the plan may be
suggested to the City Council by any interested party and shall be submitted to
the City Council .through the Personnel Officer. Notice of City Council
consideration of the proposed compensation plan, .amendments or revisions shall
be publicly posted at least five days prior to City Council action. Thereafter, no
regular position shall be assigned a salary not in conformance with the salary
schedule unless the salary schedule for the classification is amended in the same
manner as herein provided for its adoption.
Sec. 3. Modification of Plan:
The Personnel Officer or the person or agency employed for that purpose shall
thereafter make such further studies of the. compensation plan as may be
requested by the City Council.
Sec. 4. H li _
For the transaction of municipal business. for the City, designated fixed-date
holidays for all ecriployees shall be determined by resolution of the City Council
and passed annually to establish the holidays for the fiscal year. `
Sec. 5. Holiday. Dav of Mourning:
The City shall observe as a holiday those days the Governor officially declares
Days of Mourning or Special Observance.
Sec. 6. Siclc Leave, Part-Time EmFloyees:
The City Council may by resolution direct that regular part-time officers and
employees filling regular positions who work less than 2080 hours on a regular
bans shall be entitled to a pro rata sick leave benefits.
7
RiJLE VI. EMPLOYMENT PROCEI)
Sec. 1. Applications and Applicants:
a. Announcement: All examinations for classifications in the competitive
service shall be publicized by posting announcements. ;in the City
Hall on off cial' bulletin boards, and by such other methods as the
Personnel Office deems advisable. The announcement -shall
specify ,the title and pay of the classification for which the
examination is announced; the nature of . the work to be
performed;, preparation'desirable for the perforriiance of the work
of the classification; . -the manner of making applications; and
other pertinent information. .
b. ApFlication Forms: Applications shall be made as prescribed.. on the
examination announcement. Application forms shall require
information covering- training, experience, aiid other' pertinent
information, and may include certiificates of one or more
examining physicians,. references ands fingerprinting. All
applicationsmust'be signed by the person applying.
c. Dpi `qualification: ~ 'The Personnel Officer shah ;reject any application
which indicates on its face that the applicant does not possess the
minimum qualifications required for 'the position. or is not a
citizen of the United States; except when; citizenship is not
required by State law. Applications hall, be rejected if the
applicant is physically or mentally unfit for' the ,performance of
duties of the regular position to which the applicant seeks
appointment; has been convicted of a. crime involving moral
turpitude; has ~ made any false statement of any. material fact, or
practiced any deception of fraud in the application. Defective
applications may be returned to the ~ applicant with notice to
amend ,the -same, providing the time` limit for receiving
applications has not expired.
Sec..2. Examinations
a. Nature and Types of Examinations The selection techniques used. in the
examination process shall 'be impartial,. of a practical. nature and shall
relate to those subjects' which,, in the opinion of the Personnel Officer,
fairly measure ~-the relative capacities of'the persons examined `to execute
the. duties and responsibilities of the classification to which they seek to
be appointed. Examinations shall .consist of selection techniques, which
will test fairly :the qualifications of candidates such as, but not
necessarily limited to; achievement and aptitude tests,. other written tests,
personal interviews, performance tests, .physical ~ agility tests, or any
combination ofthese or other tests. -
b. Promotional. Examinations: Promotional examinations may be
conducted' whenever, in the opinion of the' Personnel Office, the needs of
tsleileetionice~r ~uQ e. Promotion. al examinations .may include any of the
ues mentioned. in .Section 1:. of this Rule, or any
combination: of them.. Only regular or probationary' employees who meet
the requirements set forth in the promotional.. examination
announcements may complete in promotional examinations:
g
Continuous Examination: Open-competitive examinations may be
administered periodically -for -a .single classification as the needs of the
service require. Names shall be placed on employment lists, and shall
remain on such lists, as prescribed in Rule VIII.
d. Conduct of Examination: The City Council may contract with any
competent agency or individual for the :preparing and/or administering of
examinations. In the absence of such a contract, the Personnel Officer
shall see that such duties are performed. The Personnel Officer shall
arrange for the use of public buildings and equipment for the conduct of
examination.
