Chapter 2.36 PERSONNEL POLICIES AND PRACTICES

B. The objectives of this chapter and its regulations are to facilitate efficient and economical service to the public and provide for a fair and equitable system of personnel management in the municipal government. This chapter sets forth those procedures and policies which ensure similar treatment for those who compete for original and promotional employment and define certain obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the service of the city. (Ord. 95-5 § 2 (Chapter 1(A))

2.36.020 Intent of the personnel system.

A. Employment Standards. The city council and all the citizens of the city have the right to expect that the city will employ the best qualified persons available, that the tenure of every city employee will be based on a demonstrated need for the work performed, availability of funds, competent effective performance, proper personal conduct, and continuing fitness for the position, and that each employee will be encouraged, trained and developed to assure optimum performance.

B. City Responsibility to Employees. Each employee of the city has the right to expect: To be fully informed of their duties and responsibilities; to be provided with adequate administrative and supervisory direction; to be informed of job expectations and desired work behaviors; that promotions will be made on the basis of merit and ability; and progressively improved work performance over an extended period will be recognized and rewarded; that incompetence will not be tolerated; that suspensions, demotions, discharge, and other disciplinary actions will be administered in a fair and impartial manner. (Ord. 955 § 2 (Chapter 1(B))

2.36.030 Discrimination.

No person applying for employment with the city or employed by the city shall be unlawfully discriminated against by reason of his or her political affiliations, race, ancestry, religion, national origin, sex, age, color, disability or marital status. (Ord. 95-5 § 2 (Chapter 1(C))

2.36.040 Violation of chapters.

Violation of the provisions of these chapters shall constitute grounds for discharge, rejection or suspension. A violation shall not make discharge, rejection or suspension mandatory but shall be given such weight as shall be appropriate in view of all the circumstances. (Ord. 955 § 2 (Chapter 1(D))

2.36.050 Administrative chapter and regulations.

This chapter does not preclude the city manager or individual city department heads from developing and administering supplemental department chapters and regulations, as long as they do not conflict with this chapter, other council resolutions and ordinances, or existing laws. (Ord. 95-5 § 2 (Chapter 1(E))

2.36.060 Application of chapters.

The provisions of this chapter shall apply to all offices, positions and employments in the service of the city except:

A. Elective officers;

B. City manager;

C. All department heads;

D. All council appointed city officers;

E. Members of appointive boards, commissions, committees and agencies other than city employees;

F. Volunteer personnel who are not regular, salaried employees;

G. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property; and

H. Part-time or temporary employees who are appointed to nonregular positions for a limited period of time. (Ord. 95-5 § 2 (Chapter 1(F))

2.36.070 Definitions.

The following terms, whenever used in this chapter, shall be defined as follows:

1. “Abandonment of position” means the failure to report to work for five consecutive regular work shifts without notification by the employee and approval of the city; fire shift personnel shall not fail to report to work for two consecutive shifts without notification by the employee and approval of the city.

2. “Acting appointment” means the appointment for a limited period of a probationary or regular employee to a position in a higher class for which there is no employment list and/or is temporarily vacant.

3. “Affirmative action officer” means the human resource services manager or the human resource services manager’s designee who shall be responsible for coordinating the functions of the affirmative action committee.

4. “Anniversary date” means one calendar year from the date of the employee’s probationary appointment with the city and each succeeding year thereafter. An employee’s anniversary date shall be determined by applying the continuity of service requirements of this chapter.

5. “Appeal” means a written request by an employee for consideration in matters relating to grievance and/or discipline as set forth in this chapter.

6. “Applicant” means an individual who has made formal application for a position in the city service.

7. “Appointing authority” means any person or group of persons authorized by ordinance or resolution to make appointments to any office or position in the city service.

8. “Appointment” means the offer to, and acceptance by, an individual for a position in the city service.

9. “Break in continuous service” means separation of the employees from city employment initiated by either the city or the employee for a period of more than thirty consecutive working days.

10. “Bulletin board” means the official posting place for public notices as prescribed by law.

11. “Certification” means the furnishing of names by human resource services of eligible, available candidates for employment, from an employment list in the manner prescribed in this chapter.

12. “City” means the city of Dinuba.

13. “City council” means the city council of the city of Dinuba.

14. “City manager” means the city manager of the city of Dinuba.

15. “Class” or “classification” means all positions sufficiently similar in duties, authority and responsibility, to permit grouping under a common title and the equitable application of common standards of selection, transfer, promotion and salary.

16. “Classified service” means all regular positions of employment in the service of the city except those designated as administrative, fire, police and/or professional.

17. “Close relative” means members of the immediate family plus niece, nephew, uncle or aunt.

18. “Compensation” means wages, salary, fees, or any other valuable consideration paid to an employee for performing the duties and exercising the responsibilities of a position.

19. “Compensatory time” means time off from work in lieu of monetary payment for overtime work.

20. “Continuous service” means the employment without a break or interruption of service of an employee in a probationary or regular status.

21. “Demotion” means the movement of an employee from one class to another class having a lower maximum base rate of pay.

22. “Department head” means an individual designated as the administrative head of a department.

23. “Disciplinary action” means actions including oral and written reprimands, suspensions and demotions designed to correct the conduct or performance of employees who fail to meet established standards and, in the case of the habitual problem employee or the one who has engaged in grossly unacceptable behavior, to dismiss the employee from the work force.

24. “Dismissal” means involuntary and complete separation from city employment for either disciplinary reasons or as a result of rejection during a probationary period.

25. “Due process” means process required by law to administer disciplinary actions by management.

26. “Eligible” means a person whose name is on an employment list.

27. Employee.

a. “Regular full-time” means a full-time employee who has successfully completed the initial probationary period and has been retained as hereafter provided in this chapter.

b. “Regular part-time” means an employee appointed to a budgeted part-time position (less than thirty hours/week) who is eligible to receive benefits as budgeted for part-time employees in the current fiscal year.

c. “Part-time” means an employee who is appointed to a nonregular position of limited duration who is not eligible for benefits except PERS. The PERS benefit may begin when the employee has exceeded one thousand hours in a fiscal year; fire shift personnel one thousand four hundred hours in a fiscal year.

d. “Provisional” means an employee who possesses the minimum qualifications established for a particular class and who has been appointed to a regular position in that class in the absence of available eligibles.

e. “Temporary” means an employee appointed to a nonregular position in the city service for a limited period of time; appointment is made in the absence of any appropriate employment list.

28. “Employment date” means date on which an employee was hired to fill a regular position with the city.

29. Employment list.

a. “Open employment list” means a list of names of persons who have taken an open examination for a position in the city service and have qualified.

b. “Promotional employment list” means a list of names of persons who have taken a promotional examination for a position in the city service and have qualified.

c. “Reemployment list” means a list of names of qualified regular and probationary employees who have been laid off.

30. “Evidentiary hearing” means an administrative hearing for the purpose of discovery of evidence for proposed disciplinary actions and provides affected employees opportunity to rebut such reasons. See Section 2.36.090 for those employees eligible for such a hearing.

31. Examination.

a. “Open competition examination” means an examination for a particular class which is open to all persons meeting the qualifications for the class.

b. “Promotional examination” means an examination for a particular class which is open only to employees meeting the qualifications for the class.

32. “Fire employee” means personnel in the fire department who are not designated as management; includes public safety and regular employees.

33. “Full-time position” means a position in the city service normally scheduled for at least forty hours of work per week.

34. “Grievance” means a claimed violation, misinterpretation or noncompliance with a memorandum of understanding, city ordinance, resolution, chapter, procedure or regulation affecting working conditions.

35. “Human resource services manager” means the person who is responsible for the personnel function of the city.

36. “Immediate family” means spouse, children, parents, brothers, sisters, grandparents, grandchildren of the employee, and the corresponding relationships by affinity; guardians of employees, and any relative living in the immediate household of the employee.

37. “Job description” means description of duties, responsibilities and qualification requirements of the positions included in the class.

38. “Layoff’ means the separation of employees from the active work force due to lack of work or funds, or due to the abolition of positions by the city council for the above reasons or due to organization changes.

39. “Leave without pay” means authorized absence from duty without pay for a specified period granted pursuant to this chapter.

40. “Management employee” means city manager and department managers.

41. “Memorandum of understanding” means an understanding reached as a result of meeting and conferring on hours, wages and working conditions in accordance with state law and city ordinances, chapters and regulations.

42. “Minimum qualifications” means the lowest qualifications deemed necessary for a candidate to possess for selection to fill a vacancy and to maintain employment with the city.

43. “Oral interview” or “qualification appraisal board” means part of an examination conducted by a competent board to evaluate the candidate’s education, experience and general qualifications pertinent to the position for which examined.

44. “Out-of-class pay” means the higher salary an employee shall receive for working in a classification having a higher salary range than the one to which that employee was appointed during a specified period of time of over thirty consecutive calendar days, or as specified in the MOU’s.

45. “Overtime” means work performed in excess of a regular work period.

46. “Performance evaluation” means reports of job performance prepared at designated intervals and filed in employee’s official personnel file; minimum of one evaluation annually.

47. “Personnel records” means the official records of the city for each employee maintained by and in the human resources services department, except records that may be required to be maintained in other locations.

48. “Police employee” means all personnel in the police department not designated as administrative and/or professional personnel; includes sworn and nonsworn personnel.

49. “Position” means a specific office or employment provided by the budget, whether occupied or vacant, limited term or regular, calling for the performance of certain duties.

50. “Probationary period” means a period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position.

51. “Professional employee” means management, supervisory and technical employees engaged in work requiring specialized knowledge and skills and as so designated by the city.

52. “Promotion” means the movement of an employee from one class to another class having higher maximum base rate of pay.

53. “Promotional probationary period” means the first year of an employee’s service in promotional position.

54. “Reclassification” means modification of job title and corresponding salary range adjustment supported by an appropriate classification analysis prepared under the direction of human resource services which identifies a change in level of difficulty or responsibilities between the existing job description and actual job duties.

55. “Regular appointment” means an appointment to a regular position after satisfactory completion of a probationary period as required by this chapter.

56. “Regular position” means a position, the duties of which do not terminate at any stated time.

57. “Reinstatement” means reemployment of a former regular employee within one year of separation from the city.

58. “Rejection” means the dismissal or demotion of an employee during a probationary period.

59. “Reprimand” means an oral or written notification to an employee regarding a censure made as a disciplinary action.

60. “Resignation” means voluntary separation of city employment by an employee including the abandonment of a position.

61. “Salary” means the wages paid for services performed.

