Chapter 2-4 OFFICERS AND EMPLOYEES

Before entering upon the duties of his office, the City Clerk shall execute a corporate surety bond, conditioned upon the faithful performance of his duties, in the penal sum of Twenty-Five Thousand and no/100ths ($25,000.00) Dollars to the City.

(755, Enacted, 11/03/1966)

2-4-102 City Manager.

Before entering upon the duties of his office, the City Manager shall execute a corporate surety bond, conditioned upon the faithful performance of his duties, in the penal sum of Fifty Thousand and no/100ths ($50,000.00) Dollars to the City.

(755, Enacted, 11/03/1966)

2-4-103 City Treasurer.

Before entering upon the duties of his office, the City Treasurer shall execute a corporate surety bond, conditioned upon the faithful performance of his duties, in the penal sum of Fifty Thousand and no/100ths ($50,000.00) Dollars to the City.

(755, Enacted, 11/03/1966)

2-4-104 Director of Finance.

Before entering upon the duties of his office, the Director of Finance shall execute a corporate surety bond, conditioned upon the faithful performance of his duties, in the penal sum of Fifty Thousand and no/100ths ($50,000.00) Dollars to the City.

(755, Enacted, 11/03/1966)

2-4-105 Master bond.

Pursuant to California Government Code Section 1481, a master official bond or other form of master bond may be used to provide coverage as required by this article.

(1125-CS, Enacted, 10/08/2009)

Article 2. City Manager

2-4-201 Appointment.

The City Manager shall be appointed by the Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-203 Eligibility.

No person elected as a Councilman of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Councilman shall have ceased to be a member of the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-204 Absence or disability: Appointment of temporary City Manager.

In the event of the absence or disability of the City Manager, the Council may designate some qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-205 Compensation.

The City Manager shall receive such compensation as the Council shall from time to time determine and fix by resolution. Such compensation shall be a proper charge against such funds of the City as the Council shall designate.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-206 Expense reimbursements.

The City Manager shall be reimbursed for all expenses necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under the direction of the Council. Reimbursement shall be made, however, only after a claim setting forth the sums expended for such business for which the reimbursement is requested shall have been presented to, and approved by, the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-207 Powers and duties.

The City Manager shall be the administrative head of the government of the City under the direction and control of the Council except as otherwise provided in this article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers and authority set forth as follows:

(a) Enforcement of laws, licenses, and other privileges. To make recommendations concerning the enforcement of all laws and regulations of the City and to see that all franchises, contracts, permits, licenses, and privileges granted by the Council are faithfully observed;

(b) Direction of officers and employees. To control, order, and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads except as otherwise provided by law or the provisions of this Code;

(c) Appointment, removal, promotion, and demotion of officers and employees. To appoint, remove, promote, and demote all subordinate officers and employees without the consent of the Council, and to appoint, remove, promote, and demote, with notification to the Council, any department head of the City; provided, however, the office of City Attorney and all elective offices are hereby exempted from the provisions of this subsection;

(d) Reorganization of offices, positions, and departments. To recommend to the Council such reorganization of offices, positions, departments, or units under his direction as he may deem in the interests of the efficient, effective, and economical conduct of the City’s business;

(e) Recommendation of adoption of laws. To recommend to the Council for adoption such measures and ordinances as he deems necessary or expedient;

(f) Attendance at Council meetings. To attend all meetings of the Council unless excused therefrom and except when his removal is under consideration;

(g) Attendance at other meetings. To attend any and all meetings of the commissions, boards, and committees created by the Council, of his own volition or upon the direction of the Council, at which meetings he shall be heard by such commissions, boards, and committees as to all matters upon which he may wish to address the members thereof, he shall inform such members as to the status of any matter being considered by the Council, and he shall cooperate to the fullest extent with the members of all such commissions, boards, and committees;

(h) Preparation of financial reports. To keep the Council at all times fully advised as to the financial conditions and needs of the City and to work and cooperate with the City Clerk at all times on general finances and in preparing reports and budget;

(i) Preparation of budgets. To cause to be prepared and submitted to him by each department, division, and service of the City government itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages, and miscellaneous operating costs, to tabulate the same into a preliminary consolidated municipal budget, and to submit the same to the Council before June 15 of each year with his recommendations as to such changes which he deems advisable;

(j) Investigation of City affairs. To make investigations into the affairs of the City and any department or division thereof;

(k) Investigation of complaints. To investigate all complaints in relation to matters concerning the administration of the City government and in regard to the services maintained by public utilities in the City, the enforcement of which is provided for in subsection (a) of this section;

(l) Supervision of public property. To exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the Council; and

(m) Performance of additional duties. To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution, or other action of the Council.