Scoring: Examinations and Qualifying Scores: A candidate's score in a
given examination shall be the average of the scores on each competitive
part of the examination, weighted as shown in the examination
announcement. Failure in one part. of .the examination may be grounds
for declaring such application as failing in the entire examination or as
disqualified for subsequent parts of an examination.
The Personnel Officer may include tests as a part of the examination
which are qualifying only.
f. Notification of Examination Results .and Review of Papers: Each
candidate in an examination shall be given written notice of the results
thereof and, if successful, of the final earned score.
Sec. 3. Employment Lists:
a. Employment Lists: As soon as possible after the completion of an
examination, the Personnel Officer shall .prepare and keep available an
employment list consisting of the names of candidates who qualified in
the exam-won, arranged in order of final scores, from the highest to
the lowest qualifying score.
b. Duration of Lists: Employment lists .other than those resulting from a
continuous examination shall remain in effect for one year, unless sooner
exhausted, and may be extended, prior to their expiration dates, by
action of the Personnel Officer for additional periods, but in no event
shall an employment list remain in effect for more than two years.
Open-competitive lists created ~ as the result of continuous examinations
shall remain .in effect for not ~ more than one year after the last
administration of the examination, unless sooner exhausted. Names
placed on such lists shall be merged with any others already on the list in
order of final scores and shall remain on the list for not more than one
Y~.•
c. Rene-employment Lists: The names of probationary and regular
employees who have been laid off shall be placed on appropriate re-
employment lists in the order of total continuous cumulative time served
in probationary and regular status. Such names shall remain there on for
a period of one year unless such persons are sooner re-employed.
When a re-employment list is to be used to fill vacancies, the Personnel
Officer shall certify from the top of such list the number of names equal
9
to the number of vacancies to be filled, and the appointing power shall
appoint such persons to fill the vacancies.
d. Removal of Names'from List: 'Phe name of any person appearing on an
employment, re-employment or promotional list shall 6e removed by the
Personnel Officer if the. eligible requests in writing, than the name: be
removed; ,if the :eligible fails' to respond. to a notice of certification
mailed to the. last known address within fire (5) .days after date of
mailing, or for any of the` reasons specified in Rule VI, Section 3, of
these rules. The person affected shall be notifed of theremoval of
his/her name by `Notice. mailed to the last known address. The `names of
persons on ~ promotional employment. lists who resign from the service
shall automatically be dropped'from such lists.
Sec: 4. 1Vlethod of Filling-Vacancies
a: Types of Appointment: All vacancies in the competitive service shall be
ed by transfer, demotion, re-employment, reinstatement, or from
eligibles certified by the Personnel Officer from an appropriate
employment list; ;if available. In the absence of persggs eligible for
appointment in three ways., provisional appointments. may be made in
accordance with the Personnel Ordinance and these rules.
b. Notice to Personnel Officer:, ~ Whenever a vacancy in the competitive
service is to be `.filled,, the, appointing .power shall notify the. Personnel
Officer in the` manner prescribed. If there is no re-employment list
- available for the classification, the appointing power shall have. the right
to decide whether to f 11 the vacancy ~by reinstatement, transfer,
demotion, appointment. from. a _ promotional ~- employment list; or
' appointment from an open. employment list.
c. Certification of :Eli ig b'les If the appointing power does not consider it in
"the City's best interest "to fill ,the vacancy by reinstatement, transfer, or
demotion, or if it is not. ,possible to fill the vacancy by re=employment,
certification hall be. made from an appropriate ~ employment list,
provided eligibles are available.