62. “Salary increase” means an increase in salary for a classification as a result of the meet-and-confer process and/or city council action.

63. “Salary plan” means a schedule of salaries and salary ranges for all classifications as adopted by the city council.

64. “Salary range” means a listing of the lowest salary to the highest salary, with appropriate steps assigned to all classifications.

65. “Seniority” means precedence of one employee over another based on length of service within the classification, department and city.

66. “Separation” means the voluntary or involuntary end of city employment.

67. “Standard work week” means any consecutive seven-day period, as determined by the city, beginning at 12:01 a.m. on the first day, and ending at twelve midnight on the seventh day, and consisting of forty hours. The fire department has a standard work week of fifty-six hours.

68. “Step increase” means a salary increase of one or more steps within the limits of the salary range established for a class.

69. “Suspension” means the temporary separation from service of an employee without pay for disciplinary purposes.

70. “Temporary position” means a part-time or full-time position not authorized by the city council as a regular position.

71. “Transfer” means a change of an employee from one position to another position in the same or comparable class.

72. “Vacancy” means an authorized position that is not occupied by an employee.

73. “Work shift” means the days of the week and the hours on each of those days that an employee is assigned to work on a regular basis.

74. “Y rate” means a designated rate higher than the established maximum for the position. Employee is held at the designated level until pay structure adjustment brings employee within the maximum rate for the job. (Ord. 95-5 § 2 (Chapter 1(G))

2.36.080 Recruitment—Announcement.

A. All recruitments shall be publicized by such methods as the human resource services manager deems appropriate. Special recruiting shall be conducted, if necessary, to insure that all segments of the community are aware of the forthcoming examinations. All persons who completed interest cards for a position, within the immediate prior six-month period shall be notified of a recruitment in accordance with Section 2.36.100. All recruitments shall be publicized by posting announcements in each city department, bulletin boards, and by such other methods as the human resource services manager deems appropriate. The announcements shall specify the following:

1. The title and salary range for the position;

2. The period during which applications for the recruitment will be accepted;

3. A brief statement concerning the duties of the position, and the selection process;

4. The examination process;

5. The knowledge, skills, and other job-related requirements for the position; and

6. Special conditions of employment.

B. Notice of recruitment shall be given at least ten working days prior to the final filing date. Posting of the announcement copy on each city department bulletin board shall meet this requirement. Recruitments may be postponed or canceled by placing notice on each department bulletin board and notifying applicants. (Ord. 95-5 § 2 (Chapter 2(A))

2.36.090 Recruitment—Process.

The human resource services manager shall schedule open or promotional recruitments based on vacancies or anticipated vacancies to meet the need in the city service. The human resource services manager shall prepare, announce and conduct examinations in accordance with guidelines provided herein and the affirmative action plan.

A. Open Recruitments. Open recruitments may be scheduled when it is not practical to fill vacancies by promotion or when specifically requested by the appointing authority, with the concurrence of the human resource services manager and approval of the city manager. Open recruitments shall be open to all applicants who meet the minimum requirements for the position in accordance with this chapter.

B. Promotional Recruitments. Promotional recruitments are open to all city employees who have the regular, probationary, or part-time status, and meet the minimum requirements for the position in accordance with this chapter. Each candidate must complete and submit an official application form in accordance with Section 2.36.100. City employees shall be granted sufficient time, with pay, from duties to participate in city selection process. (Ord. 95-5 § 2 (Chapter 2(B))

2.36.100 Recruitment—Application filing.

A. Each person participating in a scheduled selection process for city service shall have completed and filed an official application form for that recruitment. The official application form must be received by the human resource services department no later than five p.m. on the last filing day published in the announcement. Each applicant must sign the application form certifying that all statements are correct.

B. Persons applying for positions in the city service must comply with the following conditions:

1. Meet the general conditions pertaining to filing applications for positions according to this chapter;

2. Meet the specific requirements as shown on the announcement for a particular position;

3. Meet the right-to-work in the United States or citizenship requirement when applying for city positions; and

4. Be willing and able to accept the employment in the present vacant position or a future similar vacant position, if employment were offered.

C. Names of persons applying for city positions or the evaluation of their participation in any selection process shall not be made public.

D. Applications will be accepted when recruitment has begun for a position; interest cards will be accepted for other positions. Application forms will have been officially received when they bear the department’s date stamp. (Ord. 95-5 § 2 (Chapter 2(C))

2.36.110 Recruitment—Interest card filing.

A. Applications are accepted only if a recruitment is being conducted; all other interests of employment will be filed on an official interest card provided by the city. When a vacancy occurs, notice shall be mailed to the addressee when recruitment starts for the position indicated on the card. A completed card shall remain on file for a six-month period or until notice has been mailed, whichever occurs first.

B. Completed interest cards for seasonal employees shall remain on file for a period of one year or until notice has been mailed, whichever occurs first. (Ord. 95-5 § 2 (Chapter 2(D))

2.36.120 Recruitment—Applicant disqualifications.

A. The human resource services manager may eliminate from the selection process, remove from the eligible list, or refuse to certify for the personnel transaction, the names of any person:

1. Who does not meet the minimum qualifications established for the class or position to which they seek appointment;

2. Who has made a false statement or misrepresentation of material fact or actual or attempted deception, fraud or misconduct in connection with his/her application;

3. Who has improperly used or attempted to use any personal or political influence to further his/her eligibility for appointment;

4. Who has failed to submit an application correctly within the prescribed time limit;

5. Who has directly or indirectly obtained information regarding examinations to which applicants are not entitled; and/or

6. Who has otherwise violated provisions of this chapter.

B. Applicants with the least desirable background or qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration.

C. Applicants disqualified from further participation in the selection process shall be promptly notified to permit submission of additional information providing the time limit for receiving applications has not expired. Notice shall be mailed to the last known address; it shall be the applicant’s responsibility to keep his/her current address on file. (Ord. 95-5 § 2 (Chapter 2(E))

2.36.130 Recruitment—Application disposition.

Completed application forms shall become the property of the city. They shall not be returned to the individual applicant. Applications filed through the selection process may be destroyed after a period of two years. (Ord. 95-5 § 2 (Chapter 2(F))

2.36.140 Examination—Types.

The selection techniques used in the examination process shall be impartial and related to those subjects which, in the opinion of the human resource services manager, fairly measure the relative capacities of the person examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as: personal interview, written examination, performance tests, work samples, physical agility tests, evaluation of training and experience, psychological tests, background investigation, or any combination of these or other tests.

A. Open Examinations. Examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in Sections 2.36.220 through 2.36.250.

B. Promotional Examinations. Promotional examinations may be conducted whenever, in the opinion of the human resource services manager and department head, it appears that it may meet the needs of the selection process. Promotional examinations may include any of the selection techniques mentioned in this chapter, or any combination of them. City employees who have regular, probationary or part-time status and meet the requirements set forth in the promotional examination announcement may compete in promotional examinations. (Ord. 95-5 § 2 (Chapter 3(A))

2.36.150 Examination—Conduct.

The city may contract with any competent agency or individual for the preparing and/or administering of examinations. Selection material shall be prepared under the direction of the human resource services manager. The human resource services manager may use examinations prepared by the contracted agencies or individuals when deemed appropriate. Qualified employees may assist in the development and administration of the selection process if requested by the human resource services manager. (Ord. 95-5 § 2 (Chapter 3(B))

2.36.160 Examination—Scoring.

A. A candidate’s score in a given examination shall be the total of their scores on each competitive part of the examination, weighted as determined for the selection process. Failure in one part of the examination shall be grounds for declaring such applicant as failing the entire examination or as disqualified for subsequent parts of an examination.

B. City employees who have regular, probationary, part-time or temporary status (including reserves and volunteers) and are competing in an open recruitment for another position and provisional employees competing for position appointed to as provisional, and are required to take examinations shall be given extra credit equal to five percent of the individual’s passing score.

C. The human resource services manager may, at his/her discretion, include as part of the examination, tests which are qualifying only. (Ord. 95-5 § 2 (Chapter 3(C))

2.36.170 Examination—Notice of results.

Applicants shall be notified by mail concerning the results of their participation in the selection process. Said notification shall indicate whether or not the applicant has been placed on the employment list. (Ord. 95-5 § 2 (Chapter 3(D))

2.36.180 Examination—Inspection of tests.

All candidates shall have the right to inspect their own test answer sheet within five working days after the notifications of examination results. Any error in computation, if called to the attention of the personnel director within this period, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made. (Ord. 95-5 § 2 (Chapter 3(E))

2.36.190 Examination—Record.

The record of each selection process shall be maintained in the human resource services for the period of two years and shall include, the applicant’s name and scores, method of testing, scores of the examination, and the names of the proctors. (Ord. 95-5 § 2 (Chapter 3(F))

2.36.200 Examination—Selection procedures.

The selection procedures shall be conducted under the supervision of the human resource services manager through personnel staff and/or other appropriate staff. (Ord. 95-5 § 2 (Chapter 3(G))

2.36.210 Examination—Exemption.

A. A vacant position may be exempted from examination by the human resource services manager if it is to be filled by the assignment of an individual who is not presently a city employee but is performing duties of the position as part of a designated federal, state, local, or other rehabilitation training program. The training program must have job placement as a goal and the individual will be required to meet the minimum requirements for the position and have performed satisfactorily during the training period before probationary appointment may be authorized.

B. Upon concurrence of the department(s) concerned and the human resource services manager, with approval of the city manager, an employee may be placed in a vacancy in another class when disabling condition prevents continuing performance of the duties in the present class. The disabled employee does not have to be on an employment list for the class to which the appointment is being made. (Ord. 95-5 § 2 (Chapter 3(H))

2.36.220 Employment lists—Establishment.

A. The human resource services manager shall establish lists as a result of open or promotional examinations, layoff, transfer, or requests for reinstatement. Employment lists shall be confidential; names and final scores shall not be made public information.

B. Part-time employees who enter city service through the competitive process may enter competition for regular status by requesting that his/her name be placed on the promotional list for that class, a comparable class, or a lower class with related duties and requiring similar qualifications as determined by the human resource services manager. Part-time employees who are currently working for the city may be hired through a promotional recruitment in preference of conducting an open recruitment for a regular position. (Ord. 95-5 § 2 (Chapter 4(A))

2.36.230 Employment lists—Types.

A. Open List. The names of qualified persons shall be placed on the list in rank order of their final score in accordance with Sections 2.36.080 through 2.36.130.

