HomeMy WebLinkAboutReso 118-1980RESOLUTION N0~'118,80
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO APPROVING AND ADOPTING THE
SOUTH SAN FRANCISCO PERSONNEL RULES AND
REGULATIONS, 1.980 EDITION-,. AND-SUPERSEDING
PREVIOUS 'EDITIONS .................. '
BE IT RESOLVED by the City Council of the City of South San Francisco
that the South San Francisco Personnel Rules and Regulations set forth in
themanual entitled "South San Francisco Personnel Rules and Regulations
Manual," 1980 Edition, issued by the City Manager, attached as Exhibit "A"
hereto are hereby incorporated by reference herein, are hereby adopted,
with the exceptions noted' herein, and approved and supersede previous
editions;
BE IT FURTHER RESOLVED that the last paragraph of Page 35 of said
manual is hereby revised to read as follows'
"The Personnel Board shall render its decision in writing within
thirty (30) working days following the closing of hearings and
shall furnish copies of such decision to all parties involved.
The Personnel Board may, upon making a finding of necessity, which
finding shall be supported by substantial evidence, extend the
deadline for rendering its decision for an additional fifteen (15)
working days. The majority findings of the Board shall be binding
except in instances where they entail capital expenditures or
significant unbudgeted expenditures. In those cases, the ruling
shall be submitted to the City Council for action which may include
modification or reversal."
·
I hereby certify that the foregoing Resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco
at a regular meeting~held on the 1st day of October
1980, by the following vote:
AYES: Councilmen Ronald G. Acosta, Mark N. Addiego and Gus Nioclopulos
NOES:
ABSENT:
None
Councilman Emanuele N. Damonte and Councilwoman Roberta Cerri Teglia
ATT E ST:
City
e
EXHIBIT "A" TO RESOLUTION NO. 118-80
adopted 10/1/80
CITY OF SOUTH SAN FRANCISCO
PERSONNEL RULES AND REGULATIONS MANUAL
1980 EDITION
Page'No.
1- 4.
5
6
7- 9
10- 12
13- 16
17- 18
19- 22
23- 24
25- 27
28
29 - 31
32- 33
34- 36
37
38
39
40
41
TABLE OF CONTENTS
Rule No.
1 - Purpose and Definitions
2 - General Provisions
3- Personnel Board
4 - Classification and Pay Plan
5 - Hours of Work, Overtime and Premium Pay
6- Leaves
7 - Employment Announcements and Applications
8- Employment Examinations
9- Employment L.~.sts
10 - Employment Appointments
11 - Probationary Period
12- Personnel Actions: Non-Disciplinary
_
13 - Disciplinary Action
14- Grievance Procedure
15- Training and Safety
16- Reports and Records
17- Outside Employment
18- Political Activities
19- Cooperation
RULE 1. PURPOSE AND DEFINITIONS
PURPOSE
The objectives of these Rules are to facilitate efficient and economical services
to the public and to provide for a fair and equitable system and personnel manage-
ment in the City government.
These Rules set forth, in detail, those procedures which insure similar treatment
for those who compete for original employment and promotion, and define the
obligations, rights, privileges, benefits and prohibitions which are placed upon
all employees in the Classified Service of the City.
DEFINITIONS
The words and terms used in these Rules shall have the meaning indicated as follows,
unless the context clearly indicates otherwise:
1.01
ALLOCATION: The assignment of a position to its proper job classification
in accordance with its duties and levels Of responsibility.
1.02 APPOINTING AUTHORITY: The City Manager.
1.03
APPOINTMENT: The offer of and acceptance by a person of a position in the
Classified Service pursuant to the provisions of the Personnel Ordinance
and these Rules and Regulations.
1.04
AP PO I NTMENTS:
a) Original' - The initial appointment of an employee to a position in the
Classified Service.
b) Promotional - A subsequent appointment of an employee to a position in
a higher classification in the Classified Service.
c) Provisional - The appointment, pending an examination, of a qualified
person to fill a position in the Classified SerVice for which no employ-
ment list exists.
d) Temporary - The appointment of an eligible or, where no employment list
exists, a qualified person to fill a position for a limited period of
time.
1.05 BOARD: The Personnel Board of the City of South San Francisco.
1.06
CANDIDATE: An applicant accepted for participation in the examination
process.
1.07
CERTIFICATION: The submission of names of eligibles from an appropriate
list.or lists to a department head by the Personnel Officer.
1.08 CITY: The City of South San Francisco.
-1-
-.
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
-.,
1.18
1.19
1.20
1.21
CLASS: A group of positions having duties and levels of responsibility
sufficiently similar that the same job title, examples of duties, minimum
qualifications and methods of selection may be applied.
CLASSIFIED SERVICE' Those positions or classes .of positions set forth in
Section 6 of the City Personnel Ordinance.
CLASSIFICATION PLAN: The arrangement of positions in classes, together
with the title for and specification describing each classification.
DAYS: Calendar days unless otherwise indicated.
DEMOTION: A change of status of an employee from a position in one class-
ification to a position in another carrying a lower maximum rate of -pay.
DISMISSAL: Removal of an employee from City employment.
ELIGIBLE: Any person on an employment list for a given classification.
EMPLOYMENT LIST:
a) Open-Competitive - A list of candidates who have qualified in an
examination open to all qualified individuals.
b) Promotional - A list of candidates who have qualified in an examination
open only to qualified City employees.
c) Reemployment - A list of former employees who have been laid off and
who are eligible for reemployment in their former classification or
in a comparable classification carrying the same or lower maximum rate
of pay.
d) Reinstatement - A list of former employees who resigned from the City
service in good standing and who are eligible for reinstatement to
their former classification or to a comparable classification carrying
the same or lower maximum rate of pay.
IMMEDIATE FAMILY: Employee's spouse, parents, children (natural, step or
adopted), sister, brother, grandparents, mother-in-law, father-in-law,
brother-in-law, sister-in-law, daughter-in-law and son-in-law.
LAYOFF: (Non Disciplinary): Termination of employment in the interest of
economy or because the necessity of the position or employment involved no
longer exists.
LEAVE OF ABSENCE: Permission to be absent from duty for a specified
purpose, with the right to return before or upon the expiration of the
1 eave period.
PERMANENT EMPLOYEE- An employee who had completed the prescribed probationary
period for his classification.
PERMANENT POSITION: Any position in the Classified Service that will require
appointment for more than six (6) months.
-2-
'.
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
-.,
1.35
1.36
1.37
1.38
PERSONNEL ORDINANCE: Ordinance No. 449, amended, which creates a personnel
system for the City.
PERSONNEL OFFICER: The City Manager 6r his designated representative.
POSITION: A combination of duties regularly assigned to be performed by one
person.
PROBATIONARY EMPLOYEE: An employee whose permanent status under an original
or promotional appointment is contingent upon successful completion of a
prescribed period of observation to determine fitness for the work being
performed.
