Loading...
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)
As used in this chapter, the following terms shall be defined as set forth below:
A. “Classified Service.” A grouping of job titles occupied by non-management probationary and permanent employees, as designated by the City Manager in the Classification Plan.
B. “Classified Service Employee.” A non-management probationary or permanent employee occupying a classified service job title to which this Article applies.
C. “Confidential Employee.” A non-management, classified service employee who assists and acts in a confidential capacity to persons who formulate, determine and implement management policies in the field of labor relations, as designated by the City Manager in the Classification Plan.
D. “Permanent Employee.” A classified service employee who has successfully completed a probationary period and has been retained as hereafter provided in this chapter.
2. “Permanent full-time employee.” An employee who provides full-time services to the City and who is compensated at full pay for the employee's position.
2. “Permanent part-time employee.” An employee who provides less than full time service to the City and who is compensated proportional to the amount of service provided to the City as provided by the individual's appointment document.
E. “Probationary employee.” A classified service employee who has not completed the probationary period for a particular position pursuant to this chapter.
F. “Professional Employee.” A non-management, classified service employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, usually leading to the attainment of an academic degree, as designated by the City Manager in the Classification Plan, subject to the provisions of California Government Code Section 3500 et seq., as applicable to the City.
G. “Supervisory Employee.” A non-management, classified service employee occupying a position whose principal job duties include supervising the work of other employees, as designated by the City Manager in the Classification Plan, subject to the provisions of California Government Code Section 3500 et seq., as applicable to the City.
H. “Veteran.” An individual who is considered to be a veteran of military service by the government of the United States, and who has been discharged or released upon conditions other than dishonorable.
(Res. No. 143 95-96, Res. No. 74 01-02)
A. Application and Applicants.
1. Announcement. Notice of vacancies for all positions in the classified service shall be given by the preparation of employment opportunities announcements. Such announcements shall be posted at the department and on departmental bulletin boards, and may further be posted, distributed, or advertised in such a manner as the director shall determine will yield maximum effectiveness and benefit to the City in securing the largest number of qualified applicants. In addition, a copy of such announcement shall be mailed to the official representative of the applicable employee organization, if any. The announcement shall specify the position, title, and pay range of the position for which the examination is announced, the nature of the work to be performed, desired qualifications, the date, time, place, and manner of making applications, the closing date for receiving applications, the types of tests to be administered in the examination, and other pertinent information.
2. Application Forms. Applications shall be made on forms provided by the Director. All applications must be signed prior to appointment by the person applying.
3. Disqualification. The Director may reject any application which indicates on its face that the applicant does not possess the desired qualifications required for the position. Such desired qualifications may include physical or psychological requirements if they are bona fide occupational qualifications for the position to which the applicant seeks appointment. Further, the applicant may be rejected if the applicant is determined to be a current abuser of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude, a crime which would reasonably be expected to affect the applicant’s ability to perform the duties of the position applied for or which could reasonably be expected to reflect adversely on the mission of the City; has made any false statement on the application on any material fact; or has practiced or attempted to practice any deception or fraud on the application. Defective or incomplete applications shall be rejected. Whenever an application is rejected, notice of such rejection shall be made to the applicant by the Director.
4. Reduction in Number of Applications. The Director may reduce the number of qualified applicants to be examined through a method of random selection, as set forth in an approved Administrative Procedure.
B. Examinations.
1. Subject and Methods of Examinations. Examinations may be assembled, unassembled, written, oral, practical demonstration, or any combination thereof, or any other form which will evaluate fairly the qualifications of applicants. In whatever form the examination takes, it shall relate to job responsibilities for the position and shall be structured fairly to measure the applicant's capability to perform in the position. Examinations may consist of one or more of the following parts:
a. Performance Tests. That part which deals with the duties of a position, and is designed to test the ability of an individual to perform those duties. Example: the practical test of driving or typing.
b. Written Test. That part which examines the knowledge and training which form the basis for performing the duties of the position.
c. Application Evaluation Test. That part which reviews the applicant's qualifications, training and experience as measured in relation to the desired qualifications of the position and those of other applicants, through an analysis of application forms and/or resumes. Recommendations provided by references which relate to the requirements of the job may be included as part of this evaluation.
d. Physical Agility, Medical or Psychological Tests. A physical agility, medical and/or psychological examination or test may be required of any applicant.
e. Personal Interview Test. The applicant may be questioned on the duties of the position, training and experience, the nature of work previously performed, and other occupational qualification questions in order to determine the applicant's fitness for the position.
2. Conduct of Tests. The Director shall administer such tests as are appropriate and shall arrange for the use of public buildings, materials, and equipment for the conduct of tests. All tests shall be held unless no qualified applicants are available for testing.
3. Qualifying Grade. In all tests, the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the test, including educational requirements, experience, occupational qualifications of the position, and other test validity studies. If so determined by the Director prior to test administration, failure in one test of an examination may be grounds for declaring that an applicant has failed the entire examination or is disqualified for subsequent parts of an examination.
