CHAPTER 4
CIVIL SERVICE AND PERSONNEL
(Added by O-213; Amended by O-249; O-326; O-430; O-435; O-482; O-487; O-488; O-698; O-724; O-1056; O-1098; O-1230; O-1474; O-1784; O-1886; O-1981; O-1994; O-1995; O-1996; O-1997; O-2043; O-2081)
14.1.1 SYSTEM ADOPTED.
Pursuant to the authority granted to the legislative body of any City within the State under the provisions of Chapter 48 of the Statutes of 1935, the Civil Service System referred to in the following Sections is hereby adopted for the City.
14.1.2 CIVIL SERVICE BOARD; PERSONNEL BOARD AND BOARD OF REVIEW CONSTRUED AS SINGLE BOARD.
(Added by O-441)
The terms Civil Service Board, Personnel Board and Board of Review, as used in this Article, shall be construed as one and the same Board.
14.1.3 APPLICABILITY OF ARTICLE GENERALLY.
(Added by O-326)
This Article shall apply to all appointive officers and employees in the classified service of the City as defined in Section 14.1.4., except the appointive officers and employees of the Police and Fire Departments who are now covered by Civil Service Ordinance No. 249, adopted by the City at the General Municipal Election, April 9, 1934. In the event that said Ordinance No. 249 is repealed, this Article is intended to and will automatically include all employees and officers of the Police and Fire Departments without any interruption in the Civil Service status of such employees or officers, and without any further action on the part of the City Council.
14.1.4 CLASSIFIED SERVICE APPLICABLE TO APPOINTIVE OFFICERS AND REGULAR EMPLOYEES; QUALIFICATIONS GENERALLY.
(Amended by O-2537; O-2908; O-3465)
The provisions of this Chapter shall apply to employees who are regularly and continuously employed in the service of the City, unless the City Council by ordinance designates a position as at-will, non-classified or non-civil-service. The term employee shall mean an appointive officer or any person holding a position in the classified service. No elective officer shall be qualified to hold a Civil Service position while serving as such officer under this Chapter.
14.1.5 STATUS OF EMPLOYEES HOLDING POSITIONS AT EFFECTIVE DATE OF ARTICLE.
Any person holding a position or employment in the classified service at the time this Article takes effect, who shall have served in such position for a period of at least six (6) months continuously, immediately prior to such effective date and who otherwise meets the qualifications set out in this Article shall become a classified service employee without preliminary or working tests and shall thereafter be subject in all respects to the provisions of this Article. Any other persons holding positions or employments in the classified service shall be regarded as holding their positions or employments as probationers who are serving out the balance of their probationary periods before their appointments become complete.
NOTE: The duties assigned to the Personnel Clerk in Chapter 4, Division 1, of the Torrance Municipal Code and in the Civil Service Rules and Regulations shall be performed by the Civil Service Commission.
The duties assigned to the Personnel Director in Chapter 4, Division 1 of the Torrance Municipal Code shall be performed by the Personnel Manager.
(O-2463)
14.1.6 EXECUTIVE OFFICER.
(Amended by O-2462)
a) Appointment of Executive Officer:
1) The Civil Service Commission shall appoint an Executive Officer of the Civil Service Commission in accordance with the rules of the City for appointment of members of the classified service. The Executive Officer shall be a member of the classified service.
2) The appointment shall be subject to appeal to the City Council by any member of the City Council within fourteen (14) days after the date of appointment. In the event of such appeal, the Council may veto the appointment.
3) Notwithstanding the above provisions of this Section, the person who holds the appointment to the temporary position of Executive Officer on the date this Section becomes effective shall be conclusively deemed to have been appointed on such date to the permanent position of Executive Officer.
b) Duties of Executive Officer: The Executive Officer, subject to the direction and approval of the Civil Service Commission, shall:
1) Be the Secretary and Advisor to the Civil Service Commission;
2) Be the official upon or with whom all notices, requests for hearings, complaints, and various official documents shall be served or filed;
3) Perform such duties as are from time to time set forth in the class specification for the position.
c) Removal of Executive Officer: The Executive Officer may be suspended without pay or discharged or otherwise disciplined in accordance with Civil Service Rules and Regulations by a majority vote of the Civil Service Commission on charges brought by any member of said Commission. The Executive Officer shall have the same right of review of any other Civil Service employee of the City except that the Civil Service Commission shall appoint a Hearing Officer to conduct the hearing thereon and the Hearing Officer shall make the findings of fact, conclusions of law, and a recommendation directly to the City Council.
14.1.7 REPORTS TO CIVIL SERVICE COMMISSION.
(Amended by O-2463)
The City Manager or his designee shall report monthly or as required by Civil Service Rules and Regulations to the Civil Service Commission as follows:
a) All appointments, whether emergency, temporary, permanent or promotional.
b) All lateral transfers.
c) All refusals of appointment, together with reasons therefor, or neglect to accept appointment by a person who has been certified.
d) All suspension or reinstatements.
e) All separations from the City and their cause, if known.
f) All other matters required by Civil Service Rules and Regulations.
14.1.8 MINUTES.
(Added by O-3486)
A record shall be kept in the minutes of the time and place of each meeting of the Commission, the names of the Civil Service Commission members present, all official acts of the Commission, the votes given by the Commission members except when acts are unanimous, and when requested, a Commission member’s dissent or approval with the reasons, and the Commission shall cause the minutes to be prepared and presented for approval or amendment at the next regular meeting. Following approval a copy of the minutes of the Civil Service Commission shall be forwarded, forthwith to the City Council.
14.1.9 AMENDMENT OF THE RULES.
(Added by O-326; Amended by O-3486)
The Civil Service Commission shall, with the advice and consent of the City Council, formulate rules and regulations which, when approved by the City Council, shall govern in all matters pertaining to the Civil Service system. Any subsequent amendments to such rules and regulations may be adopted by the City Council only following a public hearing before the Civil Service Commission. The Civil Service Commission shall hold such hearing only after at least five (5) days prior public notice. All rules and regulations adopted shall be consistent with the provisions of this Article.
14.1.10 RULES AND REGULATIONS; MATTERS TO BE INCLUDED IN CONTENTS.
(Added by O-326; Amended by O-3020)
The rules and regulations, referred to in the preceding Section, shall provide for the following matters in addition to such other matters as may be necessary and proper in carrying out the intent and purposes of this Article:
a) Classification. The classification of all persons in the classified service.
b) Selection, Employment, Discharge, etc. of Persons in Service. The selection employment, advancement, suspension, demotion, discharge and retirement of all persons in the classified service.
c) Minimum Standards and Qualifications. The formulating of minimum standards and qualifications for each of the positions in the classified service to the end that no applicant will be considered for appointment or employment in the classified service who does not possess such minimum standards and qualifications.
d) Applications for Positions in Service; Consideration of Applicants, etc. The publication of notices inviting the filing of applications for positions in the classified service. No applicant shall be considered who does not possess the minimum qualifications for holding office; provided, that the Civil Service Board or Board of Review or Personnel Officer shall not establish any minimum qualification for any City employment in the classified service. Any person possessing all the minimum qualifications for the position shall be eligible to take any civil service examination, regardless of his age, and neither the Civil Service Board or Board of Review nor the Personnel Officer nor any appointing power shall adopt any rule, either written or unwritten, prohibiting the employment of any person in any City employment who is otherwise qualified therefor, solely because of his age, except that the minimum age for employment as a police officer or firefighter shall be not less than twenty-one (21) years and nothing herein contained shall prevent the City Council from fixing maximum age limits for the employment of police officers or firefighters.
14.1.11 APPROPRIATION OF FUNDS.
(Added by O-326)
The City Council shall appropriate such funds as are necessary to carry out the provisions of this Article.
14.1.12 APPOINTMENT TO POSITIONS IN CLASSIFIED SERVICE GENERALLY.
(Added by O-326; Amended by O-2908)
All appointments to positions or employments in the classified service shall be made by the City Manager or his designee. Such appointments shall be made from the applications on file with the City in accordance with the rules and regulations adopted under the authority of this Article.
a) Permanent position shall mean a position, the duties of which are not expected to terminate at any stated time.
b) Temporary position shall mean a position, the duties of which are not permanent in nature and are expected to terminate.
c) Recurrent employee shall mean any person employed on an impermanent basis for regularly recurring work.
14.1.13 ACQUISITION OF UTILITY.
(Added by O-1474)
Whenever the City has acquired a privately or mutually owned public utility, all technical and clerical employees of such utility thereupon may become members of the classified service without examination in the classification which the Personnel Director determines envelopes their duties, on condition that such employee is accepted by the department head and the City Manager and passes the physical examination required for City employment in such classification.
14.1.14 CONTRACTING FOR TECHNICAL SERVICE IN CONNECTION WITH PERSONNEL SELECTION ADMINISTRATION.
(Added by O-326)
The city council shall have the power to contract with the legislative body or board of any municipality or county within this State or with any State department for the performance by such other governmental agency of such technical service in connection with personnel selection and administration as may be desired, including the giving of examinations.
14.1.15 EXAMINATIONS TO BE OPEN AND COMPETITIVE; APPOINTMENTS TO BE MADE FROM THOSE CERTIFIED AS QUALIFIED.
(Added by O-326)
In the event examinations are held, the same shall be open and competitive. In such event appointments subsequently made shall be from those certified as being qualified as a result of such examinations and in accordance with the rules and regulations duly adopted.
14.1.16 TEMPORARY APPOINTMENTS.
(Added by O-326; Amended by O-2908; O-3020; O-3112; O-3465U)
Temporary appointments may be made by the City Manager or an appointing officer in accordance with the needs of the City.
a) Temporary appointment shall be defined as appointment to:
1) a permanent position which is vacant pending the establishment of an eligible list.
2) a permanent position which is temporarily vacant by reason of the absence of a regular employee unless such temporarily vacant position is otherwise filled as provided by this Code.
3) a temporary position whenever the needs of the service require the employment of persons for a temporary period.
b) Certification for temporary appointment shall be made from existing eligible lists in the same manner as for permanent employment, except that:
1) no person shall be certified to a position which will conflict with his temporary service in another position in the same classification.
2) the acceptance or refusal of a temporary appointment by an eligible shall not affect his standing on the eligible list for permanent employment.
3) the period of temporary service shall not be counted as part of the probationary service in case of subsequent appointment to a permanent position.
4) in the event no eligible list exists or those eligible are not immediately available, appointment may be made of persons not on the eligible list.
c) No person shall serve more than six (6) months in one or more temporary appointments to a permanent position in any twelve (12) consecutive month period.
14.1.17 Repealed by O-2534.
14.1.18 EMERGENCY APPOINTMENTS.
(Added by O-3112)
In case of an emergency, where appointment to fill a position must be made forthwith, and pending certification and appointment from an employment list as provided by this Code, an appointment to fill such position may be made without regard to these rules, the appointee to serve a maximum of fifteen (15) working days.
14.1.19 Repealed by O-2534.
14.1.20 Repealed by O-2534.
14.1.21 Repealed by O-2534.
14.1.22 Repealed by O-2534.
14.1.23 Repealed by O-2534.
14.1.24 VACANCIES DUE TO SUSPENSION, ETC. TO BE FILLED BY TEMPORARY APPOINTMENT.
(Added by O-326)
During the period of suspension of any employee or pending final action on proceedings to review a suspension, demotion or dismissal of an employee, the vacancy created may be filled by the appointing power only by temporary appointment.
14.1.25 ABOLITION OF POSITIONS; RIGHTS OF DISCHARGED EMPLOYEE IF POSITION REINSTATED WITHIN TWO YEARS.
(Added by O-326)
Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the City Council may abolish any position or employment in the classified service and discontinue the services of the employee holding such position or employment; provided, that the City Council shall be required to observe the seniority rule in putting into effect any such reduction in personnel. Should such position or employment or any position involving all or any of the same duties be reinstated or created within two (2) years, the employee discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position.
14.1.26 SOLICITING, RECEIVING AND MAKING POLITICAL CONTRIBUTIONS.
(Added by O-326; Amended by O-1056)
a) No person on an eligible list for employment in the classified service of the City or holding any position, whether temporary, probationary or permanent, in the classified service of the City shall solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any candidate for an elective public office of the City, from any other person on such eligible list or holding any position, whether temporary, probationary or permanent, in the classified service of the City, or from any other employee or elected official of the City.
b) No candidate for an elective public office of the City shall receive, or be in any manner concerned in receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, for any political purpose, whatsoever, from any person on an eligible list for employment in the classified service of the City or holding any position, whether temporary, probationary or permanent, in the classified service of the City, or from any other employee of the City.
c) No person on an eligible list for employment in the classified service of the City or holding any position, whether temporary, probationary, or permanent, in the classified service of the City or holding any other employment with the City, shall pay or agree to pay any assessment, subscription or contribution, or render any political service, whether voluntary or involuntary, to or for any candidate for an elective public office in the City.
14.1.27 Repealed by O-2316.
14.1.28 EFFECTIVE DATE.
This Article shall take effect thirty (30) days after the date of its adoption. (Adopted 5-27-41).
14.1.29 TYPE OF EXAMINATIONS.
(Added by O-1751; Amended by O-1783; O-3457)
The Civil Service Board shall determine in advance of every examination whether such examination shall be a promotional examination or an open examination or an open and promotional examination; provided, however, that an examination for a department head shall be either a promotional examination or an open examination and such determination shall be made by the City Council after recommendation by the Board. Such determination shall be recorded in the minutes of the Board and the City Council, as the case may be.
Applicants to take a promotional examination for a department head position must be actually in the City employ at the time of the examination and have completed six (6) months of actual service in either a permanent civil service position or a non-civil service position.