PROBATIONARY.PERIOD: A prescribed period of time under an original or
promotional appointment where the employee's performance is observed to
determine fitness for the work being performed.
PROMOTION: Advancement from a position in one classification to a position
in another carrying a higher maximum rate of pay.
QUALIFY: An applicant or appointee who meets the employment' standards for
a classification in a Classified Service.
RESIGNATION: A voluntary termination of employment.
SEPARATION: Any termination of employment.
SPECIFICATION: The official description of a job classification including:
the title; a statement of duties and levels of responsibility; and standards
of employment such as required training, experience, knowledges, skills and
abilities.
SUSPENSION: An involuntary absence imposed by the appointment authority for
disciplinary.purposes or pending investigation of charges.
TRANSFER: A change between positions within the same classification for a
similar classification carrying the same, or essentially the same, maximum
rate of pay.
VACANCY: Any unfilled position in the Classified Service.
WAIVER: The voluntary relinquishment by an eligible of the right to consider-
ation for appointment to a specific position.
YEAR: The calendar year unless otherwise indicated.
· MASCULINE AND FEMINIME: Masculine referenced terms include the feminine
and vice-versa (except as referenced in the Maternity Leave Policy in
Section 6.06).
PART-TIME EMPLOYEE: A part-time employee works a fraction of the normal
workday or workweek.
-3-
1.39
1.40
FISCAL YEAR: The period commencing on July 1st of one calendar year and
ending June 30th of the calendar year immediately following.
SINGULAR AND PLURAL: The singular number includes the plural and the
plural the singular.
-4-
2.01
2.02
2.03
RULE 2. GENERAL PROVISIONS
FAIR EMPLOYMENT:
No question in any test, in any application form, or in any other personnel
proceeding, or of any City official or employee, shall be so framed as to
attempt to elicit information concerning political or religious opinions or
affiliations of an applicant, candidate, eligible, or employee. No appoint-
ment to or removal from a position in the Classified Service shall be
influenced in any manner by considerations of race, sex, color, marital
status, ancestry, national origin, age, non-related physical and/or mental
handicap, political or religious opinion or affiliation, unless determined
to be a bona fide occupational qualification.
VIOLATION OF RULES:
Violation of the provisions of these Rules shall be grounds .for disciplinary
action.
AMENDMENT AND REVISION OF RULES:
Amendments to these Rules shall be proposed to the City Council afterJfirst
having been reviewed by the appointing authority and Personnel Board. The
appointing authority shall notify the City Council of proposed amendments.
Proposed amendments shall be posted on the City Hall Bulletin Board and each
employee organization shall be notified, in writing, five (5) working days
prior to consideration by the City Council. At the time of consideration,
interested parties may appear and be heard. Amendments and revisions to the
Rules shall be by Council Resolution.
-5-
RULE 3. PERSONNEL BOARD
3.01
3.02
MEETINGS: ·
The Personnel Board shall hold regular monthly meetings on the third Tuesday
of each month at 8:00 p.m., City Hall Conference Room, 400 Grand Avenue,
South San Francisco. Any reg'ular meeting may be adjourned to a time certain
and to a place deSignated by the Chairperson. In addition, the Board may
hold special meetings upon the call of the Chairperson or any three (3)
members of the Board upon notice of special meetings to be posted and
distributed pursuant to the Government Code. Three (3) members of the Board
shall constitute a quorum for the transaction of business. Meetings shall
be conducted in accordance with such rules and procedures as may be adopted
by the Personnel Board.
PUBLIC HEAR I NGS:
a) Hearings Related To Civil Service Matters: Hearings conducted by the
Personnel Board which relate to civil service matters such as recruit-
ment, examination, appointment,'promotion, demotion and discipline or
discharge, shall be public. Whenever a meeting is held to consider
the dismissal of a City employee or to hear complaints or charges
brought against a City employee, unless sUch employee requests a public
hearing, the Board may limit attendance to the appointing authority, the
employee requesting the hearing, together with such representative as he
designates, the officer or officers from whose action the appeal is taken,
and such witnesses as the Board may require to be present. The Board may
exclude from the hearing, public or private, during the examination of a
particular witness, all other witnesses in the matter. The hearing need
not be conducted according to technical rules relating to evidence and
witnesses.
b) Hearings Relating To Matters Of Employee-Employer Relations: Hearings
conducted by the Personnel Board which relate to employee grievances
filed in accordance with these Regulations, shall be conducted according
to procedures established by the Board consistent with the provisions
of Rule 3.02(a), above.
-6-
4.01
4.02
RULE 4. CLASSIFICATION AND PAY PLAN-
RESPONSIBILITY:
The responsibility for the development and' administration of the City's
Classification and Pay Plan shall reside with the appointing authority.
Amendments to the Plan caused by modifications to positions, classes and
salary ranges shall be submitted by the appointing authority to the City
Council for adoption, by Resolution.
THE PLAN:
The Plan shall cover all positions in the Classified Service and Shall
consist of the fol 1 owing components:
a) An Allocation List reflecting the number and departmental location of
such position allocated to the respective job classification and the
current salary range applicable to the class.
The initial allocati'on of a position or positions to the proper class-
ification shall be based upon common characteriStics, which shall include
the:
i. Basic tasks performed.
ii. Basic skills, knowledges, abilities, physical and other
characteristics required.
iii. Minimum education, experience, and training content considered
prerequisite for standard performance.
iv. Working conditions.
v. Amount and type of supervision given.
Vi. Amount and type of supervision exercised.
The title established for each classification shall be generally
descriptive of the type and level of work performed by the positions
allocated to it. The official class title shall be used in all
Personnel and other City documents applicable to referring to the
class, its positions or the employees appointed to it.
b) A Class Specification Manual containing descriptions of all job class-
ifications currently in the Classified Service. The class description
is intended to clearly set forth the basic work tasks, knoWledges, skills,
abilities and minimum employment qualifications applicable to each
classification. The specification shall not be construed as an all-
inclusive list of tasks performed; or be interpreted as restricting
the assignment of related tasks not specifically listed therein; or
as limiting the authority of supervisory personnel to assign, direct
and control the work of subordinate employees.
-7-
4.03
4.04
Each class specification shall contain the following information:
i. The class title.
ii. A brief definition of the .scope, nature and responsibilities
of the class.
iii. A listing of examples of typical tasks performed.
iv. A statement regarding characteristics which distinguish the
class from related classifications.
v. The knowledges, skills, abilities, physical and other
characteristics required.
vi. The minimum employment qualifications in terms of the. type
and/Or content of education, experience and training.
c) A Pay Schedule containing a table or series of salary ranges between
which there is an approximately equal percentage difference. All salary
ranges shall have five pay steps with a percentage spread between each
step of approximagely five percent (5%). The dollar amounts of ranges
may be expressed in terms of hourly, bi-weekly, monthly or annual rates
or any combination of these. Each classification shall be assigned to
a range in the Pay Schedule which designation shall be modified
periodically to reflect Council-appointed general salary adjustments,
~lassification actions and other actions impacting upon range assign-
.ments. No position in the Classified S~rvice shall be assigned a salary
not in conformance with the salary range established for its class.
