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All terms, phrases and words as used in this chapter shall have the meanings as defined in the Charter of the City of Chico, the Chico Municipal Code, or by common usage except for terms, phrases or words defined herein.
A. “Administrative Procedure and Policy.” Written policies and/or procedures adopted by the City Manager pursuant to Title 2 of the Chico Municipal Code, or by the City Council, and incorporated in the City of Chico Administrative Procedure and Policy Manual, herein referred to as “Administrative Procedure.”
B. “Advancement.” A pay increase within the limits of the pay range established for a job title.
C. “Appeal.” Any written request for relief filed pursuant to this chapter.
D. “Applicant.” Any person who has filed with the personnel office office an application for employment with the City or promotion to another City position.
E. “Appointing authority.” Councilmembers, the City Manager and department heads who, in their individual and/or collective capacities, have the authority, or have been delegated the authority, to make an appointment to a position to be filled, and to discipline or remove employees, pursuant to the applicable provisions of the Charter or this Code.
F. “Appointment.” The selection of and acceptance by a candidate to a position in the classified service or exempt service.
G. “Appropriate unit.” A group of employees who have been organized and established pursuant to Article IV of this chapter.
H. “Assignment.” The allocation of a job title to a pay plan range.
I. “Candidate.” Any applicant who fulfills the requirements of a given job description, who has successfully completed the required examination(s) for that job description, and whose name has been listed upon an eligible list pursuant to this chapter.
J. “Career ladder promotion.” The promotional process as defined in the City of Chico Classification Plan.
K. “Certification.” The process of giving the appointing power the names of the candidates who are on an appropriate eligible list.
L. “Class.” A position or group of positions having qualifications, duties and responsibilities sufficiently similar that they share the same title, job description and qualifications.
M. “Classification plan.” A grouping of job titles and their respective descriptions for the various positions within the City services adopted pursuant to this chapter.
N. “Demotion.” A disciplinary action resulting in a change in employment status:
1. From one job title to a second job title which requires lesser desired qualifications and is assigned a lower pay range in the City's duly adopted pay plan; or
2. From one pay step to a lower pay step within a pay range assigned to a particular job title.
O. “Discharge.” Involuntary and complete separation from a position for either disciplinary reasons, inability to perform the duties of the position, or for failure to satisfactorily complete a designated probationary period.
P. “Eligible list.” A list of candidates who have qualified for certification to a specific job title. Eligible lists shall be in one of the following forms:
1. “Reemployment list.” A list containing the names of previous employees who have resigned following satisfactory service, and requested reemployment.
2. “Employment list.” A list of candidates who have been examined competitively for either an initial or promotional appointment to a position.
3. “Reinstatement List.” A list containing the names of employees laid off or displaced in accordance with the procedures set forth in this chapter.
Q. “Employee organization.” Any organization which includes employees of the City and which has as one of its primary purposes the representation of its members in their employment relations with the City.
R. “Examination.” The process of measuring and evaluating the fitness and qualifications of applicants by appropriate testing procedures consisting of one or more of the following instruments alone or in combination:
1. Application evaluation test;
2. Personal interview test;
3. Performance test;
4. Physical agility test;
5. Written test;
6. Medical examination;
7. Psychological test.
S. “Job description.” A written statement of the essential factors which distinguish one job title from other job titles. The requisite parts of a job description are the title, definition, typical duties performed and the desired qualifications.
T. “Job title.” A descriptive name given to a position.
U. “Layoff.” The voluntary or involuntary separation of employees due to lack of work or funds, or due to the abolition of positions for such lack of work or funds, due to organizational changes, or due to changes in the methods for performing work.
V. “Majority representative.” An employee organization, or its duly authorized representative, that has been granted exclusive recognition by the City Council as representing the majority of employees in an appropriate unit.
W. “Mediation or conciliation.” The efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms.
X. “Meet and confer in good faith.” (Sometimes referred to herein as “meet and confer” or “meeting and conferring”), as defined in Section 3505 of the California Government Code.
Y. “Memorandum of Understanding.” A written statement, setting forth the matters on which agreement has been reached through meeting and conferring.
Z. “Officer.” As defined in Chapter 2.04 of this Code, provided, however, unless otherwise provided for in this chapter, “officer” shall not include Councilmembers and members of the Airport Commission and Bidwell Park and Playground Commission.
AA. “Pay plan.” A schedule of pay-plan ranges and steps as adopted by the City Council either through the annual budget or a memorandum of understanding or an adopted pay and benefit resolution.
BB. “Pay plan range.” A designated series of pay plan steps ranging from the lowest to the highest step as incorporated in the duly adopted pay plan.
