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Alhambra Overview
Alhambra, California Code of Ordinances
Alhambra, California Code of Ordinances
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE II: ADMINISTRATION AND PERSONNEL
CHAPTER 2.04: CITY COUNCIL
CHAPTER 2.13: REMOVAL OF DOCUMENTS, PAPERS AND FILES
CHAPTER 2.16: OFFICERS AND EMPLOYEES
CHAPTER 2.20: EMERGENCY ORGANIZATION AND FUNCTIONS
CHAPTER 2.22: BOARD OF APPEALS
CHAPTER 2.23: HCDA CITIZEN ADVISORY COMMITTEE
CHAPTER 2.24: PLANNING COMMISSION
CHAPTER 2.25: COMMUNITY REDEVELOPMENT AGENCY
CHAPTER 2.26: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 2.27: DESIGN REVIEW BOARD
CHAPTER 2.28: PARKS AND RECREATION COMMISSION
CHAPTER 2.30: YOUTH COMMISSION
CHAPTER 2.32: PUBLIC LIBRARY AND BOARD OF LIBRARY TRUSTEES
CHAPTER 2.34: TRANSPORTATION COMMISSION
CHAPTER 2.35: ARTS AND CULTURAL EVENTS COMMISSION
CHAPTER 2.36: ENVIRONMENTAL SUSTAINABILITY COMMISSION
CHAPTER 2.38: HUMAN RELATIONS COMMISSION
CHAPTER 2.40: FIRE DEPARTMENT UNIFORMS
CHAPTER 2.41: HISTORIC PRESERVATION COMMISSION
CHAPTER 2.42: POLICE DEPARTMENT UNIFORMS
CHAPTER 2.44: POLICE RESERVE ORGANIZATION
CHAPTER 2.48: CIVIL SERVICE
CHAPTER 2.49: HOURS OF CITY FACILITIES
CHAPTER 2.50: REGULAR PERIODS OF EMPLOYMENT
CHAPTER 2.51: OVERTIME
CHAPTER 2.52: VACATIONS
CHAPTER 2.54: ILLNESS AND SICK LEAVE
CHAPTER 2.56: HOLIDAYS
CHAPTER 2.60: ATTENDANCE AT CONVENTIONS AND CONFERENCES
CHAPTER 2.64: RETIREMENT PROMOTIONS
TITLE III: FINANCE
TITLE IV: FRANCHISES
TITLE V: BUSINESS LICENSES AND REGULATIONS
TITLE VI: HEALTH AND SANITATION
TITLE VII: ANIMALS
TITLE VIII: ECONOMIC DEVELOPMENT REVENUE BOND LAW
TITLE IX: PUBLIC PEACE AND SAFETY
TITLE X: BICYCLES
TITLE XI: VEHICLES AND TRAFFIC
TITLE XII: PARKING LOTS
TITLE XIII: STREETS AND SIDEWALKS
TITLE XIV: PARKS AND PUBLIC GROUNDS
TITLE XV: WATER
TITLE XVI: SEWERS
TITLE XVII: INDUSTRIAL WASTE
TITLE XVIII: COMMUNITY NOISE AND VIBRATION CONTROL
TITLE XIX: FIRE
TITLE XX: BUILDING AND CONSTRUCTION
TITLE XXI: OIL AND GAS WELLS
TITLE XXII: SUBDIVISIONS
TITLE XXIII: ZONING
TITLE XXIV: SOLAR ENERGY
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 2.48.130 RULE XII: ATTENDANCE AND LEAVES.
   (A)   Leave of absence without pay. The Personnel Officer may grant an employee a leave of absence without pay for a period not to exceed six months. Any leave of absence for a period longer than six months may be approved at the discretion of the City Council. Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure of an employee on leave to report promptly at its expiration shall be cause for discharge. An employee on a leave of absence in excess of two weeks shall not receive or accrue any employee benefits.