'MAINTENANCE OF PLAN:
When it is proposed that a new position in the Classified Service be added
or an existing one reclassified or abolished, the City officer proposing
the change shall submit the justification therefor to the appointing
authority who shall conduct or have conducted the necessary review.
The appointing authority shall have the authority to initiate at any time
a study to determine the appropriateness of any position's classification
allocation. An employee shall also have the right to request his depart-
ment head for such a reivew, which shall not be subject to the grievance
procedure set forth in these Rules.
The appointing authority shall make the final determination on all actions
arising under this provision, subject to approval by the City Council where
the determination results in an amendment to the Plan.
SALARY ADMINISTRATION:
a) The first step of the salary range assigned ~e particular class shall
apply to employees upon original appointment; provided, however, that
the appointing authority may appoint at other than the first step if
-8-
he determines that it is not feasible or is not in the best interests
of the City'to recruit personnel at the first step.
b) Employees in the Classified Service promoted from a position in one
class to a position in a higher class, shall, as of the effective date
of the promotion to the new class, receive not less than the equivalent
of a.one-step salary increase. The effective date of the promotion
shall determine the new pay anniversary date in the new position, but
shall not serve to alter the employment anniversary date established
upon original appointment. The latter date shall continue to control
for purposes of establishing eligibility for such service-related
benefits as vacation and longevity pay.
c) Employees in the Classified Service, appointed at the first (or "A")
salary step, shall be eligible for advancement to the second (or "B")
step of the specific salary range six (6) months after original appoint-
ment, provided that the employee's performance and attendance merits the
increase. Advancement to the remaining steps may be made after twelve
(12) months of satisfactory service at each successive salary step.,
provided that the employee's performance and attendance merits the
increase.
The pay anniversary date of an employee shall remain the same, as long
as the employee remains in the same class. A reinstated or reemployed
employee shall be appointed at the step which the appointing authority
deems appropriate, based upon the employee's prior length of service
and level of performance, and a new pay anniversary date shall be
established based upon the date of reinstatement.
An employee's pay increase shall not be affected by any leave of absence
for less than two.payroll periods (27 calendar days). If he is absent
for two or more payroll periods (28 calendar days), the total amount of
time off shall be made-up before the employee shall be entitled to such
pay increases.
-9-
5.01
5.02
5.03
RULE 5. HOURS OF WORK, OVERTIME AND PREMIUM PAY
HOURS OF WORK:
a) Work Day-The regular, straight time workday shall consist of eight (8)
hours within a nine (9). hour period except as may be provided for
employees assigned to continuous operations, (i.e., operations which
must be manned twenty-four (24) hours per day and seven (7) days per
week) or as otherwise approved by the appointing authority.
b) Work Week - The regular, straight time workweek shall consist of forty
(40) hours in a period of five consecutive days except as may be provided
for employees assigned to continuous operations as defined above.
c) Meal Period - Except for personnel assigned to continuous operations,
a meal period of thirty to s'ixty (30 to 60) minutes shall be provided
all employees to be scheduled approximately midway through the regular
eight-hour workday, subject to department head approval. This period
shall not constitute paid time.
d) Rest Periods - Except for personnel assigned to continuous operations,
one (1) paid rest period of fifteen (15) minutes shall be provided all
employees during each half of their regular eight-hour'work day.
e) Continuous Operations - Employees for whom necessity requires a different
schedule than that generally applied, shall work according to regulations
prepared by the respective supervising officials and approved by the City
Manager.
f) Scheduling - Department heads, with the approval of the appointing
authority, shall prescribe the-hours and schedules for work for their
personnel with due regard 'for the convenience of the public and the
laws of the State and City.
ATTEN DANCE:
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, leaves and related provisions. Failure on the part
of an employee absent without leave to return to duty within twenty-four (24)
hours after notice to return, may be cause for discharge.
RESIDENCY REQUIREMENTS:
In order to assure employees availability for the protection of life and
property and to otherwise serve the health, safety and welfare of the
community, the appointing authority is authorized to establish boundaries
in which employees must reside, not to exceed twenty-five (25) road miles
from.residence to work site and not necessitating the transversing of a
San Francisco Bay bridge. Boundaries may vary within the twenty-five (25)
mile limit by operating unit, the type of personnel involved and the type
of emergency, but shall not serve to require employees to reside within
City's corporate boundaries.
-10-
5.04
5.05
5.06
OVERTIME:
a) Overtime Rate - All 'employees who work in excess of their regularly
scheduled workday or workweek as defined in Rule 5.01 above, shall be
entitled to compensation for such overtime at the rate of time and
one-half (1½) their basic rate of pay, except as might otherwise be
provided for in these Rules or Memoranda of Understanding.
All overtime hours worked shall be authorized in advance by the
appropriate department head or a subordinate manager specifically
vested with this authority by the department head.
b) 'Method of Payment - In accordance with policies established by the
appointing authority, department heads shall have the discretion, to
compensate Overtime worked by either cash payment or by compensatory
time off.
All compensatory time accrued under this provision shall be taken by
the employee within sixty (60) days of the date earned unless this
period is extended by the department head upon prior approval of the
appointing authority. However, at no time may any employee have a
total of accrued compensatory time in excess'of twenty-four (24)
hours.
c) Minimum - No .form of overtime payment shall be made where time worked
prior to the beginning of a shift or following completion of a shift
is less than twelve (12) minutes' duration.
d) Records - Each department shall maintain overtime records in a current
manner and in such a form that they may be readily adaPtable to audit.
The appointing authority may require, as he deems appropriate, period.ic
reports of overtime worked.
MANDATORY IN-SERVICE TRAINING:
Mandatory in-service training shall not constitute overtime; however, except
for probationers, if mandatory training is requested by a department head
and it is not feasible to conduct such training during regular working hours,
employees engaged in such training shall be entitled to compensation on a
straight time basis for the time of actual training. The final decision on
initiating any in-service training on other than regular working hours shall
be made by the City Manager.
.PREMIUM PAY:
a) Work In A Higher Classification - The terms and conditions under which
additional compensation is provided for employees working in a higher
job classification shall be governed by provisions of prevailing
menoranda of understanding between the City and its recognized employee
organizations, or by the terms of prior memoranda which have been
continued unchanged by express agreement by the City and its recognized
employee organizations.