When the appointing power requests a vacancy be filled by appointment
from a promotional. employ,rrient list or from an .open employment list,
the Personnel Officer shall :certify from the specifed list'the name of all
,individuals ~ willing ~ to .accept,. appointment. Whenever there, are fewer
than three names ' of individuals willing to accept appointment on a
promotional employment list or on an open. employment .list,, the
appointing power may make an appointment from. among such eligibles
or may request the Personnel Officer to establis> a new list. When so
requested, the Personnel Officer shall hold a new examination and
establish a new employment list.
d. .Appointment: After interview and investigation, the appointing .power
shall make appointments. from' among' those certified, and shall.
immediately: notify the. Personnel Officer of the persons. appointed... The
person acaeptirig appointment shall ;present himself/.herself to the
Personnel .Officer,: or the designated representative, for processing on or
before the date of appointment. If the applicant. accepts the' appoiritinent
and arrives foc duty within such period of time as the appointment
10
authority shall prescribe, the individual shall be deemed to be appointed;
otherwise, that person shall be deemed to have declined the appointment.
e. Provisional Appointment: In the absence of there being names of three
individuals willing . to accept appointment on appropnate employment
lists, a provisional appointment may be made by the appointing authority
of a person meeting the minimum training and experience qualifications
for the position: An employment list shall be established within six
months for any regular position tilled by provisional appointment. The
City Manager may extend the period for any provisional appointment as
deemed appropriate.
No special credit shall be allowed in meeting any qualification or in the
giving of any test or the establishment of any open-competitive
promotional lists, for service rendered under a provisional appointment.
Sec. 5. Probationary Period
a. All original and promotional appointments shall be tentative and subject
to a probationary period of not less than six months actual service. The
City Manager may establish a longer probationary period for specified
classifications. Additionally, the City Manager also may extend the
probationary period of an employee rather than terminating the
employment, but such extension shall be at the sole discretion of the City
Manager. The Personnel Officer shall notify the appointing authority
and the probationer concerned two weeks prior to the termination of any
probationary period. If the service of the probationary employee has
been satisfactory to the employee's department head and the appointing
authority, then the department head and the appointing authority shall
file with the Personnel Officer a statement in writing to such effect and
stating that the retention of such employee in the service is desired. If
such a statement is not filed, the employee will be deemed to be
unsatisfactory and employment terminated at the expiration of the
probationary period.
b. Objective of Probationary Period: The probationary period shall be
regarded as a part of the testing process and shall be utilized for closely
observing the employee's work and for securing the most effective
adjustment of a new employee to a regular position.
c. Rejection of Probationary Period: During ,the probationary period, an
employee may be rejected or the probationary period extended at any
time by the .appointing power without- cause and without the right of
appeal. .Notification of rejection in writing shall be served on ~ the
probationer and a copy filed with the Personnel Officer.
d. Rejection following Promotion: Any employee rejected during the
.probationary period following a promotional appointment, or at the
conclusion of the probationary period by reason of failure of the
. appointing power to file a statement that his services have been
satisfactory, shall be reinstated to the position from which he was
promoted unless charges are filed and the employee is discharged- in the
.manner provided in the Personnel Ordinance and these rules for regular
positions in the competitive service.
11
Sec. 6. Transfer or .Assignment to another Department• .
No person shall be transferred to a regular position for which the employee does
not possess the minimum qualifications. Upon notice. to the Personnel Officer,
an employee may be transferred by the appointing power at any time from one
position to another position within the same classification.
If the transfer involves a change from one department to another, both
department heads must consent. thereto unless the City Manager orders the
transfer for purposes of economy or efficiency. Transfer shall not be used to
effectuate a promotion, .demotion, advancement, or reduction, each of which
may be accomplished only as provided in the Personnel Ordinance pay plan or
these rules.
If an employee is assigned to a position out of the employee's classification or
department or both, the City Manager shall either reclassify the employee or
temporarily appoint the employee to the proper classification as deemed
appropriate. No promotion or transfer to another classification shall serve to
reduce the monthly salary of any employee.
Sec. 7. Promotion:
Insofar as consistent with the best- interests of the service, all vacancies in the
competitive service shall be filled by promotion from within the .competitive
service, after a promotional examination has been given and promotional list
established. _
If, in .the opinion of the .Personnel Officer, a vacancy in the position. could be
filled. better by anopen-competitive examination, then the Personnel Officer
shall arrange for anopen-competitive examination and for the preparation and
certification of anopen-competitive employment list.