CC. “Pay plan step.” A specific amount of pay as adopted within a pay plan range.
DD. “Position.” A group of responsibilities requiring the full or part-time services of one person as designated by a job title and described by a job description as duly adopted in the City of Chico classification plan.
EE. “Probationary Rejection.” The discharge of an employee from an initial probationary position or the demotion of an employee from a promotional probationary position to the previously held position in which the employee successfully completed the probationary period.
FF. “Probationary period.” A working test period during which an employee is required to demonstrate fitness for the duties to which appointment is made.
GG. “Promotion.” A change in employment status from one job title to a second job title which requires a higher level of desired qualifications, is assigned more difficult duties and responsibilities, and is assigned a higher pay range.
HH. “Protected group members.” Ethnic and racial minorities, women and the disabled.
II. “Reclassification.” The resulting modification of job duties and title supported by classification analysis which identifies a difference between the existing job description and the actual job duties.
JJ. “Recognized employee organization.” As defined in Section 3501(b) of the California Government Code.
KK. “Reduction.” A pay decrease within the limits of the pay range established for a job title.
LL. “Reinstatement.” The return to employment of a person to the same position which the individual held at the time of separation.
MM. “Resignation.” Voluntary separation from a position.
NN. “Scope of representation.” All matters relating to employment conditions and employer-employee relations, including, but not limited to wages, hours and other terms and conditions of employment except however, that the scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order.
OO. “Suspension.” The temporary, involuntary separation of an employee for disciplinary reasons for a specific period of time.
PP. “Transfer.” The change of an employee's employment status resulting from:
1. A voluntary or involuntary transfer from one job title to another job title having similar qualifications, duties and responsibilities, which does not result in any diminution of salary, benefits or other emoluments;
2. A voluntary transfer from one job title to another job title having lesser qualifications and/or duties and/or responsibilities which may or may not result in a diminution of salary and/or benefits and/or other emoluments.
3. A voluntary or involuntary transfer from one job title to the same job title in a different department.
QQ. “Working hours.” As defined in the Administrative Procedure and Policy Manual or adopted memorandum of understanding or pay and benefit resolution.
RR. “Work week.” As defined in the Administrative Procedure and Policy Manual or adopted memorandum of understanding or pay and benefit resolution.
SS. “Y-Rate.” The maintenance of an employee's salary or pay rate at the level achieved by the employee immediately prior to a reduction in job class until such time as the pay level of the lower job class reaches or surpasses such achieved salary or pay rate.
(Res. No. 143 95-96)
The provisions of this chapter shall not be construed to limit the rights of any employee or recognized employee organization pursuant to the provisions of California Government Code Section 3500 et seq. (Meyers-Milias-Brown Act) or any other applicable statute or regulation. City recognizes its obligation to meet and confer with recognized employee organizations upon request as provided for in such statutes.
(Res. No. 143 95-96)
These rules shall be amended pursuant to the provisions of Section 2.72.080 of this Code; provided, however, that recognized employee organizations whose members may be affected by the proposed amendment shall be provided with a copy of the proposed amendment at least twenty (20) days prior to consideration by the City Council. Upon request, the City Manager or his or her designated representative will meet with representatives of recognized employee organizations, within ten (10) days following such request and prior to the scheduled date for City Council consideration thereof, to meet and confer regarding the proposed amendment. At the time the matter is considered by the Council, any interested person may appear and be heard. Amendments shall become effective upon adoption by resolution of the City Council following such consideration or at such other time as the adopting resolution may provide.
(Res. 143 95-96)
The City shall not attempt to elicit nor shall it elicit any information of any kind or character from an applicant, candidate, officer or employee concerning that individual's political or religious opinions or affiliations. Personnel actions involving such individuals shall not be affected or influenced in any manner by their political or religious opinions or affiliations, the race, the sex, the age or the ethnic derivation of the individual involved. Nothing contained herein shall be construed to preclude the execution of oaths of allegiance or oaths of office as may be required by the City Charter or the Constitution of the State of California.
(Res. No. 143 95-96)
The City shall not discriminate against any person in any employment or personnel action in any manner on the basis of race, sex, color, age, national origin, religion, ethnic derivation, citizenship status, physical or mental disability, medical condition, AIDS/HIV status, genetic information, political activities or affiliations, military and veterans status, sexual orientation, gender identity, or marital status.