(n) Authorization to execute certain documents. Pursuant to Government Code Section 40602, the Mayor is specifically authorized to execute all warrants drawn on the City treasurer, all written contracts and conveyances made or entered into by the City and all instruments requiring the City seal. In addition to the Mayor, pursuant to Government Code Section 40602, the City Manager of the City of Turlock is hereby authorized to execute all warrants drawn on the City treasurer, all written contracts and conveyances made or entered into by the City, and all instruments requiring the City seal, once approved by the Turlock City Council.

(1250-CS, Amended, 02/07/2019; 1212-CS, Amended, 08/13/2015; 865-CS, Amended, 02/09/1995; 667, Amended, 09/20/1962; 608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-208 Powers and duties: Limitations.

It is not intended by the provisions of this article to grant any authority to, or impose any duty upon, the City Manager which is vested in or imposed by any general law or City regulation in any other City board, officer, or employee. The City Manager’s functions shall be administrative and not policy-making or legislative.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-209 Full-time employment required.

It shall be the duty of the City Manager to devote his entire time to the duties of his office in the interests of the City. He shall not be employed or work in any other capacity.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-210 Relationship with Council.

Individual members of the Council shall deal with the administrative services of the City only through the City Manager except for the purpose of inquiry, and no member of the Council shall give orders to any subordinate of the City Manager. The City Manager shall take his orders and instructions from the Council only when sitting in a duly held meeting of the Council, and no individual Councilman shall give any orders or instructions to the City Manager. The provisions of this section shall not be construed to prevent any Councilman from discussing matters of the City with the City Manager.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-211 Cooperation of officers.

It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, and City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously as far as may be consistent with their duties as prescribed by law and the regulations of the City.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-212 Removal: Notice.

The City Manager may be removed only by a vote of at least three (3) members of the Council at a regular Council meeting, subject, however, to the provisions of Sections 2-4-213 through 2-4-216 of this article. In the event of his intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council’s intention to remove him and the reason therefor at least thirty (30) days before the effective date of his removal.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-213 Removal: Hearing.

Within seven (7) days after the delivery to the City Manager of such notice, he may, by written notification to the City Clerk, request a hearing before the Council. Thereafter, the Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which hearing the City Manager shall appear and be heard.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-214 Removal: Suspension.

After furnishing the City Manager with the written notice of his intended removal, the Council may suspend him from duty; provided, however, his compensation shall continue until his removal by the Council after the hearing provided for in Section 2-4-213 of this article.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-215 Removal: Council action.

In removing the City Manager, the Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of such hearing being to allow the City Manager an opportunity to present to the Council his grounds of opposition to his removal prior to the action of the Council.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

2-4-216 Removal: Limitations.

Notwithstanding any other provision of this article, the City Manager shall not be removed from office during or within the period of thirty (30) days next succeeding any municipal election held in the City at which election a member of the Council is elected. The purpose of this provision is to allow any newly-elected member of the Council or a reorganized Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office. After the expiration of such thirty (30) day period, the provisions of Sections 2-4-212 through 2-4-215 of this article providing for the removal of the City Manager shall apply and be effective.

(608, Rep&ReEn, 08/06/1959; 438, Enacted, 08/04/1949)

Article 3. Finance Director

2-4-301 Office established.

There is hereby established the office of Finance Director.

(700, Enacted, 04/02/1964)

2-4-302 Powers and duties.

The Finance Director shall have the powers and duties heretofore vested in the office of the City Clerk pursuant to the provisions of Sections 40802 through 40805 of the Government Code of the State, together with the powers and duties imposed upon the City Clerk pursuant to the provisions of Article 1 of Chapter 4 of Part 3 of Division 3 of Title 4 of the Government Code of the State, commencing with Section 37201 thereof, together with such additional duties as are prescribed by ordinance.