14.1.30 Repealed by O-2562.
14.1.40 Repealed by O-3172.
14.1.41 Repealed by O-3172.
14.1.42 Repealed by O-3172.
14.1.43 CRIMINAL CONDUCT - EMPLOYMENT ELIGIBILITY.
(Added by O-2759)
a) Subject to the provisions of subsections b) and c) of this Section, no person convicted (including convictions following pleas of guilty and nolo contendre) of a felony or convicted of a misdemeanor involving moral turpitude shall be eligible for employment by any department of the City.
b) The appointing authority shall disregard such conviction if it is determined by the City Manager or his designee that such conviction is unrelated to the performance of the duties of the classification in which the applicant is to work. The applicant may appeal an adverse determination to the Civil Service Commission.
c) The appointing authority may disregard such conviction, if it is determined by such appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, or the age of the applicant at the time of the conviction.
14.1.44 CRIMINAL RECORD DISTRIBUTION.
(Added by O-2759)
The Mayor and Members of the City Council, the Chairman and members of the Civil Service Commission, the City Manager and his designee, Assistant City Manager, Personnel Manager, Civil Service Administrator, Personnel Analyst, Affirmative Action Officer, Chief of Police, City Attorney and any of his Deputies and Assistants, and each appointing authority of the City, are hereby authorized to have access to the State Summary Criminal History Information as provided for in Section 11105 of the Penal Code of the State of California when it is required to assist such person to fulfill the employment responsibilities set forth in Section 14.1.43.
14.1.45 PROCEDURE FOR OBTAINING CRIMINAL HISTORY INFORMATION.
(Added by O-2759)
Any official authorized to have access to criminal history information as set forth in Section 14.1.43. shall make a written request therefor to the Police Department in a form provided by the Personnel Manager which shall state the name and title of the official making the request, the purpose of the request, the identification of the applicant, and the position for which he applies and such other information as the Personnel Manager may require.
14.1.46 CRIMINAL RECORD DISTRIBUTION.
(Added by O-2805)
The City Manager shall establish procedures for handling the State Summary Criminal History Information documents. Such procedures shall seek to preserve a reasonable degree of privacy in such documents and in the information contained therein.
14.2.1 CLASSIFICATION PLAN.
(Amended by O-2908; O-3486)
a) Position shall mean any office or employment in the classified service.
b) Classification of Positions: All positions in the classified service of the City shall be grouped into classes, and each class shall include those positions sufficiently similar in respect to their duties and responsibilities so that similar requirement as to training, experience, knowledge, skill and the same rates of compensation are applicable thereto.
c) Class Specifications: Class specifications, which state the main characteristics of the class, give examples of typical duties performed in positions of the class, and establish the minimum qualifications required for successful performance in such positions, shall be prepared and maintained for all classes. The class specifications shall be descriptive and explanatory but not preclude the assignment of other duties by the department heads concerned. The class specification shall be considered in its entirety and in relation to other class specifications in determining the class to which a position should be allocated.
d) Series shall mean the inclusion of one (1) or more related classes of positions under one (1) common designation.
14.2.2 CLASSIFICATION PLAN MAINTENANCE.
The Personnel Director, under the direction of the City Manager, shall be responsible for the maintenance of the classification plan. The Personnel Director’s responsibilities will include, but will not be limited to, making studies of new or changed positions, the determination of the proper class allocations, the maintenance of current class specifications, class lists and allocation records, and making recommendations on changes, additions and deletions in this Article.
14.2.3 ALLOCATION OF NEW POSITIONS; RE-ALLOCATIONS.
(Amended by O-3486)
The Personnel Director, under the direction of the City Manager, shall make recommendations concerning class specifications and position allocations to the Civil Service Commission. The Commission shall submit its action on such recommendation to the City Council. The City Council shall make the final decision.
a) Any employee shall have the right to the consideration of any request he may have with respect to a change in the classification of his position. He shall submit his request in writing to his department head, who shall make recommendations and comments as to what action should be taken. The request, with departmental recommendations, shall be submitted to the Personnel Director for review with a copy of such recommendation returned to the employee.
b) A department head or a representative of a recognized employee organization may initiate a request for a study of an individual position or positions by submitting such request to the Personnel Director for review and recommendation.
c) When new positions are created, when the duties and responsibilities of the existing positions change, or when the classification plan is amended, the Civil Service Commission shall allocate or re-allocate the affected positions in the same manner as the original allocations are made. When the classification or allocation of a position is changed in accordance with this rule and the new status of the position is approximately equal to its former status, the Civil Service Commission may approve the transfer of the incumbent of the position in its former status to the position in its new status. When the new status of such a position is higher than the former status, the Civil Service Commission may approve the promotion of the incumbent of the position in its former status to the position in its new status if the employee passes successfully a promotional examination of the same degree of difficulty as an open competitive examination for the same class.
14.2.4 SETTING OF COMPENSATION.
Compensation schedules for all employees of the City shall be established and altered by resolution of the City Council.
ARTICLE 3 - POLICE AND FIRE DEPARTMENTS GENERALLY
(O-213; O-249; O-441; O-478; O-554; O-588; O-796; O869; O-1248; O-1255; O-1445; O-1447; O-1511; O-1512; O-1540; O-1611; O-1672; O-1671; O-1751; O-1982; O-1995; O-1996)
14.3.1 ALL OFFICERS AND MEN TO BELONG TO CLASSIFIED SERVICE; PROMOTIONS GENERALLY.
(Added by O-588)
All officers and men of the Fire Department and the Police Department shall belong to the classified service and shall be appointed and promoted for no other grounds and for no other reasons than their fitness for the position to be filled; provided, however, that no member of the Fire Department and Police Department shall be eligible for promotion until he shall have served one (1) year in such department. In subsequent promotions, such member must have held the rank from which he is promoted, or have been certified as eligible therefor, at least one (1) year; provided further, however, that there shall be no such requirement for the Assistant Chief of the Police Department to qualify for any vacancy in the office of Chief of the Police Department.
14.3.2 PROMOTIONS TO BE MADE FROM ELIGIBLE LIST; METHOD OF CHOOSING; NO PERSON ELIGIBLE TO BE PASSED OVER MORE THAN TWICE IN PREFERENCE TO OTHER APPOINTMENT.
(Amended by O-796; O-3529)
Promotions in the Fire Department and in the Police Department shall be made only from the eligible list. All officers or members below the rank of Chief shall be chosen or promoted by the Chief of the Department whenever a list of eligibles shall be furnished by the Civil Service Commission. In making such an appointment, for all positions other than division heads, the appointing officer must select from one of the three highest names on the list of eligibles and no person appearing on said list may be passed over more than twice in preference to some other appointment.
14.3.3 COST OF CONDUCTING EXAMINATIONS, ETC.
(Added by O-588)
The cost of conducting examinations and other duties of the Civil Service Board shall be a charge against the general fund of the City. These costs shall be certified by the Civil Service Board and when so certified, shall be paid by the City Council in the same manner as other charges against the City.
14.3.4 EXAMINATIONS AND TESTS; PREPARATION OF ELIGIBLE LIST.
(Added by O-249)
It shall be the duty of the Civil Service Board to hold examinations and to administer other suitable tests to those desiring positions, or who are applicants for or who may have been recommended for promotion in, the classified service of the Fire Department and the Police Department, for the purpose of determining their fitness for such positions or their qualification for such promotions. From the result of such examinations and tests, the Board shall prepare a list of eligibles for all positions in the classified service of the Fire Department and the Police Department.
14.3.5 RE-EXAMINATION OF PERSONS ON ELIGIBLE LIST AFTER TWO YEARS.
(Added by O-249)
Any person carried on the eligible list for a period of two (2) years without being appointed or promoted shall be dropped from such eligible list and shall not be eligible for appointment or promotion without re-examination.
14.3.6 EXCEPTIONS AS TO ACTIVE MEMBERS UPON DATE OF ADOPTION OF ARTICLE.
(Added by O-249)
To the end that there be no disruption in the present service of the Fire Department and the Police Department, and that no undue hardship may be worked upon any member of such departments who shall have attained a certain grade or rank as a result of continuous and faithful service in such departments, all members of such departments shall be credited by the Civil Service Board with a qualifying mark both mental and physical, for entrance to the classified service of the Fire Department and Police Department to the rank, grade or position held by such members at the time of the adoption of this Article; and all members with not less than two (2) years Fire Department service shall be considered as eligible for the position of captain; and all members of such department considered as eligible for the positions of engineer and auto firemen; and all members with not less than two (2) years Police Department service shall be considered as eligible for the position of lieutenant; and all members of such department considered as eligible for the position of sergeant.
14.3.7 POLITICAL OR RELIGIOUS FAVORS OR DISCRIMINATION PROHIBITED.
(Added by O-249)
No person in the classified service, or seeking admission thereto, shall be appointed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of religious beliefs.
14.3.8 Repealed by O-2082.
14.3.9 SUSPENSION AND DISCHARGE OF POLICEMEN AND FIREMEN.
(Amended by O-1982)
The suspension from duty without pay, reduction in rank and discharge of members of the Police and Fire Departments shall be governed by the provisions of Article 1 of this Chapter 4 and Rule XIV of the Civil Service Rules and Regulations (Rules and Regulations supplementing Personnel Ord. No. 326) insofar as the provisions of said Rule XIV are not inconsistent with the provisions of said Article 1.
14.3.10 Repealed by O-1982.
14.4.1 DEPARTMENT HEADS NOT APPOINTED BY THE CITY MANAGER.
Elected:
a) City Clerk
b) City Treasurer
Appointed:
a) City Attorney
b) Finance Director
c) City Manager
14.4.2 DEPARTMENT HEADS APPOINTED BY THE CITY MANAGER.
(Amended by O-2464; O-2621; O-3111; O-3224)
a) Building and Safety Director
b) City Engineer
c) City Librarian
d) Director of Transportation
e) Fleet Services Director
f) Fire Chief
g) Information Systems Director
h) Park and Recreation Director
i) Personnel Manager
j) Planning Director
k) Police Chief
l) Street Maintenance Superintendent
m) Water System Superintendent
14.4.3 PROBATIONARY PERIOD.
(Added by O-2718)
All original and promotional appointments to department head positions, appointed by the City Manager, including the Police Chief and Fire Chief, shall be tentative and subject to a probationary period of one (1) year.
14.4.4 POST EMPLOYMENT RESTRICTIONS ON DEPARTMENT HEADS AND OTHER DESIGNATED EMPLOYEES.
(Added by O-3702)
No Head of any City Department, Assistant or Deputy Department Head, Division Head or professional member of the City Manager or City Attorney Staff shall for compensation, act as an agent or attorney for any party before a City Agency, Department, Commission, or the City Council for a period of one year after leaving employment with the City.
ARTICLE 5 - POLICE DEPARTMENT
(Added by O-249; Amended by O-1462; O-1540; O-1671; O-1672; O-1751; O-1873)
14.5.1 COMPOSITION.
(Amended by O-2081)
The Police Department of the City shall consist of a Chief of the Police Department and such captains, lieutenants, sergeants, policemen and other employees as the City Council may from time to time prescribe.
14.5.2 QUALIFICATIONS OF MEMBERS.
(Added by O-249; Amended by O-588; O-1248; O-1254; O-1255; O-1511; O-1512; O-1611)
Every police officer, at the time of appointment to the Police Department, shall be not less than twenty-one (21) years of age. Every appointee to said department, including those members who are not police officers, must possess the physical qualifications prescribed by the Civil Service Board and before his appointment must pass satisfactorily such examinations as may be prescribed by the Civil Service Board.
14.5.3 SUCCESSIVE TEMPORARY APPOINTMENTS PROHIBITED.
(Added by O-249; Amended by O-2082; O-2718; O-2769; O-2985)
Successive temporary appointments shall not be allowed.
14.5.4 POWERS AND DUTIES OF CHIEF GENERALLY.
(Added by O-249)
The Chief of the Police Department shall, subject to the approval of the City Manager, have control, management and direction of all members of the Police Department and all buildings, apparatus and equipment of such department as may be necessary in the lawful exercise of the functions of his office. He shall have full power to detail any officer or member of the Police Department to such public service as may be necessary. He shall recommend to the City Manager, members of the Police Department for demotion or dismissal, and may suspend from duty, and prefer charges against any officer or member of the Department.
14.5.5 AUTHORITY OF CHIEF TO FILL TEMPORARY VACANCIES.
(Added by O-249)
Whenever a vacancy in the Police Department above the grade of patrolman occurs, the Chief of Police may, with the approval of the City Manager, assign a member of the Department from the next lower rank to fill the vacancy until such time as that absent member shall return to duty, or the vacancy may be filled by appointment from the eligible list furnished by the Civil Service Board. The member so assigned shall, during his incumbency, receive the salary attached to the grade of position thus temporarily filled.
14.5.6 Repealed by O-2097.
14.5.7 Repealed by O-1995; O-1996.
14.5.8 POLICEMEN NOT TO RECEIVE COMPENSATION FOR SERVICE AS FIREMEN.
No officer or member of the Police Department shall be permitted, without the consent of the City Council to accept any money, gratuity or compensation for any service he may render as a member of the Fire Department.
14.5.9 REWARDS FOR HEROIC OR MERITORIOUS SERVICE.
(Added by O-249)
The City Council may, upon the recommendation of the Chief of the Police Department, reward any officer or member of the Police Department for conduct which is heroic or meritorious. The form or amount of such reward shall be discretionary with the City Council, but shall not exceed in any one instance, one months salary. The City Council may appropriate money for such rewards.