-11-
5.07
5.08
b) Call-Back Pay -The terms and conditions under which additional
'compensation is provided for employees called back to work shall
be governed by provisions of prevailing memoranda of understanding
between the City and its recognized employee organizations, or by
the terms of prior memoranda which have been continued unchanged
by express agreement by the City and its recognized employee
organizations.
c) Court Appearances - Employees who are required in the course of
their official employment to appear in court during their off-duty
hours shall be paid or provided compensatory time off at the rate
of time and one-half (1½) for all hours worked in this capacity.
LONGEVITY PAY:
LongeVity pay shall be provided to eligible employees in accordance with
the terms of current memoranda of agreement between the City and its
recognized employee organizations or by the terms of prior memoranda
which have been continued unchanged by express agreement by the City and
its recognized employee organizations.
CAREER INCENTIVE PAY:
Career Incentive payments shall be provided pursuant to the terms of
current memoranda of agreement between the City and the recognized employee
organization representing such personnel; or by the terms of-prior
memoranda covering such personnel which have been continued unchanged by
express agreement of the City and the appropriate recognized employee
organization.
-12-
6.01
VACATIONS:
RULE 6. LEAVES
a) Usage - All employees in permanent, full-time positions shall be
entitled to vacation leave, which shall accrue upon the date of
employment but which shall not be taken until the completion of
the sixth (6th) month of employment.
Department heads shall schedule vacation periods for all eligible
personnel giving due consideration to the performances of the
employee and needs of the service.
b) Deferral - Where an employee does not or cannot, due to operating
needs, take a full amount of vacation to which he is entitled in
a calendar eyar, the employee may defer, with approval of the
department head, the unused portion to the following year.
c) Pay-Out - Employees separating from the City service shall be paid
the current, hourly rate for all unused, accrued vacation leave hours.
d) Accrual Rates - The rate at which vacation is accrued shall be governed
by the terms of current memoranda of agreement between the City and its
recognized employee organizations, or by the terms of prior memoranda
which have been continued unchanged by express agreement of the City
and its recognized employee organizations.
e) Holidays Occurring During Vacation Leave - Where a City holiday is
defined in Rule 6.03 falls during the' period of an employee's vacation
leave, that day shall not be charged against the employee's vacation
accrual. However, employees on continuous operations shall receive
holiday pay for said holiday.
f) Serious Illness Or Injury Occurring During Vacation - Where a serious
illness or injury requires immediate medical attention and which
confines an employee to a hospital or to his home during his vacation
leave, the days of confinement shall not be charged against the
employee's vacation accrual, providing the following conditions are
met:
1. Employees must substantiate a serious illness or injury
by submitting documentation for said serious illness or
injury from a physician.
2. Employees exercising this privilege must cause to be
contacted his supervisor or department head on the
date that employee expects to substitute accumulated
sick leave for accumulated vacation and, in no eVent,
shall a substitution be permitted retroactively from
the date of reporting said serious illness or injury
to the date of actual occurrence.
6.02
6.03
3. Documentation of a serious illness or injury shall be
submitted to the Personnel Officer for review, deter-
mination and disposition. The decision of the Personnel
Officer to allow or disallow the substitution shall be
final.
4. The City reserves the right to have validated any medical
document or opinion submitted by referring same to the
City's physician.
5. On the date an employee is certified to return to work
and the employee's scheduled vacation has expired, he
shall return to work. Unused vacation days shall be
credited to employee to be rescheduled at a later time
mutually agreeable to the employee and the department
head.
SICK LEAVE - FAMILY LEAVE - MEDICAL APPOINTMENTS:
Provisions applicable to sick leave, family leave and medical appointments
shall be governed by the terms of current memoranda of agreement between
the City and its~ recognized employee organizations, or by the terms of
prior memoranda which have been continued unchanged by expres~ agreement
of the City and its recognized employee organizations.
HOLIDAYS:
a) Days Observed - Authorized holidays shall be governed by the terms of
current memoranda of understanding between the City and its recognized
employee organizations, or by the terms of prior memoranda which have
been continued unchanged by express agreement of the City and its
recognized employee organizations.
b) Holidays Worked - Except for personnel assigned to continuous operations,
employees who are directed to work on any of the holidays cited in
Rule 6.03(a), shall be paid or provided compensatory time at the rate
of time and one-half (1½) their basic rate of pay.
c) Continuous Operations- Personnel assigned to continuous operations
who, by nature of their assignment, are unable to observe City holidays
shall be compensated for same. The City will consider making a reason-
able accommodation for individuals desiring observance of a religious
holiday, particular to their particular religious belief and/or religion.
Should this provision conflict with the terms of any current memorandum
of agreement or any prior memorandum extended by the parties, the
memorandum of agreement shall control.
Personnel scheduled to work on a City holiday, but who are unable to
do so due to a job-related injury shall remain eligible for payment in
accordance with this provision as long as he is not receiving compen-
sation from other sources. An employee unable to work a holiday due
to illness or to an injury unrelated to the job shall also be compensated
for the holiday pursuant to this provision provided that he submit to
the department head a doctor's certificate verifying the illness or injury.
-14-
6.04
6.05
6.06
d) Availability Day Before/After Holiday - Where an employee is off work
due to illness or to an injury unrelated to the job on a regularly
scheduled work day immediately preceding or following a holiday for
which compensation is received under these Rules, the employee shall
submit to the department head a doctor's certificate confirming the
illness or injury. Failure to do so shall result in the employee
not being paid for the holiday in question unless it can be demonstrated
that it was impossible for the employee to consult a physician under the
particular circumstances.
JURY DUTY:
An employee who is called to serve as a juror shall be entitled to leave
during the period of such service or while necessarily being preseni~ in
court as the result of such a summons. Under these circumstances, the
employee shall be paid his regular salary for this period provided the
employee remits to the City juror fees received. Such fees shall not
include mileage reimbursements or subsistence payments.
MILITARY LEAVE:
Military leave shall be granted in accordance with the provisions of
applicable State and Federal law. All employees legally entitled to
military leave shall provide the department head an opportunity, within
the limits of military orders or regulations, to determine when such
leave shall be taken. Department heads may modify the employee's work
schedule to accommodate the requirements applying to the leave.
MATERNITY LEAVE:
Leave shall commence upon certification from the employee's attending
physician that she is no longer capable of performing the duties of her
position.
Upon the advise of her physician, the employee may request a temporary
transfer to a less strenuous or hazardous position carrying the same or
lower salary which she is qualified to perform. Where such transfers have
by practice, policy or negotiated agreement been granted for temporary
disabilities other than pregnancy, the transfer of the employee shall be
accommodated. Where temporary transfers have not been granted under other
circumstances, the employee's request will be approved only if it can be
reasonably accommodated. However, nothing herein shall result in the
displacement or transfer of other employees in permanent positions or the
performance of unnecessary work.