4. Notification of Results. Each applicant taking an examination shall be given notice of the results thereof within a reasonable time period, including the applicant’s final rating and, if successful, the applicant’s relative position on the subsequent employment list. Applicants shall have the right to inspect their test papers and the key examination booklet except where standardized examinations are used. An error in grading or rating, if called to the attention of the Director within 10 days after notification of the results of the examination, shall be corrected and appropriate changes to any employment list made. Correction shall not, however, invalidate a certification or appointment previously made. In promotional examinations applicants may, upon request, be provided an analysis of their test results.
5. Review of Examination Comments. City will receive and review any and all comments offered by applicants concerning the examinations, their validity, and any other comments the applicant desires to offer, and will provide a written response.
C. Employment Lists.
1. Employment.
a. As soon as possible after the conclusion of an examination, the Director shall prepare and keep available a list of names of persons successful in the examination. The final rating shall be determined by the total of the scores received by each candidate for each test of the examination based upon the relative value assigned to each test. Candidates achieving identical final ratings shall be listed at the same numerical ranking on the employment list in the order in which their names are randomly selected by the Director. Candidates whose final rating falls lower than such a grouping shall be listed at the numerical ranking which is one greater than the total number of candidates that achieved a higher final rating. (Example: If four candidates score the same highest final rating, all four are listed at the number 1 ranking, in the order that their names are randomly drawn by the Director. Three candidates scoring the second highest rating would have a ranking of 5, their names also in random order. A single candidate with the third highest final rating would have a ranking of 8, and so on.)
b. Exception. The only exception to the numerical ranking system, as provided in Subsection 1, shall apply to candidates who are Veterans and have provided documentation of qualifying military service to the Department at the time of application for an examination process open to persons who are not current City employees. If a Veteran has a final rating identical to other non-veteran candidates, the Veteran shall be listed at a position on the employment list at a numerical rating which is one greater than the non-veteran candidates. If two or more Veterans have identical final rating scores, the Veterans will be placed at the same numerical ranking in the order in which their names are randomly selected by the Director. (Example: If four candidates score the same highest final rating and one is a Veteran, the Veteran shall be listed at the number 1 ranking and the remaining three candidates shall be listed at the number 2 ranking in the order that their names are randomly drawn by the director. If four candidates score the same highest final rating and two are Veterans, the Veterans shall be listed at the number 1 ranking and the remaining two candidates shall be listed at the number 3 ranking, all in the order that their names are randomly drawn by the Director.)
2. Reemployment Lists. Employees who have resigned in good standing upon their request at the time of termination of employment shall be placed on a reemployment list for the position from which they resigned. Employees who resign and so request placement on the reemployment list shall be placed on the list in the order, most to least, of the number of years in the position covered by the list.
3. Special Placement of Police Academy Trainees. Hourly exempt employees in the Police Academy Trainee classification who have successfully completed all of the requirements for the Police Officer Entry classification shall be placed on the Employment List for the Police Officer Entry position without further application or testing. Such Police Academy Trainees will be placed at the number 1 ranking on the list, and no specific testing score will be assigned to them. Qualified Police Academy Trainees may be placed on a Police Officer Entry Employment List which has no other candidates. Should multiple Police Academy Trainees become eligible for placement on the Police Officer Entry Employment List, all will be placed at the number 1 ranking, with the remainder of candidates placed below them in the manner specified in Paragraph 1 above.
4. Duration. Employment lists shall become effective upon the approval thereof by the Director and upon certification that the same were properly prepared and represent the relative ratings of the names appearing thereon. Employment lists shall remain in effect for one year and may be extended by action of the Director, after consultation with the appointing authority, for additional three-month periods, but in no event shall an employment list remain in effect for more than two years. The only exception to the one-year effective period for employment lists shall be for the positions of Public Safety Dispatcher - Entry, Public Safety Dispatcher - Lateral; Police Officer-Entry, and Police Officer - Lateral, all of which shall have an effective period of six months, with the Director’s authority to extend such lists for additional three-month periods to a maximum of one year from the date originally established. Reemployment lists shall remain in effect for a period of not less than one year and so long as the employment list for the same position remains active, provided, however, that the maximum period of entitlement for placement of an employee on a reemployment list shall be one (1) year from the date of termination. The Director shall have the authority, subject to approval by the City Manager, to invalidate and terminate an employment list due to cheating or other irregularities associated with its establishment. The Director shall also have the authority to terminate an employment list which contains less than three (3) names thereon.
5. Multiple Employment Lists. If, after consultation with the appointing authority, the Director determines that there are less than ten (10) eligible candidates on an employment list for a particular position, the Director may establish additional employment lists pursuant to this chapter. The relative ranking of eligible candidates on all valid employment lists shall be based upon the date that each such list was established by the Director, with the candidates on the list first established being ranked above candidates on the second list, regardless of score, and so on, in the order that each candidate is listed. The only exception to the sequencing of employment lists pursuant to this paragraph shall be for the positions of Public Safety Dispatcher - Entry, Public Safety Dispatcher - Lateral, Police Officer Entry, and Police Officer - Lateral, in which case the scores from multiple examinations shall be integrated into a single eligibility list, with each candidate retaining the period of entitlement to placement on the employment list established as of the date the candidate successfully completed the examination process.