Sec. 8. Demotion:
Upon request of the employee and with the consent of theappointing power;
demotion may be made to a vacant, position. The appointing power may demote
an employee whose ability to perform the required duties falls below standard,
voluntarily requests a .reclassification to a vacant position,. or for disciplinary
purposes except where such demotion would be contrary to the best interests of
the, City. No employee shall be demoted to. a position for which the employee
does not possess the minimum qualifications. Written notice of the demotion
shall be given the employee before or within three (3:) days after the effective
date of ahe demotion, and a copy filed with the Personnel Office.
Sec. 9. S~pension:
'The appointing: power may suspend an employee from that employee's position
at any time for a disciplinary purpose. Suspension without pay shall not exceed
thirty (30) calendar days,. nor shall any employee be penalized by suspension for
. more than thirty (30) calendar days ~ in a fiscal year. Department ..heads may
suspend a subordinate employee for not- more than five (5') working' days. at any
one time, and not :more than once in a thirty (30) calendar day period
Suspensions. shall be reported immediately to the Personnel Officer.
Sec. 10. Relief of Duty:
Notwithstanding the provisions of this Rule, upon ,the recommendation of the
Personnel Officer, The City Manager may approve the temporary assignment of
12
an employee to a status of leave with pay pending conduct or completion of.
such investigation or opportunity to respond as may be required to determine if
disciplinary action is to be taken.
See. 11. SeFaration from the Service:
a. .Discharge An employee in the competitive service may be discharged at
any time by the City Manager. Employees terminated as a result of poor
performance and/or unacceptable behavior will normally receive some
counselling or warning of their performance deficiencies prior to
termination (Rule VIII). However, circumstances may arise requiring
the immediate. termination of an employee without notice where such
termination is in the best interest of the service. This may arise based on
various factors ~ such as the determination that an employee has engaged
in a serious performance deficiency, has committed a serious infraction
of generally accepted rules of behavior, or is otherwise deemed to be
performing in a clearly unacceptable manner.
Whenever it is the intention of the City Manager to discharge an
employee in the competitive service, the personnel office shall be
notified.
b. Resi ation: An employee .wishing to leave the competitive service in
good standing shall file with the appointing power, a wntten resignation
stating the effective date and reasons for leaving at least two (2) weeks
before leaving the service, unless such time limit is waived by such
- official. A statement as to the resigned employee's service performance
and other pertinent information shall be forwarded to the Personnel
Officer. Failure to give notice as required by this Rule may be cause for
denying future employment by the City.
Sec. 12. Reinstatement:
With the approval of the appointing power and. the Personnel Office, a regular
or probationary employee who has resigned with a good record may be
reinstated within two (2) years of effective date of resignation, to a vacant
position in the same classification. However, an applicant for reinstatement has
no right of appeal concerning a refusal by the appointing authority to reinstate
such applicant. Upon reinstatement the employee, for all purposes, shall be
considered as though an original appointment had been received and such
employee will be required to satisfy the probationary period described in Section
5 of Rule VI.
Sec. 13. v Adjt>stments:
a. ApRlication of Rates: Employees occupying a regular position in the
competitive service shall be paid a salary or wage established for that
position's classification under -the compensation plan as provided by Rule
V. The minimum rate, if provided, for the classification generally shall
apply to employees upon original appointment. However, the City
Manager may, when circumstances warrant it, authorize original
appointment or reinstatement at other than the minimum rate.
b. Advancement: No salary advancement shall be made so as to exceed
any maximum rate established in the compensation plan for the
classification to which the advanced employee's position is allocated.
13
Advancements shall not be automatic but shall depend. upon increased
service value of an employee. to the City as exemplified by such factors
as recommendations of the. supervising official, length of service,
performance, record, special training undertaken or other pertinent
evidence, within the advancement policy established. by the pay plan.
City Manager may advance any employee at any time without regard to
length of service.