B. Promotional List. The names of qualified employees who have regular, probationary or part-time status shall be placed in the rank order of their final score in accordance with Sections 2.36.080 through 2.36.130.

C. Reemployment List. See Section 2.36.830.

D. Reinstatement List. Persons who had regular or probationary status, and who resigned or requested a voluntary demotion to a lower class, may request that their names be placed on the reinstatement list for the class from which they resigned or requested the voluntary demotion. They may request their names be placed on the list for that class, a comparable class, or a lower class with related duties and requiring similar qualifications as determined by the human resource services manager. Department heads may choose to reinstate a former employee in preference to a regular certification of eligibles. See Section 2.36.840.

E. Transfer List. Persons desiring to transfer may do so in accordance with the provisions in Section 2.36.640. (Ord. 95-5 § 2 (Chapter 4(B))

2.36.240 Employment lists—Duration.

A. An employment list shall be in effect from the date it is certified by the human resource services manager. It shall remain in effect up to one year and will expire automatically at the end of the year unless the human resource services manager, after review with the appropriate appointing authority, extends the list.

B. An employment list maybe extended for a period not greater than an additional year by the human resource services manager when it appears to be in the best interest of the city. The human resource services manager may abolish an employment list when fewer than three names remain on the list or when a certification of three active eligibles is not available. Active eligibles on an abolished list shall be given the opportunity to reapply for the classification or having their names integrated in the newly established list if the selection procedure has not changed, for a period not to exceed the life of the newly established list. Such integration may be granted only once for any employment list. (Ord. 95-5 § 2 (Chapter 4(C))

2.36.250 Employment lists—Removal of eligible.

The name of an eligible may be removed from an employment list by the human resource services manager:

A. For any cause in this chapter deemed sufficient for disqualification of application or dismissal from the city service;

B. On evidence that the eligible cannot be located by the postal authorities;

C. On receipt of a statement from the eligible indicating a lack of interest in the class or the city service; and/or

D. If more than one offer of a regular appointment to the class for which the employment list was established has been declined by the eligible, or if three certifications for regular appointment have failed to result in selection and appointment.

E. If eligibles on a promotional list are separated from city services, their names shall be removed from the promotional list. (Ord. 95-5 § 2 (Chapter 4(D))

2.36.260 Certification request.

Whenever a vacancy exists or a vacancy is anticipated in the city service, the appointing authority shall make a written request to the human resource services manager at the earliest possible date for approval to fill the position. When there is no employment list from which a position may be filled, the appointing authority may, with the concurrence of the human resource services manager and approval of the city manager, fill such position by temporary appointment. (Ord. 95-5 § 2 (Chapter 5(A))

2.36.270 Certification order.

A. When more than one employment list is in existence for a class, certification shall be made in the following order:

1. Reemployment list;

2. Promotional list; and

3. Open, reinstatement and transfer list.

B. The top three names appearing on the employment list shall be certified for each vacancy. In the case of multiple vacancies the number of eligibles certified shall be two plus the number of vacancies. When the score of the final eligibles or a certification list are tied, all those having that score shall be certified.

C. Immediately after taking the desired action, the department head shall return a copy of the certification list with the appropriate job-related comments in reference to his/her employment decision.

D. The appointing authority may request a transfer and/or reinstatement list in lieu of, or in addition to, the open list. The appointing authority is entitled to review and receive the entire list of names from the reinstatement and transfer lists. (Ord. 95-5 § 2 (Chapter 5(B))

2.36.280 Short certifications.

When there are less than three eligibles on the highest priority list for a class, the next list in order of priority may be used to complete the certification. When there are less than three eligibles on any list for a class, those available may be certified. However, the appointment authority may choose not to accept a short list and request a full list. (Ord. 95-5 § 2 (Chapter 5(C))

2.36.290 Appointments.

After receipt of certification, the appointing authority shall proceed with a job-related interview. The appointing authority or a designated representative may review the application forms and examination papers. Reports on file in human resource services and reference checks may be used prior to the actual offer of employment. When the selection has been made, human resource services shall notify the participating eligibles. Appointments may be made as follows:

A. Acting. When there is no employment list and a position is temporarily vacant, a probationary or regular employee may fill a higher level class position and be compensated for the higher level work. This temporary appointment shall not jeopardize the employee’s status in the former position. Temporary acting appointments shall be made in increments of up to six months.

B. Probationary. All appointments made in the city service from a certified employment list shall be on a probationary status as specified in Sections 2.36.310 through 2.36.390.

C. Regular. A probationary appointment becomes a regular appointment at the end of twelve months with a satisfactory probationary period.

D. Promotional. Vacancies in the city service shall be filled whenever practical by employees who have regular or probationary status in lower classes and/or by employees with part-time status. Candidates for promotion must meet the minimum qualifications for the class.

Appointment shall be made from established employment lists. Promotion to a new class requires successful completion of a probationary period in the new position to finalize the transaction.

E. Provisional Appointment.

1. A provisional appointment may be made in order to fill a vacant position in the city service in the absence of an appropriate employment list or to fill a vacancy pending a determination on the separation of employment of the employee creating the vacancy.

2. A provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications of the position. Such an appointment may be made during the period of suspension of an employee pending final action on proceedings or pending a final decision on the return of an employee and such vacancy may be filled by the appointing authority subject to the provisions of this chapter. A provisional employee may be removed at any time without the right of appeal or hearing. No provisional appointment shall exceed six months without a review of the existing vacancy by human resource services and approval of the city manager.

3. A provisional appointee shall accrue the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the city, the time served as a provisional appointee shall be counted as time toward the fulfillment of the required probationary period.

F. Part-time/Temporary.

1. Part-time/temporary employees shall meet the minimum qualifications for the position appointed to.

2. Regular part-time employees are appointed to budgeted part-time positions (not to exceed thirty hours/week) and may be eligible for benefits as budgeted for part-time employees in the current fiscal year.

3. Part-time employees shall be appointed to nonregular positions of a limited duration and are not eligible for part-time benefits except PERS. The PERS benefit may begin when employees have exceeded one thousand hours in a fiscal year; fire shift employees one thousand four hundred hours in a fiscal year.

4. One thousand hour/fiscal year employees who go over one thousand hours within the fiscal year may continue to work during the month in which they went over the one thousand hours, however, said employees must be separated from city employment for at least six weeks prior to returning to the city as a part-time employee during the next fiscal year.

5. An employment list shall be established as soon as possible for any regular position filled by temporary employment. However, employees hired for a specific project may work as long as necessary to complete that project with approval by the city manager/human resource services manager.

6. Part-time temporary employees shall not be entitled to the right of appeal, to fringe benefits, or to preference for, or right to, a regular position.

7. Persons hired on a part-time temporary appointment shall be notified in writing of the above on forms furnished by the human resource services that so state and that the appointment is of a temporary nature. Original notification shall be signed by the employee and kept in human resource services.

8. Part-time temporary employees who are selected to fill a regular position may not receive credit for time served in the part-time/temporary status. Part-time temporary employees may not occupy a regular position without successful completion of the selection examination process.

G. Underfilling. A position may be underfilled with a lower level qualified eligible from a lower level class or lower level related class when it can be shown that the prospective incumbent can perform the work to the satisfaction of the appointing authority. The incumbent may be promoted to the higher level upon meeting the minimum qualifications and performance standards for the class as defined under Section 2.36.630. (Ord. 95-5 § 2 (Chapter 5(D))

2.36.300 Appointment records.

Completed personnel transaction forms for all appointments to positions in the city service shall be submitted to the human resource services manager by the appointing authority. A copy of the form signed by the human resource services manager/city manager shall be delivered to the financial services department before payment is made to the appointee. (Ord. 95-5 § 2 (Chapter 5(E))

2.36.310 Probationary period—Purpose.

The probationary period is the final step in the selection process; it is an extension of the examination process and the employee’s performance shall be carefully observed and documented through the performance appraisal process. (Ord. 95-5 § 2 (Chapter 6(A))

2.36.320 Probationary period—Duration.

A. Each appointment or promotion made to a position in the city service shall be subject to a probationary period; the length of the probationary period shall be twelve months for all employees.

B. The probationary period shall not include time served in any employment capacity except that of a regular or provisional full-time employee. (Ord. 95-5 § 2 (Chapter 6(B))

2.36.330 Probationary period—Completion.

If the employee’s performance has been satisfactory and advancement to regular status is warranted, the department head shall so state in the employee’s final probationary performance evaluation report. The employee shall then be advanced to regular status on his/her anniversary date. Any salary increase shall begin on the anniversary date of the employee. (Ord. 95-5 § 2 (Chapter 6(C))

2.36.340 Probationary period—Termination before completion.

A. If the employee’s performance has not been satisfactory, the department head with the concurrence of the human resource services manager and approval of the city manager may reprimand, suspend, demote or terminate any employee during the probationary period. The employee shall have no right of appeal during the probationary period, but shall be afforded the opportunity to respond to the proposed disciplinary action.

B. In the event the employee is subject to disciplinary action, other than termination, the department head of the employee shall deliver to the employee a written notice of the proposed action, the reasons supporting the proposed action, and a statement that the employee may respond, either orally, in writing or both to the proposed action.

C. If an employee is terminated prior to the completion of the probationary period, no specific reason for termination shall be given to the employee. The employee may respond to the termination in writing for inclusion in his/her personnel file. Department heads shall consult with the human resource services manager and city attorney to determine the proper procedures and have the city manager’s approval before dismissing a probationary employee. (Ord. 95-5 § 2 (Chapter 6(D))

2.36.350 Probationary period—Promoted employee.

A promoted employee who does not successfully complete a probationary period shall be restored to the same or similar position (if available) in the same class from which promoted unless charges are filed and employee is discharged in the manner provided for in this chapter. If there is not vacancy for such position, the employee may request to be placed on a re-employment list. (Ord. 95-5 § 2 (Chapter 6(E))

2.36.360 Probationary period—Demotion—Transfer.

A. A new probationary period shall not be required following demotion or transfer to a class of positions in the same department in which a probationary period was previously served. If a probationary period has not previously been completed in that class, a new probationary period shall be served.