6. Removal of Names from Employment List. The name of any candidate appearing on an employment list shall be removed by the Director if any of the following occur:
a. Voluntary removal.
1. If the candidate requests in writing that his or her name be removed.
b. Involuntary Removal.
1. If the candidate fails to respond to a notice of eligibility for employment consideration mailed to his or her last known address; or
2. If the candidate has been considered for appointment and rejected as a result of a background investigation, preemployment interview or psychological evaluation; or
3. If the candidate is no longer qualified for the position; or
4. If the candidate is determined to have cheated on one or more of the examinations for the position. The candidate affected shall be notified of the removal and the reasons therefor by notice mailed to candidate’s last known address. Such notice shall also include the right of the candidate to respond to such removal to the Director within ten (10) days after such notification. Such response may be made orally or in writing. Within ten (10) days after such response, the Director shall render a final decision. The names of candidates listed on a promotional basis who have either resigned or are discharged from the service of the City shall automatically be removed from any such lists.
D. Method of Filling Vacancies.
1. Types of Appointment. Vacancies may be filled by transfer, reemployment, demotion, promotion, including career ladder promotions, or by candidates certified by the Director from an employment list.
2. Order of Precedence. The order of precedence for filling vacancies shall be as follows:
a. Layoff reinstatement list.
b. Career ladder promotions, if such procedure is utilized.
c. Promotional list.
d. Reemployment list.
e. Employment list.
3. Notice to Director. Whenever a vacancy is to be filled, the department shall be notified. The director shall advise the appointing authority as to the availability of employees for reemployment, request for transfer, and of candidates on employment lists for the position.
4. Certifying Candidates from Employment Lists. When certifying eligible candidates from employment lists to the appointing authority, the Director shall include the names of the top twenty (20) listed candidates on the employment list, plus all candidates tied with the twentieth-listed candidate, in addition to the names of candidates, if any, on the re-employment list. The names of all candidates willing to accept appointment shall be certified in the order in which they appear on the employment list. In the event that there is more than one vacancy to be filled at any one time, the total number of eligible candidates certified by the Director shall be increased by the number of additional vacancies to be filled. In the case of the employment lists for the Trainee, Entry and Lateral levels of Police Officer and Firefighter, Reserve Police Officer and Volunteer Firefighter, persons who have served the City for a minimum of eighteen months, and who are certified by the Fire Chief or Chief of Police to be in good standing, and who are qualified as established under the position job description and have successfully completed the examination process for the permanent position but not placed within the top twenty positions on the list, shall also be added to the list of candidates eligible for appointment in their respective departments.
5. Appointment. After review and investigation, the appointing authority shall make appointments from among any of the candidates certified in compliance with this section, and shall immediately notify the Director of the person or persons selected; provided, however, that should an employment list be certified with less than three (3) names contained thereon the appointing authority may request a new employment list prior to appointment of any candidate. The Director shall thereupon notify the candidate selected. If the candidate accepts the appointment and reports for duty within such period of time as the appointing authority shall prescribe, and provides information and material as required by the Director, the candidate shall be deemed appointed; otherwise, the candidate shall be deemed to have declined the appointment. Any candidate not appointed and who has a higher ranking than the candidate appointed pursuant to the provisions of this subsection shall, upon request, be provided with a statement from the appointing authority describing the employment qualifications which the candidate should attempt to strengthen in order to make him or her a more desirable candidate for employment.
6. Emergency Services - Emergency Appointments. City's office of emergency services may make emergency appointments as provided in Chapter 2.68 of the Code, without regard to the provisions of this chapter.
7. Career Ladder Appointments. Notwithstanding anything herein to the contrary, the appointing authority may promote a permanent full-time employee to a higher position in such employee's job classification career ladder, as defined in the Classification Plan, without testing or regard for existing employment lists, provided that such employee meets the desired qualifications for the position, as set forth in the job description, and/or otherwise possesses such other education, training or experience that the appointing authority deems qualifying to perform the duties of such higher position.
(Res. No. 143 95-96, Res. No. 39 97-98, Res. No. 48 97-98 §§1-2, Res. No. 80 99-00, Res. 74 01-02, Res. No. 51 02-03, Res. No. 11 04-05 §§1-2, Res. No. 113-07, Res. No. 19-13)
A. Probationary Period.
1. Objective of Probationary Period. The probationary period shall be regarded as an extension of the examination process and shall be utilized for closely observing the employee’s work, for securing the most effective training for the employee to assist the employee in adjusting to the position, and for rejecting any probationary employee who the appointing authority determines to be unsatisfactory.
2. Regular Appointment Following Probationary Period. All initial appointments, shall be subject to a probationary period of 12 months, except the appointment to Public Safety Dispatcher, which shall be subject to a probationary period of 18 months. However, the Director, with the approval of the City Manager, may extend the probationary period for any given job title not to exceed an additional 12 months upon finding that the length of the initial probationary period in relation to training and other requirements of the position is insufficient to evaluate adequately a probationary employee’s fitness. The applicable employee organization, if any, shall be given notice of such extension. Employees in their probationary periods at the time such an extension is made, shall not have their probationary periods extended. All appointments which result from a promotion or reclassification, with the exception of promotions to police sergeant, fire apparatus engineer, fire captain and communications/records supervisor, shall be subject to a probationary period of six months. Promotions to police sergeant, fire apparatus engineer, fire captain and communications/records supervisory shall be subject to a probationary period of 12 months. Appointments which result from a voluntary reduction in class which are subject to a probationary period pursuant to section 2R.72.140A.7.b shall be subject to a probationary period of six months.