Sec. 14. Personnel Re rde•
The Personnel Office: shall` maintain a service or personnel record for each
employee 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 by the Personnel Offeer.
Employees may review their personnel records during normal working; Hours of
the Personnel Office.
Sec. I5. Change-of-Status Report. ,
Every appointment, transfer, promotion, demotion, change . of salary rate, or
any other change in status of employees shall: be reported to the: Personnel
. Officer in such manner as may be prescribed.
14
RULE VIL°A° LAYOFF POLdCY AND PR .FDU F
UNIT 7, (FIRE)
Sec. 1. Statement of Intent:
Whenever, 'in the judgment of the City Council, it becomes .necessary to abolish
any position of employment, the employee holding such position or employment
may be laid off or_ demoted without disciplinary action and without the right of
appeal.
Sec. 2. Notification:
Employees to be laid off shall be given, whenever possible, at least 14 calendar
days prior notice.
Sec. 3. Vacancy and.'Demotion:
Except as otherwise provided, whenever there is a reduction in the work force,
the appointing authority shall first demote to a vacancy, if any, in a lower
classification for which the employee who is the latest to be laid off in
accordance with Section 6 is qualified. All persons so demoted shall have their
names placed on the re-employment list.
Sec. 4. ~mploxee Rights
An employee affected by layoff shall have the right to displace an employee in
the same department who has less seniority in a lower classification in the same
classification series or in a lower classification in which the affected employee
once had permanent status. For the purpose of this section and Section 5,
setiority includes all periods of full-time service at or above the classification
level where layoff is to occur.
Sec. 5. •ority.
In order to retreat to a former or lower classification, an employee must .have
more seniority than at least one of the incumbents in the retreat classification
and request displacement action in writing to the Personnel Officer within f ve
{5) working days of receipt of notice of layoff.
Employees retreating to a lower or similar classification shall be placed at the
salary step representing the least loss of pay. In no case shall the salary be
increased above that received in the classification from which the employee was
laid off.
Employees retreating to a lower or similar classification shall serve a
probationary period in the new classification unless they have previously
successfully completed a probationary period in the classification or a
classification in the classification series.
Sec. 6. l~~yment Status:
In each classification or position, employees shall be laid off according to
employment status in the following order: temporary, provisional,
probationary, and regular.
Temporary, provisional. and probationary employees shall be laid off according
to the needs of the service as determined by the appointing authority.
In cases where there are two or more regular employees in the classification
from which the layoffs is to be made, such employees shall be laid off on the
ISA
basis of the last evaluation rating in the classification, providing such, rating has
been on file at least 30 days and no more than 12 months -prior to layoff.
First, all employees having ratings similar to
"improvement needed" second, all employees
having ratings similar to "competent"; third, all
employees having ratings similar to '`outstanding":
Employees within each category shall'be .laid off in inverse. order to seniority in
City service.
Sec. 7. Re~emnlo„yment List:
The names of persons laid off or demoted in accordance with these ;rules shall
be entered upon a re-employm_ ent list.. Lists from different departments qr at
different times for ahe same classification of position shall be. combined` into a
g ' t. Such list shall be used by every appointing authority when a vacancy
anses m 'the same or lower classification of position before certification is made
from an eligible list.
Sec. 8. Duration of Re-Employme_nt_Li
Names~of rsons laid' off shall be carried on a re-employment list for one year,
exc ` t thate ~ rsons a inted to re lar
ep Pe PPo gu positions of the -same-level as that: from .
which laid off, shall, upon, such appointment, be dropped from the list. Persons
who refuse: re-employment shall be dropped from the list: Persons,re-employed
in a lower classification, or on .a temporary basis, shall be continued on the list
for the higher position° for the one year:
16A
RULE VII "B" LAYOFF POLICY AND PR DU F
ALL UNITS EXCEPTING UNIT 7, (FIRE) AND UNIT 2 (1i~tAINTENANCE}
Sec. 1. Statement of Intent:
Whenever, in the judgment of the City Council, it becomes necessary to abolish
any position of employment due to a reorgatization or to separate employ
due to lack of work or funds, the employee holding such position or
employment may be laid off or demoted without disciplinary action and without
the right of appeal. ,
Sec. 2. Notification:
Employees to be' laid off shall be given, whenever possible, at least 14 calendar
days pnor notice.