B. When an employee transfers or demotes from one department to another department, a new probationary period shall be served in the latter department. (Ord. 95-5 § 2 (Chapter 6(F))

2.36.370 Probationary period—Reemployment and reinstatement.

Persons appointed to positions by reemployment or reinstatement must serve a new probationary period, unless the appointment is to the same class in the same department where a probationary period has been previously served. (Ord. 95-5 § 2 (Chapter 6(G))

2.36.380 Probationary period—Interruption.

When the probationary period of an employee is interrupted because of an appointment to another class and the employee later returns to the former class in the same or a different department, a new probationary period shall be served. Credit for all or part of the previous probationary period may be granted the employee by recommendation of the department head, human resource services manager, and approval of the city manager. (Ord. 95-5 § 2 (Chapter 6(H))

2.36.390 Probationary period—Extension.

A probationary period shall not be extended beyond the duration of time called for in this chapter. (Ord. 95-5 § 2 (Chapter 6(1))

2.36.400 Classification plan.

A. Purpose. The classification plan provides a complete inventory of all positions in the city service and an accurate description and specification for each class of employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities, and has the same meaning throughout the service.

B. Administration. The city’s classification plan is continually reviewed, based on the job analysis and utilized for decision making on compensation, selection, employee development, career advancement and other personnel activities. The human resource services manager shall ascertain and record the duties and responsibilities of all positions in city service, and make a recommendation of a classification for such positions. Changes in classifications which result in a salary that would fall outside the limits of the department budget shall be approved by the city council.

C. Classification of Positions. Each position shall be allocated to the appropriate class in accordance with the character, difficulty and responsibility of its assigned duties. Positions in a single class shall be sufficiently similar to permit substantially the same level of skill, knowledge, ability, and other qualifications required of incumbents, same or similar selection method to select incumbents, and the same schedule of compensation.

D. Classification of New Positions. When a new position is authorized by the city council, the human resource services manager shall recommend the proper assignment of such positions to a class in the classification plan or, when appropriate, create a new class. When a new position is created and is classified before it is occupied, such position shall be subject to review by the human resource services manager after it is occupied to determine if the incumbent is performing the duties of the class.

E. Classification Change.

1. The city manager may approve the reallocation of a position to different class or approve the creation of a new class whenever the duties of the position change materially. This may occur upon the recommendation of the department head or upon the request of an employee and with concurrence of the department head and the human resource services manager.

2. When any change is made within a department which significantly affects the duties and responsibilities of any position, the appointing authority shall report these facts in writing to the human resource services manager. The human resource services manager shall make a classification study of the duties and responsibilities and the relationship to other classes of positions.

3. The human resource services manager may study the allocation of any position in the classification plan and make recommendations to the city manager for a change in class or the allocation to a more appropriate class. The department head shall be consulted before a classification study is begun in his/her department. Studies may be initiated in the following manner:

a. Written request, submitted by the department head, stating briefly the need believed to exist;

b. Referral from the city manager;

c. When possible authorization of a new position is indicated;

d. Regular, periodic maintenance of the classification plan or when the human resource services manager identifies a need to study an existing position.

4. Reclassification of a position shall not be used to circumvent the procedures concerning demotion, promotion or compensation.

5. A change in classification on an occupied position shall affect the status of the incumbent in the following manner:

a. When a position is moved to a class with the same or higher salary range, the incumbent may retain the same status in the new class that was held in the prior class. The duties should have evolved over a period of time and be basically the same duties and responsibilities as were performed by the incumbent.

b. When a position is reallocated to a class in a related series with a lower salary range, incumbents may choose to retain the position by accepting voluntary demotion or may request a transfer, if available, for the class from which the position was moved. If neither of the foregoing is chosen, the normal layoff procedures will be followed.

F. Job Descriptions (Specifications). The human resource services manager with the assistance of the department heads shall prepare written specifications for each class of positions. The specifications, when approved by the city manager, shall constitute the official class specifications for the city service. The official copy of the specifications for each class shall be maintained in the human resource services and shall indicate the date of approval or last revision.

Each specification shall include the class title, a brief description of the scope, nature, and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the class; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent.

Specifications are not restrictive; a department head may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.

No persons shall be appointed to any position unless that person meets the minimum qualifications set forth in the currently approved class specification for that position or meets the permissible equivalency provisions of this chapter.

If after reasonable effort qualified persons cannot be recruited, the appointing authority may, with concurrence of the human resource services manager and approval by the city manager, appoint a trainee to the position at a maximum of ten percent below the “A” step on the salary range for said position. Said trainee must qualify for the position within one year from appointment in order to retain the position. (Ord. 95-5 § 2 (Chapter 7))

2.36.410 Compensation—Plan goals and objectives.

The goal of the city performance-based compensation policy is to encourage and support responsive, responsible and cost-effective service through motivation and reward of superior performance by employees. This goal is accomplished by the following objectives.

A. Attract and retain qualified and motivated employees;

B. Maintain fair and competitive salaries;

C. Maintain both compensation and benefit levels that are mid-range in comparison to cities of similar size, service description and geographic location;

D. Maintain internal consistency with other city positions;

E. Define clear expectations of job performance;

F. Encourage and support excellence in individual performance. (Ord. 95-5 § 2 (Chapter 8(A))

2.36.420 Compensation—Plan preparation.

A. The human resource services manager shall prepare a salary plan covering all of the positions in city service that are not management positions under separate contract with the city, such as department heads. The plan shall be approved by the city manager and city council. B. The city council is responsible on a fiscal year basis for determining the total compensation available for salary and benefit compensation for employees based on the following:

1. Provision for and consideration of current negotiations and negotiated settlements with represented employees;

2. The city’s financial condition and policies;

3. Existing classification and compensation plans;

4. Other relevant considerations.

C. The compensation plan shall provide salary schedules, salary ranges and steps. Each class in the city classification plan shall be assigned a salary range or a rate established in the compensation plan. All persons employed by the city shall be compensated in accordance with the compensation plan in effect.

D. The basic pay range for all classifications shall consist of monthly salary rates and shall establish one percent differentials between ranges and each range shall contain five steps with five percent increments between steps. (Ord. 95-5 § 2 (Chapter 8(B))

2.36.430 Compensation—Plan administration.

A. The city manager shall administer the compensation plan for all employees. The city manager shall determine total compensation granted to each employee taking into consideration individual performance and the following guidelines:

1. Internal Relationships. Salary relationships will be determined through job analysis which reflect similarities and differences among jobs as set forth in the city classification and compensation plans.

2. External Relationships. To be competitive in the employment market, the external value of positions will be determined by comparing compensation rates for comparable positions in cities of similar size, service description and geographic location.

3. Compensation for Excellence in Performance. Regular salary adjustments shall reflect competence in individual performance based on specific job objectives accomplished during the fiscal year.

B. At least once a year, the city manager shall recommend to the city council an appropriate salary range for all classes. When the salary ranges are changed by the city council, all employees whose positions are allocated to the class shall be adjusted to the new range. (Ord. 95-5 § 2 (Chapter 8(C))

2.36.440 Compensation—Salary ranges and steps—Transfer.

A. Appointment. Normally, all initial appointments to classes assigned in pay ranges in the city compensation plan shall be at the first step of the salary range, however, appointments may be made to the other steps when it is difficult to obtain qualified personnel at the starting salary or when it appears that the education or experience of proposed employees is substantially superior to that required of the class and justifies a beginning salary in the excess of the first step. The appointing authority shall consult with the human resource services manager regarding starting salary for new employees.

B. Promotion. Any employee who is promoted to a position with a higher salary range shall be advanced at least equal to one full step over the step he/she held in the former range. A new salary anniversary date shall be assigned to the promoted employee effective on the date of the promotion. An employee who is promoted on his/her anniversary date shall first receive any step increase due and then be assigned the promoted salary range which shall be at least equal to one full step.

C. Transfer. A transfer does not affect an employee’s salary level. (Ord. 95-5 § 2 (Chapter 8(D))

2.36.450 Compensation—Salary step advancement for full-time employees.

A regular full-time employee may be considered for salary advancement according to the following five-step general plan:

A. The letters A, B, C, D and E respectively, denote the various progressive steps within the salary range.

B. Salary step A may be paid upon initial employment, for a period of six months.

C. Step B may be paid upon completion of six months of employment where the employee has demonstrated at least satisfactory job progress and normally increasing productivity, and upon recommendation of the department head and approval of the city manager.

D. Step C may be paid upon completion of one year of employment where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon recommendation of the department head and approval by the city manager.

E. Step D may be paid upon completion of one year of employment in salary step C where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon recommendation of the department head and approval of the city manager.

F. Step E may be paid upon completion of one year of employment in salary step D where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon recommendation of the department head and approval of the city manager.

G. Department heads, with the approval of the city manager, may give early step increases to exceptionally qualified employees. Not more than one employee or twenty percent (whichever is greater) of a department’s employees may be so rewarded in any fiscal year. There is no provision under this section for employees to be paid more than the top step of the applicable salary range.

H. Employees starting on either steps C, D or E may not be eligible to receive a step increase until after completion of one year of employment. (Ord. 97-8 § 1, 1997; Ord. 95-5 § 2 (Chapter 8(E))

2.36.460 Compensation—Demotion.

A. An employee may receive a reduction in classification upon recommendation of the department head, concurrence of the human resource services manager and approval of the city manager. Employees may request to be demoted to a vacant position with consent of the department head(s), concurrence of the human resource services manager, and approval of the city manager. No employee shall be demoted to a position who does not possess the minimum qualifications.

B. The human resource services manager and the department head of the new class shall set a salary for the demoted employee within the appropriate salary range with the approval of the city manager. A new salary anniversary date shall be assigned to the demoted employee effective on the date of the demotion. See Section 2.36.600, Demotion. (Ord. 95-5 § 2 (Chapter 8(F))

2.36.470 Compensation—Position reclassification.

A. The salary of an employee in a position that is reclassified shall be determined as follows:

1. Whenever the position is reclassified to a class with the same salary range as the previous class and if the incumbent is appointed to the reclassified position, the salary rate and the salary anniversary date of the employee shall not change. This provision shall also apply to a change of class title.

2. Whenever the position is reclassified to a class with a higher salary range, the salary of each incumbent on the effective date may be increased to the corresponding step in the new range, depending on the employee’s skills, knowledge and abilities. The salary review date shall not change.

3. Whenever the position is reclassified to a class with a lower salary range, the salary of each incumbent on the effective date shall be set at the same salary rate that they were receiving in the former range, and their salary review date shall not change. If the employee’s salary is greater than the maximum step of the lower salary range, the salary shall be “Y rated” until such time as any general cost-of living increase, equity adjustment, or other salary increase result in a monthly salary appropriate for the class. The employee’s salary anniversary date shall not change and the employee shall not be required to serve a new probationary period.

