2.40.100 Right of Appeal.

   Any employee in the competitive service of the city shall have the right to appeal to a hearing officer, pursuant to city policy, a demotion, reduction in pay, suspension of 80 hours or more or termination for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted thereunder. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules.

(Ord. 3189 § 12, 2015; Ord. 2883 § 3, 2007; Ord. 2573 § 1, 2002.)

2.40.105 Executive Group Employees - Employment Agreements.

   (A)   Agreements entered into by the City Manager or City Attorney with employees who are included within the executive group employee resolution, as provided for in § 2.04.060(B), shall be in a form approved by the City Attorney.

      (1)   Such agreements shall establish terms and conditions of employment consistent with the compensation, benefits and other rights, obligations and limitations provided for within the executive group employee resolution or other applicable City Council resolutions or approved documents.

      (2)   In addition, the City Manager and City Attorney may include a termination without cause severance payment in such agreements, and shall have the discretion to provide a maximum payment of up to six months.

   (B)   When entering into a new employment agreement with a person who is not a current city employee, the City Manager and City Attorney also has authority to negotiate the following increase in benefits above the provisions of the executive group employee resolution:

      (1)   Allow leave accrual at a rate one tier above that which the employee's years of city service would otherwise allow; and

      (2)   Allow a "bank" of leave time not exceeding 160 hours that the person receives upon beginning employment with the city.

(Ord. 3189 § 13, 2015; Ord. 3102 § 3, 2011)

2.40.110 Political Activity.

   The political activities of city employees shall conform to pertinent provisions of state law, including, but not limited to Cal. Gov’t Code Division 4, Title 1, Chapter 9.5.

(Ord. 2573 § 1, 2002.)

2.40.120 Discrimination.

   No person shall be employed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations, or because of age, disability, race, color, sex, national origin, marital status, sexual orientation or religious belief.

(Ord. 3189 § 14, 2015; Ord. 2573 § 1, 2002.)

2.40.130 Applicant - Access and Utilization of Criminal Records.

   Subject to the provisions of the California Penal Code, the following officers and their designees are authorized both to obtain access to and to utilize information in criminal history records when such information is required by them to carry out their personnel duties in connection with municipal employment: City Manager, City Attorney, Assistant City Manager and Human Resources Director.

(Ord. 3189 § 15, 2015; Ord. 2573 § 1, 2002.)

2.40.140 Applicant or employee - Disqualification for conviction of felony.

   Conviction of a felony (including pleas of guilty and nolo contenders) may result in prima facie disqualification of an applicant or employee for municipal employment.

(Ord. 2573 § 1, 2002.)