An employee’s probationary period may be extended by the Director if the employee is unable to perform the employee’s job duties because of extended absence. However, the length of such extension shall not exceed the length of such extended period of absence. Nothing contained herein shall prohibit an employee from requesting, or an appointing authority from offering, an individual extension of a probationary period in lieu of termination.
3. Probationary Reports. Employee performance reports for probationary employees shall be prepared at three-month intervals through the entire probationary period. These reports shall be submitted to the Director on a form prescribed by the Director and shall be filed for permanent record. Each report shall be discussed with the employee and may be signed by the employee at that time, to indicate receipt of a copy of the report. If an employee declines to sign the performance report, the report shall be annotated to that effect and placed in the employee’s personnel file. The employee may, upon request, review the report with the Director to review or clarify areas of disagreement by the employee. However, the employee must first review the report with the employee’s department head, who shall have the authority to change such ratings. The Director shall not have the authority to change performance ratings but will review disputed ratings with the department head in an attempt to answer the concerns of the employee. Upon the conclusion of this review process, if the employee is still not satisfied, the employee may provide the Director with a written response regarding disputed ratings for placement in the employee’s personnel file. A copy of the performance report and associated documents shall be given to the employee upon final review of the report by the Director.
4. Rejection of Employee on Probation. During the probationary period, an employee may be rejected at any time by the appointing authority. A probationary employee so rejected shall not have the right to appeal such rejection or file a grievance relating thereto. Notification of rejection shall be in writing and shall be served upon the probationary employee five days prior to the discharge date except in the case of an emergency, and a copy shall be filed with the Director concurrent with such service on the employee.
5. Completion of Probationary Period; Permanent Status or Termination of Employment. The Director shall notify the applicable appointing authority at least 14 days prior to the termination of the probationary period. If the appointing authority determines to retain the employee, the appointing authority shall file with the Director a statement in writing to such effect and recommending that permanent status be granted to the employee. If such a statement is not filed at least seven days prior to the termination of the probationary period, the employee will be considered certified as a permanent employee.
6. Rejection from Promotional Position.
a. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted.
b. An employee, if any, appointed to the position from which the first employee was promoted may, at the discretion of the City Manager, be laid off, or, in the case of a promotional employee, reduced in job class to the position from which the employee was promoted, in order to create the necessary position vacancy.
c. The employee laid off or reduced in job class to create a vacant position shall not have the right to grieve or appeal such action. Such employee shall, however, have the right to request placement on the reemployment list. Should such employee subsequently be re-employed in or promoted to the higher position, a new probationary period shall be required, provided, however, that:
1. If the employee had successfully completed the probationary period prior to lay-off or demotion, no new probationary period will be required.
2. If the employee had successfully completed a substantial portion of the probationary period prior to the lay-off or demotion, the City Manager may, upon the recommendation of the department head, waive the requirement for a new probationary period and give the employee credit for the probationary time previously completed. The Director shall notify such employees at the time of their appointment to the position of the provisions of this paragraph.
7. Probationary Periods in Cases of Voluntary Reduction in Job Class. When an employee requests and is granted a voluntary reduction in job class, a new probationary period will not be required if:
a. The employee had previously completed a probationary period in the lower job class and was granted permanent employee status; or
b. The duties of the lower job class are included in the position from which the employee is being reduced in job class. However, if the employee moves to a job class in which the employee has not previously achieved permanent status or which is a different job class, a new probationary period will be required. Employees who are not considered permanent employees of the City shall not be eligible for a voluntary reduction in job class.
B. Transfer. An employee may be transferred at either the employee’s request or at the discretion of the employee’s department head at any time from one position to another position in the same or comparable class. If the transfer involves a change from the jurisdiction of one department or office to another, the prior consent of the head of each department or office shall be required unless the City Manager orders the transfer for the purposes of economy or efficiency. Transfer shall not be utilized to effectuate promotion, advancement, reduction in job class or disciplinary action; provided, however, that the City Manager may transfer an employee to a position of comparable or higher job class in the event that the employee’s current position is being eliminated from City service. No employee shall be transferred to a position for which the employee does not possess the desired qualifications. If an employee is involuntarily transferred, the employee may file a grievance to appeal such transfer in the manner as provided for in Section 2R.72.240 of this chapter.
C. Promotion. Vacancies may be filled by promotion from within the classified service or by open competitive examination. Appropriate examinations shall be used to develop an employment list for determining qualified promotional candidates. The decision as to whether a particular examination shall be on a competitive or on a promotional basis shall be made by the Director, after consultation with the affected department head, subject to the approval of the City Manager, based upon the determination as to how best the position can be filled to satisfactorily meet the needs of the service.