B. See Section 2.36.570 for reclassification of an employee. (Ord. 95-5 § 2 (Chapter 8(G))

2.36.480 Compensation—Working out-of-class.

An employee who performs a significant part of the duties of a position in a higher salary range shall receive “out-of-class” compensation for a specified period of time. Employee must have held that position for a period of thirty calendar days in a six month period to be eligible for out-of-class pay. Compensation for out-of-class pay shall begin on the thirty-first day or as per the current MOU. (Ord. 95-5 § 2 (Chapter 8(H))

2.36.490 Compensation—Regular part-time employees.

A. Entry Level. Each regular part-time position with the city shall be associated by the city manager with a regular full-time position, based upon the job descriptions of the two positions. The starting rate of pay for a regular part-time position, (PT-EL), shall be no more than ninety percent of the hourly rate for step A for the regular full-time position which the city manager has associated with that part-time position. If there is no regular full-time position which can fairly be associated with the regular part-time position, then the city manager shall set the starting rate of pay for the part-time position based upon the city’s usual salary survey procedures then in effect.

B. Salary Steps. After the first two years in which an individual has filled a regular part-time position, the individual may be considered for advancement. The letters A, B, C, D and E, respectively, denote progressive steps within the salary range. To differentiate the part-time range from the full-time range, the part-time positions will be designated by the prefix “PT.” The steps shall, therefore, be PT-EL, (for the entry level step), PTA, PT-B, PT-C, PT-D and PT-E.

C. Moving From One Step to the Next. For an employee’s salary to be moved from one PT step to the next highest PT step the employee must have completed at least two years of continuous employment since the last advancement from one PT step to the next, during which time the employee has demonstrated at least satisfactory job progress and normal increasing productivity, and upon recommendation of the head of the department in which the employee works and with the approval of the city manager.

D. Relationship of Steps. The hourly rate of compensation in the PT steps shall relate to the hourly rate reflected in the salary steps for the associated regular full-time position, (if any), as follows:

Part-Time	Full-Time
PT-ET	90% of A
PT-A	90% of B
PT-B	90% of C
PT-C	90% of D
PT-D	90% of E
PT-E	PT-D + (PT-D - PT-C)

If no regular full-time position has been associated with the part-time position then the hourly rate for the salary steps for the part-time position shall be determined by the city manager based on basic principles of fairness and with due regard to the proportionality of one step to the next in other similar positions.

E. Section 2.36.450, subsection G is equally applicable to regular part-time employees as it is to regular full-time employees. In administering this subsection, the regular full-time employees will be treated as one group for whom the twenty percent or one employee limitation of Section 2.36.450 is applied and the regular part-time employees will be treated as a separate group for which its own twenty percent or one employee rule shall be applied so that it shall not be a violation of these sections for one regular full-time and one regular part-time employee in even the smallest of departments to both receive such exceptional treatment in a single year. (Ord. 97-8 § 2, 1997)

2.36.500 Compensation—Reinstatement.

An employee who resigned in good standing may, within one year of such resignation and upon recommendation of the department head and approval of the city manager, be reinstated in a position in the class in which he/she previously had served. Upon such reinstatement, the employee normally will receive no more than the step in the salary range he/she previously received prior to the separation and the employee’s anniversary date shall be based upon the date of reinstatement. (Ord. 95-5 § 2 (Chapter 8(7))

2.36.510 Compensation—Provisional employee.

An entering provisional employee shall be compensated at a rate determined by the appointing authority with the concurrence of the human resource services manager and approval of the city manager. The rate shall be based on the compensation established for the regular position which the provisional employee is filling. (Ord. 95-5 § 2 (Chapter 8(K))

2.36.520 Compensation—Part-time employees.

A. An entering employee may be compensated at a rate of ten percent below the hourly rate of step A on the salary range for a regular employee in the same position.

B. If the part-time employee is retained in the position beginning in a new fiscal year and has served at least five hundred hours, said employee may be compensated as follows:

1. If the salary range is not increased for the regular position that said part-time employee is serving in, the hourly rate for the employee may be increased by five percent for the next fiscal year; or

2. If the salary range is increased for the regular position that the part-time employee is serving in, said employee may receive an increase equal to ten percent below the new hourly rate of step A on the salary range for the regular position. (Ord. 95-5 § 2 (Chapter 8(L))

2.36.530 Compensation—Part-time seasonal employees.

Compensation for part-time seasonal employees shall be based upon knowledge, skills and abilities of the employees and shall be determined by the appointing authority with the concurrence of the human resource services manager and approval by the city manager. (Ord. 95-5 § 2 (Chapter 8(M))

2.36.540 Compensation—Temporary employees.

An entering temporary employee shall be compensated at an hourly rate based upon the duties and responsibilities of the position and the knowledge, skills and abilities of the employee. The appointing authority shall determine the hourly rate with the concurrence of the human resource services manager and approval by the city manager. (Ord. 95-5 § 2 (Chapter 8(N))

2.36.550 Compensation—Reserve police officers and dispatchers.

Entering reserve police officers and dispatchers shall be compensated based upon the knowledge, skills and abilities of the employee and placed on a corresponding progressive pay scale with steps A through E. Step E of the pay scales shall be ten percent below the hourly rate of step A for the full-time positions. (Ord. 95-5 § 2 (Chapter 8(O))

2.36.560 Compensation—“Paid-call” firefighters and ambulance attendants.

Compensation for “paid-call” firefighter and ambulance attendant positions shall be determined by human resource services with concurrence of the appointing authority and approval by the city manager. (Ord. 95-5 § 2 (Chapter 8(P))

2.36.570 Reclassification.

A. A department head may reassign an employee of an existing position from one class to another class through reorganization of a department caused by lack of funds, lack of work, or where the department reorganization would be for the betterment of the delivery of services. Reorganization by the department head resulting in reclassifications shall have the concurrence of the human resource services manager and approval of the city manager.

B. See Sections 2.36.410 through 2.36.560 regarding classification; see Section 2.36.400 on classification of a position. (Ord. 95-5 § 2 (Chapter 9))

2.36.580 Promotion.

A. All full-time, regular or probationary employees meeting the minimum qualifications of a higher grade position under the same or different job classification may be considered for promotion. Temporary, part-time and provisional employees may apply for regular full-time positions through the recruitment process.

B. Qualification standards used in promotion shall be at least equal to competitive standards and evaluation methods shall be reasonable, applied with fairness and equity to all candidates, and developed with the intent of obtaining the highest degree of validity and reliability possible under the specific circumstances. Minimum qualifications may be ascertained from job analysis, application forms, tests, examinations, interviews and/or performance evaluations.

C. Procedures to apply for promotion shall be governed by Sections 2.36.080 through 2.36.130 and Sections 2.36.410 through 2.36.560 of this chapter.

D. Employees selected for promotion shall be released from their old positions promptly. (Ord. 95-5 § 2 (Chapter 10))

2.36.590 Transfer.

A. At the request of a department head and with concurrence of the human resource services manager and approved by the city manager, an employee may be transferred:

1. Upon the employee’s written request;

2. By the department head from one position to another position in the same class; or

3. To another department upon approval of both department heads.

B. The employee shall be consulted prior to any transfer.

C. An employee may be assigned to a position in the same class or a similar class where the salary range is the same. However, the employee must meet the minimum qualifications established for the position being transferred to.

D. Any employee who is transferred from one position to another position in the same or similar class shall be compensated at the same step and salary range the employee received in the previous position; the salary anniversary date shall not change. (Ord. 95-5 § 2 (Chapter 11))

2.36.600 Demotion.

Demotion is the removal of an employee from his/her present position to a lower paying position or salary step. A department head may demote an employee for the following reasons with concurrence of the human resource services manager and approval of the city manager:

A. If an employee’s job-related performance is not in accordance with the standards of his/her position;

B. At the request of an employee, provided the employee possesses the minimum qualifications for the demoted position;

C. Failure to meet the job-related standards of a promotional probation;

D. For disciplinary actions (see Sections 2.36.610 through 2.36.670);

E. For displacement. (Ord. 95-5 § 2 (Chapter 12))

2.36.610 Disciplinary action—Policy.

A. The city’s policy on disciplinary actions is founded on the premise that the actions are to be corrective, and any disciplinary actions should reinforce and shape employee behavior in the reasonable and necessary direction actualizing the city’s goals. The tenure of every employee in the city service shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with due consideration of the employee’s prior performance record.

B. Disciplinary actions should be progressively more severe, however, the response for certain first-time, serious offenses may not be the action usually prescribed as an initial step in the normal progressive discipline process. A serious offense may call for immediate suspension pending further investigation. (Ord. 95-5 § 2 (Chapter 13(A))

2.36.620 Disciplinary action—Grounds designated.

A. The city manager or any appointing authority shall have the power to reprimand, demote, suspend or discharge employees for cause. Alleged employee actions reported by the city manager or appointing authorities which may result in disciplinary actions shall be investigated to their conclusion by the department head directly responsible for said employee. The results of the investigation along with a recommendation of action shall be submitted to the city manager by the responsible department head. If the investigation results in proposed disciplinary action, the normal chain of command and procedures shall be used in rendering said discipline. Department heads shall discipline only those employees in his/her department. In the absence of a regular department head, the city manager may investigate and render discipline for said department in accordance with the procedures set forth in this chapter.

B. Basis for disciplinary actions include, but shall not be limited to, the reasons listed below and in accordance with procedures listed in this chapter:

1. Fraud in securing appointment;

2. Incompetency;

3. Inefficiency;

4. Inexcusable neglect of duty;

5. Insubordination;

6. Dishonesty;

7. Drunkenness on duty;

8. Intemperance;

9. Addiction to the use of controlled substances;

10. Inexcusable absence without leave;

11. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section;

12. Immorality;

13. Discourteous treatment of the public or other employees;

14. Improper political activity;

15. Willful disobedience;

16. Misuse of public property or equipment;

17. Violation of this chapter;

18. Refusal to take and subscribe any oath or affirmation which is required by law in connection with employment;

19. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the city;

20. Divulging confidential information to anyone to whom issuance of such information has not been authorized;

21. Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, physical handicap, marital status, sex or age, against the public or other employees while acting in the capacity of a city employee. (Ord. 95-5 § 2 (Chapter 13(B))

2.36.630 Disciplinary action—Procedure.

A. The following procedures shall be followed when, in the judgment of the department head, an employee has committed an act or omission that justifies the disciplinary action indicated.