14.5.10 PAY WHILE ABSENT FROM DUTY.
(Added by O-249)
Officers and members of the Police Department shall not be allowed pay for any period for which they shall be absent from duty, except as specifically provided by this Code or by any provision of the laws of the State.
14.5.11 FALSE, MISLEADING OR UNFOUNDED REPORTS.
(Added by O-554)
No person shall willfully make any false, misleading or unfounded report to the Police Department of the City for the purpose of interfering with the operation of the Police Department or with the intention of misleading any police officer.
14.5.12 PRISONERS; LABORING ON PUBLIC WORKS.
(Added by O-558)
Every person confined in the City jail under a judgment rendered in a criminal action, in a court of competent jurisdiction, shall be required to perform labor on the public works, ways and equipment of the City under the direction of the Chief of Police.
14.5.13 PRISONERS; POWERS AND DUTIES OF CHIEF AS TO SECURITY; RULES AND REGULATIONS.
(Added by O-558)
The Chief of Police shall procure such equipment and use such means as he shall deem necessary for the security of all prisoners under his charge. He may prescribe and administer such rules and regulations as shall be deemed necessary to keep good order among the prisoners and compel them to do their work.
14.5.14 PRISONERS; TO BE TREATED WITH KINDNESS, ETC.
(Added by O-558)
Prisoners shall be treated with the kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge.
14.5.15 Repealed by O-2097.
14.5.16 TRAINING OF CORRECTIONS PERSONNEL.
(Added by O-3052)
All training of personnel assigned to Correctional duties for which application is made to the State of California for payment from the Corrections Training Fund, shall adhere to the standards for selection and training established by the Board of Corrections.
14.5.17 RECRUITMENT AND TRAINING OF PUBLIC SAFETY DISPATCHERS.
(Added by O-3440)
In compliance with the requirements of Section 13510(c), Chapter 1, of Title 4, Part 4, of the California Penal Code, the City of Torrance will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training (POST Commission) for public safety dispatchers.
14.5.18 AUTHORIZATION OF INQUIRIES.
(Added by O-3440)
The City of Torrance acknowledges that it will comply with the requirements of Section 13512, Chapter 1, of Title 4, Part 4, of the California Penal Code, which authorizes the POST Commission and its representatives to make such inquiries as they deem appropriate, to ascertain that the City of Torrance public safety dispatcher personnel adhere to standards for recruitment and training established by the POST Commission.
14.6.1 Repealed by O-3020.
14.6.2 Repealed by O-3020.
14.6.3 Repealed by O-3020.
14.6.4 Repealed by O-3020.
14.6.5 Repealed by O-3020.
14.6.6 Repealed by O-2101.
14.6.7 Repealed by O-1995; O-1996; O-2343.
14.6.8 FIREMEN NOT TO RECEIVE COMPENSATION FOR SERVICE AS POLICEMEN.
(Added by O-249)
No officer or member of the Fire Department shall be permitted, without the consent of the City Council, to accept any money, gratuity or compensation for any service he may render as a member of the Police Department.
14.6.9 REWARDS FOR HEROIC OR MERITORIOUS SERVICE.
(Added by O-249)
The City Council, may upon the recommendation of the Chief of the Fire Department reward any officer or member of the Department for conduct which is heroic or meritorious. The form or amount of such reward shall be discretionary with the City Council, but shall not exceed in any one instance one months salary. The City Council may appropriate money for such rewards.
14.6.10 Repealed by O-3020.
14.6.11 Repealed by O-3020.
14.6.12 Repealed by O-3020.
14.6.13 Repealed by O-3020.
14.6.14 Repealed by O-3020.
14.6.15 Repealed by O-3020.
14.6.16 Repealed by O-3020.
14.6.17 Repealed by O-2101.
14.7.1 BUREAU OF FIRE PREVENTION ESTABLISHED.
The Bureau of Fire Prevention in the Fire Department of the City of Torrance is hereby established; it shall be operated under the supervision of the Fire Department of the City of Torrance, and shall enforce the Uniform Fire Code.
14.7.2 APPOINTMENT OF CHIEF OR FIRE MARSHAL IN CHARGE OF BUREAU.
The Chief or Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Chief Engineer. His appointment shall continue during good behavior and satisfactory service.
14.7.3 ARSON INVESTIGATORS.
(Amended by O-1844; O-3383)
The Fire Chief, the Hazardous Materials Officer, the Fire Marshal, each member of the Fire Prevention Bureau, and any member of the Fire Department assigned to arson investigations, are hereby designated as members of an Arson Investigation Unit of the Torrance Fire Department.
14.7.4 INSPECTORS.
The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager, the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause.
14.8.1 EMPLOYEE RELATIONS OFFICER; POWERS AND DUTIES.
a) The City Manager shall be officially designated representative of the City Council in all employer-employee relations matters, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment.
b) The City Manager may delegate to any management employee as defined in this Article any powers and duties conferred on him by the provisions of this Article.
14.8.2 DEFINITIONS.
(Amended by O-3119)
As used in this Article, the following terms shall have the meanings indicated:
a) Recognized employee organization or recognized employee representative means employee organization, or its duly authorized representative, that has been certified by the Employee Relations Committee of the Civil Service Commission, as representing the majority of the employees in an appropriate representation unit.
b) Committee means the Employee Relations Committee of the Civil Service Commission.
c) Confidential employee means any employee who is privy to decisions of City management affecting employee relations.
d) Consult means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
e) City means the City of Torrance, California, a body corporate and politic and chartered under the laws of the State of California and where appropriate herein, City refers to the City Council, the governing body of said City, or any duly authorized management representative as herein defined.
f) Employee means any person employed by the City in a permanent position.
g) Employee organization means any registered employee organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City.
h) Employee relations means the relationship between the City and its employees and their employee organizations, or when used in general sense the relationship between management and employees or employee organizations.
i) Representation Unit means a unit established pursuant to Section 14.8.11. of this Article.
j) Fact-finding or advisory arbitration means identification of the major issues in a particular dispute, review of the positions of the parties, resolution of factual difference by one or more impartial fact-finders, and the making of recommendations for settlement if requested by either party.
k) Impasse means a failure to reach agreement over a protracted period of time between a recognized employee organization and the City over any matter within the scope of representation, or over the scope of such matter at issue.
l) Management employee means an employee of the City who is designated by the City Manager to represent the City in Meet and Confer, who can resolve grievances, and who can effectively recommend discipline and appointment of personnel. Such shall include the City Manager, his assistants, the department heads and division heads who have included in their responsibility acting for the department head in his or her absence.
(O-2209; O-3119)
m) Mediation means the efforts of an impartial third person or person functioning as an intermediary, to assist the parties in reaching a voluntary resolution to an impasse.
n) Meet and confer in good faith means performance by duly authorized management representatives and duly authorized representatives of a recognized employee organization of their mutual obligation to come together in person at reasonable times to exchange ideas and to attempt to reach agreement on issues involving wages, hours, and other terms and conditions of employment, and includes the mutual obligation to execute a written Memorandum of Understanding incorporating any agreement reached. This obligation does not compel either party to agree to a proposal or to make concession.
o) Memo of understanding means a written document jointly prepared by management and a recognized employee organization or organizations enumerating any agreement reached as the result of meeting and conferring in good faith on matters within the scope of representation, and signed by the parties involved.
p) Article means, unless otherwise specified herein, Article 8 of Chapter 4 of the Torrance Municipal Code.
q) Professional means either:
1) A classification of employees engaged in work (i) predominately intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the constant exercise of discretion and judgment in its performance; and (iii) requiring knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or
2) A classification of employees who (i) have completed the courses of specialized intellectual instructions and study in clause (iii) of item 1) of this paragraph; and (ii) are performing related work under the supervision of a professional person in order to qualify to become a professional employee as defined in item 1) of this paragraph.
r) Registered employee organization means any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City, and which has complied with the requirements of Section 14.8.10 of this Article.
14.8.3 EMPLOYEE RIGHTS.
Employees of the City shall have the exclusive right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including, but not limited to wages, hours, and other terms and conditions of employment. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights.
14.8.4 CITY RIGHTS.
The City shall have the exclusive right to determine the mission of each of its departments, commissions, boards and agencies, set levels of service to be performed, direct its employees, exercise control and discretion over its organization and operations, and determine the methods, means, and personnel by which the City’s operations are to be conducted, and the levels of service met; provided, however, that the exercise of such rights does not preclude employees or their representatives from meeting and consulting with management or filing grievances about the consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
14.8.5 SCOPE OF REPRESENTATION.
The scope of representation includes all matters affecting employee relations, including, but not limited to wages, hours, and other terms and conditions of employment within a representation unit.
14.8.6 EMPLOYEE RELATIONS COMMITTEE.
There is hereby established a three (3) member standing committee of the Civil Service Commission to be known as the Employee Relations Committee.
a) The Committee shall be appointed by the Chairman of the Civil Service Commission but shall not include the Chairman.
b) The Committee shall elect a Chairman and shall meet, after proper public notice, as required by the provisions of this Article or at the call of the Committee Chairman.
c) Each of the parties involved in any dispute before the Committee shall have the right to preemptorily challenge one (1) Committee member, who shall then be removed from the Committee while the Committee is considering the pending matter.
d) The Chairman of the Civil Service Commission shall appoint a temporary replacement for the challenge committee member to serve while the committee is considering the pending matter.
14.8.7 POWERS AND DUTIES OF EMPLOYEE RELATIONS COMMITTEE.
(Amended by O-2652)
The Employee Relations Committee of the Civil Service Commission shall have the following duties and powers:
a) To determine in disputed cases, or otherwise to approve appropriate representation units.
b) To investigate charges of unfair employee relations practices for violations of the Article, and upon proper notice, to take such action as the Committee deems necessary to effectuate the policies of this Article, including, but not limited to, the issuance of cease and desist orders.
c) To consider and decide issues relating to rights, privileges, and duties of a recognized employee organization in the event of a merger, amalgamation or transfer of jurisdiction between two or three recognized employee organizations.
d) Assignment of new classifications: Each newly established classification shall be proposed to the Employee Relations Committee for assignment to an appropriate representation unit by the City Manager or his designee, after appropriate prior notification and consultation with all registered and recognized employee organizations. If a registered or recognized employee organization challenges the assignment, the Employee Relations Committee shall hold a public hearing to consider and decide the issue of assignment to an appropriate representation unit in the manner prescribed in Section 14.8.11. If there is no challenge the classification shall be assigned to an appropriate unit by the Employee Relations Committee.
e) To take such other action, upon proper notice, as the Committee deems necessary to effectuate the policies of this Article.
14.8.8 CITY SERVICES TO EMPLOYEE RELATIONS COMMITTEE.
The City shall provide reference periodicals, books, equipment and supplies for the Employee Relations Committee, subject to City Council approval. The City also shall provide recording and transcription services for all public hearings conducted by the Committee.
14.8.9 CONFLICT OF INTEREST.
If at any time any employee relations matter comes before the Committee in which any Committee member has any interest, direct or indirect, other than that of a taxpayer, said member shall publicly so state and his statement shall be recorded in the minutes of the meeting. He shall thereafter be disqualified from participating in the consideration of said matter.
14.8.10 REGISTRATION OF EMPLOYEE ORGANIZATION.
a) Application for registration: A group of employees that desires to be registered as an employee organization shall file with the Committee a statement, signed by its presiding officer, showing:
1) Name and mailing address of the organization.
2) Names, titles and terms of office of officers.
3) A copy of its constitution and/or bylaws.
4) Verification of employee membership in the organization which may be shown by employee organization’s payroll dues deduction authorization, or individually signed representation authorization cards, or other appropriate means.
5) A designation of those persons, to whom notice sent by United States mail will be deemed sufficient notice on the organization for any purpose, except service of legal process.
b) Notification of registration: Upon receipt of all the information required by subsection a) of Section 14.8.10, the Committee shall, in writing, notify the organization that it has been registered as an employee organization. A copy of this notice shall be filed with the City Manager and with any other registered employee organization requesting such notice.
14.8.11 ESTABLISHMENT OF REPRESENTATION UNITS.
a) Petition. Establishment of a representation unit is initiated by petition of employees within the proposed unit.
1) The petition for representation must be accompanied by proof of employee approval equal to at least thirty (30) percent of the employees within the proposed unit.
2) The petition shall be filed with the Committee.
3) The Committee shall give notice of the filing to the City Manager and to the employees in the proposed unit and to any person or employee organization that has filed a written request for such notice.
4) A petition for the establishment of a representation unit may be combined with a petition that seeks to certify an employee organization as a recognized employee organization.
5) The petitions shall bear the signature of each employee so petitioning and that employee’s class title and department.
b) Challenge by employee organization:
1) If an employee organization desires to challenge the appropriateness of the proposed representation unit and seeks to establish a different unit, it shall file a petition with the Committee with in thirty (30) calendar days of the filing of the original petition requesting a unit determination.
2) The petition must be accompanied by proof of employee approval equal to at least thirty (30) percent of the employees in the unit requested by the challenging organization.
3) The petitions shall bear the signature of each employee so petitioning and that employee’s class title and department.
c) Challenge by City Manager. If the City Manager decides to challenge the appropriateness of the proposed representation unit, he shall within thirty (30) calendar days of the filing of the original petition file a petition with the Committee requesting a determination.
d) Certification of Unit. If there has been no petition filed within the time specified challenging a petition to establish a representation unit, the Committee shall certify that the representation unit has been established.
e) Amendment of petitions:
1) If a challenge is lodged, the Committee shall notify the original petitioner in writing.
2) The original petitioner may amend the petition and resubmit it in accordance with subsection 1a) of this Section.
3) Upon the filing of an amended petition the original petition shall be deemed revoked and the amended petition shall be considered on its own merits as if originally filed.
f) Determination of dispute.