D. Reduction in Job Class.
1. Upon request of the employee, and with the prior consent of the prospective department or office head, a reduction in job class may be made to a vacant position.
2. The City Manager may place an employee in a vacant position of a lower job class in lieu of layoff for reasons of economy or efficiency, provided, however, that an employee may voluntarily elect to be laid off and placed on a layoff reinstatement list in lieu of reduction in job class.
3. No employee shall be placed in a lower job class for which the employee does not possess the desired qualifications.
E. Layoff. The City Manager may lay off an employee or employees in the classified service because of a shortage of work or funds, curtailment or elimination of a public service activity, or organizational restructuring which results in a reduction in force. In such cases, the Personnel Reduction Procedure shall be utilized.
F. Personnel Reduction Procedure.
1. Notification. Written notice of layoff and the availability of displacement rights, including available positions, shall be given to the affected employee(s), and the employee organization or group representing such employee(s), by the Personnel office office at least thirty (30) calendar days prior to the effective date of layoff. The Personnel office office shall also notify all employees who will be subject to the exercise of displacement rights by more senior employees. Written notice to employees subject to layoff shall be made by certified mail to the employee's address on file with the Personnel office office, or hand-delivered in person to the employee. Notice to employee organizations and groups, and notice to employees subject to displacement may be made by regular mail and/or other similar means of communication.
2. Order of Layoff. Layoffs shall be by classification, with probationary employees being laid off before permanent employees. The order of layoff for permanent employees shall be that the employee with the least seniority in the classification subject to layoff shall be laid off first.
3. Seniority.
a. For the purpose of layoff only, employees in a higher classification within a career ladder shall have seniority rights over other employees in the next lower job classification in the career ladder provided that such employee previously held permanent full-time status in the lower classification. Temporary and acting appointments to a classification shall not be construed as service in such classification, and unpaid leaves of absence shall not be included in calculating time of service to determine seniority.
b. Whenever the effective date of appointment to a classification is the same for two or more employees, probationary and permanent full-time service from the date of appointment to the classification, adjusted for unpaid leaves, shall be used to determine which employee had greater seniority within the classification. If classification seniority is still the same, the original date of hire with the City, adjusted for unpaid leaves, shall be used to determine seniority. If a tie still remains, the department head shall make a recommendation to the City Manager based on the particular employees' overall performance, and the City Manager shall make the final determination.
4. Displacement.
a. Permanent and promotional probationary full-time employees shall have the right to displace (bump) employees with less seniority in a lower classification provided that the employee previously held permanent full-time status in the lower classification. Clerical employees from other City departments displacing clerical employees in the Police Department will be required to successfully complete a background investigation conducted by Police Department personnel.
b. A permanent full-time employee hired directly into a higher job classification in a classification series may displace an employee in a lower classification within the classification series if the employee occupying the higher job classification has more seniority within the classification series than the employee occupying the lower level job classification.
c. Displacement rights afforded to an employee shall include access to those classifications in which the employee has previously served but which may since have been retitled but where, as determined by the Director, no substantive changes have been made in the duties or qualifications for the classification(s) in question.
d. To qualify for displacement to a classification in which the employee has previously served, the employee must be able to meet the desired qualifications therefor at the time of displacement or within a reasonable period thereafter, as determined by the Director.
e. Should an employee subject to layoff or displacement have prior City service in one or more classifications outside their career ladder at the time of layoff or displacement, such employee shall have the right to exercise displacement rights in their current career ladder, or in the career ladder of a prior classification. Such decision exercising displacement rights shall be made within the time limits as set forth hereinbelow and shall not be revocable or subject to change by the employee. For employees exercising displacement rights to a prior classification career ladder, only years of service in such career ladder may be used to determine seniority for the purposes of displacement to classifications contained therein.
5. Request for Displacement and Determination of Salary. In order to displace to a previously held classification, an employee must request such action in writing to the director within seven (7) calendar days of receipt of notice of layoff. The department will acknowledge in writing by regular mail the receipt of notification from the employee of the desire to exercise displacement rights. Employees may not exercise displacement rights subsequent to being laid off. An employee returning to a previously held lower classification shall be assigned to the step in the salary range for the lower classification for which they are qualified and that is closest to but does not exceed the employee’s current rate of pay. In no case shall the salary be increased above that received by the employee in the job classification from which the employee is laid off.