(700, Enacted, 04/02/1964)

Article 4. Oaths of Allegiance and Fingerprinting

2-4-401 Oaths of allegiance: Required.

All officers, whether elected or appointed, and all employees of the City are hereby required to take a special oath of allegiance and loyalty to the United States of America whereby each such officer and employee shall swear or affirm that he will support the Constitution of the United States of America and will defend the same against all its enemies, domestic and foreign, and that he is not now and has not for any part of the preceding five (5) years been a member of the Communist Party.

(451, Enacted, 10/18/1950)

2-4-402 Oaths of allegiance: Required: Failure to comply.

(a) Dismissal of officers and employees. All officers and employees who do not or cannot subscribe and take such oath shall be discharged.

(b) Employment prohibited. No person who fails to take and subscribe such oath shall be employed by the City.

(451, Enacted, 10/18/1950)

2-4-403 False oaths of allegiance.

Any person falsely taking such oath shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(451, Enacted, 10/18/1950)

2-4-404 Fingerprinting: Failure to comply.

(a) Dismissal of officers and employees. All officers and employees of the City who fail to furnish their fingerprints shall be discharged.

(b) Employment prohibited. No person who fails to furnish his fingerprints shall be employed by the City.

(451, Enacted, 10/18/1950)

Article 5. Personnel System

2-4-501 Adoption of personnel system.

In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointment and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this article is hereby adopted.

(247-CS, Amended, 06/03/1976)

2-4-502 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Appointing power” shall mean the City Manager.

(b) “Class” shall mean all positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title and in the application with equity of common standards of promotion, selection, transfer, demotion, and salary.

(c) “Competitive service” shall mean all positions of employment in the service of the City, except those specifically excluded by this chapter.

(d) “Days” shall mean calendar days, unless otherwise stated.

(e) “Demotion” shall mean the movement of an employee from one class to another class having a lower maximum rate of pay.

(f) “Examination” shall mean selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.

(g) “Employment list” shall mean a list of names of persons who may be considered for employment with the City under specified conditions.

(h) “Grievance” shall mean any dispute concerning the interpretation or application of the employer-employee relations resolution or the memorandum of understanding, or of the rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights’ decision on wages, hours, and other terms and conditions of employment.

(i) “Layoff” shall mean the separation of employees from the active work force due to the lack of work or funds or to the abolition of positions by the Council for such reasons or due to organizational changes.

(j) “Part-time” shall mean an employee working less than twenty (20) hours per week.

(k) “Transfer” shall mean the change of an employee from one position to another position in the same class or in a comparable class.

(l) “Position” shall mean a group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

(m) “Probationary period” shall mean a working test period during which an employee is required to demonstrate his fitness for the position to which he is appointed by the actual performance of the duties of the position.

(n) “Promotion” shall mean the movement of an employee from one class to another class having a higher maximum rate of pay.

(o) “Provisional appointment” shall mean an appointment of a person who possesses less than the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

(p) “Reinstatement” shall mean the reemployment, without an examination, of a former regular employee or probationary employee.

(q) “Suspension” shall mean the temporary separation from the service of an employee, with or without pay, for disciplinary purposes or the good of the service.

(247-CS, Amended, 06/03/1976)

2-4-503 Personnel Officer.

The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this chapter to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Section 2-4-517 of this article. The Personnel Officer shall:

(a) Administer all the provisions of this article and of the personnel rules not specifically reserved to the Council;

(b) Prepare and recommend to the Council personnel rules and revisions and amendment to such rules;

(c) Prepare, or cause to be prepared, a position classification plan, including class specifications and revisions of the plan. The plan, and any revision thereof, shall be approved by the Council; and

(d) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; and the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(247-CS, Amended, 06/03/1976)

2-4-504 Hearings by the Council.

The Council, as provided by this article and by the rules adopted pursuant to this article, shall hear and render decisions on appeals to grievances submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of this article and any rules or regulation adopted pursuant to this article or the memorandum of understanding applicable to such person.

(247-CS, Amended, 06/03/1976)

2-4-505 Right of subpoena of the Council.

