Chapter 2.36
CIVIL SERVICE
Sections:
2.36.010 System adopted – Purpose.
2.36.040 Status of present employees.
2.36.050 Prohibited activities.
2.36.060 Employee organizations.
2.36.070 Disciplinary proceedings.
2.36.010 System adopted – Purpose.
A Civil Service System is adopted to accomplish the following purposes:
A. To recruit and retain the best qualified persons available for service with the City;
B. To promote and increase economy and efficiency in the service of the City;
C. To provide a comprehensive personnel system for the City classified service wherein:
1. The appointment of persons to, the transfer, demotion, and suspension of persons in, and the separation of persons from that service shall be effected solely on the basis of merit, fitness, and efficiency, and without discrimination based on political affiliation, race, religious creed, color, national origin or ancestry;
2. Positions involving comparable duties and responsibilities are similarly classified and compensated;
3. Consideration is given to wages and salaries paid by private industry and by other governmental agencies in the labor market area, in determining City salary ranges;
4. Employees are provided with holidays, vacation, sick leave and other considerations for their general welfare;
5. Employees’ work performance is evaluated at least once a year on a form prescribed by the Personnel Office. Employees shall be evaluated at least twice during their probationary period. Supervisors shall discuss their evaluations in full with each employee, pointing out where the employee has done an outstanding job and suggesting ways in which job performance can be improved;
6. All regular appointments, including promotional appointments, shall include a probationary period of not less than six months;
7. Tenure of employment is subject to satisfactory performance of the work and the appropriation of sufficient funds;
8. Employees are expected to be in good physical condition and to possess physical agility and strength commensurate with the duties of their jobs. [Ord. 643 § 1, 1964.]
2.36.020 Administration.
A. The City Manager is the Personnel Officer and shall administer the Personnel System for which this chapter calls, and be responsible for seeing that the policies of the chapter are carried out.
B. The Personnel Officer:
1. May, with the consent of the Council, obtain on behalf of the City any of the below-listed services from persons and agencies skilled in personnel administration:
a. The preparation of personnel rules and subsequent revisions and amendments;
b. The preparation and revision of a position classification plan;
c. The preparation and revision of a pay plan;
d. The preparation, conduct and grading of competitive examinations;
e. Special and technical services of advisory or informational character on matters relating to personnel administration;
2. Shall formulate and submit to the Council:
a. Personnel rules and revisions and amendments to such rules;
b. A position classification plan;
c. A plan of compensation covering all classifications in the classified service.
C. Such a plan, rule, or amendment submitted by the Personnel Officer shall have legal effect as a part of this chapter when it is:
1. Approved by the Council, by resolution; and
2. Set forth in full in the record of Council proceedings; and
3. Posted five days at the City Hall after Council approval. [Ord. 643 § 2, 1964.]
2.36.030 Applicability.
The provisions of this chapter shall apply to all offices, employments and positions in the City, herein called the classified service, except:
A. Elective officials;
B. City Manager;
C. Members of appointive boards, commissions and committees;
D. Persons engaged under contract to supply expert, professional, technical or other services;
E. Volunteer personnel;
F. City Attorney, City Treasurer and City Clerk;
G. Persons employed by the City not more than three months during a fiscal year for special purposes, and part-time employees paid by the hour or day, excepting library;
H. Department heads. [Ord. 1156 §§ 1, 2, 2001; Ord. 682 § 1, 1967; Ord. 643 § 3, 1964.]
2.36.040 Status of present employees.
An employee who holds a position in the classified service on the effective date of the personnel ordinance shall:
A. Have permanent status in the Civil Service System authorized by this chapter if he or she holds permanent status under the existing Civil Service System; and
B. If he or she has not held a full-time position for six months, shall not have permanent status until he or she has completed six consecutive months with satisfactory performance. [Ord. 643 § 4, 1964.]
2.36.050 Prohibited activities.
An employee in the classified service shall not:
A. Participate in any political activity prohibited by pertinent provisions of State law;
B. Use for private gain or advantage the influence of a City position or the facilities, equipment and supplies of the City;
C. Solicit or accept any favors or gifts from persons, concerns, or corporations who have, or seek to have, business contact with the City;
D. Divulge confidential information to anyone to whom issuance of such information has not been authorized;
E. Participate in any employment or other activity which will prevent an employee from doing his or her City job in an efficient and capable manner, which brings discredit upon the City, or which might result in a conflict of interests between the employee’s private interests and his official duties and responsibilities. Every employee, before engaging in any outside employment, shall submit a statement to the City Manager naming the prospective employer, if any, his or her address and telephone number, and outlining the proposed duties and the hours of work. The City Manager shall then determine if the proposed employment falls in the prohibited class. The City Manager shall notify the employee of his or her findings. [Ord. 643 § 7, 1964.]
2.36.060 Employee organizations.
A. Employees of the classified service may join organizations of their own choice in accordance with the Government Code. Such employees also have the right to refuse to join or participate in the activities of employee organizations. Each employee has the right to represent himself or herself individually in this employment relations with the City government.
B. Employees shall not be discriminated against, granted preferential treatment, or have equitable treatment withheld because of either membership or nonmembership in employee organizations. [Ord. 643 § 8, 1964.]
2.36.070 Disciplinary proceedings.
The City Manager may take disciplinary action of suspension, dismissal or demotion against an employee in the classified service for good cause, including the reasons listed below. The employee shall receive written notice stating the cause for such action and the reasons therefor in detail, in accordance with procedures established in the personnel rules. Reasons for disciplinary action include:
A. Incompetency;
B. Inefficiency;
C. Inexcusable neglect of duty;
D. Insubordination;
E. Dishonesty;
F. Discourteous treatment of the public or other employees;
G. Inexcusable absence without leave;
H. Improper political activity;
I. Intemperance;
J. Addiction to the use of narcotics or habit-forming drugs;
K. Misuse of public property;
L. Conviction of a felony or conviction of a misdemeanor involving moral turpitude;
M. Immorality;
N. Physical or mental disability;
O. Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the City;
P. Refusal to take and subscribe any oath or affirmation which is required by law in connection with his or her employment;
Q. Fraud in securing appointment. [Ord. 643 § 5, 1964.]
2.36.080 Appeal procedure.
Except as otherwise provided in any memorandum of understanding, employees with permanent status in the classified service may, within 10 days after the effective date of dismissal, demotion or suspension greater than five working days, file a written appeal with the City Manager as set forth in the personnel rules. Suspensions for periods not exceeding five working days or other punitive action of lesser severity not specifically mentioned in this chapter, made in accordance with the personnel rules, shall be exempt from appeal. Once an employee has been suspended for five working days in a calendar year, he or she may appeal further suspensions. Employees shall be assured freedom from reprisal for using the appeal procedure. [Ord. 1121 § 1, 1997.]