B. Disciplinary actions may range from informal conversations to formal discharge. A typical progressive sequence of disciplinary actions used by the city is:

1. Counseling;

2. Oral reprimand;

3. Written reprimand;

4. Suspension, demotion, termination.

a. Counseling.

i. The immediate supervisor usually counsels the employee. Counseling in a broad sense includes any informal discussion with an employee designed to assist the employee to fully develop his/her skills and abilities. The discussion may include, but shall not be limited to, clarifying standards, setting expectations and areas of concern, seeking information, or problem solving. Counseling is usually the action taken to assist the employee in clarifying the need for improvement.

ii. A written memo, summarizing the interview, shall be prepared by the department head and may be given to the employee to clarify verbal agreements and possible behavior change. No record of the counseling is placed in the employee’s permanent personnel file unless disciplinary action of at least a written reprimand is later issued on the same problem.

b. Oral Reprimand.

i. The oral warning verbally notifies the employee that his/her performance or behavior must be improved. Oral warnings are given by supervisors when counseling has failed to produce the desired changes.

ii. The warning shall define the areas in which improvement is required, set goals leading to this improvement, and shall inform the employee that failure to improve will result in more serious action.

iii. To provide both the supervisor and employee with a permanent record of a specific violation, a written memo may be sent to the employee confirming the conversation; the memo shall state the offense and consequences if corrective action is not taken. No record is placed in the employee’s permanent personnel file unless subsequent action is necessary.

c. Written Reprimand.

i. A written warning is a formal notice to an employee that further disciplinary action will be taken unless the employee’s behavior or performance improves.

ii. The content of the written warning shall what occurred, the date and time of event which is the cause of the reprimand, what was violated by the employee, what the employee is directed to do to correct the situation, and the employee’s rebuttal process.

iii. The written reprimand shall be signed by the department head, countersigned by the employee, and filed with the human resource services manager. If the employee refuses to sign, it shall be noted as such on the memorandum.

iv. When the written warning is issued, the employee shall receive one copy with both signatures affixed; one copy shall be placed in the departmental file; and one copy placed in the employee’s permanent personnel file in human resource services.

v. The employee shall be granted ten working days after the date of the written warning to file a written response to any facts in question; this written answer shall also be placed in the employee’s permanent personnel file.

d. Suspension, Demotion, Termination.

i. Disciplinary action against an employee shall be initiated by the department head with a written notice of the intended disciplinary action delivered to the affected employee personally or to the employee by certified or registered mail, at the last known address, return receipt requested. The notice of proposed disciplinary action shall be delivered to the affected employee ten working days prior to the proposed effective date of the disciplinary action.

ii. A copy of the proposed disciplinary action shall be filed with the human resource services manager. The department head shall consult with the city attorney and the human resource services manager prior to giving notice to the employee of the proposed disciplinary action.

iii. All regular employees shall have the right to the Skelly predisciplinary due process procedures; police-sworn personnel shall be afforded the Peace Officers’ Bill of Rights. Probationary employees shall have no right of appeal but may file a written response to the facts in question. This written response shall be placed in the employee’s permanent personnel file.

iv. The notice of the intended disciplinary action proposed to be taken shall contain:

(1) A statement which clearly defines the intent to take action, the proposed action to be taken, and the effective beginning and ending time of intended action.

(2) A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken.

(3) A statement that the employee will be provided with any known written materials, reports or documents upon which the intended action is based.

(4) A statement that the employee will be afforded to the right to respond, either orally, in writing, or both within ten working days upon receipt of the intended disciplinary action.

(5) If, within the ten working days response period, the employee does not indicate a desire to participate in the predisciplinary Skelly hearing, the proposed action of the city should be considered conclusive and shall take effect as prescribed.

v. The employee’s signature on the notice of intent to render discipline shall knowledge receipt of said notice by the employee. If the employee refuses to sign, it shall be noted as such on the notice of intent to render discipline; the signature documentation on said notice shall acknowledge that the employee received the notice. Failure to respond within ten working days upon receipt of said notice shall forfeit the employee’s further right of due process.

vi. If, as a result of the employee’s response, the department head decides to modify the proposed action, the department head shall prepare a new recommendation of proposed disciplinary action. Such action shall be reviewed and evaluated by the human resource services manager to determine the appropriateness of the proposed disciplinary action. The department head shall obtain the human resource services manager concurrence of the amended notice of discipline before said notice is delivered to the employee.

vii. If the department head decides not to take disciplinary action, he/she shall advise the employee and the human resource services manager. The original intent to impose disciplinary action sent to the human resource services manager shall be returned to the department head.

viii. Unless the department head decides to modify the intended discipline, the discipline shall be issued on the date so stated in the notice of intent. (Ord. 95-5 § 2 (Chapter 13(C))

2.36.640 Disciplinary action—Suspension.

The department head may suspend an employee from his/her position for disciplinary reasons, or for investigation of extraordinary circumstances. Employees suspended from city service without pay shall forfeit all rights, privileges, and benefits earned during the suspension period with the exception of insurance benefits. Employees suspended with pay shall forfeit all rights and privileges, but shall receive the benefits earned during the suspension period. (Ord. 95-5 § 2 (Chapter 13(D))

2.36.650 Disciplinary action—Investigation.

A. In extraordinary circumstances whereby the employee’s continued presence constitutes a clear threat to the safety of other employees or to the public, the department head may require immediate removal of the employee from the employee’s job station rather than waiting to serve the employee with a notice of intended discipline. The department head may, orally or in writing, cause the employee to be suspended with pay pending investigation of whether disciplinary action should be taken against the employee. In case of such an emergency, an employee shall have all of the rights set forth herein, except the right to receive prior written notice of proposed disciplinary action. The human resource services manager shall be contacted immediately; such suspension shall not exceed fifteen working days.

B. In the event of an oral suspension, the department head shall confirm the suspension by giving the employee written notice of the suspension. Said notice shall set out fully the reason for the necessity of taking such emergency action without prior warning to the employee and shall be sent to the employee as outlined above. When an emergency suspension is imposed, the employee shall be assured of due process.

C. When the investigation is completed and if the facts do not justify the imposed discipline, the employee shall be reinstated. The employee shall receive written notice of reinstatement, a copy of which shall be retained in the employee’s permanent personnel file.

D. If the investigation shows that the imposed discipline was justified, the employee shall be so notified in writing with the proper procedure of due process outlined. (Ord. 95-5 § 2 (Chapter 13(E))

2.36.660 Disciplinary action—Demotion.

A. Disciplinary action to demote an employee shall be initiated by the department head; the intended disciplinary action procedures listed above shall be followed.

B. Demotion for reasons other than disciplinary actions are covered under Section 2.36.600. (Ord. 95-5 § 2 (Chapter 13(F))

2.36.670 Disciplinary action—Termination.

A. Disciplinary action to terminate an employee shall be initiated by the department head; the intended disciplinary action procedures listed above shall be followed.

B. Department heads shall consult with the human resource services manager and the city attorney to determine the proper procedures before dismissing an employee. The department head and the human resource services manager shall keep the city manager appraised of the process and have the city manager’s approval before the action is taken.

C. Termination for reasons other than disciplinary actions are covered under Section 2.36.680. (Ord. 95-5 § 2 (Chapter 13(G))

2.36.680 Separation from city service.

An employee may be separated from city service for the following reasons:

A. Abandonment of Position.

1. Absence without leave for more than five consecutive work shifts may be deemed to be a resignation and may result in termination of employment; absence without leave for police 4/10 shift personnel for more than four ten-hour consecutive work shifts may be deemed to be resignation and may result in termination of employment; absence without leave for fire shift personnel for more than two consecutive work shifts may be deemed to be a resignation and may result in termination of employment. The appointing authority shall provide written notice to employee at the last known address of proposed action to be taken due to abandonment. Said notice shall provide the Skelly preaction due process.

2. An employee may be separated from city service if he/she falls to report for duty upon the expiration of a vacation or a leave of absence and did not notify his/her department head of the reasons for the absence. Written notice of proposed action shall provide the Skelly preaction due process procedure and be sent to the employee’s last known address.

B. Disciplinary Action. An employee may be terminated for disciplinary reasons as provided for in the disciplinary procedures of this chapter.

C. Layoff. An employee may be separated from city service because of changes in duties or organization, abolishment of position, shortage of work or funds. See Sections 2.36.690 through 2.36.730.

D. Resignation.

1. An employee wishing to leave the service of the city in good standing, by resignation, shall give the department head concerned at least two weeks’ written notice unless approval for a shorter notice is obtained from the department head.

2. A resignation made without the notice required may be regarded as cause for denying the resigning employee future employment with the city, and is a resignation not in good standing.

3. A resignation may be rescinded by the employee with approval of employee’s department head if said employee submits a written request prior to public advertisement of the recruitment to fill vacancy or prior to offer of employment to a candidate on valid employment list established before the resignation.

E. Retirement. Retirement from city service shall be subject to the terms and conditions of the city’s retirement system. Whenever an employee meets the conditions set forth in the city’s retirement plan regulations, they may elect to retire and receive benefits earned under the retirement plan.

F. Disability. An employee may be separated for disability when he/she cannot perform the essential functions of the job. Every effort will be made to reasonably accommodate the employee. The city, at its expense, may require a job-related examination of the employee for “fitness” of duty performed by a doctor of city choice where there is evidence of a job performance or safety problem. A disabled employee may be retained by the city in a position for which qualified, if deemed reasonable and appropriate by the city. (Ord. 95-5 § 2 (Chapter 14))

2.36.690 Layoff—Procedure—Employment status.

A. When it becomes necessary to layoff employees, the reduction shall be by department. The city manager shall determine the class and number of positions to be affected within the department, the layoff date, and shall notify the department head in writing of such reduction.

B. Employment Status. In each class of positions, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, regular.

1. Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.

2. In cases where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty days and no more than twelve months prior to layoff.

3. Layoffs for each class shall be determined from the sliding rating scale from the last performance evaluation beginning with employee ratings of “needs improvement, does not meet normal expectations of proficiency” and lastly with employee ratings of “clearly exceeds normal expectations of proficiency.”

4. Where performance ratings are equal, employees within each category shall be laid off in inverse order of seniority in city service. (Ord. 95-5 § 2 (Chapter 15 (part))

2.36.700 Layoff—Notification.

Employees to be laid off shall be given, whenever possible, at least fourteen days prior notice. (Ord. 95-5 § 2 (Chapter 15(B))

2.36.710 Layoff—Vacancy—Demotion.

Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority may first demote to a vacancy, if any, within the department in a lower class for which the employee who is the latest to be laid off is qualified. Secondly, employees may demote to a vacant position within the organization with concurrence of the affected, department head(s) and with concurrence of the human resource services manager and approval of the city manager. (Ord. 95-5 § 2 (Chapter 15(C))

2.36.720 Layoff—Displacement.

A. An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had regular status. For the purpose of layoff, seniority includes all periods of full-time service at or above the classification level where layoff is to occur.

