CHAPTER 3 APPOINTMENT AND SEPARATION

Chapter 3
APPOINTMENT AND SEPARATION

Article 1 Appointments.

Article 2 Probationary Period.

Article 3 Separation From Service.

Article 1. APPOINTMENTS

8400 Purpose.

This Chapter provides for a portion of the implementing rules and standards pertaining to the organization, maintenance, modification, and administration of the Career service.

Specific Authority: Chap. 2.72 MMC; Resolution No. 2014-06

History: New 1/2014.

8401 In General.

Appointments under this Chapter are subject to prior approval of the City Manager, and no appointment which has not first been approved by the City Manager shall be a valid appointment.

8402 Permanent Appointments.

In order to fill a budgeted position, one that has been established as a permanent position by the City Manager and allocated by the Council, the appointing authority may appoint a qualified candidate to a permanent position.

(a) An individual appointed under provisions of this section must serve a probationary period in accordance with Article 2 of this Chapter.

(b) If, after fulfilling the requirements of Sections 8350 et seq., no applicants are eligible for appointment, an authorized permanent position may be underfilled to enable an applicant with marginally less than the required experience or skills or education, to accept appointment to the Career service.

(1) Persons appointed under this provision may then advance, upon successful completion of the minimum qualifications and satisfactory service to the authorized class level, with affirmative recommendation of the appointing authority and the approval of the Personnel Director.

(2) Permanent status shall not be granted until advancement to the authorized class level and completion of the required probationary period in such authorized level.

8403 Intermittent Appointments.

In order to deal with personnel shortages of a recurring, lengthy, or foreseeable nature, an appointing authority may make an intermittent appointment under terms of this section.

(a) Wherever practical, appointments under this section shall be made in accordance with the certification provisions of Sections 8350 et seq.

(b) Persons appointed under this section shall be limited to not more than 1,286 hours of employment in any twelve (12) month period.

(c) Time on an intermittent appointment shall not constitute any part of a probationary period, nor shall it be included for purposes of determining continuous service.

(d) Refusal of an eligible candidate to accept appointment to an intermittent position shall not affect his position on the eligibility list for a permanent appointment; neither shall acceptance of appointment.

(e) Employees under intermittent appointments are not deemed to be in the Career service.

(f) Notice of appointment to a position pursuant to this Section shall be filed with the Personnel Director.

Specific Authority: Resolution No. 2015-04.

History: Amended 1/2015.

8404 Temporary Appointments.

To meet the immediate requirements of an unforeseen situation, an appointing authority may employ such persons as may be needed for the duration of the situation; provided, however, that no such appointee shall serve more than four (4) calendar months in any twelve month period.

(a) Wherever practical, appointments under this section shall be in accordance with the certification provisions of Sections 8350 et seq.

(b) Time spent on a temporary appointment shall not constitute any part of a probationary period, nor shall it be included for purposes of determining continuous service.

(c) Refusal of an eligible candidate to accept appointment to a temporary position shall not affect his position on the eligibility list for a permanent appointment; neither shall acceptance of appointment.

(d) Employees under temporary appointments are not deemed to be in the Career service.

Specific Authority: Resolution No. 2015-04.

History: Amended 1/2015.

8405 Provisional Appointments.

If less than five eligibles are available for appointment to a permanent position, a provisional appointment may be made by an appointing authority of a person appearing to meet employment standards for the class of position to which the appointment is made; provided, however, that the Personnel Director shall thereafter immediately proceed to establish a list of persons qualified by competitive examination.

(a) Provisional appointments shall terminate within ten (10) working days after the date on which the eligibility list for the position is certified.

(b) Time spent on a provisional appointment shall not constitute any part of a probationary period.

(c) If a provisional employee is subsequently appointed from an eligible list, without break in service, to the same position he occupied under provisional appointment, time spent under provisional appointment shall be included for purposes of determining continuous service.

8406 Other Types of Appointments.

(a) Reemployment. In the city’s interest a vacancy may be filled by the reemployment, within one year, of a former regular employee who held permanent status in the same class, or higher class of a classification series, and who was separated from the Career service in good standing because of a lay-off or other reductions in force; provided, however, that reemployment does not constitute a right to any future position, and no entitlement is hereby created.

(1) Reemployment shall apply only to authorized permanent positions.

(2) If the number of qualified persons on a reemployment list is less than five, the appointing authority may, at his option, make a selection from among those persons on the list, or the Personnel Director shall certify additional qualified candidates from an appropriate eligibility list in accordance with the rules governing certification pursuant to Sections 8350 et seq.

(b) Transfer. As an alternative to appointment from an eligibility list, a position may be filled by transfer within a department, or from another department, of an employee in the same or comparable class upon approval of the City Manager.

(1) Transfer shall not be used to evade the rules governing promotion, demotion, advancement, reduction, or nepotism.

(2) No person shall be transferred to a position for which he does not possess the minimum employment standards.

(3) An employee who is transferred shall be compensated in accordance with Section 8109 hereof.

(4) Future annual increases within the same salary range or pay grade shall be in accordance with Section 8109 hereof.

(5) Accumulated sick leave and annual leave time transfer with an employee and become an obligation of the receiving department.