1) If a challenging petition has been duly filed, and the challenge has not been resolved by amendment or withdrawal, the Committee shall conduct a hearing on the petition and shall determine the appropriate representation unit or units.
2) In the determination of appropriate representation units the principal criterion shall be whether there is a community of interest among the employees. The following factors, among others, are to be considered in making such determination:
i) which unit will assure employees the fullest freedom in the exercise of rights set forth under this Code;
ii) the history of employee relations, in the unit, among other employees of the City, and in similar public employment;
iii) the effect of the unit on the efficient operation of the City and sound employer-employee relations;
iv) the extent to which employees have common skills, working conditions, job duties or similar educational requirements;
v) the effect on the existing classification structure of dividing a single classification among two (2) or more units; provided, however that no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.
3) In the establishment of representation units, professional employees shall not be denied the right to have a representation unit composed solely of such professional employees.
4) The Committee shall conduct a hearing on each contested representation unit only after first giving the registered employee organizations concerned and the City Manager reasonable notice of the time and place of such hearing. The Committee may require the parties concerned to submit such additional information or material as it deems proper and necessary. The Committee shall make the decision on the appropriate unit and issue the notice thereon. Notice shall be given to employees of the unit, all registered employee organizations, the City Manager and the City Clerk. The Committee decision shall be final, subject to the provisions of subsection g) of this Section.
5) In the course of the hearing if an agreement between the parties is reached the agreement of the parties involved on the representation unit is subject to the Committee’s concurrence that such unit is appropriate.
6) The Committee shall resolve any dispute concerning the relationship between existing representation units involving the addition of new classes to, or the deletion of classes from, the classification plan.
g) If any registered employee organization which has lodged either an original petition for unit determination or a challenging petition is dissatisfied with a decision of the Committee with respect to the appropriateness of a representation unit, it may request mediation through the State Conciliation Service. Pending such mediation, the matter shall not be finally resolved by the Committee.
14.8.12 RECOGNITION OF EMPLOYEE ORGANIZATION.
(Amended by O-2491; O-2948)
a) Petition:
1) A registered employee organization that seeks certification as a recognized employee organization shall file a petition with the Employee Relations Committee. The petition shall identify the representation unit requested or established pursuant to Section 14.8.11. for which petitioner seeks recognition. The petition shall be accompanied by proof of membership within the representation unit.
2) A petition accompanied by proof of employee approval of less than thirty (30) percent of the employees within the unit shall not be accepted.
b) Challenge:
1) The Committee shall give written notice of the filing of a petition to the employees involved, and to any employee organization that has filed a written request for the receipt of such notice.
2) Within thirty (30) calendar days of the date of such notice, another registered employee organization may file a challenging petition seeking to become the recognized employee organization within the representation unit.
c) Election:
1) If a petition is filed, the Committee shall request the City Clerk or the State of California Conciliation Service to call and conduct a secret ballot election pursuant to subsection 12d) which shall be done without undue delay.
2) If a challenging petition is filed against a petition and is accompanied by proof of employee membership equal to at least ten (10) percent of the employees within the representation unit, the Committee shall request the City Clerk or the State of California Conciliation Service to include the challenging registered employee organization on the ballot.
3) In the absence of a challenging petition, the Committee may determine recognition on the basis of an authorization card check or similar proof of membership as may be determined to be appropriate. The City Manager or registered employee organization which is a party to the recognition proceedings shall be entitled to a secret ballot election provided a written request for an election is filed with the Committee prior to certification.
d) Election procedure:
1) Whenever the City Clerk or the State of California Conciliation Service calls an election pursuant to this Article, the ballot shall include the choice No organization.
2) Employees entitled to vote in a representation election shall be those employees within the representation unit whose names appeared as employees on the City payroll for the payroll period ending immediately prior to the date of election.
3) In an election where none of the choices receives a majority of the valid ballots cast, a run-off election shall be conducted between the two (2) choices receiving the largest number of ballots cast.
4) A recognized employee organization shall be certified to the Committee by the City Clerk or the State of California Conciliation Service as the recognized organization for the representation unit if the majority of those casting voting ballots at the election choose said organization.
5) There shall be no more than one (1) representation election in a twelve (12) month period with in the same representation unit.
e) Decertification Procedure: A decertification petition may be filed with the Committee by employees or a registered employee organization to determine whether or not a recognized employee organization shall continue to represent the employees in a representation unit.
1) Such petition must be accompanied by proof of employee approval equal to at least thirty (30) percent of the employees within the representation unit.
2) Such petition may be received by the Committee only within the ninety (90) calendar day period immediately preceding the second and thereafter the annual anniversary date of recognition.
A valid written agreement between the City and a certified employee organization or council of employee organizations covering the wages, hours and/or other terms and conditions of employment of employees in an appropriate representation unit shall bar the filing of a Petition of Certification or a Petition for Decertification of a recognized employee organization for such unit during the term of such written agreement, not exceeding three (3) years. A Petition of Decertification may only be filed during a period beginning not earlier than one hundred fifty (150) calendar days and ending not later than ninety (90) calendar days before the expiration date of any such written agreement.
3) No decertification petition for the same unit shall be entertained by the Committee more frequently than once in one (1) year.
4) When such a valid petition has been filed, the Committee shall request the City Clerk or the State of California Conciliation Service to conduct an election to determine whether or not the recognized employee organization shall be decertified and when filed by a registered employee organization, whether such organization shall be recognized.
5) The incumbent recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification, or in appropriate cases if a majority vote for the petitioning registered employee organization.
6) In the absence of decertification, the certification of the recognized employee organization shall continue on a year to year basis.
14.8.13 GRIEVANCES.
a) Definition. A grievance is a complaint by an employee or a group of employees, concerning the application or interpretation of ordinances, rules, policies, practices or procedures affecting employees.
b) Scope. Except as provided in subsection e) this procedure shall be used to resolve every grievance for which no other methods of solution is required by law; provided, however, that it shall not include a complaint arising from disciplinary action unless no review of such disciplinary action is otherwise provided in this Code.
c) Procedure:
1) First Step:
i) The aggrieved employee and/or any person or persons chosen by the employee shall meet and confer with the employee’s immediate supervisor at a reasonable time;
ii) The grievance may be presented orally;
iii) The immediate supervisor may ask one of his superiors to participate excluding the department head;
iv) If a grievance is not resolved by the end of the third full working day (3 shifts in the Fire Department) after being received by the immediate supervisor, the employee may appeal in writing to his department head;
v) If the grievance is against a department head the employee shall meet and confer with the City Manager at a reasonable time.
2) Second Step:
i) The aggrieved employee and/or his representatives shall meet and confer with the employee’s department head at a reasonable time;
ii) The department head may require the employee’s superiors to be present at such conference;
iii) If the grievance is not resolved by the end of the third full working day after being received by the department head (3 shifts in the Fire Department), the employee may appeal in writing through the City Manager to an Employee Appeals Board established to hear such grievance pursuant to the provisions of subsection d) of this Section.
3) Third Step:
i) Within three (3) working days after receipt of an appeal from the decision reached at the second step, the City Manager shall convene an Employee Appeals Board as provided in subsection d);
ii) The Board shall conduct an informal hearing on the matter;
iii) The City Attorney, upon request of the Board, shall provide an attorney to act as legal advisor to the Board;
iv) The Board may continue the hearing from time to time, but not to exceed thirteen (13) working days after receipt of an appeal from the second step;
v) The proceedings of the Board shall be recorded;
vi) The decision of the Board shall be final and shall be implemented by the City Manager. There shall be no appeal to the Civil Service Commission, to the City Council, or to any other board or official of the City of Torrance.
d) Employee Appeals Board:
1) An Employee Appeals Board shall consist of the following personnel: one (1) person chosen by the aggrieved employee, except any person who represented the employee regarding the grievance; one person chosen by the City Manager except one in the normal line of supervision over the employee or a department head; and a third person chosen by the other two (2) members who shall act as Chairman.
2) The Chairman shall be chosen from a list composed of ten (10) names, five (5) submitted by each of the other two (2) members.
3) If agreement on a Chairman cannot be reached, each of the other two (2) members shall strike four (4) names from the list and the Chairman shall then be chosen by lot from the remaining two (2) names.
e) General:
1) All time periods specified in this Article may be extended by mutual consent of the aggrieved employee or his representative and the management representative involved.
2) The aggrieved employee and his representative shall be allowed sufficient time to participate in the grievance proceedings without loss of compensation or other benefits.
3) A copy of the Board’s decision shall be sent to the aggrieved employee, to his department head, to the City Manager, to the City Clerk and to the City Council.
f) Reservation of Jurisdiction. Notwithstanding the preceding provisions of this Section, the Employee Appeals Board shall not have any jurisdiction to hear and decide any grievance where such decision would constitute an interference with the powers and duties of the City Manager as provided in Section 5 of Article 7 of the City Charter or of the Civil Service Commission as provided elsewhere in this Code, nor shall the Employee Appeals Board have jurisdiction to hear and decide any other matter which is outside the scope or the authority granted to the City Council by the provisions of the City Charter or the Constitution of the State.
g) The provisions of this section shall not apply to the employees in any representation unit where management and the representatives of the recognized employee organization for that unit have entered into a memorandum of understanding, which is subsequently approved by the City Council, covering grievance procedures.
(O-2292)
14.8.14 MEET AND CONFER IN GOOD FAITH.
a) Upon request, a recognized employee organization shall have the right to meet and confer in good faith at a reasonable time regarding wages, hours and other terms and conditions of employment with management.
b) If agreement is reached by management and a recognized employee organization or recognized employee organizations, on matters subject to approval by the City Council, they shall jointly prepare a written and signed memorandum of such understanding, and present it to the City Council for determination. If agreement is reached on matters not subject to approval by the City Council, those conferring shall jointly prepare a written and signed memorandum of such agreement which shall be filed with the City Clerk.
14.8.15 AVAILABILITY OF DATA.
a) To facilitate discussions, the City shall provide to recognized employee organizations concerned, the published data it regularly has available concerning subjects under negotiation, including data gathered concerning salaries and other terms and conditions of employment provided by comparable public and private employers.
b) If an election for certification as the recognized employee organization in an appropriate representation unit has been ordered, the City Manager shall provide, upon request by an employee organization which has qualified to be included on the ballot, a list of the names and departments of employees in the unit. Said list shall be provided not later than thirty (30) calendar days prior to the date of said election.
14.8.16 ATTENDANCE AT MEETINGS.
a) A reasonable number of City employees, not to exceed three (3) except by mutual agreement, acting as representatives for recognized employee organizations shall be allowed reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of management on matters within the scope of representation.
b) Attendance at meetings by employee representatives outside the City may be authorized but at no cost to the City for salaries or other expenses related to attendance at such meetings unless approved by City Council.
14.8.17 EMPLOYEE REPRESENTATION.
Employee organizations may represent their individual employee members in individual employment relations, including grievances, with respect to all matters within the scope of representation.
14.8.18 MANAGEMENT AND CONFIDENTIAL EMPLOYEES.
No management or confidential employee may participate in a meeting on a matter within the scope of representation as a representative of a recognized employee organization unless representing solely management and/or confidential employees.
14.8.19 PROMPT ATTENTION TO REQUEST.
a) Representatives of management shall acknowledge in writing, within five (5) working days, any written request for consideration of a matter by a recognized employee organization, and shall attempt a resolution of any problem within the scope of representation within a reasonable period of time.
b) Representatives of a recognized employee organization shall acknowledge in writing, within five (5) working days, any written request for consideration of a matter by management, and shall attempt a resolution of any problem within the scope of representation within a reasonable period of time.
14.8.20 COMMUNICATION WITH EMPLOYEES.
a) A recognized employee organization which represents employees of a City department shall be allowed by that department reasonable use of space on available bulletin boards for communications.
b) A recognized employee organization may distribute material to all employees through city-wide facilities of communication.
c) Any representative of a recognized employee organization shall give oral notice to the department head or his designated representative when contacting departmental employees on City facilities during the duty period of the employees; provided, however, that solicitation for membership or other internal employee organization business shall be conducted during the non-duty hours of all employees concerned except as indicated in subsection d) of Section 14.8.20. Prearrangement for routine contact may be made on an annual basis.
d) Internal employee organization business may be conducted during the duty period of the employees where the differences in shifts, watches or scheduling necessitates it. Employees involved in such internal employee organization business during the duty period shall be allowed reasonable time to participate without loss of compensation or other benefits.
14.8.21 USE OF CITY BUILDINGS.
City buildings and other facilities may be made available for use by a recognized employee organization or its representatives in accordance with administrative procedures governing such use.
14.8.22 ADVANCE NOTICE.
a) Each employee organization affected shall be given reasonable advance written notice of any ordinance, rule or regulation, or proposal directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and consult with the appropriate level of management prior to adoption.
b) Whenever management communicates in writing to an employee or employees, a management decision or proposal which might affect the working conditions, personnel, management practices or other employee - management relationships, it shall concurrently send such notice to the appropriate recognized employee organization.
14.8.23 PAYROLL DEDUCTIONS.
Payroll deductions shall be made for membership dues to registered employee organizations in accordance with applicable law and City rules.