6. Reinstatement List.
a. Order. The names of persons laid off or displaced in accordance with these procedures shall be entered upon a reinstatement list for the position in the inverse order in which the layoff or displacement occurred.
b. Duration. Names of persons laid off from their appointed position or displaced due to bumping shall be carried on the reinstatement list for the position for two years. Persons subsequently reemployed or reinstated to regular positions of the same classification and status as that from which they were laid off or displaced shall, upon such reemployment or reinstatement, be removed from the list. Persons reemployed in a lower classification or on an hourly exempt basis shall remain on the list for the higher permanent position.
c. Recall. Appointments shall be made from the reinstatement list in the order that they appear on the list when a vacancy arises in the same classification. Reemployment or reinstatement will be subject to the employee passing a medical examination, and physical agility test and/or psychological test if applicable to the job classification, if the layoff period exceeds 12 months. Any person who does not respond within14 calendar days to a letter offering reemployment or reinstatement sent certified mail addressed to such person’s last known address shall be removed from the list. If an employee elects to become reemployed, the employee shall report to work within 30 calendar days from the date notice is given to the City that the employee will return to work. A laid off employee, when offered reemployment, who is unable to accept due to medical reasons as certified by a physician, may be granted an additional 30 calendar days to report to work. When an employee is unable to return to work due to a medical condition within this 60 calendar day period, the City shall recall the next employee on the reinstatement list and the disabled employee's name shall remain on the list and eligible for recall for the remaining duration of the two year period. If an employee declines reemployment or reinstatement to a permanent position of the same classification and status, or fails to report to work within the 30 calendar day period, except for a medical condition as provided for above, the employee's name shall be removed from the reinstatement list and the City shall have no further obligation for employment.
7. Reinstatement Rights.
a. An employee reemployed or reinstated from a layoff reinstatement list within two years of the effective date of layoff shall retain cumulative service credited as of the date of layoff for purposes of determining seniority in the event of future layoffs.
b. Upon reemployment, an employee shall resume accrual of vacation at the rate that corresponds to the employee’s years of service on the date of separation from employment due to layoff. An employee’s unused sick leave balance remaining on the date of such separation, after conversion to cash if applicable, shall be restored.
c. The period of time during which the employee is on unpaid status shall not count toward service credit.
d. Upon reemployment or reinstatement to the same classification from which laid off or displaced, an employee shall be placed at the same salary step which the employee occupied on the date of separation from employment or displacement, and shall be eligible for step increases on the same schedule or basis which existed on the date of layoff or displacement.
G. Resignation. An employee wishing to resign in good standing shall file with the employee’s supervisor at least two weeks before leaving the service a written resignation stating the effective date and reasons for leaving. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. The resignation shall be forwarded by the supervisor, through the department head, to the Director with a statement by the appointing authority or department head as to the resigned employee’s service performance and other pertinent information concerning the cause for resignation. An employee who fails to give notice of resignation shall be reported to the Director by the department head immediately, and may not be eligible for reemployment. An employee who leaves the service in good standing may request reemployment rights through the Director as described by this chapter. An employee who is absent for one work week or more, as applicable to the position, without permission from the City, without cause, or without notice to the employee’s department head, shall be deemed to have resigned the employee’s position and shall not be eligible for reemployment.
(Res. No. 143 95-96; Res. No. 3 99-00, Res. No. 02 03-04, Res. No. 11 04-05 §3, Res. No. 113-07, Res. No. 19-13)
A. General Provisions.
1. The provisions of this section, including permitted disciplinary actions, and hearing and procedural requirements shall be available only to permanent classified employees and, except in cases of probationary rejection, to permanent classified employees on promotional probation.
2. City employees who are not permanent classified employees or employees on promotional probation shall have no right to the notice and hearing requirements set forth herein. Provided, however, that such employees shall be given a written notice of such disciplinary action and the opportunity to discuss the matter with the Director.
3. When disciplinary action against a permanent classified employee is first contemplated by a direct or indirect supervisor of such employee, the employee shall be advised of the employee’s right to representation. Such advice may be given by the appointing authority or the Director.
4. At the discretion of the appointing authority or department head, employees may be placed on paid leave during a period in which an investigation into facts which may result in discipline is conducted. Such paid investigatory leave is not discipline, and employees on such paid leave shall not be subject to a reduction in pay or benefits during the period of investigatory leave. Investigatory leave may be terminated at any time by the appointing authority or department head. At such time, the employee shall immediately return to work. An employee who is placed on paid investigatory leave during an investigation shall be informed of the reason for the leave, the potential for discipline, the right to representation, and the obligation to return to work when so instructed by the appointing authority or department head.
B. Permitted Disciplinary Action. The following disciplinary actions may be taken against an employee for one or more of the causes for discipline specified in subsection D below, or for any other just cause:
1. Discharge;
2. Demotion; provided, however, that no employee shall be demoted to a position for which the employee does not possess the desired qualifications;
3. Suspension without pay; provided, however, that such suspension shall not exceed 240 hours, and no employee shall be penalized by suspension for more than 240 hours in any fiscal year; further provided, that employees exempt from payment for overtime work under the Fair Labor Standards Act (FLSA) shall not be suspended in a manner that would conflict with employees’ FLSA exempt status.
4. Written reprimand;
5. Any other action which corrects or mitigates the cause for which disciplinary action is taken and which is agreed to between the employee and the appointing authority, with the prior approval of the City Manager.
C. Delegation of Disciplinary Authority. Pursuant to Section 701a of the Charter of the City of Chico, the City Manager may at any time authorize any appointing authority to discipline subordinate employees subject to the procedures in these rules.