Sec. 3. Vacancy and Demotion:
Except as otherwise provided, whenever there is a reduction in the work force,
the appointing authonty shall first demote to a vacancy, if any, in a lower
classification for which the employee who is the latest to be laid off in
accordance with Section 6 is qualified. All persons so demoted shall have their
names placed on the re-employment list.
Sec. 4. ~ployee~:
An employee affected by layoff shall have the right to displace an employee in
. the same department who has less seniority in ~ a lower classification in the
same classification series or in 2~ a lower classification in which the affected
employee once had pe~eflt reQUlar status. For the purpose of this section
and Section 5, seniority includes all periods of full-time service at or above the
classification level where the layoff is to occur.
Sec. 5
In order to retreat to a former or lower classification, an employee must have
more seniority than at least one of the incumbents in the retreat classification, hg
qualified to hold the retreat classification or have served in the retreat
classification prior to the layoff and request displacement action in writing to the
Personnel Officer within (5) working days of receipt of notice of layoff.
tv th
or above the layoff
broken b n'ori~y of total City service .
Employees retreating to a lower or similar classification shall be placed at the
salary step representing the least loss of pay. In no case shall the salary be
increased above that received in the classification from which the employee was
laid off.
Employees retreating to a lower or similar classification shall serve a
probationary period in the new classification unless they have previously
successfully completed a probationary period in the retreat classification or a
hi classification in the series.
I5B
Sec. 6. ~®Rloyment States:
In each classification of position within the .competitive service, employees shall
be laid off according to employment status in the following order: temporary,
provisional, probationary; and regular.
Temporary, provisional and probationary, employees shall be laid off according
to the needs of the service as determined by the appointing authority.
In-s-mere-tie-~-two-e~-~oFe-~~g~-employees=~-~~~,as~sit•~est~on
l~etro~~le-et le~3A-dey~~d-$o-e~2-meatl~jfi~-l~yo€€: u..8 ~~
-~~y~~ -~~-~-"-~~_ ager~=f3eede~"; -sect;
a~l~{yp p 1eps~--h~a^~~.+~r.*^~~Jys}y~sm~la~-~o-~om -emple#~ev~rg
rQ123IgJ-S~~IQI'L~ ^~14IIZg :.p
1/tAploy~es-wit#itr~ael~~ateger~-be-laid-o€€-iti~eveFSe-order-Q€~»i~
Sec., 7. Re-emn~oyment Lam: .
The names of persons laid off or demoted in accordance with these Hiles shall
be entered upon a re-employment list. Lists. from different departments or at
different times for the same classification of position shall be combined into a
single list. Such list shall be used by every appointing authority when. a vacancy
arises in the same or lower classification of position before certification is made
from an eligible list.
Sec. 8. ~ Duration of Re-Employment Litt
I~iames of .persons laid off shall be carried on a re-employment:: list for oae v1~4
years,. except that persons appointed to regular positions of the same level as
that which laid off, shall, upon such. appointment, be dropped ,from the list.
Persons who refuses re-employment shall be dropped from the list. Persons re-
emploYed in a lower classification, or on a temporary basis, shall be continued
on the list for the higher position for Eiae j~ years.