14.8.24 RESOLUTION OF IMPASSE ON AGREEMENT TERMS.
(Amended by O-3747)
a) If the appropriate management representatives and the representatives of a recognized employee organization reach an impasse, either party may, within 5 working days of impasse, notify the other party that the matter is to be submitted for mediation to the California State Conciliation Service. All mediation proceedings will be private. The mediation must be completed within 60 days of submitting the request to the California State Conciliation Service except by mutual agreement of both parties. Failure to schedule and mediate within 60 days will move the matter to the City Council, as described in subsection (e) below.
b) Either party may request fact-finding within 5 working days in accordance with this section in connection with any disputed matter after completion of mediation. The fact-finding must be completed within 120 days after completion of mediation except by mutual agreement of the parties. Failure to schedule and obtain the fact-finding report within 120 days after completion of mediation will move the matter to the City Council, as described in subsection (e) below.
c) A fact-finder so requested shall be selected by the parties from a list of arbitrators supplied by the California State Conciliation Service.
1. The recommendation of the fact-finder will be limited to the issues originally referred for dispute settlement.
2. Fact-finding proceedings will be private.
3. The fact-finding report will be filed with the parties.
d) The fees and expenses of the mediator and fact-finder will be shared equally by the parties involved. The City will furnish meeting space and recordings and transcribing services when requested for such proceedings.
e) If the appropriate management representatives and the representatives of a recognized employee organization are unable to reach agreement during mediation or fact-finding, the matter will be submitted to the City Council for resolution.
14.8.25 UNFAIR EMPLOYEE RELATIONS PRACTICES.
a) It shall be an unfair employee relations practice for the City:
1) To interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Article;
2) To dominate or interfere with the formation of any employee organization or contribute financial support to it, provided that the City may permit the use of City facilities, make payroll dues deductions, and permit employees who are officers or representatives of employee organizations to confer with City officials during working hours without loss of time or pay, subject to applicable regulations;
3) To refuse to meet and confer in good faith with representatives of recognized employee organizations on matters within the scope of representation.
b) It shall be unfair employee relations practice for employee organizations or their representatives or members:
1) To interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this Article;
2) To refuse to meet and confer in good faith with City officials on matters within the scope of representation when the employee organization involved has been certified as a recognized employee organization.
c) With respect to the impasse procedures set forth in Sec. 14.8.24. of this Article, it shall be an unfair employee relations practice for either the City or a recognized employee organization to fail or refuse to cooperate with any mediators or fact-finders involved.
d) Charges of violations of this Section or of this Article, or of applicable rules or regulations may be initiated by a management representative, or by a representative of any employee organization. Such charges shall be filed in writing with the Employee Relations Committee. Each charge so filed shall be processed in accordance with the rules and regulations of the Employee Relations Committee.
e) If the Committee’s decision is that the City has engaged in an unfair employee relations practice or has otherwise violated this Article or any rule or regulation issued thereunder, the Committee shall direct the City to take appropriate corrective action. If compliance with the Committee’s decision is not obtained within the time specified by the Committee, it shall so notify the other party, which may then resort to its legal remedies.
f) If the decision is that an employee organization or its representatives or members have engaged in an unfair employee relations practice, or have otherwise violated this Article or any rule or regulation issued thereunder, the Committee shall direct the offending party to take appropriate corrective action. If compliance with the Committee’s decision is not obtained within the time specified by the Committee, it shall so notify the City Manager who may then take appropriate action, subject, however, to appeal to the Committee by the affected party.
14.8.26 ADMINISTRATION.
In order to implement and coordinate the policies and procedures set forth in this Code, the City shall have authority to adopt rules and regulations not inconsistent with law, including this or any other City ordinance, which shall be applicable to any or all departments, agencies or boards of the City in establishing and enforcing the employee relations program provided for herein. Nothing in this Article shall prevent the City Manager from promulgating regulations, governing relations between the City and registered employee organizations not certified as recognized organizations by the Commission.
14.8.27 CONSTRUCTION.
a) Nothing contained in this Article shall abrogate any ordinance or any written agreements between any employee organization and the City in effect on the effective date of this Article. Agreements shall continue in effect unless modified or rescinded by mutual agreement of the parties hereof.
b) Nothing in this Article shall be construed to deny any person or employee the rights granted by the Constitution, the laws of the United States of America and of the State of California, and the City Charter.
c) The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Article.
d) The provisions of this Article are not intended to conflict with the provisions of Chapter 10, Division 1 of the Government Code of the State of California (Section 3500, et seq.) as amended in 1968.
e) Nothing in this Article shall be construed to restrict or in any way modify the right of an individual employee to present matters involving his employment relationship to the appropriate level of management, provided that any action taken is not inconsistent with the terms of an agreement then in effect, and that before any action is taken which could affect the terms and conditions of employment of other employees in the bargaining unit such proposed action is communicated to the recognized employee organization for its opinion on the merits and the effect of the proposed action.
14.11.1 FILING APPLICATION.
Any person shall be admitted to examination who has filed an application therefore, within the period prescribed in the public notices thereof and upon the form furnished by the Commission and whose application has not been debarred for cause in accordance with the provisions of these rules.
14.11.2 TIME OF FILING APPLICATIONS.
Applications shall not be accepted until an examination for the position sought has been announced, except in the case of persons employed in a temporary capacity pending examination and in accordance with the provisions of these Rules and Regulations. Applications may be filed unofficially prior to announcement of examinations. Applications shall be marked with date and time filed.
14.11.3 REJECTED APPLICATIONS.
Whenever an application is rejected, notice of such rejection with reasons therefore shall be given to the applicant in writing. Persons whose applications have been rejected because they were incomplete or defective may call at the office designated for the receipt of applications in the bulletin announcing the examination and amend their applications provided an amendment is made before the day of examination.
14.11.4 PERSONS EXCLUDED.
No person in any manner concerned in receiving applications or in preparing, conducting or holding an examination shall apply for such examination.
14.11.5 LATE APPLICANTS.
No late applicant in any written test or an assembled examination shall be admitted after any applicant, having signified his intention to withdraw from the examination or having completed his work, has left the examination room.
14.11.6 FAILURE TO APPEAR.
When an applicant is unable to appear for an oral interview, or for any test in an examination (except written tests), at the time designated for him to appear, or at any time during the progress of the test or oral interview and it becomes evident to the Civil Service Commission that a good reason exists for such non-appearance, the Commission may direct that the oral interview or test be given the applicant at a time to be fixed by the examiner having charge of the examination.
14.12.1 PREPARING AND CONDUCTING EXAMINATIONS.
The Commission shall prepare, or have prepared under its direction, all examinations.
14.12.2 PUBLIC NOTICES.
A written or printed notice of examination shall be posted at the following places within said City, to wit: on the bulletin board at the United States Post Office, on the bulletin board at the Torrance Public Library, and on the official bulletin board in the City Hall of said City. Public Notices of the examination shall be given at least one (1) week prior to the date thereof.
14.12.3 POSTPONEMENT OF EXAMINATIONS.
Examinations may be postponed by order of the Commission.
14.12.4 SUBJECTS, WEIGHTS AND GENERAL AVERAGE.
a) Subjects, Weights and Grades. All examinations shall embrace certain subjects to which weights shall be assigned. The weight given to each subject shall represent its relative value in ascertaining the fitness of the applicant. Each subject shall be graded independently. The examination grade shall be multiplied by the weight assigned to such subject and the sum of the resulting products shall be divided by the total weights of all subjects in the examination. The resulting quotient shall be the final grade which shall determine the order in which the name of the applicant shall appear on the eligible list.
b) Passing Grades. Unless otherwise provided in notices posted prior to holding the examination a grade of seventy (70) on each portion of the examination and an overall final grade of seventy (70) must be obtained to pass the examination. Conversion formulas may be used when deemed desirable.
14.12.5 SPECIAL EXAMINERS, RETURNS AFTER EXAMINATIONS.
The Commission may call upon other persons to draw up, conduct, or mark examinations. Any special examiner who shall knowingly or willfully neglect, refuse or fail to mark applicants according to the rules, or who shall be guilty of fraudulent or improper conduct in connection with an examination, shall be removed and be disqualified from serving again as a special examiner and shall forfeit any right to compensation.
It shall be the duty of special examiners to make returns within thirty (30) days, if possible, after holding an examination.
14.12.6 PROMOTIONS.
a) Promotion Based on Examination. All promotions to a higher class and appointments to another class, except as otherwise provided in these rules, shall be made from eligible lists created by competitive examination in the same manner as prescribed for original appointments.
b) Rules Governing Promotional Examinations. The rules governing promotional examinations shall be the same as those governing original entrance examinations except as herein provided; and except that no credit will be allowed for veteran’s preference in a promotional exam.
c) Selection for Promotion. No person appearing on an eligible list may be passed over in preference to some other appointment made from the same eligible list without approval of the City Manager or a designated representative of the City Manager.
14.12.7 TYPES OF PROMOTIONAL EXAMINATIONS.
Examinations for the creation of eligible lists for the higher positions in the competitive service of the City shall be ordered as often as may be necessary to meet or anticipate the needs of the higher class. Such examinations shall be known as:
a) Departmental Promotional. Limited to eligible employees of the department embracing the position for which the examination shall be given unless there are four (4) employees filed and accepted except when specifically approved by the Civil Service Commission.
b) Interdepartmental Promotional. Open to eligible employees in the classified service.
14.12.8 ELIGIBILITY FOR PROMOTIONAL EXAMINATIONS.
No person shall be eligible to take either of said promotional examinations unless actually in the City employ at the time of examination or on leave of absence and the employee has completed six (6) months of actual service after permanent appointment.
14.12.9 CREDIT FOR SENIORITY.
In promotional examinations there shall be added the subject "Seniority" with weight not less than one-twentieth of the total weight of all subjects.
The marking to be entered for Seniority shall be not less than one-tenth of one (1) percent nor more than five (5) percent of the total credits specified for said examination and shall be determined from the record of the employee’s service. For the completion of six (6) months of service there shall be given a credit of one-tenth of one (1) percent of the total credits specified for the examination, and a like amount shall be added for each additional calendar month of service thereafter, provided, however, that the total credit for seniority thus determined shall not exceed five (5) percent of the total credits specified for the examination.
For the purpose of computing seniority credit, active service shall include all time during which the employee is carried on the payroll of the City, time worked for the City in any classification in any department, and in addition thereto, all time during which the employee has been absent from duty as a result of:
a) Sickness or injury suffered or sustained within the course and scope of employment;
b) Voluntary or involuntary service in the armed forces of the United States during war or national emergency proclaimed by the President or Congress;
c) Involuntary service in the armed forces of the United States under any act of Congress providing for induction or conscription;
d) Involuntary or voluntary service in the armed forces of the United States as a member of any reserve component or of the California National Guard not in excess of thirty (30) days per year.
14.12.10 PROMULGATION OF EXAMINATIONS.
(Amended by O-3529)
No examination shall be deemed to have been completed until the markings and results have been determined, and the Civil Service Administrator has promulgated the same and announced the results to the candidates. No person taking an examination shall acquire any rights whatsoever until the eligible list has been promulgated.
14.12.11 INSPECTION OF EXAMINATION PAPERS.
The examination papers written by an applicant shall be open to inspection by the applicant or an agent authorized by the applicant for a period of thirty (30) days after the date of promulgation of the eligible list, and the applicant shall be informed of the separate ratings if requested.
Examination papers of applicants are not subject to inspection by the public nor by other applicants, and the references and oral rating sheets shall be deemed confidential and shall not be open to inspection by the applicant nor by the public.
14.12.12 APPEALS.
An applicant may, within ten (10) days of the promulgation of an eligible list by the Civil Service Commission, appeal in writing from any part of the examination but no appeal shall be considered unless the appellant states specific reasons for appealing. All appeals and all correspondence relating thereto shall be referred to the Civil Service Commission for consideration.
In considering an appeal, the Commission may permit the appellant to be heard and after consideration of the entire matter the Commission shall make its decision and determine the final rating of the applicant, which determination shall be final for all purposes.
14.16.1 PREPARATION OF ELIGIBLE LIST.
(Amended by O-2875; O-3486; O-3529)
Following the determination of the result of any examination together with the review of all appeals in the adjustment of the final rating for applicants, if any, the Civil Service Administrator shall prepare a copy of the eligible list or lists for the class of positions for which the examination was given. The eligible list shall contain the names, scores and order of standing of applicants. If the examination was a promotional examination, a promotional eligible list shall be created. If the examination was an open examination, an open eligible list shall be created. If the examination was both an open and promotional examination, a promotional eligible list and an open eligible list shall be created. The eligibles shall be ranked on the appropriate list in the order of their final grade.
14.16.2 ORDER OF NAMES ON ELIGIBLE LIST.
(Added by O-2875; Amended by O-3486)
The names of eligibles shall be entered upon the list in the order of their standing in the examination. Whenever two (2) or more eligibles shall have the same average percentage, priority of receipt of application shall determine their respective standings on the eligible list.
14.16.3 DURATION OF ELIGIBLE LIST.
(Added by O-3088; Amended by O-3486)
When, in the opinion of the Civil Service Commission a real emergency exists, any eligible list may be terminated. Except when otherwise ordered, the period of eligibility for any eligible list shall be two (2) years from date of promulgation, but the Civil Service Commission may order at its discretion, that the period of eligibility be for a shorter period of time.
14.16.4 AUTOMATIC CANCELLATION OF LIST.
(Added by O-3486)
An eligible list which has been in effect for more than one (1) year shall be automatically canceled upon promulgation of new eligible list for the same position.
14.16.5 CANVASS OF ELIGIBLE LIST.
(Added by O-3486)
Whenever the Civil Service Commission is notified that proficiency in a special subject is needed in the position to be filled, it may take steps to ascertain the names of all those on the list who possess such qualifications and shall certify them in order of standing, or shall, at its discretion, conduct a new examination. If the duties of a position require a particular sex, the Civil Service Commission shall certify in the order of their standing the eligibles of the sex required, or shall, if necessary, conduct a new examination.