D. Causes for Disciplinary Action. Causes for disciplinary action against any employee shall include any just cause including, but not limited to, the following:
1. Fraud in securing employment;
2. Willful violation of safety rules;
3. Nonobservance of work hours;
4. Unauthorized absence;
5. Being in the unauthorized possession of or under the influence of alcoholic beverages and/or any nonprescription or unauthorized narcotics or dangerous drugs during working hours;
6. Refusal or failure to perform assigned work;
7. Violation of any City or department rule, regulation or ordinance applicable to an employee's performance;
8. Conviction of a felony or conviction of a misdemeanor involving moral turpitude;
9. Disrespectful or unprofessional treatment of the public or another City employee;
10. Disobedience of a lawful order or insubordination to proper authority;
11. Misuse, misappropriation or theft of City property;
12. Falsification of City records;
13. Unauthorized sleeping on the job;
14. Incompetent, substandard or untimely performance of assigned work.
E. Procedural Requirements Prior to Disciplinary Action. No employee to whom this section applies shall be subject to disciplinary action hereunder unless prior thereto such employee has received:
1. A written notice of the proposed disciplinary action including the specific charges, and grounds upon which such charges are based;
2. A reasonable time to review the materials upon which the charges and proposed action are based and to answer the charges;
3. The opportunity to appear before the appointing authority to respond to the charges orally and/or in writing;
4. Notice of his or her right to be represented by an attorney or other representative at any disciplinary conferences or proceedings;
5. A written decision on such answer at the earliest practicable date, not to exceed fifteen (15) days following the answer. No disciplinary action shall be taken against an employee until the time period provided herein has been exhausted without a response from the employee.
F. Notice of Proposed Action. An employee against whom disciplinary action is pending is entitled to reasonable advance written notice stating any and all reasons, specifically and in detail, for the proposed action. All material, including new material prepared subsequent to the notice, on which the notice is based and which is relied on to support the reasons in that notice, shall be assembled and made available to the employee for review. The notice shall inform the employee when and where the employee may review such materials and of a reasonable method for reviewing such materials. Employees will be provided with a copy of such materials upon request. Material which is classified as confidential and as such is not available for the employee to review shall not be used to support the reasons in the notice.
G. Employee’s Answer. An employee is entitled to a reasonable time, not to exceed fifteen (15) days unless the appointing authority authorizes a longer time, to answer a notice of proposed disciplinary action. The time to be allowed depends on the facts and circumstances of the case, and shall be sufficient to afford the employee ample opportunity to review the material relied on by the appointing authority to support the reasons in the notice and to prepare an answer. If the employee answers, the appointing authority shall consider the answer in reaching a decision. The employee is entitled to answer through a designated representative, or personally, or in writing, or any combination thereof. The right to answer personally includes the right to answer orally in person by being given a reasonable opportunity to make any representations which the employee believes might affect the final decision in the case. When the employee requests an opportunity to answer personally, the appointing authority taking the action shall personally hear the answer. The word “answer” shall be deemed to include such statements, affidavits, declarations, or such other evidentiary matter as the employee may wish to submit. At this stage of the process, the employee shall not be entitled to an evidentiary hearing and the sole purpose of the answer shall be to allow the employee to respond to the charges. Further, the employee shall not be entitled to present witnesses or cross-examine any witness of the appointing authority.
H. Status of Employee During Notice Period. Except as otherwise provided, an employee against whom disciplinary action is proposed is entitled to be retained in an active status during the notice period. When circumstances are such that the retention of the employee in an active status in the employee's position may result in damage to City property or may be detrimental to the interests of the City or injurious to the employee, fellow workers or the public, the appointing authority may temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid leave status which is not charged to the employee.
I. Notice of Decision. Any employee against whom disciplinary action is pending is entitled to notice of the appointing authority’s decision at the earliest practicable date, not to exceed fifteen (15) days following the answer. The appointing authority shall cause the notice of decision to be delivered to the employee at or before the time when the action will be effective. If discipline is to be finally imposed, the notice shall be in writing, be dated and inform the employee of the following:
1. Those reasons in the notice of proposed disciplinary action which have been sustained and which have not been sustained;
2. The nature of the disciplinary action.
3. The right to appeal the notice of decision, as provided herein, if and only if such disciplinary action results in discharge, demotion, or suspension. However, police safety employees shall have a right to appeal if the disciplinary action is with a written reprimand. All other employees may provide a written response to the reprimand and the response shall be placed in the employee’s personnel file, stapled to the written reprimand, but the employee shall have no right to further appeal.
4. The time limit for such appeal. If after notice and answer the appointing authority decides not to discipline the employee, the employee shall be so notified within fifteen (15) days following the answer. No materials relating to the proposed disciplinary action shall be placed in an employee’s personnel file unless and until a decision is made to discipline the employee.
J. Appeal of Disciplinary Actions.
1. To appeal the notice of decision, an employee must file with the Director within fifteen (15) days following receipt of the notice of decision a written request for such appeal and hearing. Upon receipt of such request a hearing officer shall be named to hear the matter. The City Clerk will coordinate the administrative hearing officer system through the Office of Administrative Hearings. The system of selecting a hearing officer for a given hearing will consist of the City Clerk contacting the Office of Administrative Hearings and requesting a hearing officer. Both the employee and the City shall have the right to challenge and refuse any hearing officer so selected. The employee and the City may each so challenge two such hearing officers. The City Clerk's selection process shall proceed until both parties are satisfied with the selection or until their rights to challenge are exhausted.