   (B)   Attendance. Employees shall be in attendance at their work in accordance with rules regarding hours of work, holidays and leaves. Failure on the part of an employee, absent without leave, to return to duty after receipt of notice to return shall be cause for discipline. The preceding notwithstanding, an employee absent without leave for three consecu-tive work days shall be discharged unless the employee can present justification acceptable to the city for such absence.
   (C)   Additional employment. Any full-time employee desiring to accept employment in addition to his city employment shall secure the approval of the appointing authority and Personnel Officer. The employee may be required to furnish proofs that both he or she and the secondary employer will insure against all acts relating to the additional employment and hold the city harmless from liability arising out of the acts. Such approval shall not be given if the employment is incompatible with his or her city responsibilities. The incompatibility may arise from either the time or nature of the outside employment. In determining incompatibility, it shall be recognized that many city positions require employees to be available at times additional to their regular working hours.
('86 Code, § 2.48.130) (Ord. 3898, passed - - )
§ 2.48.140 RULE XIII: TRAINING.
   (A)   Assignment of responsibility. Each depart-ment head shall be responsible for the provision of orientation, induction and on-the-job training and assisting in the continuing development of each employee in his department.
   (B)   Training time. Training to improve the quality of work of the employee in his or her present position shall be considered city business and may be conducted during or after regular working hours. Training to prepare an employee for promotion shall be on the employee's own time unless it is to the city's best interest to use work time, as determined by the respective department head with the approval of the Personnel Officer.
   (C)   Credit for training. Participation in the successful completion of training courses and activities may be considered in making advances and promotions. Evidence of such activity may be filed by the employee with the Personnel Officer.
('86 Code, § 2.48.140) (Ord. 3898, passed - - )
§ 2.48.150 RULE XIV: SAFETY.
   Acceptance of employment by an eligible candidate means that he or she has agreed to follow the city's safety rules and methods. It shall be the responsibility of the respective supervisors to promote safety consciousness among the employees and provide training of safe practices. The city's policy regarding safety incorporates the following considerations and conditions:
   (A)   Safety rules must be followed by all employees;
   (B)   The city shall provide all employees with safe working conditions and safety equipment deemed necessary by the city;
   (C)   Violators of safety rules are subject to discipline;
   (D)   An employee who is injured within the course and scope of employment must report for medical attention and notify his supervisor immediately.
('86 Code, § 2.48.150) (Ord. 3898, passed - - )
§ 2.48.160 RULE XV: COMPLAINT AND GRIEVANCE PROCEDURE.
   (A)   Purpose of complaint and grievance pro-cedure. It is the city's purpose to provide an effective and acceptable system whereby employees can seek resolution of grievances or complaints on matters affecting their jobs. All levels of admini-stration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.
   (B)   Definitions.     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COMPLAINT. An allegation or charge that a wrong has been committed.
      COMPLAINT PROCEDURE. The process by which a determination is made whether or not a wrong has been committed.
      GRIEVANCE. An expressed claim by an employee that the city has violated, misinterpreted or misapplied an obligation to the employee as such obligation is expressed and written in the charter, code or this personnel ordinance.
      GRIEVANCE PROCEDURE. The process by which the validity of a grievance is determined.
      REPRESENTATIVE. A person who, at the request of the employee or management, is invited to participate in grievance conferences and complaint conferences as specified herein.
   (C)   Complaint procedure.
      (1)   The employee should review any complaint with his supervisor. The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.
      (2)   If the action taken by his or her immediate supervisor is not satisfactory, the employee may take his or her complaint to successive levels of supervision, as determined by the chart of administrative organization, up to and including the City Manager. The employee may have a representative at complaint conferences at the department head level and above.
   (D)   Grievance procedure.
      (1)   Step one. The employee shall inform his or her immediate supervisor, orally or in writing, of his or her grievance and relevant facts within ten work shifts or business days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his or her immediate supervisor within two work shifts or business days after the employee has expressed the grievance. The immediate supervisor shall advise the employee of his or her decision within two work shifts or business days following the conference.