14.17.1 REQUISITION.
Whenever a vacancy in the competitive service is to be filled the appointing officer shall make requisition upon the Civil Service Commission for certification of names of persons eligible for the position. Such requisition shall be upon forms prescribed and furnished by the City Manager and shall specify the department and title, class, grade and salary of the position to be filled. The appointing authority shall also state whether the service is temporary or permanent and when service must begin.
14.17.2 CERTIFICATION.
(Amended by O-3334; O-3350; O-3405; O-3411; O-3463; O-3511)
a) Upon receipt of a requisition for certification of names to fill a vacancy, except when filling a vacancy in a department head or division head position, the Civil Service Commission shall certify to the appointing authority the names of the three (3) highest ranking eligibles on the promotion eligible list (or a lesser number if the list contains less than three names) for the class from which the appointment is to be made. If there are no eligibles on the promotion eligible list, the Commission shall certify from the open eligible list for the class from which the appointment is to be made.
b) Whenever certification is made from an open eligible list, or certification is made to fill a department head or division head position, the Civil Service Commission shall certify to the appointing authority the names of the five (5) highest ranking eligibles and the names of all eligibles who, on the basis of whole scores, are tied with the fifth highest eligible certified.
c) Upon receipt of a requisition for certification of names to fill one (1) or more vacancies in the position of Police Officer or Firefighter, the Civil Service Commission shall certify to the appointing authority a minimum of five (5) names for the first vacancy. The Civil Service Commission shall certify to the appointing authority one (1) additional name for each additional vacancy to be filled from that same requisition.
Certification shall be made on the basis of ranks and all names within a rank shall be certified together. The first rank shall consist of all eligibles whose whole scores are equal to or greater than ninety (90). Should certification of the first rank result in less than the required number of names being certified, then the second and/or third ranks shall also be certified until the requisite number of names are available. The second rank shall consist of all eligibles with whole scores equal to or greater than eighty (80), but less than ninety (90); and the third rank shall consist of all eligibles with whole scores equal to or greater than seventy (70), but less than eighty (80).
Should less than five (5) names be available for certification for appointment to the position of Police Officer or Firefighter, the appointing authority may make an appointment from such list or may make a temporary appointment until at least five (5) names are furnished.
14.17.3 CERTIFICATION CONTAINING FEWER THAN THE MINIMUM NUMBER OF NAMES.
(Added by O-3334; O-3350; O-3463)
Whenever less than three (3) names are certified for appointment from a promotion eligible list, the appointing authority shall make an appointment, if any, from said list. Whenever less than five (5) names are certified for appointment from an open eligible list, or to a department head position, the appointing authority may make an appointment from such list or may make a temporary appointment until at least five (5) names are furnished.
14.17.4 OBJECTIONS AND SUBSTITUTIONS.
(Added by O-3486)
In case objection is made by the appointing officer to any of the persons certified for reasons stated in SECTION 14.16.8 hereof, the Civil Service Commission may investigate the charges and, if the objection is sustained, shall remove the name of such person from the eligible list and substitute the next highest name.
14.17.5 FAILURE TO RESPOND; DECLINATION.
(Added by O-3486)
In case an eligible certified for appointment refuses to accept a position or fails to respond to written inquiry regarding availability for certification or to written call for an interview regarding appointment he shall be deemed to have declined the appointment. All written notices shall be mailed to the eligible’s last known address and shall allow a period of five (5) business days, next succeeding the mailing of the notice, in which to respond.
14.17.6 STRIKING FROM LIST; RESTORATION.
(Added by O-3486)
The name of any certified eligible who declines a permanent appointment may be stricken from the eligible list and shall be restored at the discretion of the Civil Service Commission upon written request stating reasons for the declination or for the failure to respond to a communication. Notwithstanding the above, if any person on the eligible list declines three (3) times, his name shall be automatically removed from the list subject to appeal to the Commission. The Commission may retain the candidate on the eligible list if it determines his continued eligibility is in the best interest of the City and would promote the availability of candidates of the highest quality and fitness.
14.17.7 DISQUALIFICATION OF APPLICANTS OR REMOVAL OF NAMES FROM ELIGIBLE LISTS.
(Added by O-3486)
a) The Civil Service Administrator may refuse to have an applicant examined, or after examination to certify an eligible, or may remove an eligible from the eligible list:
1) Who is found to lack any of the published preliminary requirements established by the Civil Service Commission for the examination for the position or employment for which he applies;
2) Who is physically or mentally so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment;
3) Who is addicted to the use of intoxicating liquors or use of drugs;
4) Who has been found guilty of any felony or a misdemeanor involving moral turpitude;
5) Who has been dismissed, or has resigned in lieu of dismissal, from a position in either public or private employment for cause;
6) Who has made a false statement of any material fact, or who practices or has attempted to practice any deception or fraud in his application, in his declarations or in securing his eligibility or appointment;
7) Who has been certified three (3) times for permanent employment and has not been offered an appointment;
8) Who is judged to have demonstrated unsuitability for City employment through past behavior which adversely affects work performance such as, but not limited to, theft from prior employers, poor attendance record, history of disciplinary problems, or poor driving record;
b) In determining disqualifications under this Section the Civil Service Administrator shall consider:
1) Evidence of rehabilitation; and,
2) The relationship of the disqualifying cause to the class of work for which the person has applied.
Decisions of the Civil Service Administrator shall be in writing and may, within fifteen (15) days of the date of written notice, be appealed to the Civil Service Commission for final determination. The burden of proof of good character in all cases shall be upon the applicant.
14.20.1 REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD.
(Amended by O-2514; O-2515; O-2520; O-2718; O-2908; O-2985; O-3020)
a) Except as provided in Section 14.5.3., all original and promotional appointments shall be tentative and subject to a probationary period of six (6) months (longer periods of probation may be established for specified classifications by a Memorandum of Understanding between the City and the appropriate recognized employee organization). The initial appointment to employment as a firefighter shall not be deemed complete until a period of probation of one (1) year has elapsed. Promotions to higher rank shall not be deemed complete until a period of probation of one (1) year has elapsed.
b) Permanent employee shall mean an employee who has successfully completed a probationary period and has been retained as hereinafter provided. Where specifically provided for by MOU between Management and the appropriate employee organization, this definition shall include employees appointed to fill positions on a less than full-time basis.
14.20.2 OBJECTIVE OF PROBATIONARY PERIOD.
The probationary period shall be regarded as an intrinsic part of the examination process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his position, and for eliminating any probationary employee whose performance does not meet the required standards of work. A minimum of six (6) performance evaluations of such employee shall be filed with the Civil Service Commission at equal intervals during the probationary period.
14.20.3 REJECTION OF PROBATIONER.
During the probationary period an employee may be rejected at any time by the appointing power without the right of appeal. No person shall be removed from his probationary position without prior approval of the City Manager or his designated representative. Notification of rejection in writing shall be sent to the probationer and a copy filed with the Civil Service Commission.
14.20.4 REJECTION FOLLOWING PROMOTION.
(Added by O-2514; O-2515; O-2520)
Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner provided in the Civil Service ordinance and these rules for positions in the classified service.
14.21.1 RECURRENT REEMPLOYMENT LISTS.
The Civil Service Commission shall maintain departmental or divisional recurrent reemployment lists by classes for each department employing persons on a recurrent service basis. The names on such a list shall be grouped in accordance with their average efficiency rating during their entire service with the City, with those employees rated outstanding at the head of the list, followed by those rated above standard, standard, and below standard respectively. Employees rated unsatisfactory shall be omitted from the list.
When a recurrent appointment is to be made, the appointing authority, at his discretion, may appoint any one of those persons whose names appear in the highest group on the recurrent reemployment list who is available and willing to serve. Each group shall be exhausted before appointments are made from the next lower group.
14.21.2 REMOVAL OF NAMES FROM RECURRENT REEMPLOYMENT LIST.
a) The names of all persons on any recurrent reemployment list who receive an unsatisfactory efficiency rating, or who have not been employed from that list for more than one (1) year, shall be removed from said list. Names on reemployment lists may be removed, or withheld from appointment for the same reasons and in the same manner as from an eligible list.
b) When a person receives a permanent appointment in the classified service his name shall be removed from all recurrent reemployment lists.
c) The name of a recurrent employee who has been removed from the recurrent reemployment list by reason of absence for one (1) year may be restored to said list within one (1) year after being removed therefrom. Such restoration shall be to the same class of position as that occupied at the time the name was removed, but to the bottom of the list for said class.
14.21.3 TRANSFER OF RECURRENT EMPLOYEES.
(Added by O-3486)
The Civil Service Commission may authorize the transfer of an employee from a recurrent position to a similar recurrent or temporary position of the same class.
14.21.4 RELEASE OF RECURRENT EMPLOYEES.
(Added by O-3486)
Recurrent employees may be released at any time and in any order as determined by the appointing authority.
14.22.1 EFFICIENCY RECORDS.
(Amended by O-3348)
Individual performance evaluation reports shall be made no less than annually for all employees in accordance with the methods approved by the Civil Service Commission. So far as practicable, ratings shall be based on facts only and not on judgement. Such evaluations shall not be used in lieu of appropriate disciplinary actions as set forth in Article 47 of this Code.
14.22.2 REASONS FOR RATINGS.
(Amended by O-3348)
The Civil Service Commission may require of heads of departments the filing of specific and satisfactory reasons for any ratings. Records, reports and markings of efficiency used in each department shall be open at all times to the inspection of the City Council and the Civil Service Commission and the performance records kept by the Personnel Department respecting any department shall be open to the head of such department. Each City employee shall have the right to be informed of the rating recorded for him by the Personnel Department.
14.22.3 EXPRESSION OF PERFORMANCE EVALUATIONS.
(Added by O-3348)
Performance evaluations shall be expressed on a scale such that an outstanding or unsatisfactory employee will be clearly identified and an employee with satisfactory work performance will be rated at the mid-point of the scale.
14.22.4 DISMISSAL BASED ON UNSATISFACTORY RATING.
(Added by O-3348)
A performance evaluation reflecting unsatisfactory service shall be deemed to be below the standard of efficiency required by the City of Torrance and any employee whose performance is evaluated as unsatisfactory may be dismissed from the Service.
14.22.5 REVIEW OF RATINGS.
(Added by O-3348)
Any employee shall have the right to review his own performance evaluation with any of the persons who have signed the same.
14.22.6 APPEALS.
(Added by O-3348)
Any employee who receives a performance rating which is below the mid-point shall have the right of appeal. Appeals shall be filed in accordance with the procedure approved by the Civil Service Commission.
14.22.7 INVESTIGATIONS.
(Added by O-3348)
In all matters relating to employee performance evaluations the Civil Service Commission may make such investigations and such suggestions as it deems necessary.
14.23.1 REINSTATEMENT TO ELIGIBLE LIST.
a) Any person who has held a permanent position in the classified service and has completed his probationary period, and who has subsequently separated from his employment with the City without fault or delinquency, may at the request of the appointing authority and with the consent of the Civil Service Commission, be reinstated within one (1) year from the date of such separation to the bottom of the open eligible list for any classification in which he previously had permanent status.
b) Reinstatements to eligible lists for Police and Fire Safety classes shall be limited to the entrance level classes.
14.23.2 INACTIVE STATUS.
(Added by O-2512; O-2513; O-2514; O-2515; O-2520)
A Memorandum of Understanding between Management and a recognized employee organization may provide for a specific program of inactive status which will allow a recently terminated employee to be added to an open eligible list certification for a subsequent vacancy.
14.23.3 REINSTATEMENT OF PROBATIONERS TO EMPLOYMENT LISTS.
(Added by O-3028)
Any person who has received an appointment from an employment list, and who, during the probationary period, has been separated from his or her position may be restored to his or her original position on the employment list by the Civil Service Commission if it is found that the cause of such separation was not misconduct, delinquency, or inefficiency on the part of the employee. In the event the list from which the probationer was appointed is no longer in effect, his or her name may be placed at the bottom of the current employment list, provided, however, that names shall be placed on promotional employment lists only in the event that person remains an employee of the City and would have been eligible to compete in the examination which created said employment list.
14.24.1 DEFINITION.
(Amended O-3508)
The term veteran shall mean any person who has served full time for thirty (30) days or more in the armed forces in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, or during the period September 16, 1940, to January 31, 1955, or who has served at least one hundred eighty-one (181) consecutive days since January 31, 1955, and who has been discharged or released under conditions other than dishonorable, but does not include any person who served only in auxiliary or reserve components of the armed forces whose service therein did not exempt him or her from the operation of the Selective Training and Service Act of 1940.
14.24.2 AMOUNT OF PREFERENCE.
In the event that a veteran earns a passing grade in an open competitive examination, an additional ten (10) percent of such grade shall be added to his final score.
14.24.3 WIVES OF VETERANS.
Wives of disabled veterans and widows of veterans shall be accorded the same preference credit as provided for veterans.
14.24.4 PROOF OF DISCHARGE.
(Amended O-3508)
The veteran must submit with his application his original discharge (or certificate of active service) or a photostatic or certified copy thereof, or, if this is not possible, an official record of his service based upon records of the Defense Department. Such document or record must show the period of active service and such additional information as may be required by the Civil Service Commission.
14.25.1 LAY-OFFS.
a) Prerequisite to Lay-off. No permanent employee shall be laid off or reduced until all temporary employees, recurrent employees and probationers holding positions in the same class in the same department are released or reduced.
b) Order of Lay-off. In case there are two (2) or more permanent employees in the class from which lay-off or reduction is to be made, such employees shall be laid off or reduced according to the average of the last four (4) efficiency ratings on file with the Civil Service Commission, as follows:
|
First: |
All employees having "Unsatisfactory" ratings; |
|
Second: |
All employees having "Below Standard" ratings; |
|
Third: |
All employees having "Standard", "Above Standard", or "Outstanding" ratings. |
Employees within each category shall be laid off in inverse order of seniority in the classified service.