The Council shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the City and be signed by the Mayor and attested by the City Clerk.

(247-CS, Amended, 06/03/1976)

2-4-506 Competitive service.

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

(a) The City Manager;

(b) Elective officers;

(d) Persons engaged under contract to supply expert, professional, technical, or any other services;

(e) Volunteer personnel, such as volunteer fire fighters and police reserves;

(f) The City Attorney;

(g) Emergency employees who are hired to meet the immediate requirement of an emergency condition, such as an extraordinary fire, flood, or earthquake which threatens life or property; and

(h) Employees other than those listed elsewhere in this section who are not full-time employees in permanent positions.

(247-CS, Amended, 06/03/1976)

2-4-507 Adoption and amendment of personnel rules.

Personnel rules shall be adopted by the Council by ordinance or resolution after a notice of such action has been publicly posted at least five (5) days prior to Council consideration. The Personnel Officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution, or regulation, or amendment thereof, proposed to be adopted by the Council. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rule. The rules shall establish regulations governing the personnel system, including:

(a) The preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;

(b) The public announcement of all tests and the acceptance of applications for employment;

(c) The preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment;

(d) The certification and appointment of persons from employment lists and the making of any provisional appointment;

(e) The establishment of probationary periods;

(f) The evaluation of employees during the probationary period;

(g) The transfer, promotion, demotion, reinstatement, disciplinary action, and layoff of employees in the competitive service;

(h) The separation of employees from the City service;

(i) The establishment of adequate personnel records; and

(j) The establishment of appeal procedures concerning the interpretation or application of this article and any rules adopted pursuant to the provisions of this article.

(247-CS, Amended, 06/03/1976)

2-4-508 Appointments.

Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates, such as achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, the evaluation of daily work performance, work samples, or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.

In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests and set the minimum standards therefor.

Appointments shall be made by the Council or by the officer in whom the power to make appointments is vested.

When an appointment is to be made to a vacancy in the competitive service, the Personnel Officer shall transmit to the appointing power the names of all persons on the appropriate certified employment list in the order in which they appear on the list.

(247-CS, Amended, 06/03/1976)

2-4-509 Probationary periods.

All regular appointment, including promotional appointments, shall be for a probationary period of not less than six (6) months. Probationary periods of longer than six (6) months shall be observed if mandated by Federal or State agencies or by a recognized regulatory agency. A department head may extend the probationary period by six (6) months. During the probationary period the employee may be rejected at any time without the right of appeal or a hearing.

An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to a position in the class from which he was promoted, unless he is discharged from the City service as provided in this article and the rules adopted pursuant to the provisions of this article.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject him, unless he is discharged in the manner provided in this article and the personnel rules for positions in the competitive service.

(247-CS, Amended, 06/03/1976)

2-4-510 Status of present employees.

Any person holding a position included in the competitive service who, on June 3, 1976, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his class shall assume regular status in the competitive service in the position held on such date without a qualifying test and shall thereafter be subject in all respects to the provisions of this article and the personnel rules.

Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(247-CS, Amended, 06/03/1976)

2-4-511 Applicability of personnel rules to certain exempt positions.

The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full-time exempt positions, as set forth in Section 2-4-506 of this article, unless otherwise specified.

(247-CS, Amended, 06/03/1976)

2-4-512 Demotions, dismissals, reductions in pay, and suspensions.

The appointing power shall have the right, for cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty (30) calendar days any regular employee. Notice of such proposed action shall be in writing and be served personally on such employee at least five (5) working days prior to the action taken. Such notice shall specify the penalty and contain a statement of the reason or reasons therefor.

The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.

(247-CS, Amended, 06/03/1976)

2-4-513 Right of appeal.

Any employee in the competitive service shall have the right to appeal to the Council any proposed disciplinary action or alleged violation of this article or the rules and regulations adopted pursuant to the provisions of this article, except in those instances where the right of appeal is specifically prohibited by this article and said rules and regulations or the memorandum of understanding applicable to such employee.

All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures set forth in the personnel rules and regulations adopted pursuant to this article.

(247-CS, Amended, 06/03/1976)

2-4-514 Layoffs and reemployment.