      (2)   Step two. If the grievance is not resolved in step one, the employee shall put the grievance in writing and submit two copies to his or her immediate supervisor and department head not later than five work shifts or business days following completion of step one. The written grievance shall include a citation of the sections of the charter, code or this personnel ordinance alleged to have been violated and the remedy sought by the employee. The department head shall review the grievance and meet with the employee and give his or her written decision to the employee within five work shifts or business days from receipt of the grievance.
      (3)   Step three.  
         (a)   In the event the grievance is not resolved in step two, the employee may submit his or her grievance to the City Manager, or his or her designee, not later than five work shifts or business days following completion of step two. The City Manager, or his or her designee, shall have five work shifts or business days in which to review the matter. At the completion of his or her review, the City Manager, or his or her designee, shall render a decision in writing to the employee and other concerned parties. The employee may be represented by anyone of his or her choosing at the City Manager's, or his or her designee's, hearing.
         (b)   The decision of the City Manager, or his or her designee, shall be final in all cases.
   (E)   General provisions.
      (1)   No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.
      (2)   Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the personnel officer and given appropriate distribution. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files.
      (3)   Failure at any step of this process to communicate the decision on the grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.
      (4)   The grievant shall be present at all steps of the procedure.
      (5)   Failure at any step of the procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.
      (6)   The time limits specified at any step in this procedure may be extended by mutual agreement.
('86 Code, § 2.48.160) (Ord. 3898, passed - - ; Am. Ord. 4216, passed - - )
§ 2.48.170 RULE XVI: DISCIPLINARY ACTION AND ADMINISTRATIVE REVIEW.
   (A)   Disciplinary action. Disciplinary action refers to actions by management directed to the modification of employee conduct which is contrary to the best interests of the public service. It is primarily educational and corrective in nature and taken in response to acts or a failure to act on the part of the employee. Disciplinary action does not include demotions, pay reductions, and layoffs resulting from service modifications, general cost reduction programs, or organizational changes. The following disciplinary actions may be taken against any employee:
      (1)   Oral and written reprimands. Informal (oral) or formal (written) notification of performance or conduct deficiencies.
      (2)   Suspension. The temporary separation from the service of an employee for disciplinary purposes.
      (3)   Salary reduction. A reduction in pay from the employee’s current step within a pay range to a lower step within that same range as provided in the city’s salary ordinance and/or resolution and schedule of salary ranges.
      (4)   Demotion. Involuntary movement from a position in one class to a position in another class having a lower salary range.
      (5)   Dismissal. Discharge from the city service.
   (B)   Cause for disciplinary action. An employee shall be subject to discipline for misconduct, incompetency, inefficiency or failure to observe the rules and regulations of the department, or to cooperate reasonably with his or her superiors or fellow employees, or for violation of these rules, or for other reasonable causes. In addition to the foregoing, the following is a nonexclusive list of the more common causes for disciplinary action:
      (1)   Violation of city policies, ordinances, rules and regulations.
      (2)   Failure to maintain job performance standards.
      (3)   Failure to maintain adequate personal appearance.
      (4)   Lack of cooperation and courtesy.
      (5)   Insubordination.
      (6)   Carelessness.
      (7)   Failure to comply with these rules regarding attendance and working hours.
      (8)   Violation of a safety rule.
      (9)   Failure to prepare and/or maintain prescribed records (such as, falsifying, concealing, misusing, mutilating or removing).
      (10)   Willful concealment of pertinent information from supervisors.
      (11)   Physical abuse or threats directed at supervisors, co-workers, or the public.
      (12)   Willful damage of city property.
      (13)   Theft of city property or property of others.
      (14)   Under the influence of alcohol while on duty.
      (15)   Using, possessing, or being under the influence of illegal drugs or illegal narcotics while on duty.
      (16)   Conviction of a crime affecting job performance. However, conviction is not a prerequisite to disciplinary action.