B. Written displacement action shall be submitted by the employee to the department head within ten calendar days after receipt of the layoff notice. (Ord. 95-5 § 2 (Chapter 15(D))

2.36.730 Layoff—Reemployment list.

A. The names of all regular employees who were laid off, reduced in class, displaced or who have received layoff notice and voluntarily resigned shall be placed on a reemployment list for their original class. Whenever a vacancy occurs in the class in which a reemployment list exists the qualifying employees on the lists shall be notified of the vacancy, prior to announcing an open or promotional recruitment, and shall be offered the opportunity to apply for the position. The reemployment list shall be effective for a period of one year from the date of change in employee’s status due to city layoff.

B. The appointing authority shall consider the former employee(s) from the reemployment list before other employment list for the classes) are considered. However, the appointing authority shall retain the right not to appoint said former employee(s).

C. Those individuals hired from a reemployment list shall retain their former seniority status for the purpose of compensation and benefits. (Ord. 95-5 § 2 (Chapter 15 (part))

2.36.740 Reinstatement.

A. The department head may initiate reinstatement procedures upon written request of a former regular employee and as positions become available. The reinstatement must be processed by human resource services and have the written approval of the city manager. Reinstatement of a former regular employee may occur within one year of the separation and years of service bridged if the individual left city service as a result of:

1. Layoff. See Sections 2.36.690 through 2.36.730; 2. Military Leave. Reinstatements of individuals returning from military leave shall be done in accordance with the Military and Veterans Code of California;

3. Resignation. Only individuals who resigned in good standing shall be eligible for reinstatement.

B. All reinstatements shall be to the same or comparable classification or to any classification to which that employee would have been eligible to transfer.

C. If a former employee should be rehired through the competitive process with one year of separation, said employee shall have years of service bridged and be treated as a reinstated employee. (Ord. 95-5 § 2 (Chapter 16))

2.36.750 Appeal and grievance—Policy.

It shall be the policy of the city that all regular employees who have successfully completed the required probationary period and attained regular status have the right of appeal under the grievance procedure. It shall not be applicable to those positions which may be deemed exempt by city council resolution or to probationary employees. (Ord. 95-5 § 2 (Chapter 17(A))

2.36.760 Appeal and grievance—Purpose.

The purpose of this procedure is to provide:

A. An orderly method of processing grievances;

B. That grievances be settled as nearly as possible to the point of origin;

C. A means to resolve misunderstandings;

D. That hearings be conducted in a manner most conducive to determination of the truth, not necessarily conducted in accordance with technical chapters relating to evidence and witnesses. (Ord. 95-5 § 2 (Chapter 17(B))

2.36.770 Appeal and grievance—Scope and right to file.

A. A grievance may be filed by an employee on his/her behalf, jointly by a group of employees, or by an employee organization. A grievance may be filed for a claimed violation, misinterpretation, inequitable application, or noncompliance with a memorandum of understanding, city ordinance, resolution, chapter or regulation affecting working conditions, including appeals over discipline, limited to suspension, reduction in salary, demotion, and/or termination.

B. All grievances shall be filed only in accordance with this procedure. Employees shall be free from reprisal for using the grievance procedure. (Ord. 95-5 § 2 (Chapter 17(C))

2.36.780 Appeal and grievance—Regulations.

A. Human resource services shall act as a central repository for all grievance records and shall immediately receive a copy of every grievance as it is filed with a department. Human resource services shall also receive a copy of every reply and appeal. The processing of an appeal shall be considered as city business; the aggrieved employee and the representative of the aggrieved employee (if a city employee) shall receive reasonable time off from duty for this purpose.

B. Aggrieved employees may be accompanied or represented by a person of their choice following the first informal discussion with the immediate supervisor. Time limits established in the grievance procedure may be extended by mutual agreement in writing or by the city manager where a written request for such an extension is submitted prior to the expiration of the applicable time period.

C. Grievances shall be processed in a standardized form which may be obtained from human resource services. Presentation of an informal grievance shall be necessary prior to filing of a formal grievance. (Ord. 95-5 § 2 (Chapter 17(D))

2.36.790 Appeal and grievance—Informal procedure.

A. A complaint shall first be discussed with the immediate supervisor; except where the grievance involves the relationship with the supervisor, it shall be submitted to the next higher level of supervision. The aggrieved employee and supervisor have a mutual responsibility to have the matter resolved at the lowest possible level.

B. When a complaint cannot be settled during the initial, informal discussion, there may be further informal discussions between the aggrieved employee, the supervisor, and the employee’s representative, and any other mediation resources that may be helpful in resolving the grievance. Whenever the parties to the grievance are unable to reach an agreement and wish to extend the grievance to the formal process, a written statement of the informal grievance shall be prepared and submitted to human resource services. If the informal grievance is not satisfied within twenty working days, the formal grievance process shall be initiated or the informal grievance will be closed. (Ord. 95-5 § 2 (Chapter 17(E))

2.36.800 Appeal and grievance—Formal procedure.

A. Step 1.

1. Provided that the informal grievance has been prepared for continuance to the formal process, the aggrieved employee may, within five working days after declaring the grievance formal, deliver the original copy of the written statement to the human resource services manager. Human resource services shall investigate the grievance, confer with persons affected and their representatives to the extent deemed necessary, and render a statement of facts along with a recommendation on the grievance. Both parties (the aggrieved employee and the human resource services manager) may issue an agreed statement of facts to the city manager. However, if both parties are not in agreement, both may prepare a statement of facts for the city manager.

2. The formal fact-finding report and recommendation from human resource services shall be issued in writing and delivered to the city manager within twenty working days after receipt of the grievance by the human resource services manager.

B. Step 2.

1. The city manager shall evaluate the facts and report as presented by the human resource services manager and render a written opinion within ten working days after receipt of the formal report.

2. The decision of the city manager shall be the final determination for all grievances except suspensions, demotions and terminations. If requested by the aggrieved employee, grievances dealing with suspensions, demotions and terminations may move to Step 3.

C. Step 3.

1. Provided the determination of the city manager does not dispose of the grievance to the satisfaction of the employee on grievances dealing with suspensions, demotions and terminations, the aggrieved employee may, within five working days after receipt of the city manager’s decision, deliver the original form to human resource services and request that the grievances proceed to an evidentiary hearing.

2. The hearing shall be scheduled within twenty working days after receipt of the written request as follows:

a. Suspensions and Demotions. The hearing shall be heard and the final determination be made by a mediator from the State of California, Department of Industrial Relations.

b. Terminations. The hearing shall be heard and the final determination be made by an arbitrator from either the American Arbitrator Association or from a list available from the State of California, Department of Industrial Relations.

3. All interested parties shall be notified in writing of the date, time and place of the hearing at least five working days prior to the hearing.

4. The general procedures to be followed during the hearing are covered under a separate cover. (Ord. 95-5 § 2 (Chapter 17(F))

2.36.810 Appeal and grievance—Judicial review.

A. See Resolution No. 91-36 on time limits on judicial review. Employees seeking a judicial review of administrative decisions including hearings, suspension, demotions, or terminations shall file a writ of mandate (written authoritative order) no later than the ninetieth day following the date on which the administrative decision becomes final.

B. The city must, at the time the final administrative decision is made, provide written notice to the employee and his/her representative of the time limits set forth in the Code of Civil Procedure Section 1094.6 within which judicial review must be sought. (Ord. 95-5 § 2 (Chapter 17(G))

2.36.820 Discrimination grievance procedure.

A grievance that alleges discrimination based on race, sex, color, age, ancestry, national origin, religion, marital status, or physical or mental disability shall be handled through the grievance procedure outlined in Sections 2.36.750 through 2.36.810 with the following modifications:

A. The procedure in Sections 2.36.750 through 2.36.810 shall be available to all persons alleging discrimination in the employment practices of the city.

B. The city’s human resource services manager shall be notified by the department of each discrimination complaint filed by the employee(s) or applicant(s) during the informal process. Employees and applicants may counsel with the human resource services manager who may conduct an investigation and take steps to resolve the grievance at any level contained in this procedure. (Ord. 95-5 § 2 (Chapter 17(H))

2.36.830 Evidentiary hearing.

A. An evidentiary hearing shall be afforded to all regular employees who have received notice of punitive action and have gone through the formal grievance process.

B. The hearing officer shall be a mediator from the State of California, Department of Industrial Relations on grievances dealing with suspensions and demotions; the hearing officer shall be an arbitrator from either the American Arbitrator Association or from a list available from the State of California, Department of Industrial Relations on grievances dealing with terminations.

C. All hearings shall be private; provided, however, that the aggrieved employee may request a hearing be open to the public.

D. The hearing officer may, if legally authorized, issue subpoenas at the request of either party to the commencement of such hearing.

E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determinations of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admissions of such evidence over objection in civil actions; the hearing officer shall rule on the admission or exclusion of evidence. Decisions made by the hearing officer shall not be invalidated by any informality in the proceedings, and the hearing officer need not be bound by technical rules of evidence.

F. Both the city and employee shall have the right to counsel, to call and examine witnesses for or against either party, the right to a reasonable continuance on a showing of good cause, and all procedural due process rights applicable to administrative proceedings.

G. The decision of the hearing officer shall be in writing and shall be final and binding. The decision shall be rendered to the city manager with copies to human resource services, appropriate department head, and aggrieved employee within fifteen calendar days after the hearing.

H. The city shall not provide services of a reporter at the hearing for the purpose of a transcription of the hearing; however, if the employee requests that a transcript of the proceedings be made, the employee may provide the services of a certified court reporter at the sole expense of the employee. (Ord. 95-5 § 2 (Chapter 18))

2.36.840 Fingerprinting required.

Each person employed by the city in a regular position shall be fingerprinted as a condition of employment, prior to beginning employment or immediately thereafter. Compensation shall not be paid for more than two pay periods until fingerprinting has been completed. Refusal of an employee to be fingerprinted or failure to report for fingerprinting shall be sufficient cause for financial services to withhold payment of salary. The human resource services manager shall establish and maintain a system for fingerprinting of city employees and is authorized to implement procedures necessary for the administration of this section. Fingerprint cards shall become a part of the employee’s personnel folder to be cleared through the Bureau of Criminal Identification and Investigation of the state of California and other agencies as deemed appropriate. The fingerprint cards for law enforcement applicants shall be processed immediately. (Ord. 95-5 § 2 (Chapter 19))

2.36.850 Reports and records.

A. Roster Cards. The human resource services manager shall maintain a service record for each employee in the service of the city showing the name, title of position held, the department to which assigned, salary, changes in employment status, residence data, and such other information as may be considered pertinent.