2. The hearing authorized herein shall be held within thirty (30) days following the request for hearing.
3. Whenever a hearing on any disciplinary action is to be held, the Director shall notify the person requesting the hearing, the selected hearing officer, and the appointing authority from whose action the appeal is being taken, of the date, time and place of the hearing and shall publicly post a notice of the date, time and place of hearing on a public bulletin board in the Municipal Center of the City.
4. The hearing may be public or closed, at the employee's option.
5. The employee requesting the hearing shall not be required to appear at the hearing; provided, however, that in any event City shall have the right to call as a witness the employee requesting the hearing. The employee requesting the hearing may be represented by any person. Unless otherwise mutually agreed upon by the employee and City’s representative, during the hearing, any and all witnesses to be called by either the employee or City shall be excluded from the hearing room unless actually testifying. Provided, that both the employee and City may designate a person, who shall not be subject to the exclusion herein, who has investigated the matter at issue in the hearing and whose assistance during the hearing is necessary to the efficient conduct of the hearing.
6. The Director shall issue subpoenas to compel the attendance of witnesses or the production of documents at the hearing when a request for same is made on behalf of the City, or by the affected employee. Any witness fees, mileage or other costs relating to subpoenas shall be the responsibility of the party requesting their issuance.
7. The hearing shall proceed generally as follows:
a. City’s representative and the affected employee may make preliminary, opening statements.
b. The City’s representative shall present oral and/or documentary evidence in support of City's position; the affected employee may cross-examine any witness called by City.
c. The affected employee may present evidence in employee’s own behalf; the City’s representative may cross-examine such witnesses as are called by the affected employee.
d. Both the City and the affected employee may present rebuttal evidence as they deem necessary and appropriate.
e. The hearing officer shall rule on any objections made to the admissibility of evidence or otherwise relating to the conduct of the hearing. Such rulings shall be final.
f. The City's representative and the affected employee may make closing statements.
8. Hearing Officer's Action.
a. Upon the conclusion of any investigation or hearing, the hearing officer shall cause findings and recommendations to be prepared in writing and shall certify the same.
b. The hearing officer shall, at a minimum, find whether the City has shown by a preponderance of the evidence that the charges in support of the disciplinary action have been substantiated. Such a finding shall be made as to each charge. If the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shall be that no disciplinary action be taken. If the hearing officer finds that any or all of the charges are supported, the hearing officer shall either:
(1) Recommend that the proposed disciplinary action be carried out;
(2) Recommend such other disciplinary action deemed appropriate under the circumstances;
(3) Recommend that no disciplinary action be taken.
c. The hearing officer’s findings and recommendations shall be filed as a permanent record with the Director who shall acknowledge their receipt. The Director shall certify and deliver a copy of such findings and recommendations to the appointing authority, the City Manager and to the employee affected by such findings and recommendations, or from whose action the appeal was taken.
9. The City Manager shall review the findings and recommendations, the record of the hearing and any other information submitted in writing by the employee, and shall then determine in light of such record and other information supplied by the employee whether the disciplinary action in the notice of decision (subsection I above) is proper. If it is determined that the action is proper, the employee shall be so notified in writing and no further action shall be necessary. If it is determined that the action is not proper, the action shall be rescinded and steps necessary to adjust the employee's records and pay to reflect such rescission shall be taken. Nothing herein shall be construed to preclude the City Manager from imposing a less severe disciplinary action than that imposed under subsection B above, following review of the records. For this purpose, the order of severity, from most severe to least, shall be as listed (in subdivisions 1 through 4) in said subsection B.
10. At the request of the employee, a copy of the written determination and findings of the hearing officer and the final determination of the City Manager shall be furnished to the City Council.
K. Imposition of Discipline Prior to or During Appeal. The disciplinary action set forth in the notice of decision may be imposed or carried out regardless of whether or not an appeal has been filed or is being processed by the employee being disciplined.
L. Variation in Time Periods.
1. Any time period set forth in this section may be waived or otherwise varied from upon mutual agreement between the Director and the affected employee.
2. If the time period for the conduct of an appeal hearing cannot be met due to the unavailability of a hearing officer, the illness of the appointing authority, the temporary unavailability of a City witness, an employee or an employee's witness, or for any other reason beyond the control of the City, or the employee, the time period shall be extended to the earliest possible date for such hearing.
3. Upon request, the affected employee shall have the right to one postponement of the hearing date to the earliest possible date.
(Res. No. 143 95-96, Res. No. 51 02-03, Res. No. 113-07, Res. No. 66-10, Res. No. 42-19)
A. Any person dissatisfied with a decision of the Director under this Article may request a review of the decision by the City Manager. Within ten (10) calendar days of receipt of such a request, the City Manager shall either confirm or reverse the decision of the Director. The City Manager’s action shall be final.
B. Exclusion. Disciplinary actions taken or initiated by the Director are specifically excluded from consideration under this review procedure.
(Res. No. 143 95-96, Res. No. 113-07)
Loading...