Where it is the opinion of the department head that the employee should
be placed on leave sooner than prescribed by her physician due to her
inability to effectively or safely perform the duties of her regular
position or of one to which she has been, or could otherwise be, temporarily
transferred, the employee may be required to undergo examination by a
second physician. The cost of this examination shall be paid by the City
and shall not be ordered without prior approval of the appointing authority.
-15-
6.07
6.08
The employee shall be entitled to utilize sick leave benefits' on the
same basis as other classified employees who are'temporarily disabled
due to a non-industrial illness or injury. While the pregnant employee
is on a paid leave status, service credits shall continue to accrue and
the City shall continue payments toward group insurance and retirement
coverage.
Upon expiration of the approved leave, the employee shall be reinstated
to her former position or to a comparable one if the former position is
abolished during the period of leave and the employee would otherwise not
have been laid off. Prior to the employee being reinstated, the department
head may require a statement from the attending physician that the employee
is physically capable of resuming the regular duties of her position.
An employee may request a leave of absence as provided under Rule 6,07 at
the conclusion of her disability.
OTHER LEAVES WITHOUT PAY'
The appointing authority may grant an employee in a permanent position a
leave of absence without pay not to exceed one (1) year. The request for
leave, and the reasons therefor, shall be submitted in writing and must be
approved by both the department head and the appointing authority.
Upon expiration of the approved leave, the employee shall be reinstated
in his former position without loss of service credits or benefits
(subject to the terms of the policies) accrued prior to said leave. However,
during the period of the leave, the employee shall not accrue service
credits, nor shall the City continue contributions toward group insurance
or retirement coverage.
Failure on the part of an employee to return to work on the date scheduled,
shall be cause for disciplinary action.
ELIGIBILITY BENEFITS - PART-TIME, TEMPORARY AND PROVISIONAL EMPI.OYEES-
a) Temporary and Provisional Employees - Employees holding temporary and
provisional appointments to positions in the Classified Service shall
not accrue or be provided service credits or any benefits other than
that which may be required by State or Federal law.
b) Part-Time Employees - Part-time employees shall not accrue or be provided
service credits or any benefits other than that which may be provided by
the City Council or required by State of Federal law.
-16-
7.01
7.02
7.O3
RULE 7. EMPLOYMENT ANNOUNCEMENTS'AND APPLICATIONS
.
JOB ANNOUNCEMENTS:
All examinations for classifications in the Classified Service shall be
published by distributing announcements of the examination to all City
departments and through such other sources as are deemed necessary by
the Personnel Board to attract a sufficient number of qualified applicants.
In addition, announcements of all open-competitive examinations shall be
advertised in.at least one newspaper circulated in the City.
Announcements shall specify:
a) The class title.
b) The current salary rate.
c) The nature of the work to be performed.
d) The minimum job requirements.
e) The place and last date to file application.
f) Such other information as will assist applicants in
understanding the nature of employment and the specific
procedure (i.e., types of examination, weighting factors, etc.).
APPLICATION FORMS: .....
All applications for employment must. be made on official, standard forms, or
as otherwise specified, furnished by the Personnel Office and approved by the
Personnel Board. Such applications shall not be returned to the individual
applicant, nor shall the names of any applicant be made public.
Information requested on the application form shall be revelant, conform
to applicable legal requirements and may provide for employment and personal
references, physicians' statements, fingerprinting and such other information
deemed reasonable and necessary by the Board.
ACCEPTANCE OF APPLICATION:
In order to be accepted, all applications must be submitted by the official
closing date of the filing period, be complete and bear an original signature
of the applicant. Failure to conform to these requirements shall result in
its rejection by the appointing authority. In addition, the appointing
authority may reject an applicant on any of the following grounds:
a) The applicant's failure to satisfy the employment standards
prescribed for the classification.
b) The applicant's criminal conduct (refer to Ordinance No. 734-77,
Section 1).
-17-
7.04
c) The applicant has made a false statement on material fact or has
practiced deception, fraud or-misconduct in connection with his
employment application.
The fore§oing shall also constitute grounds for disqualifications or discharge
at any point during or subsequent to the examination process.
The Personnel Board may establish Prior to the distribution and publication
of examination announcements, methods to limit the number of applications
which may be accepted for a given classification. These conditions shall
be clearly stated in the examination announcement.
NOTICE TO APPLICANTS:
Each applicant accepted or rejected for examination shall~ be so notified
prior to the established date of examination by means of mail directed to
the address shown on the application. Applications found to be incomplete
or deficient may be cOrrected by the applicant prior to the.close of the
filing period.
-18-
8.01
8.02
RULE 8. EMPLOYMENT EXAMINATIONS
·.
TYPES OF' EXAMINATIONS:
Prior to approval of any examination announcement, the Personnel Board, after
receipt of the appointing authority's recommendation, shall determine whether
the examination is to be administered on an open-competitive basis or on a
promotional basis.
When an open-competitive examination is to be utilized, lapplications may be
accepted from any qualified individual subject to limitations which may be
imposed on the scope of. recruitment or number of applications based upon the
known, labor market for the individual class of employment. Promotional
examinations shall be open only to qualified, permanent and probationary
employees.
In making its determination aoncerning the type of examination to be conducted,
the Personnel Board shall consider, such relevant factors as the complexity of
the work performed by the classification, the known labor market for such
personnel and the availability within the City of positions or classifications
which are likely to yield a sufficient number of qualified applicants. Wherever
feasible and consistent with the best interests of the. City service, the Board
shall attempt to provide transfers and promotional opportunities to employees
in the Classified Service.
COMPONENTS OF EXAMINATIONS:
The P~ersonnel Board shall adopt selection techniques which shall be impartial
and related to the primary tasks of the individual job classification. The
examination for a given' class of employment may include any of the following
components:
a) A written test measuring the candidate's job knowledges, skills
and/or abilities.
b) An evaluation of each application accepted using objective and
standard criteria to measure the candidate's qualifications in
terms of training and experience.
c) A performance test whereby candidates demonstrate the degree
of job knowledge, skill and ability possessed.
d) A physical capability test whereby candidates demonstrate their
physical capacity to perform a task or series of tasks directly
related to the job.
e) A personal interview(s) designed to evaluate the candidate's
revelant education, experience, knowledge and/or skills.
f) Medical examination(s).
-19-
8.03
8.04
8.05
g) Such other examination which, in the judgment of the ~Personnel
Board, is necessary to evaluate the candidate's capacity to
perform the job tasks. These may include, but are not limited
to, a psychiatric examination, background investigation and
reference checks.
All components of an examination which require evaluative judgments shall
be administrated having at least one competent authority in the field being
tested as a rater.
CONDUCT OF EXAMINATION:
It shall be the responsibility of the Personnel Board Officer to assure that
the complete examination process is conducted in an objective, timel.y and
efficient manner. With prior approval of the Personnel Board, the Personnel
Officer may contract with any competent individual, organization or agency
for preparation and/or administration of a given examination or portion
thereof.