14.25.2 TIES IN EFFICIENCY RATINGS AND SENIORITY.
In case of a tie affecting two (2) or more employees in the same category as set forth in Section 14.25.1 who have the same seniority, the employee with the lowest average efficiency rating shall be laid off first. If a tie still exists and said persons were appointed from the same eligible list to the position from which the lay-off is to be made, the person whose name was the lower on said eligible list shall be laid off first, but if the appointments were not made from the same eligible list, the person who has the least seniority in the class from which lay-off or reduction is made shall be laid off first. If a tie exists in seniority in the position, then that person who was appointed from the later eligible list shall be laid off first.
14.25.3 REDUCTION.
The appointing authority may make reductions in class and thereby cause lay-offs only in the lower classifications.
14.25.4 RE-EMPLOYMENT LIST AND RESTORATION.
a) Re-employment List: The names of persons laid off or reduced in accordance with these Rules shall be entered upon a list in the inverse of the order specified in Section 14.25.1b, except that persons whose record of employment has not been satisfactory shall be omitted from the re-employment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position for which qualified before certification is made from an eligible list. When a vacancy occurs, the appointing authority shall appoint the person highest on the re-employment list who is available and who was laid off from a position in that department. If no one was laid off from the department in which the appointment is to be made, then the appointing authority shall appoint any one (1) of such persons; if only one (1), the appointing authority shall appoint that one (1).
b) Name Removal: Names of persons laid off or reduced in lieu of lay-offs shall be carried on a re-employment list for two (2) years, except that the names of persons appointed to permanent positions of the same level as that from which laid off shall, upon such appointment, be removed from the list.
Persons reduced or re-employed in a lower class or re-employed on a temporary basis shall be retained on the list for the higher position for two (2) years.
c) Restoration to Re-employment List: The name of any person who has been appointed to a permanent position from a re-employment list and who is separated from the service without delinquency or fault on his or her part, may, at the discretion of the Civil Service Commission, be restored to the re-employment list. This restoration, however, shall not have the effect of extending the time the employee may be carried on the re-employment list beyond the two (2) years from date of original separation.
14.25.5 MEMORANDUM OF UNDERSTANDING AMENDMENTS.
The provisions of this rule may be amended by a memorandum of understanding in which case this rule shall not apply to such employees so covered during the life of the memorandum of understanding.
14.31.1 ASSIGNMENT.
a) When an employee is temporarily absent from his job, another employee may be assigned by the department head or his designee to do the work of the absent employee.
b) The assigned employee need not possess the minimum qualifications for the position of the absent employee.
c) The department head may permit the position to remain temporarily vacant, if, in his opinion, the public health, welfare and safety are not jeopardized.
d) An employee may decline a move-up assignment.
14.31.2 DURATION OF ASSIGNMENT.
Any employee moved up pursuant to this Article shall remain in the higher class until the incumbent returns to duty, subject to the following conditions:
a) Except for safety members of the Police and Fire Departments, each such assignment shall not exceed ninety (90) days duration.
b) For safety members of the Police and Fire Departments, each such assignment shall not exceed twelve (12) months duration.
c) If the work is not performed in a satisfactory manner the department head may replace the employee who was moved up, or leave the position unfilled.
14.31.3 OBJECTIVE.
The purpose of this move-up assignment and pay procedure is to provide an equitable and orderly manner in paying employees for work done and responsibility assumed when that employee is moved up to a higher classification during the temporary absence of another employee.
14.31.4 NO PROBATIONARY PERIOD CREDIT.
Time served by an employee assigned to a higher class under the provisions of this Article shall not be credited toward that employee’s probationary period in the same higher class.
14.31.5 PRIORITY IN POLICE DEPARTMENT.
(Amended by O-2086)
a) Priority for move-up assignments shall be given to employees who have completed their probationary period and are of permanent rank in the next lower classification in the division and on the watch where the vacancy occurs; otherwise to the employees regularly employed in the lower classification who are among the first three (3) employees on the eligible list for the higher class.
b) In the event that the temporary move-up assignment is for the position of Chief of Police the assignment shall go to a Captain who has completed his probation period and is of permanent rank, designated by the Chief of Police.
c) If the absence of the incumbent continues in excess of thirty (30) consecutive calendar days, and an eligible list exists for the class, the department head or his designee shall assign the move-up position to a person who is among the first three (3) on the eligible list commencing with the thirty-first (31) consecutive day of absence, subject to the provisions of Section 14.31.2. of this Code.
14.31.6 PRIORITY IN FIRE DEPARTMENT.
a) Priority for move-up assignments shall be given to employees on the shifts where the vacancy occurs who are regularly employed in a lower classification and on the eligible list for the higher class.
b) If the temporary absence of the incumbent continues in excess of thirty (30) consecutive calendar days, and an eligible list exists for the class, the department head or his designee shall assign the move-up position to a person who is among the first three (3) on the eligible list commencing with the thirty-first (31) consecutive day of absence, subject to the provisions of Section 14.31.2
14.31.7 PRIORITY IN OTHER DEPARTMENTS.
a) Except as provided in Section 14.31.5. and Section 14.31.6., priority for move-up assignments shall first be given to employees in the same department regularly employed in a lower classification who are among the first three (3) employees on the eligible list for the temporarily vacant position.
b) The employee with the highest rank on the eligible list shall be selected first for move-up assignments, but thereafter such assignments may be rotated among others in the department on the eligible list.
c) The next priority shall be given to employees in the same department regularly employed in the lower classification who are on the eligible list for the temporarily vacant position.
14.31.8 DETERMINATION OF PRIORITY.
In the event that there are no eligibles within the department on the eligible list for the vacant position, the department head or his designee may assign any employee under his supervision whom he certifies is capable of performing the work of the absent employee.
14.31.9 ABSENCE OF MOVED UP EMPLOYEE.
If a moved up employee is absent, another employee may be assigned during such absence, subject to all provisions of this Article.
14.31.10 MOVE-UP PAY FOR VACANT POSITIONS.
(Amended by O-1997)
a) Except as provided in Section 14.31.12., an employee moved up, as provided herein, to a temporarily vacant position shall be paid for all days worked in the higher class at a salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.
b) For the purposes of this Article, four (4) consecutive hours or more shall constitute a day or a shift.
c) For the purposes of this Article, eight (8) consecutive hours or more shall constitute a day of a shift for safety employees of the Fire Department
14.31.11 MOVE-UP PAY FOR TRAINING PURPOSES.
a) A department head may assign an employee as part of a formal training program to a higher class even if no vacancy exists, subject to availability of funds and the approval of the City Manager.
b) If an employee is moved up for training purposes and the department head certifies in writing that the employee is capable of performing all or part of the work of the higher class, the employee shall receive for all days worked in the higher class, the salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.
c) The employee shall be paid the higher rate of pay only when performing the task or tasks for which he is certified as being capable.
d) If an employee is moved up for training purposes and is not so certified he shall continue to receive the pay for the class to which he was previously assigned.
e) This section shall apply only to employees permanently assigned to the Sanitation Department.
14.31.12 ACTING DEPARTMENT HEADS
a) If a subordinate is required by his class specification to take charge of a department in the absence of the department head, he shall not be paid additional compensation for such move-up assignment.
b) If a subordinate is not required by his class specification to take charge of the department in the absence of the department head, he shall be paid during all such move-up assignments an additional five (5) percent of his base salary and his longevity pay; provided, however, that if the temporary absence of the department head continues in excess of thirty (30) consecutive calendar days, he shall then be paid at the salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.
14.31.13 SCOPE OF ARTICLE.
(Added by O-2101; Amended by O-3486)
The provisions of this Article shall not apply to employees in representation units where a Memorandum of Understanding covering these working conditions is in force.
14.35.1 VACATION ELIGIBILITY.
Only probationary or permanent employees who regularly work twenty (20) or more hours per week shall earn vacation. Vacation shall be earned only while an employee is receiving compensation from or through the City.
14.35.2 ACCRUAL OF TIME.
a) Fire Safety Employees:
1) Six (6) working shifts annual vacation with pay shall be earned at the rate of one-half (1/2) of a twenty-four (24) hours on duty period per month of service by all fire safety employees.
2) Commencing with the eleventh year of service, vacation shall be earned at the rate of three-fourths (3/4) of a twenty-four (24) hours on duty period per month of service, by all fire safety employees, to a maximum of nine (9) working shifts per year.
b) All other employees:
1) Twelve (12) working days annual vacation with pay shall be earned at the rate of one (1) day per month of service by each employee.
2) Commencing with the sixth year of service and until the completion of nine (9) years of service fifteen (15) working days annual vacation with pay shall be earned at the rate of one and one-quarter (1-1/4) days per month of service by each employee.
3) Commencing with the tenth year of service and until the completion of twenty (20) years of service, twenty (20) working days annual vacation with pay shall be earned at the rate of one and two-thirds (1-2/3) days per month of service by each employee.
4) Commencing with the twenty-first year of service, twenty-two (22) working days annual vacation with pay shall be earned at the rate of 1-83/100 days per month of service by each employee.
14.35.3 TIME OF ACCRUAL
a) The right to annual vacation shall accrue on January 1st of each calendar year and may be accumulated over a two (2) year period with the permission of the department head.
b) The time of taking a vacation shall be determined by the department head, subject to review by the City Manager. An employee may take vacation only in increments of full days or shifts.
c) The maximum amount accrued to the credit of any employee shall not exceed the total vacation earned during the current year and last preceding year.
14.35.4 EFFECT OF HOLIDAYS.
When authorized holidays occur during a vacation period, an additional working day for each such holiday shall be added to such vacation period, or the employee shall be compensated therefor at the regular daily rate.
14.35.5 EFFECT OF SEPARATION.
a) Vacation taken: In the event that an employee is separated from his employment with the City after he has taken his vacation for the calendar year in which he is separated and before the anniversary date of his employment with the City, there shall be deducted from his final pay that portion of his vacation pay as the number of calendar days from the last day of duty to the said anniversary date bears to 365 days.
b) Vacation not taken: In the event an employee is separated from employment with the City before he has taken his vacation for the calendar year in which he is separated, he shall be paid that portion of his vacation pay as the number of calendar days from said anniversary date to the last day of duty bears to 365 days.
14.35.6 COMPUTATION OF SERVICE.
For the purpose of this Article 35, service shall be computed from the first date of continuous employment with the City as a regular employee (inclusive of any probationary period).
14.35.7 SCOPE OF ARTICLE.
(Added by O-2101; Amended by O-3486)
The provisions of this Article shall not apply to employees in representation units where a Memorandum of Understanding covering these working conditions is in force.
14.36.1 SICK LEAVE WITH PAY.
a) Sick leave with pay shall be granted to each permanent or probationary employee at the rate of one (1) work day for each calendar month of service.
b) Employees shall continue to accumulate sick leave credits while on industrial accident leave.
c) Unused sick leave may be accumulated to a total of not more than one hundred eighty (180) working days. Safety members of the Fire Department shall be deemed to have used two (2) days sick leave for each shift that they are absent from work on sick leave.
14.36.2 USE OF SICK LEAVE.
Sick leave shall be used only in case of sickness or disability of the employee or as specified in Section 14.36.5.
14.36.3 NOTIFICATION OF SICKNESS.
a) In order to receive compensation while absent on sick leave, the employee shall notify his immediate supervisor in the manner provided in departmental rules and regulations.
b) When absence is for more than three (3) working days (2 shifts in the Fire Department), such absence must be verified by a written statement from an attending physician or a personal affidavit, filed with the Personnel Department, stating the cause of absence, and the employee shall furnish any other proof of sickness reasonably required by the City Manager or department head.
14.36.4 OVERTIME RATE AFTER SICK LEAVE.
a) In the event an employee is absent on sick leave during part of a week and subsequently is required to work on the sixth or seventh day of the same week, he shall be compensated at the rate of time and one-half (1 1/2). He may, however, be required to substantiate an illness by a written statement from an attending licensed physician or personal affidavit.
b) Said rule shall not apply where an employee is called out for emergency work after hours and the overtime rate shall apply regardless of sick leave taken during the week.
14.36.5 FAMILY SICK LEAVE.
a) In case of serious illness or death of a member of the immediate family, the employee may be absent with pay upon proper notice not to exceed three (3) consecutive days or shifts (2 shifts in the Fire Department). If a death occurred out of state the employee may be absent with pay upon proper notice not to exceed five (5) consecutive working days or shifts (3 shifts in the Fire Department).
b) Immediate family for the purpose of this section shall be defined as: spouse, mother, mother-in-law, father, father-in-law, sister, brother, child or guardian.
c) Such time shall be deducted from the existing accumulated sick leave of the individual.
14.36.6 RETURN FROM SICK LEAVE.
Upon return from sick leave, employees in classifications requiring heavy physical exertion or involving public safety may be required by the department head to report for an examination by the City Medical Examiner to determine fitness for duty.
14.36.7 INDUSTRIAL ACCIDENT.
a) In the event that an employee sustains an injury as a result of an industrial accident, arising out of and occurring in the course of his employment with the City the employee shall be entitled to not more than seven (7) consecutive calendar days industrial accident leave at his regular salary rate. This provision of subsection a) of Section 14.36.7. shall not apply to public safety members who are entitled to compensation pursuant to the provisions of a State Statute.
b) Thereafter, such employee shall be entitled to his accumulated sick leave with pay at his regular salary rate. Said sick leave pay shall equal the amount arrived at by subtracting from his regular salary rate any payments for such accident which the employee has received or is entitled to receive as Workman’s Compensation pursuant to the provisions of a State Statute.
c) Employees who are on industrial accident leave or who are on sick leave with pay as a result of an industrial accident shall continue to accrue seniority, sick leave and vacation benefits and shall be paid holiday pay the same as if they had been present for duty.