(c) Demotion. Any permanent employee may, with the concurrence of the employing department head: 1) request a voluntary demotion to a vacant position; 2) be demoted following loss of status upon position reallocation, pursuant to Section 8014; 3) be demoted for disciplinary reasons; or 4) be demoted for inability to satisfactorily perform the duties of the position in which he is employed.

(1) If the class of position to which the demotion is proposed requires employment standards, including knowledge, skills, and abilities, not measured by the examination for the class from which demotion is proposed, the Personnel Director may examine the employee for possession of these employment standards.

(2) Any employee who demotes or is demoted shall be compensated in accordance with Section 8111 hereof.

(3) Future annual increases within the salary range or pay grade shall be in accordance with Section 8111 hereof.

(4) No demotion shall become effective until approved by the City Manager.

(5) Any employee who is involuntarily demoted shall promptly receive a written notice detailing, in ordinary and concise language, the reasons for such action, which shall be subject to appeal in accordance with the employer-employee relations grievance procedure in Chapter 4 of this Part.

(d) Promotion. Insofar as practicable and consistent with the best interests of the city, vacancies in the Career service may be filled by means of promotional examinations from among those city employees who meet the requirements of the higher class.

(1) An employee who is promoted shall be compensated in accordance with Section 8110 hereof.

(2) Future annual increases within the same salary range or pay grade shall be in accordance with Section 8110 hereof.

(3) An employee may receive a temporary promotion to a higher-level position without competition, following the period specified in Section 8112 for working above class, for any of the following reasons:

(A) To perform the duties of the higher-level position during the temporary absence of an incumbent;

(B) To fill a vacant position before a permanent appointment can be made;

Specific Authority: Resolution No. 2015-32.

History: Amended 7/2015.

Article 2. PROBATIONARY PERIOD

8450 Purpose of Probationary Period.

The probationary period shall be required as a part of the employment testing process and shall be utilized for observing closely the employee’s work, for securing the most effective adjustment of a new employee to his position, and for releasing any probationer whose performance does not meet the required standards of work.

8451 Appointments Subject to Probationary Periods.

In order to adequately evaluate performance, based upon the cycle of work or because of the duration of the required training, appointments to permanent positions in the Career service shall be for a probationary period of twelve (12) months.

8452 Probationary Period. Effect of Leave on.

Probationary periods shall be extended by one month for each month or major portion thereof that a probationer is on leave of absence or absence without leave.

8453 Completion of Probationary Status.

A probationer shall be deemed to have permanent status at the conclusion of the shift which began on the last working day of the designated probationary period, including adjustments, if any, pursuant to Section 8452 hereof.

8454 Release of Probationer.

During the probationary period, an employee may be terminated at any time without cause.

(a) If an incumbent permanent employee is released during probation following promotion, he shall be returned to the position held immediately prior to the promotion, or to a similar position in the same department for which he meets all requirements; provided, however, that if an appropriate vacancy does not exist, the employee shall be restored to the position held prior to promotion, and the provisions governing reduction in force shall apply, as prescribed in this Chapter.

8455 Performance Evaluation and Fitness Reports During Probation.

Employee Performance Evaluation and Fitness Reports on probationary employees shall be completed at the end of the third, sixth, and ninth months of service; provided, however, that additional, special probationary evaluations may be completed at any time during the probationary period.

8456 Position Changes and Transfers.

Each of the following changes shall be made without requiring a new probationary period:

(a) Transfer, pursuant to Section 8406 hereof;

(b) Retitling of position, pursuant to Section 8013 hereof;

(d) Demotion, pursuant to Section 8406 hereof;

(e) Salary advancement within a pay grade.

Article 3. SEPARATION FROM SERVICE

8475 Resignation.

Any employee wishing to leave the Career service in good standing shall file a written resignation with his employing department head at least two weeks before leaving, unless such notice is waived by the employing department.

(a) The written notice of resignation shall be forwarded to the Personnel Director with a closing performance and fitness report on the employee.

(b) The appointing authority may waive the required notice period and accept the resignation immediately; provided, however, such waiver and acceptance shall not be construed as dismissal or any other form of separation from service other than resignation in good standing.

8476 Dismissal.

Any employee may be dismissed for cause at any time by the City Manager; provided, however, that any regular employee holding permanent status in the Career service shall be entitled to receive a written statement setting forth the specific grounds for such action, and to a hearing if he requests, in accordance with applicable provisions of Chapter 4 of this Part.

8477 Termination.

Any employee may be terminated under any of the following conditions:

(a) Death of the employee;

(b) Failure to complete required probationary period;

(d) Expiration of authorized temporary, intermittent, or provisional appointment, or completion of the appointing authority’s need for an authorized temporary, intermittent, or provisional appointee, whichever occurs first.

8478 Lay-Off and Reduction in Force.

When it becomes necessary through lack of work, lack of funds, or for other reasons to reduce the number of employees within a given class, the Personnel Director shall prepare a lay-off list, providing that temporary, intermittent, and provisional employees shall be laid off before probationers or regular employees.

(a) The order of lay-off shall then be based on the needs of the service as approved by the City Manager.

(b) In constructing the lay-off list, consideration will be given to performance and fitness evaluations, quality of service to the city, and ability to perform the required work in a reduced workforce environment; all of the foregoing being equal, length of service in the classification with the city will also be a consideration.