SCORING OF EXAMINATIONS:
A candidate's final score in an examination shall be the av.erage of the
candidate's score, above the minimum, in each competitive part of the
examination. On any-examination where tests are to be weighted by
relative significance or difficulty, notice to that effect shall be
included in the examination announcement. At the discretion of the
Personnel Baord, one or more examination components may be for qualifying
purposes only.
Failure on the part of the candidate to pass any one phase of the
examination process shall result in the candidate being eliminated
from consideration for employment. Except for tests designed as
"qualifying only," candidates shall be required to attain a score of
not less than seventy percent (70%) on each test. However, with the
prior approval of the Personnel Board, the minimum passing point need
not be the arithmetic seventy percent (70%) of the total possible
score, but may be an adjusted score based upon consideration of the
difficulty of the test, the quality of competition and the needs of
the City service.
CREDIT POINTS FOR VETERANS AND SERVICE IN GRADE:
a) Veteran Status - A Veteran discharged or re-released within a ten (10)
year period prior to the examination who becomes eligible for certification
from eligible lists by attaining a passing mark established for the
examination shall be allowed five (5) additional points, except for
promotional examinations in which case no points shall be allowed.
Such credit shall be added to the percentage attained in the examination
by a Veteran. The name of each Veteran shall be placed on the eligible
list for appointment in the order and on the basis of the percentage
attained in the examination after 'the appropriate credit has been
added.
-20-
8.06
8.07
b) Seniority Credit- In all promotional examinations, an employee in
the competitive service who becomes eligible for certification from
eligible'lists'by attaining the 'passing mark established for the
eXamination shall be allOWed one-half (½) point for each year after
the probationary year, but the credit shall not exceed eight (8)
points. Such credit shall be added to the percentage attained in
the examination. The name shall be placed on the eligible list for
appointment in the order and on the basis of the percentage attained
in the examination after the appropriate credit has been added.
NOTIFICATION OF EXAMINATION RESULTS:
Following each phase of the examination, all candidates will be advised of
their .satisfactory completion or failure of that test. Upon completion of
the full examination process, each candidate successfully completing each
of the examination components shall be placed on the appropriate employment
list in accordance with Rule 9, of these Regulations and be notified, in
writing, of his final score and relative position of the list.
REVIEW OF WRITTEN EXAMINATION:
a) Each candidate in an open competitive examination shall be allowed to
review their own written examination booklet where permitted by the
testing agency. This review period shall be five (5) working days
from the date of the examination. The certification of eligibles
shall be made immediately after the list has been compiled and
certified by the Chairman of the Personnel Board.
b) In promotional examinations, the ca'ndidates shall be allowed a review
period of five (5) normal working days immediately following the
examination when permitted by the testing agency. The candidate shall
also be allowed ten (10) days after notification of final grade to
review his own examination paper when permitted by the testing agency.
No certification of eligibles shall be made until after this period.
No successive phase of the examination process shall be administered
during this period of review.
All examination materials shall remain confidential, and copying of
questions or answers from any paper made available for inspection
shall be prohibited unless authorized by the Personnel Officer. Any
candidate violating this provision is subject to disqualification
from the examination, barred from future examinations and, on promotional
examinations, to disciplinary action. Decisions regarding disqualification
and disbarment shall reside with the Personnel Board; decisions regarding
disciplinary action shall be processed in accordance with Rules 13 and 14
of these Regulations.
c) The Personnel Officer shall act promptly on any question raised by a
candidate during the review period alleging an error in the computation
of scores or in the content of the questions. Should the Personnel Officer
determine that any such claim is justified, scores applying to that test
shall be recomputed accordingly and candidates so notified where affected
by the recomputation.
-21-
8.08
EXAMINATION RECORDS:
..
Applications and related examination records shall be retained for the
life of the employment l~st. Applications and examination records of
appointees may be retained for a longer period as determined by the
Personnel Officer.
-22-
9.01
9.02
9.03
9.04
RULE 9. EMPLOYMENT LISTS
PLACEMENT-ON LISTS:
Upon completion of the examination process, candidates who successfully
completed all components of the examination shall be placed, from highest
to lowest score, on the appropriate employment list. In the event two or
more candidates receive the identical final, aver.age score, the score earned
by each candidate on the test given the greatest weight shall determine the
position on the list. Should this mean fail or break the tie, the affected
candidates shall receive equal ranking on the list.
Preparation of employment lists under these Rules shall be the respo.nsibility
of the Personnel Officer who shall then submit each list to the Personnel
Board for approval prior to any certification being made from it.
DURATION OF EMPLOYMENT LISTS:
· ,
Employment lists shall become effective upon the Personnel Board's approval,
and upon its certification that the list was legally prepared and represents
the relative rating of persons whose names appear on it. All open-competitive
and promotional lists shall remain in effect for one year, unless sooner
exhausted, and may be extended by action of the Personnel Board for additional
three month periods, but in no event shall the list be extended for more than
one additional year.
The Personnel Board may abolish any employment list which has fewer than four
(4) eligibles on it. In that event, a new examination may be ordered and a new
eligible list established.
RE-EMPLOYMENT LISTS:
An employee laid off in accordance with Rule 12 of these Regulations shall
automatically be placed on a re-employment list for his former claSsification.
Where more than one employee in the same classification is laid off, the
names of such employees shall be placed on the list ~in accordance with the
date of layoff.
Employees placed on such list shall remain eligible for recall for a period
of two (2) years from the effective date of layoff. Re-employment may be in
the employee's former classification or in a comparable classification which
does not carry a higher maximum rate of pay and which the employee is qualified
to perform. Recall shall be in the reverse order of layoff with the last
employee to be laid off to be the first employee offered re-employment.
An employee refusing re-employment in either of his former classification or
in a comparable classification for which he is qualified, shall automatically
be removed from the re-employment list.
REINSTATEMENT LIST:
An employee in the Classified Service who resigns in good standing pursuant
to Rule 12 of these Regulations may, at his request, be placed upon a rein-
statement 1 ist.
-23-
9.05
Employees placed on such a list shall remain eligible for reinstatement
for a period of two (2) years from the effective date of resignation~
Reinstatement 'may be to the employee's former classification or to a
comparable classification which does not carry a higher maximum rate of
pay and which the employee is qualified to perform.
An employee, upon haVing waived appointment three (3) times to either
his former classification or to a comparable classification for which
he is qualified, shall automatically be removed from the reinstatement
list.
REMOVAL FROM LISTS:
Eligibles shall be removed by the Personnel Officer from promotional and
open competitive employment lists:
a) Upon written request of the eligible.
b) Upon having been passed over three (3) times.
c) Upon having waived appointment three (3) times.
d) Upon resignation or discharge from the City service.
e) On any of the grounds set forth in Rule 7.03 of these Regulations.