14.36.8 SCOPE OF ARTICLE.
(Added by O-2101; Amended by O-3486)
The provisions of this Article shall not apply to employees in representation units where a Memorandum of Understanding covering these working conditions is in force.
14.37.1 DEFINITION.
For the purpose of this section, outside employment shall mean any work done, or any service performed, for compensation other than for the City, whether as employee, independent contractor, or otherwise.
14.37.2 APPLICATION.
Departmental regulations may contain restrictions governing outside employment, which restrictions need not be uniform for each department.
14.37.3 RESTRICTIONS.
In addition to any departmental rules, the following restrictions shall apply:
a) No employee shall engage in outside employment which would, in the judgment of the department head, conflict with his employment with the City, or, in any way, be against the best interests of the City. The decision of the department head shall be final, except that it shall be subject to the grievance procedure.
b) Such employment shall not interfere with the employees’ ability to respond to emergency calls, scheduled work or scheduled overtime.
c) Such employment shall only be of a part-time or temporary nature.
14.40.1 LEAVE WITHOUT PAY.
a) A leave of absence without pay not to exceed five (5) working days (3 shifts in the Fire Department) may be granted to any employee by the department head.
b) A leave of absence without pay for more than five (5) working days, but not to exceed sixty (60) days, may be granted to any employee by the City Manager.
c) A leave of absence without pay for more than sixty (60) days may be granted to any employee by the Civil Service Commission after review of the request by the City Manager.
d) A leave of absence without pay may be granted to any employee by the Civil Service Commission for the purpose of accepting a temporary appointment to a State, County, Federal or local agency.
14.40.2 APPLICATION FOR LEAVE OF ABSENCE.
A request for leave shall be forwarded to the appropriate authority in advance of beginning date of leave, upon forms supplied by the City, giving the title of the position, the beginning and ending dates of the leave requested, a statement of the reasons for such leave, and signed by the employee.
14.40.3 REFUSAL OF LEAVE OF ABSENCE.
The Civil Service Commission shall refuse a leave of absence if it finds such a leave to be contrary to the good of the City.
14.40.4 HOLDING POSITION OPEN.
Upon the expiration of leave of absence, duly granted in accordance with the provisions of this Article 40, an employee shall be returned to the same position or class of position as he occupied when the leave of absence was granted.
14.40.5 MEDICAL EXAMINATION AT TERMINATION OF LEAVE.
Upon the expiration of any leave of absence, the City Manager may determine, by medical examination or other reasonable evidence, if the employee is mentally and physically able to perform the duties of the position from which the leave was granted. If the City Manager has determined that the employee is unable to return to work, he will not be returned to work but shall have the right of appeal to the Civil Service Commission.
14.40.6 MILITARY LEAVE OF ABSENCE.
A leave of absence for military service shall be granted to any employee as required by the laws of the United States or the State of California.
14.40.7 RETURN FROM MILITARY LEAVE.
Any employee returning from military leave shall have all the rights and privileges granted by law, but any employee returning from military leave which has exceeded ninety (90) consecutive calendar days shall not be reinstated to his position in the classified service unless he:
a) Makes a written application therefor to the Personnel Director within forty (40) days following his release from active military service;
b) Furnishes the Personnel Director for his inspection a certificate of termination of services with the armed forces, which termination was under honorable condition; and
c) Establishes to the reasonable satisfaction of the Civil Service Commission that he is qualified to perform the duties of such position.
14.40.8 EMPLOYEE ORGANIZATION LEAVE.
Employee organization leave shall be governed by Article 8 of this Chapter which relates to employee relations.
14.40.9 SCOPE OF PROVISIONS.
(Added by O-2400; Amended by O-2512; O-2513; O-2514; O-2515; O-2520)
The provisions of this Article shall not apply to employees in representation units where a Memorandum of Understanding covering these working conditions is in force.
14.41.1 TRANSFER WITH CONSENT.
An employee may be transferred by the City Manager from one position to another position of the same class in a different department with the written consent of the two (2) affected department heads and the affected employee.
14.41.2 EMERGENCY TRANSFER.
a) In the case of an emergency, an employee may be transferred by the City Manager with the written consent of the two (2) affected department heads but without the written consent of the affected employee.
b) Such a transfer shall be automatically reviewed by the Civil Service Commission, within fifteen (15) working days from the date of the transfer, and the Commission shall approve or rescind the transfer.
14.41.3 REASSIGNMENT.
A department head may reassign an employee from one position to another position of the same class within the same department.
14.41.4 INCAPACITY.
a) When an employee can no longer perform the duties of a position to which he is assigned because of physical or mental impairment, the City Manager may, with the approval of the Civil Service Commission, transfer or reassign the employee to a position in the same or in a lower class, the duties of which the employee is capable of performing.
b) This section does not apply to Police and Fire Safety employees.
14.41.5 RESCINDING OF TRANSFER OR REASSIGNMENT.
a) The Civil Service Commission shall rescind a transfer or reassignment if it finds that the transfer or reassignment was made:
1) Without giving reasonable advance notice to the affected employee;
2) With the intent of forcing or causing an employee to resign; or
3) Because of political or other improper influences.
b) The Commission may rescind a transfer if it determines that the transfer was unfair, unjust, or caused an undue hardship to the employee.
14.41.6 SCOPE OF PROVISIONS.
(Added by O-2440)
The provisions of this Article shall not apply to employees in representation units where a Memorandum of Understanding covering these working conditions is in force.
14.47.1 POWERS OF DEPARTMENT HEADS.
(Amended by O-3020; O-3100)
A department head, with the approval of the City Manager, for misconduct, incompetency, inefficiency, failure to perform duties or to observe the rules and regulations of his department or of the City:
a) May suspend any employee in his department without pay for a period not to exceed thirty (30) consecutive days; or
b) May demote any such employee to a classification which he is qualified to fill; or
c) May discharge any such employee.
14.47.2 DEPARTMENT HEADS, PEACE OFFICERS.
(Amended by O-3100)
a) Nothing in this Article shall be deemed to supersede any provisions of the City Charter regarding the City Manager’s disciplinary powers over department heads.
b) Nothing in this Article shall be construed to limit any of the rights granted a peace officer by the Public Safety Officers’ Procedural Bill of Rights Act.
14.47.3 SUSPENSION FOR FELONY CHARGE.
a) In the event that an employee is charged by information or indictment with a felony, he may be suspended without pay by his department head with the approval of the City Manager until the case has been finally decided by the Court.
b) In making such determination, the department head and City Manager shall consider the following factors:
1) The relationship between the nature of the felony charged and the duties of the accused employee;
2) The relative effect of retention or suspension on the other employees of the City and the effect on the public;
3) The criminal record of the employee, if obtainable, and his non-criminal record while an employee of the City.
c) If the employee is suspended, the department head and City Manager shall specify to the employee which factor(s), set forth in subsection b), were relied upon in making their decision. The employee shall have the right to appeal the decision of the department head and City Manager to the Civil Service Commission within five (5) days after suspension.
14.47.4 RELIEF FROM DUTY PENDING INVESTIGATION.
In the event that an employee is accused of a crime, misconduct, incompetency, inefficiency or failure to observe the rules and regulations of his department or of the City, the department head, with the approval of the City Manager, may relieve such accused person of duty with pay or reassign such accused person to other duty within the department pending investigation of such accusation for a period not to exceed ninety (90) days.
14.47.5 FAILURE TO TESTIFY BEFORE GRAND JURY.
The refusal of any employee to testify under oath before a Grand Jury in any Grand Jury investigation of governmental bribery or misconduct in public office, shall constitute good and sufficient ground for the immediate discharge of any such employee.
14.47.6 REDUCTION IN PAY DEEMED DEMOTION.
A reduction in base pay shall be deemed a demotion within the meaning of this Article unless such reduction is part of a general plan to reduce salaries and wages as a part of an economy or general curtailment program.
14.47.7 WRITTEN CHARGES AND ADMINISTRATIVE REVIEW.
(Amended by O-3100)
a) Prior to the imposition of a suspension, demotion or discharge under the provisions of this Article, an employee shall receive a written statement of charges and notice of the recommended discipline.
b) Any employee recommended for such discipline shall be afforded an opportunity to respond to the charges before the City Manager or his designee in accordance with procedures established by the City Manager. The decision of the City Manager or his designee shall be given to the employee in writing.
14.47.8 REQUEST FOR REVIEW.
(Amended by O-3100)
Any employee who has been suspended, demoted or discharged, may, within ten (10) days following the date of service of written notice of the imposition of discipline as provided by this Code, file a written request with the Civil Service Commission for a review of such suspension, demotion or discharge.
14.47.9 REVIEW BY COMMISSION.
(Amended by O-3260)
a) Upon a written request filed by an employee who has been disciplined under this Article, the Civil Service Commission shall set a date for and hold a hearing, at which time it shall hear evidence for and against the requesting party. Hearings shall be open to the public unless requested to be closed by the employee.
b) Such hearing shall be initiated within fifteen (15) days after receipt by the Commission of the accused employee’s request for review; provided, however, that such period may be extended by the Commission with the consent of all affected parties.
c) The Commission may make or cause to be made such investigation of the matter in question as it deems necessary.
d) Hearings may be informally conducted, and the rules of evidence need not apply.
14.47.10 DELEGATION TO HEARING OFFICER.
a) The Civil Service Commission may delegate the holding of the hearing to a committee of the Commission or to a hearing officer. The hearing officer shall be selected by the Civil Service Commission from a list submitted by the American Arbitration Association or State Conciliation Service subject to challenge by either of the parties. The appealing employee and the City shall each have two (2) challenges to the hearing officer selected by the Commission.
b) In such event, the committee of the Commission or the hearing officer shall make findings of fact, conclusions of law, and a recommendation, and shall transmit same to the Commission, together with a transcript of the hearing within ten (10) days of the conclusion of the hearing, or as soon thereafter as practical. The Commission shall thereafter adopt or reject in whole or in part such findings of fact and conclusions of law.
14.47.11 SUBPOENAS.
a) In any investigation or hearing conducted by the Civil Service Commission, Committee of the Commission or by such hearing officer, the Commission, Committee of the Commission and such hearing officer shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the City and attested to by the City Clerk.
b) It shall be the duty of the Police Chief to cause all such subpoenas to be served.
c) Refusal of a person to attend or to testify in answer to such subpoenas shall subject such person to prosecution in the same manner as set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council.
d) Each member of the Commission and/or the hearing officer shall have the power to administer oaths to witnesses.
14.47.12 DECISION OF COMMISSION.
(Amended by O-3100)
a) The Civil Service Commission shall render its decision in writing along with any findings of fact and conclusions of law, within fifteen (15) days after the matter has been submitted, and shall certify such decision within three (3) days thereafter to the City Manager.
b) The Civil Service Commission in making its decision may uphold or reverse in whole or in part the action of the department head in suspending, demoting or discharging the employee; provided, however, that in no case may the Civil Service Commission increase any penalty imposed by the department head. The Commission may reduce a discharge to a suspension not to exceed sixty (60) days.
c) Such decision may contain whatever orders are deemed appropriate by the Commission, and the entire decision shall be binding upon all parties, subject to a right of appeal to the City Council by the appealing employee.
14.47.13 APPEAL TO CITY COUNCIL.
Upon written appeal to the City Council filed with the City Clerk within ten (10) days of the decision of the Civil Service Commission, a hearing shall be conducted pursuant to the provisions of Section 14.47.14. before the City Council at the earliest reasonable time as is consistent with the City Council’s agenda. The appealing and responding parties may be present at the Council hearing and may present written and oral arguments in their favor, and answer any questions from the members of the City Council.
14.47.14 RECORD ON APPEAL.
a) The City Council may uphold or reverse in whole or in part the decision of the Civil Service Commission; provided, however, that in no case may the City Council increase any penalty imposed by the Commission. The City Council may reduce a dismissal to a suspension of not to exceed sixty (60) days.
b) The City Council’s deliberations shall be limited to a review of the record on appeal. The record on appeal shall consist only of the following:
1) The written charges, if any, against the employee and his answer, if any:
2) The transcript of the hearing, or any part thereof (if all interested parties so stipulate, the partial transcript shall be sufficient);
3) All other minutes of the Commission and the hearing officer, if any, relating to the matter;
4) Any exhibits admitted into evidence at the hearing;
5) Any memoranda of law submitted to the officer or to the Commission;
6) The decision of the Commission, including its findings of fact and conclusions of law and recommendations, if any;
7) The written exceptions of the parties.
c) In all cases, the City Council shall be bound by the findings of fact of the Civil Service Commission, unless in the opinion of the Council there is no substantial evidence to support the Commission’s decisions. In the event that there is no substantial evidence to support the Commission’s decision, the case shall be returned to the Commission for additional proceedings.
d) Any decision of the City Council to reverse or modify a decision of the Commission shall not be effective unless made by a majority vote of the entire membership of the Council.
14.47.15 NEWLY DISCOVERED EVIDENCE.
No evidence not previously submitted and received into evidence by the Civil Service Commission or hearing officer may be considered by the City Council. Upon a showing to the satisfaction of the Council that new and substantial evidence has been discovered which, with the use of due diligence could not reasonably be expected to have been presented at the hearing before the Commission, Committee of the Civil Service Commission or hearing officer, the Council, at its discretion, shall return the matter to the Commission, Committee of the Civil Service Commission or hearing officer to hear such evidence and for further review.