Whenever in the judgment of the Council it becomes necessary in the interests of economy or because the necessity for a position no longer exists, the Council may abolish any position in the competitive service, and the employee holding such position may be laid off without taking disciplinary action and without the right of appeal.

The order of layoffs of employees shall be established by the Personnel Officer on the recommendation of the department head involved. The department head shall take into consideration the job performance and length of service of employees in preparing a recommended layoff list; provided, however, no regular or probationary employee shall be laid off from his position in any department while any emergency or provisional employee is serving in that department.

Employees to be laid off shall be given at least fourteen (14) days’ prior notice.

The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon reemployment lists for one (1) year for those classes requiring basically the same qualifications, duties, and responsibilities of the class from which the layoff or demotion in lieu of layoff was made.

Persons whose names are placed on reemployment lists in accordance with this section, and who are reemployed within the prescribed period, shall be regarded as having been on leave of absence and shall be entitled to all benefits accruing from such leave.

(1134-CS, Amended, 01/07/10; 247-CS, Amended, 06/03/1976)

2-4-515 Improper political activities.

The political activities of City employees shall conform to the pertinent provisions of State and Federal laws.

(247-CS, Amended, 06/03/1976)

2-4-516 Discrimination.

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, ancestry, national origin, religious creed, or sex or because of the exercise of his rights under Section 3502 of the Government Code of the State.

(247-CS, Amended, 06/03/1976)

2-4-517 Right to contract for special services.

The City Manager shall consider and make recommendations to the Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this article:

(a) The preparation of the personnel rules and subsequent revisions and amendments thereof;

(b) The preparation of a position classification plan and subsequent revisions and amendments thereof;

(d) The conduct of employee training programs; and

(e) Special and technical services of an advisory or informational character on matters relating to personnel administration.

(247-CS, Amended, 06/03/1976)

2-4-518 Criminal conduct: Ineligibility for employment.

(a) Except as otherwise provided in this section, the conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City; provided, however, the appointing power may disregard such conviction if it is found and determined by such appointing power that mitigating circumstances exist. In making such determination, the appointing power shall consider the following factors:

(1) The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;

(2) The nature and seriousness of the offense;

(3) The circumstances surrounding the conviction;

(4) The length of time elapsed since the conviction;

(5) The age of the person at the time of the conviction;

(6) The presence or absence of rehabilitation or efforts at rehabilitation; and

(7) Contributing social or environmental conditions.

(b) The appointing power shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and shall be delivered personally or mailed to the applicant at the address shown on the application for employment.

(c) An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and shall be filed with the City Clerk within ten (10) days after the date of the notice of disqualification. The Council shall hear and determine the appeal within ninety (90) days after it is filed with the City Clerk. The determination of the Council on the appeal shall be final.

(d) Notwithstanding the foregoing provisions of this section, an applicant for a peace officer position shall be disqualified, without the right of appeal, from employment if the applicant shall have been convicted of a felony.

(e) Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State Summary Criminal History Information when it is needed to assist them in fulfilling the employment duties set forth in this section: the City Manager, City Attorney, Personnel Officer, department heads, the Council, and any public official who, in the opinion of the City Manager, has a need to know such history.

(f) Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State Summary Criminal History Information when it is needed to assist them in determining whether the best interests of the City are served by continuing, limiting, or discontinuing service by an employee charged with or committing a felony while employed by the City: the City Manager, City Attorney, Personnel Officer, department heads, the Council, and any public official who, in the opinion of the City Manager, has a need to know such history.

(304-CS, Amended, 08/18/1977; 262-CS, Enacted, 10/07/1976)

2-4-519 Right to obtain information regarding disqualification of applicants for employment.

For the purpose of obtaining information concerning the provisions of Section 2-4-518 of this article, the Personnel Officer and the Assistant Personnel Officer are authorized to have access to State Summary Criminal History information pursuant to subsection (10) of subsection (b) of Section 11105 of the Penal Code of the State.

(262-CS, Enacted, 10/07/1976)

Article 6. Retirement System

2-4-601 Created.

A retirement system for the employees and officers of the City is hereby created and established pursuant to the provisions of Sections 45341 and 45342 of the Government Code of the State.

(673, Enacted, 03/04/1963)

2-4-602 Purposes.