   (C)   Notification of proposed disciplinary action. An affected employee shall be given prior notice of proposed disciplinary action, except reprimands. Notification shall include a statement of the proposed action and the reasons therefor, together with the right to request the materials upon which the action is based and to respond, either orally or in writing, to the authority initially imposing discipline.
   (D)   Records of disciplinary actions.
      (1)   Filing of records. Records of disciplinary actions will be filed in the confidential portion of an employee’s personnel file. This section shall not be open without the permission of the Personnel Officer.
      (2)   Records purging. Records of disciplinary actions shall be purged five years after the date of the action was taken unless there are subsequent disciplinary actions in the same or related areas.
   (E)   Administrative review.
      (1)   Right to administrative review. Any permanent employee in the classified service, shall have the right to an administrative review of a disciplinary suspension, salary reduction, demotion or dismissal. The administrative review, as hereinafter defined in division (E)(2) of this section shall be conducted prior to the effective date of the disciplinary action, unless unusual circumstances justify an effective date which makes prior review unfeasible. In this event, the review shall be conducted within a reasonable period of time after the effective date of the disciplinary action.
      (2)   Administrative review process. A department head considering disciplinary action subject to the administrative review process shall serve the affected employee with a written notice of the proposed action and the time period within which a written request for an opportunity to be heard orally or in writing may be filed by the employee. If the employee requests, he or she shall be provided copies of materials upon which the proposed disciplinary action is based.
         (a)   Upon receipt of the employee’s written request, the department head shall conduct any further necessary investigation and meet with the employee within five work shifts or business days. At the conclusion of this meeting and within five work shifts or business days after the meeting, the department head shall concurrently serve a written decision upon the employee and the Personnel Officer.
         (b)   When the dismissal of a permanent employee is under consideration, the appointing authority, or his or her designee, shall participate in the meeting and must concur in the decision of the department head, if the department head decides to terminate the employee before the employee is served with the written decision. The written decision of the department head shall be in the form of a notice of whatever action the department head has decided upon and shall be served upon the affected employee, with a copy of same being filed concurrently with the Personnel Officer and the Civil Service Commission.
         (c)   If the permanent employee is dissatisfied with the decision of the department head, and if such decision involves any of the disciplinary actions set forth in § 2.48.180(A) (Rule XVII) of this code, the employee may appeal the decision to the Civil Service Commission within 15 days after receipt of such decision.
   (F)   Firefighters. The procedures in § 2.48.170 (C) and (E) shall not apply to a firefighter, as defined in § 2.48.181, who is subject to the procedures set forth in § 2.48.181. A firefighter who is not subject to the procedures set forth in § 2.48.181 shall remain subject to the procedures in this § 2.48.170, including divisions (C) and (E).
(‘86 Code, § 2.48.170) (Ord. 3898, passed - - ; Am. Ord. 4671, passed 5-26-15)
§ 2.48.180 RULE XVII: APPEAL TO THE CIVIL SERVICE COMMISSION.
   (A)   Right to appeal. Permanent employees shall have the right to appeal any of the following disciplinary actions to the Civil Service Commission:
      (1)   Suspension.
      (2)   Salary reduction.
      (3)   Demotion.
      (4)   Dismissal.
   (B)   Method of appeal. Appeals shall be in writing, signed by the appellant or his representative and filed with the Personnel Officer within 15 days after the appellant has been notified in writing of the final decision with respect to his or her disciplinary action. The Personnel Officer then, within ten days after receipt of the appeal shall inform each member of the Civil Service Commission, the City Manager and such other persons or officers named or affected by the appeal. The appeal shall be a written statement, addressed to the Civil Service Commission, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant. The formality of a legal pleading is not required. The appellant, in his or her appeal, shall indicate whether he or she desires an open or closed hearing before the Civil Service Commission. A request for a closed hearing shall be approved in accordance with division (E) of this section.
   (C)   Notice. Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal which date shall not be less than ten days nor more than 30 days from the date of filing. However, such time limits may be waived upon the mutual consent of the appellant and the Personnel Officer. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing.