16B
RULE VIII. DISCIPLINARY AND APPEAL PROCEDURE
Sec. 1. Discinlinarv Procedures:
a. Other than Termination: Except for probationary employees unless
otherwise required by law, any regular employee subject to disciplinary
action is entitled to a written statement of the reasons for such action, a
copy of the charges and material upon which such action is based, where
applicable, and the right to respond, either orally or in writing,
concerning the disciplinary action. .Upon request, the employee is
entitled to a hearing in accordance with the applicable personnel
ordinance, these Rules and other applicable rules or regulations.
b. Termination: Except for probationary employees unless otherwise
required by law, a regular employee subject to termination is entitled to
written notice of the proposed action, a written statement of the reasons
for such action, a copy of the charges and material upon which such
action is based, where applicable, and the right to respond, either orally
or in writing, concerning the proposed termination action. Upon
request, the employee is entitled to a hearing in accordance with the
applicable personnel ordinance, these Rules and other applicable rules
and regulations.
c. Police Officer Bill of Rights: With respect to all police 'officers, the
City also shall apply the Public Safety Officers' Section 3300 et seas,
concerning any "punitive action" involving such police officers.
Pursuant to the- Act, it is understood that "punitive action" includes any
action which may lead to dismissal, demotion, .suspension, reduction in
salary, written reprimand, or transfer for purposes of punishment.
Sec. 2. Rules of Appeal to Personnel Board:
a. Right of Appeal: Any regular employee in the competitive service shall
have the right to appeal to the Personnel Board any disciplinary action,
interpretation or alleged violation of the Personnel Ordinance or these
Rules except in instances where the right of appeal is specifically
prohibited by the Personnel Ordinance or these Rules.
b. Method of Ap~l: Appeals shall be in writing, subscribed by the
. appellant, and filed with the Personnel Officer within seven (7) calendar
days after the effective date of any disciplinary action, who shall, within
five days after receipt of the appeal, inform each member of the
Personnel Board, the City Manager and such other persons or Officers
named or affected by the appeal or the .filing of the appeal. The appeal
shall be a written statement,. addressed to the Personnel Board,
explaining the matter appealed from and setting forth therein.a statement
of the action desired by the appellant, with the reasons therefor. The
formality of a legal pleading is not required.
1
c. Notice: Upon the filing of an• appeal, the Personnel Officer shall set a
date for a hearing on the appeal not less than ten (10) days, nor more
than thirty (30) days from the date of filing. The Personnel Officer shall
notify all interested parties of the date, time and place of the hearing at
such places as the Personnel Board shall prescribe.
17
d. Inuesti anon:. Upon the filing of an appeal, the. Personnel Board may
make such independent investigation of the ;matter as it may deem
necessary: .The result of such investigation shall be made .a. part of the
record of the, proceedings and the appellant shall have the right. to have a
reasonable time within which to `answer or to present evidence in
opposition. to 'the findings of this independent investigation.
e. Hearings:. The appellant shall .appear personally, :unless physically
unable to do so; before he Personnel,Board at the time and. place. of the
hearings. The appelllanf may be represented by any person or attorney as
may be selected and may at the hearing ,produce relevant oral or
documentary evidence. The appellant shall proceed first and, at the
conclusion, opposition matters may then be :presented. Rebuttal <matter
not;:repetitive may be allowed in. the discretion of the Personnel Board.
.Cross, examination of witnesses shall be permitted. 'The conduct and
decorum of the:hearing-sfiall be under the control of the Personnel;Board
by its Chair; with due regard to tfie :rights and pri'vleges of the parties
appearuig :before it. Hearings need -not be conducted according to
technical rules relating to evidence and witnesses. ~ Hearings shall be
open unless the appellant, in writing, requests a closed hearing.
f. Findings and Recommendations • The :Personnel Board :shall;. within ten
(lOj' .days after, -the conclusion of the .hearing, certify` its findings and
decision in writing to the appellant and to the City Manager and to the
person, officer or, `body appropriate from whose action, the .appellant. was
- taken.. The City Manager- or appointing power, as appropriate; shall
review the findings and recommendations of the Personnel-Board and,.
subject to the provisions of the City ,:Charter,. may then, affirm, revoke or
modify the action. taken as,, in the reviewing party's judgment,. seems
warranted, and the action taken shall .be `final: Any- member of :the
Personnel Board, may submit a minority or supplemental finding .and
recommendation. In case of suspension, discharge or demotion,.. the
Personnel Board. shall :reinstate any employee. to the employ, ee's former
status if proof is .made that the action was for discriminatory reasons.
18