The purposes of this article are as follows:

(a) To establish a plan to provide retirement and death benefits for City employees in order to effect economy and efficiency in the public service; and

(b) To provide a means by which employees who become superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees.

(673, Enacted, 03/04/1963)

2-4-603 Retirement Board: Created: Membership.

There is hereby created a Retirement Board which shall consist of five (5) members and be comprised as follows:

(a) Two (2) members of the Council;

(b) The City Manager;

(d) One lay member who shall be a registered elector of the City.

(673, Enacted, 03/04/1963)

2-4-604 Retirement Board: Membership: Appointment: Terms.

The members of the Council shall be appointed by and serve at the pleasure of the Council. The City Manager and the City Attorney shall serve during their tenure of office. The lay member shall be elected by the other four (4) Retirement Board members with the concurrence of the Council and shall serve for a period of two (2) years.

Any member elected to the Retirement Board may be elected or appointed to succeed himself.

(673, Enacted, 03/04/1963)

2-4-605 Retirement Board: Membership: Compensation.

The Retirement Board members shall serve without additional compensation for their services on such Board.

(673, Enacted, 03/04/1963)

2-4-606 Retirement Board: Meetings.

(a) Adoption of regulations. The Retirement Board members shall adopt rules and regulations governing the holding of meetings and the time, place, and manner of conducting meetings.

(b) Minutes and records. The City Clerk shall keep the minutes of all meetings and shall keep all records of the Board.

(673, Enacted, 03/04/1963)

2-4-607 Retirement Board: Chairman.

The members of the Retirement Board shall elect their own chairman.

(673, Enacted, 03/04/1963)

2-4-608 Retirement Board: Powers and duties.

The Retirement Board shall administer the retirement system of the City and shall determine the eligibility of benefits under the retirement system and the conditions of retirement. The decision of the Board shall be final.

(673, Enacted, 03/04/1963)

2-4-609 Contract for purchase of annuities.

For the purpose of providing funds for the retirement system created by the provisions of this article and to accomplish the purposes of this article, the Council hereby authorizes the execution of a contract for the purchase of annuities for each retired employee as provided for in such contract. Such contract, marked “Exhibit A,” is on file in the office of the City Clerk and is hereby adopted by reference and made a part of this article as though set forth in this article in full.

(673, Enacted, 03/04/1963)

2-4-610 Participation: Termination.

In order for the provisions of the contract for the purchase of annuities to remain effective, at least seventy (70%) percent of the eligible employees shall participate in the retirement plan. If at any one time membership in such plan shall fall below seventy (70%) percent of the eligible employees, the plan shall be terminated in accordance with the provisions set forth in such contract.

(673, Enacted, 03/04/1963)

2-4-611 Effect of Social Security benefits.

All benefits received pursuant to the provisions of this article shall be in addition to any and all benefits employees may otherwise be entitled to by virtue of participation in the Federal Insurance Contribution Act (Social Security program).

(673, Enacted, 03/04/1963)

2-4-612 Amendment of provisions.

The provisions of this article may be amended from time to time.

(673, Enacted, 03/04/1963)

Article 7. Training of Law Enforcement Officers

2-4-701 Declaration of qualification.

The City hereby declares that it desires to qualify to receive aid from the State pursuant to the provisions of Chapter 1 of Title 4 of Part 4 of the Penal Code of the State.

(634, Enacted, 01/06/1961)

2-4-702 Declaration of adherence to standards.

Pursuant to the provisions of Section 13522 of said Chapter 1 of the Penal Code of the State, the City, while receiving aid from the State pursuant to said Chapter 1, shall adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

(634, Enacted, 01/06/1961)

Article 8. Training of Public Safety Dispatchers

2-4-801 Declaration of qualification.

The City declares that it desires to qualify to receive aid from the State under the provisions of Section l3522, Chapter l, of Title 4, Part 4 of the California Penal Code.

(649-CS, Enacted, 12/10/1988)

2-4-802 Declaration of adherence to standards.

(a) Pursuant to Section 13510 (c), Chapter 1, the Turlock Police Department will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST).

(b) Pursuant to Section 13512, Chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the Turlock Police Department’s Public Safety Dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training.

(649-CS, Enacted, 12/10/1988)