   (D)   Hearing. The appellant shall appear personally, unless physically unable to do so, before the Civil Service Commission at the time and place of the hearing. He or she may be represented by any person he or she may choose and present any relevant evidence. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the President of the Civil Service Commission, with due regard to the rights and privileges of the parties appearing before the Civil Service Commission. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Proceedings of the hearings shall be recorded by a certified shorthand reporter at the city’s expense; however, transcription expenses shall be paid by the party requesting the transcript.
   (E)   Public hearings. Hearings conducted by the Civil Service Commission shall be public. However, such hearings shall be conducted in private if they pertain to the appointment, employment or dismissal of a classified employee or pertain to the hearing of a complaint or charge brought against an officer or employee of the city, unless such officer or employee requests a public hearing. The Civil Service Commission may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter being investigated. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
   (F)   Order of proof. The procedures in any appeal hearing shall be as follows:
      (1)   Opening statements.
      (2)   The city shall present evidence in support of its position.
      (3)   The employee shall present evidence in support of his or her position.
      (4)   The parties may then offer rebuttal and sur-rebuttal evidence, respectively.
      (5)   All evidence must be relevant and material to the issues, and the Civil Service Commission’s decision concerning the relevance or materiality of evidence shall be final.
      (6)   Following the presentation of evidence, each side shall be permitted to argue the case to the Civil Service Commission. The order of arguments shall be as follows:
         (a)   The city shall be permitted to present its opening argument;
         (b)   The employee, or his or her representative, presents an argument;
         (c)   The city shall be permitted to present a final argument.
      (7)   The burden of proof on establishing the charges is upon the city.
      (8)   The burden of proof is by a preponderance of the evidence.
   (G)   Findings and action. Within 30 days after conclusion of a hearing, the Civil Service Commission shall submit its findings and decisions in writing to the City Manager and the appellant. Such findings and decisions shall be final.
   (H)   Firefighters. The procedures in this section shall not apply to a firefighter, as defined in § 2.48.181, who is subject to the procedures set forth in § 2.48.181. A firefighter who is not subject to the procedures set forth in § 2.48.181 shall remain subject to the procedures in this section.
(‘86 Code, § 2.48.180) (Ord. 3898, passed - - ; Am. Ord. 4671, passed 5-26-15)
§ 2.48.181 RULE XVIIA: PUNITIVE ACTION, ADMINISTRATIVE REVIEW OF PUNITIVE ACTION, APPEAL OF PUNITIVE ACTION TO THE CIVIL SERVICE COMMISSION AND ADMINISTRATIVE LAW JUDGE, FOR FIREFIGHTERS.
   (A)   Introduction and applicability. The following procedures are adopted pursuant to the Firefighters Procedural Bill of Rights Act as contained in Sections 3250 et seq. of the California Government Code and so are intended to comply with the applicable provisions of Sections 11500 et seq. of the California Government Code (collectively, the Administrative Procedures Act,) and of Sections 1000-1050 of Title 1 of the California Code of Regulations (collectively, regulations of the Office of Administrative Hearings). To the extent any of the following procedures expressly conflict with an applicable requirement of the Firefighters Procedural Bill of Rights Act, Administrative Procedures Act, or regulations of the Office of Administrative Hearings, the applicable statutory or regulatory provision shall control. These procedures shall not apply to an employee who does not meet the definition of a firefighter in this section.
   (B)   Scope. This section shall establish the procedures for issuance, administrative review, and appeal of a “punitive action” imposed on a “firefighter,” as those terms are defined in division (D). These procedures shall apply when the punitive action is based solely on events and circumstances involving the performance of a firefighter’s official duties, within the meaning of Sections 3250 et seq. of the California Government Code. The procedures in § 2.48.170(C) and (E) and § 2.48.180 shall not apply to a firefighter who is subject to the procedures set forth in this § 2.48.181.
   (C)   Supplemental rules. The City Manager or his or her designee is authorized to adopt supplemental rules for the conduct of appeal hearings governed by these procedures.
   (D)   Definitions.