-24-
10. O1
10.02
10.03
RULE 10.. EMPLOYMENT APPOINTMENTS.
FILLING OF VACANCIES:
Except as provided below, all vacancies in the Classified Service shall be
filled by appointment from employment lists in the following order of priority:
a) Classification Reinstatement
b) Re-employment
c) Reinstatement
d) Promotional
e) Open-Competitive
Where no appropriate re-employment list exists, vacancies may be filled by
means of transfer, demotion or reinstatement as provided in RUle 12 of these
Regulations and with the approval of the appointing authority.
Where there are no eligibles available from the aforementioned sources to
fill a vacancy, provisional or temporary appointments may be made as prescribed
in Rule 10.05 and 10.06. of these Regulations, or the Personnel Board may
declare an alternate list as appropriate pursuant to Rule 10.08 of these
Regulations.
NOTICE TO APPOINTING AUTHORITY:
When any vacancy in the Classified. Service is to be filled, the department
head shall submit his recommendations as to how it is to be filled to the
appointing authority. Where the vacancy is to be filled by means of transfer,
demotion or reinstatement, the appointing authority's approval shall be
transmitted to the Personnel Office which shall initiate the necessary
transaction documents.
Where the vacancy is to be filled by means of certification from a promotional
or open-competitive employment list, the appointing authority's approval shall
likewise be transmitted to the Personnel Office which shall commence certifica-
tion proceedings as prescribed in Rule 10.03 of these Regulations.
CERTIFICATION OF ELIGIBLES:
The appointing power shall indicate whether it is desired to fill the
vacancy by re-employment, transfer, demotion, reinstatement, or whether
certification from a promotional or employment list is preferred. If
appointment is to be made from an open-competitive list, the names of
all persons on the list shall be certified. If appointment is to be made
from a promotional list, the names of the top four persons on the list
still eligible and available for immediate appointment shall be certified.
If a second appointment is to be made from the same promotional list, the
next four names of persons on that list, excepting those already appointed
and those no longer eligible or available, shall be certified.
-25-
10.04
10.05
10.06
10.07
Whenever there are. fewer than four (4) names on a promotional list or an
open'competitive list, ]the appointing authority may make an appointment
from among such'eligibles or may request the Personnel Board to establish
a new list. If a new list is requested, the Personnel Board shall hold a
new examination and establish a new employment list.
APPOINTMENT:
Following interview, investigation and recon~nendation by the department
head, the appointing authority shall appoint from among those eligibles
certified and interviewed, and shall so advise the Personnel Office.
PROVISIONAL APPOINTMENTS:
A provisional appointment may be made by the appointing power, for a period
not to exceed six (6) months, of a person meeting the minimum training and
experience qualifications for the position. The Personnel Board may extend
provisional appointments for ninety (90) day periods of time.
No special credit, shall be allowed in meeting any qualification or in the
giving of any test or the establishment of any employment or promotional
lists, for service rendered under a provisional appointment.
TEMPORARY APPOINTMENTS:
In cases where the immediate employment of an employee is necessary to the
department, the appointing authority shall have the power'to make a temporary
appointment for a limited duration not to exceed ninety (90) calendar days.
Employees hired on a temporary basis shall be notified, in writing, that
such appointment is of a temporary nature and does not entitle them to
perference or right to a permanent position. Temporary employees shall
not accumulate sick leave, vacation pay, paid holiday or the right of appeal.
APPOINTMENT OF RELATIVES:
The following policies shall govern the employment of members of the immediate
family of any official or employee of the City:
a) Members of the immediate family of the following shall not be
appointed to classified or unclassified positions' Elected
officials, Council appointed officials, the City Manager and
City Manager Assistants.
b) Members of the immediate family of City employees shall not
work in the same department as the employee.
c) The appointing authority may waive the restriction set forth in
Paragraph b above, if the department head affected and the
appointing authority determine that, because of the nature of the
department and the work assignments in question, the members of
the immediate family would have minimal job-related contact with
one another and neither would be placed in such a position as to
supervise or evaluate the other.
-26-
10.08
d) The provisions of this rule shall not affect current assignments
of-persons who are in the City's employment on the effeCtive'date
of the adoption of these'Rules. ·
ALTERNATE EMPLOYMENT LISTS:
·
In the absence of an existing employment list for a classification, the
Personnel Board may order certification to be made from an active list
for another classification having similar duties and employment standards.
Appointments made in this manner shall be the equivalent in all respects
to having appointed from a list for th~ classification in which the vacnacy
occurred.
-27-
11.01
11.02
11.03
11.04
11,05
RULE 11. PROBATIONARY PERIOD
OBJECTIVE-OF.PROBATIONARY, PERIOD:
..
The probationary period shall be regarded as part of the testing process
and shall be utilized for closely observi.ng and evaluating the employee's
work and for securing the most effective adjustment for the employee to
the new position.
DURATION:
All original and promotional appointees shall serve a probationary period
of not less than one (1) year of actual service and may be extended by
mutual agreement not to exceed six (6) additional months. The proba'tionary
period for an entrance level Police Officer shall be eighteen (18) months.
EVALUATIONS:
It shall be the duty of each department head, during the probationary period
of each employee in the department, to investigate carefully the probationer's
adjustment, performance and general acceptability to determine whether or not
the probationer is qualified for permanent appointment. The department head
shall submit an evaluation of the probationer's performance at the end of the
third, sixth, ninth, twelfth and, where applicable, the fifteenth and eighteenth
month of the employee's probationary period, or more frequently, if desired
by the department head or the appointing authority. The final probationary
report on each probationer shall include, and earlier reports may include,
the department head's recommendation to the appointing authority either to
retain or reject the probationer. Such reports shall be entered upon forms
prescribed by the appointing authority.
REJECTION OF PROBATIONER FOLLOWING ORIGINAL APPOINTMENT:
During the probationary period, an employee may be rejected at any time by
the appointing authority without cause and without the right of appeal.
Notification of rejection shall be served in writing on the probationer
with a copy to be maintained in the Personnel Office.
REJECTION FOLLOWING PROMOTION:
An employee who is rejected during the probationary period following appoint-
ment to a higher classification shall be reinstated to the position from
which appointed, unless charges are filed and the employee is discharged in
the manner provided in the Personnel Ordinance and in these Rules. A
dismissed department head may be reinstated in the last classification held
by him in the competitive service.
-28-
12,01
12.02
RULE 12. PERSONNEL ACTIONS: NON-DISCIPLINARY
..
RESIGNATION:
An employee desiring to leave the Classified Service in good standing shall
submit a letter of resignation to his immediate supervisor and complete a
City exit interview. This letter shall be submitted no later than two weeks
in advance of the effective date of separation, except under extraordinary
circumstances. The letter of resignation shall be forwarded to the Personnel
Office together with a final evaluation of the employee's performance pre-
pared by the immediate supervisor and approved by the department .head.
