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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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