      (1)   ALJ. The term ALJ refers to an administrative law judge on the staff of the Office of Administrative Hearings. References to ALJ, alone, in these procedures do not include members of the Commission.
      (2)   COMMISSION OR COMMISSIONER. The term COMMISSION or COMMISSIONER refers to the members of the Civil Service Commission of the City of Alhambra. References to the COMMISSION or COMMISSIONER in these procedures do not include the ALJ.
      (3)   FIREFIGHTER. The term FIREFIGHTER includes city employees who have completed any applicable probationary period and hold one of the following job classifications: Assistant Fire Chief/Fire Marshal, Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, and Firefighter.
      (4)   NOTICE OF APPEAL. The term NOTICE OF APPEAL refers to the document that may be submitted by a firefighter to appeal a punitive action in accordance with this section. For purposes of this section, a NOTICE OF APPEAL shall be considered to be a “notice of defense” within the meaning of Sections 11500 et seq. of the California Government Code.
      (5)   OAH. The term OAH refers to the Office of Administrative Hearings at the Los Angeles regional office to which the case is assigned.
      (6)   PARTY OR PARTIES. The terms PARTY or PARTIES may refer to the city or the firefighter who is subject to the punitive action, or both.
      (7)   PUNITIVE ACTION. The term PUNITIVE ACTION shall be as defined in Section 3251(c) of the California Government Code, specifically, written reprimand, suspension, reduction in pay, demotion, dismissal, and transfer for purposes of punishment. Where applicable, the definition of these terms shall be the same as in § 2.48.170.
      (8)   SERVE OR SERVICE. The terms SERVE or SERVICE mean delivery of a document by the means specified in Title 1, Section 1008 of the California Code of Regulations.
      (9)   WRITTEN DECISION. For purposes of this section, a WRITTEN DECISION shall be considered to be an “accusation” within the meaning of Sections 11500 et seq. of the California Government Code when punitive action is imposed. The WRITTEN DECISION is the written document notifying the firefighter of the punitive action.
   (E)   Notice of proposed punitive action. A firefighter for whom punitive action is proposed, shall be served with a written notice of the proposed punitive action and the time period within which a written request for an opportunity to be heard orally or in writing may be filed by the firefighter. Notification shall include a statement of the proposed punitive action and the reasons therefor, together with the materials upon which the punitive action is based and the right to respond, either orally or in writing.
   (F)   Administrative review of punitive action.
      (1)   Right to administrative review of punitive action. A firefighter shall have the right to request an administrative review of a punitive action. The administrative review shall be conducted prior to the effective date of the punitive action.
      (2)   Process for administrative review of punitive action.
         (a)   Upon receipt of the firefighter’s written request to respond to a proposed punitive action, the Fire Chief or his or her designee shall conduct any further necessary investigation and meet with the firefighter within five work shifts or business days to conduct the administrative review meeting.
         (b)   When the termination of a firefighter is under consideration, the appointing authority, or his or her designee, may participate in the administrative review meeting and, if the Fire Chief decides to terminate, the appointing authority, or his or her designee must concur in the decision of the Fire Chief before the firefighter is served with the written decision.
   (G)   Procedures following administrative review.
      (1)   Written decision imposing punitive action.
         (a)   Timing. At the conclusion of the administrative review meeting, if the Fire Chief or his or her designee decides to impose punitive action, he or she shall serve a written decision upon the firefighter and the Personnel Officer within 30 days.
         (b)   Content. A written decision that imposes punitive action on a firefighter shall contain a statement of charges, which sets forth a description of the acts or omissions in violation of city rules, policies, or practices that support the punitive action imposed. The written decision shall further identify the effective date of the punitive action, which shall be no sooner than 48 hours from the decision of the Fire Chief or his or her designee.