(Res. No. 143 95-96, Ord. 2451 §1)
A. Personnel Files. The Director shall 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 such 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 such materials upon request and scheduling as provided by Administrative Procedure. Information of a derogatory nature shall not be entered or filed unless the employee is provided copy thereof and an opportunity to respond. An employee shall have the right to comment on any such derogatory information and the comments shall be stapled to the information. No information shall be disclosed from the personnel file of a current or former employee, unless written permission from the employee is provided in a form approved by the Director, other than that information allowed by law, as set forth by Administrative Procedure, to any person other than the City Manager, Assistant City Manager, Director, City Attorney, a department head only upon the approval of the Director, or their designated representatives. The personnel files of the City Manager and City Attorney shall be available to individual City Councilmembers for review upon request to the Director. Nothing herein shall preclude nor specifically deny the use of any pertinent information in personnel files in any phase of a disciplinary action. Notwithstanding anything hereinabove to the contrary, pre-employment background investigation files or information, or information relating to any investigation by another public agency into possible criminal activity of an employee shall not be considered part of the employee’s personnel file and shall not be available to any person except as determined by the City Manager.
B. Personnel Transactions. Every transaction, including but not limited to, appointment, transfer, promotion, disciplinary action, change of pay or any other temporary or permanent change in status of employees shall be recorded by the Director in such manner as may be prescribed by this chapter and a copy of such change shall be provided to the employee.
C. Destruction of Records. Destruction of personnel records shall be carried out in accordance with the provisions of the California Government Code relative to destruction of records.
D. Removal of Counseling Memoranda from Personnel Files. Memoranda regarding employee performance counseling shall be removed from an employee's personnel file three (3) years after the date of such memoranda provided that no additional counseling memoranda on the same or related performance issue are filed in the personnel file within such three (3) year period.
(Res. No. 143 95-96, Res. No. 113-07)
A. Preparation or Revision of Plan. The Director shall 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, shall recommend a classification plan for such positions or matters relating to the classification plan. The classification plan shall consist of the job titles and job descriptions for all City positions. The classification plan shall 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 the duties of a position have changed materially so as to necessitate reclassification, the position shall 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 shall also be redescribed should the duties of the position change materially. Reclassification shall not be used for the purpose of avoiding restrictions regarding demotions and promotions. No person shall be appointed to any position unless the position has been incorporated in the classification plan as provided by these rules.
B. Adoption or amendment of plan - Effect. The classification plan or any part thereof shall be established by the City Manager; provided, however, that prior to the City Manager’s consideration, the classification plan or any amendment thereto shall be approved and recommended by the Director to the City Manager. The Director’s recommendations shall contain a definition of each position, a list of the duties, responsibilities and working conditions of each position and the desired qualifications for each position. Prior to the City Manager’s approval of the classification plan or any amendment thereto, a copy of the proposed amendment shall be distributed to the affected employee organizations.
(Res. No. 143 95-96, Res. No. 113-07)
The manner and method of pay for employees is prescribed in the annual budget of the City and/or duly adopted memoranda of understanding or pay and benefit resolutions.
If an employee's probationary period is extended as provided by this chapter, an employee shall nonetheless be eligible for pay advancement at the expiration of the initial probationary period, if such advancement is provided for in the annual budget of the City, memorandum of understanding and/or pay and benefit resolution affecting the employee's job title. Such advancement shall be effective only after the department head has certified that the employee has fulfilled the job requirements during the initial probationary period.
In the event that an employee is reduced in job class in lieu of layoff for reasons of economy or efficiency, or is reclassified to a lower level position, the employee may be ‘Y-Rated’ at the level attained by the employee prior to such reduction in job class, upon approval of the City Manager.
(Res. No. 143 95-96)
A. General Prohibition. No officer or employee of the City shall 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 or 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; or the badge, uniform, prestige or influence of 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 or hours 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 interfere with the performance of duties as a City officer or employee.
C. Director’s Approval. No officer or employee of the City shall be gainfully employed at any employment activity or enterprise outside of City service without prior approval from the Director. If the Director seeks such approval, the outside employment activity shall be reviewed by the City Manager. The provisions of this paragraph shall not apply to the Council-appointed positions of City Manager and City Attorney.
D. Council Authority. The City Council, by resolution, may define those occupations, activities or enterprises for which such outside employment approval shall not be given. In defining those occupations, activities or enterprises which shall be so prohibited, the Council shall consider, but shall not be limited to consideration of, whether the occupation, activity or enterprise is inconsistent, incompatible or in conflict with the duties, functions or responsibilities of City employment. This section shall not be interpreted to limit disapproval of outside employment to those occupations, activities or enterprises prohibited hereby.
E. 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 above, shall be set out in the Administrative Procedure and Policy Manual available to any and all officers and employees.
(Res. No. 143 95-96, Res. No. 113-07)
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