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§ 33.06 PROBATIONARY PERIOD.
   (A)   All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six months. With respect to newly employed police personnel, the minimum probationary period shall be not less than one year.
   (B)   An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from the city service as provided in this chapter and the rules.
   (C)   An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.
('81 Code, § 2.44.060)
§ 33.07 STATUS OF EMPLOYEES IN COMPETITIVE SERVICE.
   (A)   Any person holding a position included in the competitive service who, on the effective date of this chapter, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.
   (B)   Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.
('81 Code, § 2.44.070)
§ 33.08 APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS.
   The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions.
('81 Code, § 2.44.080)
§ 33.09 POWER TO APPOINT AND DISMISS EMPLOYEES.
   The Council, the City Manager and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements and layoffs, and to suspend or dismiss employees shall retain such power, subject to the provision of this chapter and the personnel rules.
('81 Code, § 2.44.090)
§ 33.10 DISCIPLINARY SUSPENSION.
   (A)   Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall not exceed a total of 30 calendar days in any fiscal year.
   (B)   A department head not having power of appointment may make disciplinary suspensions in accordance with the rules.
('81 Code, § 2.44.100)
§ 33.11 RIGHT TO WRITTEN STATEMENT OF REASONS FOR DEMOTION OR DISMISSAL AND TO REQUEST HEARING.
   (A)   Any permanent employee in the competitive service who has been demoted, dismissed or reduced in pay may request a written statement of the reasons for such action within three working days following the action. Within 10 days after the action taken to demote, dismiss or reduce the pay of the employee, he may file a written request with the Personnel Officer requesting a hearing in executive session with the City Council. The City Council shall then investigate the case and conduct the hearing as provided in this chapter and by the city's personnel system rules and regulations.
   (B)   The provisions of this section shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages.
('81 Code, § 2.44.110)
§ 33.12 ABOLITION OF PERSONNEL POSITIONS BY COUNCIL.
   (A)   When the City Council finds it necessary in the interest of economy or because the necessity for the position or employment no longer exists, the Council may, after consultation with the affected bargaining units, abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment.
   (B)   The City Manager or designee is authorized to promulgate administrative policies and procedures to implement this section.
('81 Code, § 2.44.120) (Am. Ord. 1221, passed 4-19-10)
§ 33.13 POLITICAL ACTIVITIES.
   (A)   Soliciting political funds. An officer or an employee of the city shall not, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other officers or employees of the city or from persons on the employment lists of the city, except as otherwise provided in Cal. Gov't Code § 3205.
('81 Code, § 2.44.130)
   (B)   Activities not prohibited; violation grounds for dismissal.
      (1)   This chapter does not prevent any officer or employee from:
         (a)   Becoming or continuing to be a member of a political club or organization;
         (b)   Attendance at a political meeting;
         (c)   Enjoying entire freedom from all interference in casting his vote;
         (d)   Seeking or accepting election or appointment to public office while on leave of absence;
         (e)   Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service or other working conditions;
         (f)   Distributing badges, pamphlets, dodgers or handbills or other participation in any campaign in connection with such petition, if the activity is not carried on during hours of work, or when he is dressed in the uniform required in any department of the city government.
      (2)   The violation of any provision of division (A) of this section is ground for discharge of any officer or employee.
('81 Code, § 2.44.140)
   (C)   Improper activities; exemptions.
      (1)   Every person or employee of the city shall prohibit the entry into any place under his control, occupied and used for the governmental purposes of the city, of any person, for the purpose of making or giving notice of any political assessment, subscription or contribution.
      (2)   No person shall enter or remain in any place described in subdivision (1) of this division for the purpose of making, demanding or giving notice of any political assessment, subscription or contribution.
      (3)   This division shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the city.
      (4)   No officer or employee of the city shall participate in political activities of any kind while in uniform.
      (5)   No one who holds, or who is seeking election or appointment to, any office or employment in the city shall, directly or indirectly, use, promise, threaten or attempt to use any office, authority or influence, whether actually possessed or merely anticipated, to confer upon or secure for any person, or to aid or obstruct any person in securing, or to prevent any person from securing any position, nomination, confirmation, promotion or change in composition or position within the city, upon consideration or condition that the vote or political influence or action of the person or another shall be given or used in behalf of, or withheld from, any candidate, officer or party, or upon any other corrupt condition or consideration.
      (6)   Notwithstanding any other provisions of this code, this division does not prevent an officer or employee of this city from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service or other working conditions of officers or employees of this city, so long as such activity is confined to off-duty or nonworking hours and is conducted somewhere other than in the governmental offices of this city.
('81 Code, § 2.44.150)
§ 33.14 RIGHT TO CONTRACT FOR SPECIAL SERVICES.
   (A)   The City Manager shall consider and make recommendations to the Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system.
   (B)   The Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:
      (1)   The preparation of personnel rules and subsequent revisions and amendments thereof;
      (2)   The preparation of a position classifica-tion plan, and subsequent revisions and amendments thereof;
      (3)   The preparation of a plan of compensa-tion, and subsequent revisions and amendments thereof;
      (4)   The preparation, conduct and grading of competitive tests;
      (5)   Special and technical services of advisory or informational character on matters relating to personnel administration.
('81 Code, § 2.44.160)
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