B. Change-of-Status Report. Every appointment, transfer, promotion, demotion, change of salary rate, and other temporary and permanent change in status of employees shall be reported to the human resource services manager in such manner as may be prescribed.

C. Access to Administrative Records. The city attorney, the city manager and the human resource services manager shall have access to all departmental records, documents and papers pertaining to employees, the examination of which will aid in the discharge of their duties. All administrative records shall be maintained in a manner which will preserve their confidentiality.

D. Employee Access to Their Personnel Records. At a time which is reasonable to employer and employee, the employer shall, upon the request of employee, provide the opportunity to the employee to inspect any materials, records, etc., in his/her personnel file which are used or have been used to determine that employee’s qualifications for employment, promotion, additional compensation, termination, or other disciplinary action. This chapter does not apply to records relating to the investigation of a possible criminal offense, to letters of reference or to rating sheets used during the selection process.

E. Access to Personnel Records by Department Heads. Department heads shall have access to all records, documents and papers pertaining to employees in their department, if the examination will aid in the discharge of their duties. All personnel records are confidential and the department head shall maintain this confidentiality.

F. Destruction of Records. Roster and payroll records shall be retained permanently. Upon approval of the city attorney, all other records relating to personnel may be destroyed after a three-year period or a more lengthy period if prescribed by law.

G. Purging of Employee Discipline Records.

1. Written reprimands and suspension records may be expunged upon sustained corrective behavior after three years. It is the responsibility of the employee to request the purging of discipline records.

2. The employee wishing to have disciplinary records purged shall make a written request to the human resource services manager. The human resource services manager shall consult with the employee’s department head to substantiate that collective behavior has been sustained for the three-year period. The city manager and city attorney shall approve the request before the records are expunged.

3. A record of demotion shall remain permanently in the employee’s personnel file. (Ord. 95-5 § 2 (Chapter 20))

2.36.860 Identification cards.

Every employee shall be given an identification card upon employment. The card will be updated every three years thereafter. Employees separated from city service shall return the identification card to the city. (Ord. 95-5 § 2 (Chapter 21))

2.36.870 Address notification.

Employees shall notify human resource services of any change of name, address or telephone number within ten calendar days of change. (Ord. 95-5 § 2 (Chapter 22))

2.36.880 Human resource development policy-Goals.

A. Policy. The human resource development policy of the city is based on the philosophy that by developing its employees, the organization provides an opportunity to enhance and improve employee job satisfaction, morale and performance. This, in turn, has a positive effect on productivity, labor and public relations, and general organizational health.

B. Goals. Three overall goals of the human resource development policy are:

1. To provide the employee with the skills needed to better perform currently held jobs and/or provide skills for known changes planned within the organization.

2. To increase the effectiveness of employees in areas of interest and to prepare employees for upward mobility within the organization.

3. To prepare the work force for the future, to retain qualified employees, and to provide career opportunities for employees. (Ord. 95-5 § 2 (Chapter 23))

2.36.890 Medical examinations—Entering employees.

All entering employees shall be subject to a job-related medical examination. Offers of employment are made contingent upon passing this examination, however, the city shall make reasonable accommodations to the special needs of any disabled individual. (Ord. 95-5 § 2 (Chapter 24(A))

2.36.900 Medical examinations—Required examinations.

A. Depending on the job-related physical characteristics required, either a general or industrial medical examination may be required for:

1. Entering employees;

2. Employees seeking a transfer from one position requiring general physical abilities to another position requiring physical abilities of an industrial nature; and

3. Employees returning to city service from a medical leave of absence.

B. The physician conducing the medical examination shall be supplied with a current job description indicating the job-related duties and requirements of the position.

C. The human resource services manager and department head, in consultation with a licensed physician, shall indicate the medical examination requirement for each position based on the job-related duties; each position shall require either a general medical examination or an industrial medical examination.

D. The results of all medical examinations shall be confidential; examination results for entering employees and employees transferring to another position shall be kept in the employee’s medical file. The city shall pay for all required medical examinations. A copy of the medical examination results shall be made available to the employee upon request.

E. No employee shall hold any position in which he/she is not able to perform the essential functions of the job. The city may require that employees take a psychological or a medical examination as it deems necessary in order for employees to be mentally and physically capable of performing the job without a significant risk to the health or safety of others. (Ord. 95-5 § 2 (Chapter 24(B))

2.36.910 Outside employment.

A. An employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, or in conflict with, his/her duties with the city.

B. Each appointing authority shall determine, subject to approval by the city manager, those activities which are inconsistent, incompatible or in conflict with duties of the employees in his/her department or which will lessen the employee’s effectiveness as city employee.

C. No city-owned equipment, vehicle, tools, supplies, or any other item shall be used by an employee while the employee is engaged in any outside employment or activity. Employees shall not use the influence of their city employment in non-city business.

D. Employees engaging in outside employment shall notify their department head of such action. Notification should include the nature of the work and the hours involved. (Ord. 95-5 § 2 (Chapter 25))

2.36.920 Dress code.

The appearance and dress of employees is important in creating a favorable image supportive of public confidence; employees are to observe good grooming and personal hygiene practices before presenting themselves for work. Good grooming, good personal hygiene and clean clothing are required at all times. (Ord. 95-5 § 2 (Chapter 26))

2.36.930 Employee organizations.

Employees in city service may join the organization that represents employees in their classification as outlined in the Employer/Employee Relations Resolution No. 4737. (Ord. 95-5 § 2 (Chapter 27))

2.36.940 Harassment policy.

A. The city recognizes and reaffirms its policy of providing equal employment opportunity to all qualified persons, and reaffirms its commitment that there shall be no discrimination against qualified applicants or employees on the basis of race, sex, color, national origin, religion, age or disability. All employees are to be treated with respect and dignity. Any form of harassment, racial, religious, sexual, etc., will not be tolerated under any circumstances. Harassment should be reported immediately to human resource services.

B. It is also the policy of the city to provide a work environment free from sexual harassment. Sexual harassment includes, but is not limited to:

1. Making unsolicited and unwelcome written, verbal, physical and or visual contact with sexual overtones. (Written examples: suggestive or obscene letters, notes, invitations. Verbal examples: derogatory comments, slurs, jokes, epithets. Physical examples: assault, touching, impeding or blocking movement. Visual examples: leering, gestures, display of sexually suggestive objects or pictures, cartoons, posters or magazines).

2. Continuing to express sexual interest after being informed that the interest is unwelcome.

3. Making reprisals, threats of reprisal or implied threats of reprisal following a negative response. For example, either implying or actually withholding support for an appointment, promotion or change of assignment or suggesting that a poor performance report will be given.

4. Engaging in implicit or explicit coercive sexual behavior which is used to control, influence or affect the career, salary and/or work environment of another employee.

5. Offering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, reclassification, etc., in exchange for sexual favors.

C. This policy applies to all phases of the employment relationship, including recruitment testing, hiring, promotion/demotion, transfer, layoff, termination, rates of pay, benefits and selection for training.

D. Moreover, it is the stated policy of the city to prevent and prohibit misconduct on the job, including sexual harassment or any other type of employee harassment by co-workers, subordinate employees or supervisor. Any employee found to have acted in violation of the foregoing policy shall be subject to appropriate disciplinary action, including warnings, reprimand, suspension and/or discharge.

E. Management and supervisory employees have a responsibility for ensuring that the work environment is free of sexual harassment and shall inform all employees under their direction of the city policy and complaint procedure.

F. The human resource services manager shall receive and review with the affected employee all initial complaints of sexual harassment. The human resource services manager may review any written notes or statements from the employee which appear pertinent to support the claim. If the human resource services manager determines sufficient evidence exists that sexual harassment may have occurred in violation of this policy, he/she shall transmit a report, along with any supporting evidence, to the department head of the affected department, who shall immediately investigate the complaint. The results of the department head’s investigation shall be transmitted to the human resource services manager in writing.

G. If the department head determines, as a result of his/her investigation, that this policy has indeed been violated, he/she shall institute proceedings to discipline the responsible employee or employees, pursuant to disciplinary procedures found in Sections 2.36.610 through 2.36.670. (Ord. 95-5 § 2 (Chapter 28))

2.36.950 Marital status policy.

A. It is the policy of the city not to discriminate in its employment and personnel actions with respect to its employees, prospective employees, and applicants on the basis of marital status. No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of his or her marital status. This policy applies to the selection of persons for a training program leading to employment in addition to the above-designated persons.

B. Marital status is defined as an individual’s state of marriage, nonmarriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for the purpose of this antidiscrimination policy.

C. Spouse is defined as a partner in marriage as defined in California Civil Code Section 4100.

D. Notwithstanding the above provisions, the city retains the right:

1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security or morale.

2. To refuse to place both parties to a relationship in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest.

3. To maintain or adopt bona fide health plans which provide additional or greater benefits to employees with dependents to those employees without or with fewer dependents. Where such a bona fide health plan discriminates against individuals on the basis of marital status, benefits shall not be conditioned upon whether an employee is “head of household,” “principal wage earner,” “secondary wage earner,” or other similar status.

E. The administrative procedures of Policy No. 9502, Marital Status Policy, provide steps to follow should two employees in the same department get married. (Ord. 95-5 § 2 (Chapter 29))

2.36.960 Hiring of relatives.

A. Purpose. The purpose of this policy is to provide guidelines for use in dealing with the employing of persons who are related (other than spouses) to city employees or city officials.

B. Policy. The adopted personnel policies and practices provide that all appointments to city positions shall be based upon merit end ability as determined by impartial selection processes. These impartial processes occasionally result in the eligibility for employment of persons who are related to current full-time city employees or other elected or appointed officials. It shall be the policy of the city that no such persons shall be employed when, in the judgment of the appointing authority, such employment would adversely affect impartial business operations, supervision, safety, security, morale or effective working relationships. In such cases:

1. No relative of an existing employee shall be appointed to a full-time or part-time position within the same department.

2. No city employee who has any authority in hiring or promotion shall appoint, employ or advocate hiring a relative for city employment or promotion.

C. The administrative procedures of Policy No. 9503, Hiring of Relatives, provide steps to follow in dealing with appointments of relatives. (Ord. 95-5 § 2 (Chapter 30))