         (c)   Enclosures. A written decision that imposes a punitive action, shall include the following enclosures:
            1.   A notice of right to appeal form;
            2.   Copies of Sections 11507.5, 11507.6, and 11507.7 of the California Government Code.
         (d)   Service of written decision. The written decision shall be served upon the firefighter. Service upon the firefighter shall be made in person or by registered mail addressed to the firefighter at the most recent address on file with the Personnel Department. It shall be the responsibility of the firefighter to keep the Personnel Department apprised of his or her current address.
      (2)   Right to appeal. Firefighters shall have the right to appeal any punitive action.
      (3)   Method of appeal.
         (a)   Filing deadline. Unless the Personnel Officer authorizes additional time in writing, the firefighter must serve by registered mail or personally deliver a signed written notice of appeal to the Personnel Officer within 15 days after he or she is served with the written decision.
         (b)   Firefighter’s response.
            1.   The notice of appeal must include a hearing request and may also include one or more of the following responses by the firefighter, as set forth in Section 11506 of the California Government Code:
               A.   An objection to the written decision upon the ground that it does not state acts or omissions upon which the city may proceed;
               B.   An objection to the form of the written decision on the ground that it is so indefinite or uncertain that the firefighter cannot identify the acts or omissions at issue or prepare a defense. Failure to object in the notice of appeal shall waive this objection;
               C.   An admission that the written decision is entirely, or in part, correct. Any remaining statements in the written decision shall be deemed denied; and/or
               D.    Presentation of a new matter by way of defense.
            2.   The firefighter, in his or her notice of appeal, shall indicate whether he or she desires an open or closed appeal hearing.
   (H)   Pre-appeal hearing procedures.
      (1)   Notice of availability or hearing-setting conference.
         (a)   Deadline. Within ten days from receipt of the notice of appeal, each party must submit a written notice of availability to the Personnel Officer identifying available dates for the appeal hearing, time estimates for the appeal hearing, and any other applicable information or documents, as set forth in Title 1, Section 1018 of the California Code of Regulations. Upon receipt of both parties’ notice of availability, the Personnel Officer will ascertain the availability of each of the Commission members. Alternatively, the Personnel Officer may choose to schedule a hearing-setting conference and will notify the parties and the Commission members in writing of the date of the hearing-setting conference.
         (b)   Topics for hearing-setting conference. The hearing-setting conference will deal with the matters set forth in Title 1, Section 1018 of the California Code of Regulations. Commission members and the parties must be prepared to discuss time estimates, availability, and other applicable information and documents, as set forth in Title 1, Section 1018 of the California Code of Regulations.
      (2)   Request for ALJ. Within 15 days after the hearing-setting conference, if any, or when the Personnel Officer is in receipt of all applicable information set forth in Title 1, Section 1018 of the California Code of Regulations, the Personnel Officer shall file a request in writing with the OAH, to assign an ALJ and set a date for the appeal hearing. The written request will provide the applicable information and documents set forth in Title 1, Section 1018 of the California Code of Regulations.
      (3)   Notice of hearing. The Personnel Officer shall serve by personal delivery or registered mail a notice of hearing to all parties containing the details provided by the OAH. The notice of hearing shall be substantially in the form contained in Section 11509 of the California Government Code.
   (I)   Hearing procedures.
      (1)   Hearing officers. Every appeal hearing shall be heard by a quorum of the Commission and an ALJ. The ALJ shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the Commission on matters of law that are required to be within the jurisdiction of the ALJ pursuant to the Administrative Procedures Act or regulations of the Office of Administrative Hearings. The Commission shall exercise all other powers relating to the conduct of the hearing. A Commissioner who does not hear all of the evidence shall not vote on the decision.
      (2)   Hearing. The firefighter shall appear personally, unless physically unable to do so, at the time and place of the hearing. The firefighter may be represented by any person he or she may choose and may present any relevant evidence. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Commission or ALJ with due regard to the rights and privileges of the parties appearing before the Commission and the ALJ.
      (3)   Public hearings. Appeal hearings shall be conducted in private, unless the firefighter requests a public hearing. The ALJ may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter being heard.
(Ord. 4671, passed 5-26-15)
§ 2.48.190 RULE XVIII: SEPARATION FROM CITY SERVICE.
   (A)   Dismissal. A permanent employee in the classified service may be dismissed by the appointing authority only for cause as set forth in § 2.48.170 (Rule XVI) of this code. Such dismissal shall be made by the appointing authority with the approval of the personnel officer.
   (B)   Layoff.
      (1)   Commission to provide plan for layoff or reduction. For economic reasons, the Council may abolish any position in the classified civil service. The Commission shall administer a plan which shall provide for layoff and reduction on the basis of seniority and for the establishment of reemployment lists.
      (2)   Layoff and reduction procedure. The head of the department in which a layoff is to be made shall notify the personnel officer in writing of the number of employees to be laid off. The Personnel Officer shall then determine the employees who shall be reduced and/or laid off and so inform the department head in writing. The department head shall then immediately notify the employees who are to be reduced and/or laid off, giving them the effective date of such action.
      (3)   Emergency and temporary employees to be laid off first. Emergency and temporary employees in a classification shall be laid off before probationary or permanent employees.
      (4)   Plan for lay off and reduction. Layoff in a classification shall take place in inverse order of seniority credit within the classification from which an employee or employees are to be laid off. If there is a class of positions in a lower rank that is in the same regular promotional line for which the employee meets the requirements, the employee shall be reduced to such lower-ranking class, provided he has greater combined seniority in the lower ranking class and higher classes than other employees in that lower-ranking class. The employee in the lower-ranking class with the least seniority credit shall in turn be laid off or reduced in the same manner, to the end that the last person employed in the lowest-ranking class shall be the person laid off.
      (5)   Plan for computing seniority.
         (a)   Seniority credit shall be allowed only for continuous service in the class in which the employee is serving or in higher ranking classes in which he has served. No seniority credit shall be allowed for service prior to a break in the employee's employment with the city. Authorized leaves of absence shall not count as breaks in service. However, time while on leave shall not count toward seniority credit, except in the case of sick leave, military leave, and leave for which an employee receives disability payments under workmen's compensation.
         (b)   After temporary and emergency employees have been separated, seniority credit for probationary and permanent employees shall not include service as temporary and emergency employees.
      (6)   Layoffs when there are ties in seniority credit. In the event of ties in seniority credit, the employee who stands the highest on the eligible list from which the employees were appointed shall be considered to have the greatest seniority credit. In the event that the tied employees were appointed from separate lists, the employee on the list with the highest priority shall be considered to have the greatest seniority credit.
      (7)   Establishment of reemployment lists. Permanent and probationary employees who are laid off and reduced shall have their names placed on reemployment lists in the reverse order of layoff or reduction.
      (8)   Reemployment of employees laid off or reduced. If, within two years, a vacancy occurs in any existing class having the same or substantially similar qualifications as the position abolished or vacated, the employee laid off or reduced shall have the right to appointment to such vacancy, unless such person shall file a written waiver with the Personnel Officer: or fails to report for work within two weeks of notice of appointment.
      (9)   Reclassification lists. The employee on the reemployment list who has the greatest seniority shall be appointed to the first vacant position in the class for which the list exists unless he waives appointment. The reclassification or reallocation of all positions in a given class automatically reclassifies the reemployment list.
   (C)   Resignation. An employee wishing to leave the classified service in good standing shall file with the appointing authority a written resignation stating the effective date and the reasons for leaving. Such resignation should be filed at least two weeks before leaving the service, unless such time limit is waived by the appointing authority. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded by the concerned department head to the Personnel Officer. Failure to give notice as required hereby may be cause for denying future employment by the city. The department head may rescind a resignation notice on request of the employee.
('86 Code, § 2.48.190) (Ord. 3898, passed - - )
§ 2.48.200 RULE XIX: REPORTS AND RECORDS.
   The Civil Service Commission and the Personnel Officer shall determine the records to be maintained for each employee in the classified service.
('86 Code, § 2.48.200) (Ord. 3898, passed - -)
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