Provided the employee's service at the time of separation was rated at least
satisfactory, the employee may be reinstated within tWo ('2) years of the
effective date or resignation. Such reinstatement may be to a vacant position
in the employee's former classification or to one in a comparable classification
which does not carry a higher rate of pay and which the employee is qualified
to perform.
If an employee is reinstated as provided above, all time in the Classified
Service of the City accrued prior to resignation shall be restored. In no
event, however, will the City be required to restore credits for accumulated
vacation and sick leave which were paid to the employee in cash at the time
of separation.
LAYOFF:
a) Whenever, in the judgment of the City Council, it becomes necessary in
the interest of economy or because of necessity for the position or
employment involved no longer exists, the City Council may abolish any
position or employment in the competitive service and layoff, reassign,
demote, or transfer an employee holding such position or employment
without filing written charges. The appointing authority may likewise
layoff an employee in the competitive service because of material change
in duties or organization, or shortage of work or funds.
b) Seniority for the purpose of layoff is defined as length of continuous
full-time employment within the service of the ~City, except for serviCe
in a provisional and temporary status. Seniority shall be retained, but
shall not accrue during any period of leave without pay, except for
authorized military leave, granted pursuant to State Military and Veteran's
Code.
c) Order of Layoff - When one or more employees performing in the same
class in a City department are to be laid off (provisionals and
temporaries therein, having already bsen terminated), the order of
layoff in the affected department shall be as follows-
1. Probationary employees in inverse order by seniority.
2. Permanent employees in inverse order of seniority.
-29-
Should two or more employees have identical Ci~ty service seniority,
the order-of layoff'will be determined by classificaiton seniority.
Whenever two or more employees have identical classification seniority,
the order of layoff shall be determined by an established departmental
seniority policy (badge numbers in Safety Departments) or in the absence
or dispute thereof, random selection.
d) Notice Of. Layoff-- Employees shall be forwarded written notice, including
reasons therefor, by Certifi'ed Registered Mail, Return Receipt R~quested
or Personally Served, a minimum of twenty (20) working days prior to the
effective date of layoff. An employee receiving said notice-may respond,
in writing, to the City Manager. The employee's representative shall
receive concurrent notice, and upon request, shall be afforded ah
opportunity to meet with the City to discuss the circumstances r. equiring
the layoff and any proposed alternatives which do not include the condider-
ation of the merits, necessity or organization of any service or activity.
The provisions of sub-section e), must be requested by the employee, in
writing, fifteen (15) working days prior to the effective date of layoff.
e) Reassignment In Lieu Of Layoff:
1. Vacant Position in City - In the event of notice of layoff, any
employee so affected will be allowed to transfer to a vacant position
which the City intends to fill in the same classification in any City
department.'
2. Former Classification - In the event there are no vacant positions in
the same classification in any department, an employee will be offered
a vacant position in any classification at the same or lower salary
level in which permanent status had formerly been held, f~rst in the
affected department and then City wide.
3. Displacement - In the event there are no vacancies as listed in
I or 2, the employee shall have the opportunity, upon request, to
be returned to any classification in the department at the same or
lower salary level in which s/he meets the minimum qualifications
and a regular layoff procedure in the same or lower salary level
shall apply.
4. Employees transferred, reassigned or demoted under this Section will
be assigned to a step in the new classification salary range closest,
but not exceeding, the employee's salary at the time of reclassification.
f) Layoff:
1. In the event that an employee is not reassigned in lieu of layoff
as in Section 5, the employee shall be laid off. If an employee
elects not to exercise the rights of sub-section e(1), s/he may
be deemed to have been offered and to have declined such work.
2. Laid off employees are to be paid for all accrued vacation and
sick leave in accordance with M.O.U.'s when separated as a result
of a layoff.
-30-
12.03
12.04
g) Layoff Reemployment/Reinstatement Lists:
1.'. Probationary and permanent employees who are reclassified and/or
demoted as a result of a reduction in force, shall have their.
names placed on a classification reinstatement list in order of
their seniority. Vacant positions within the classification shall
first be offered to employees on this list.
Employees who are laid off shall have their names placed on a
reemployment list of classifications .which, in the opinion of
the Personnel Officer, requireS basically the same~qualificaitons
and duties and responsibilities as those Of the classification from
which the layoff occurred, in order of seniority. Vacany positions
in such classifications shall be offered to eligibles on the reemploy~
ment list who qualify for such vacancies prior to an open. or promotional
recruitment.
3. No name shall be carried on a reinstatement or reemployment list for
a period longer than two years. Refusal to accept the first offer
of reinstatement or reemployment within the same classification shall
cause the name to be dropped from the list. Individuals 'not responding
to written notification, by Certified Restricted Mail., Return Receipt
Requested, forwarded to their last given address, of an open,ing within
ten (10) working days from mailing shall have their names removed from
either a reinstatement or reemployment list. Individuals who do not
meet current employment standards (i.e., medical, licenses, etc.),
shall have their names removed from either a r'einstatement or reemploy-
ment list.
_ _ _
4. Probationary employees appointed from a reinstatement or reemployment
list must serve the remainder of their probationary period in order
to attain permanent status.
TRANSFER:
An employee may be transferred by the appointing authority from one position
to another position in the same classification or in a comparable classification
carrying essentially the same maximum salary and which the employee is qualified
to perform. Where a transfer would involve two departments or two divisions of
the same department, the transfer shall be subject to' the approval of both
managers unless it is being made' for purposes of economy or efficiency.
Advance written notice of this action, together with its effective date,
shall be provided the Personnel Office.
DEMOTION (NON-DISCIPLINARY):
Based upon an employee's request or upon an employee's demonstrated inability
to perform the tasks of the assigned position, the appointing authority may
demote an employee to a position in a classification which carries a lower
rate of pay and which the employee is qualified to perform.
Advance written notice of this action, together with its effective date, shall
be provided the Personnel Office.
-31-
13. O1
13.02
RULE 13. DISCIPLINARY ACTION
ACTION BY CITY:
The City shall take disciplinary action .against a permanent employee for
misconduct including, but not limited, to' chronic absenteeism; incompetence;
insubordination; failure to follow work rules; misstatement of fact on an
application or other personnel document; falsification of records; unfitness
for duty; and absence without authorized leave.
Disciplinary action may take the form of a suspension, pay reduction, demotion
Or discharge.
All disciplinary action taken against an employee in the Classified Service
must receive the prior approval of the appointing authority except under
emergency circumstances which dictate immediate suspension of the employee
.by the department head or subordinate supervisor. In such cases, the employee's
department head shall immediately meport the action taken to the appointing
authority who shall review the case and make a determination concerning the
appropriateness of the suspension and of further disciplinary action.
All actions resulting in salary reductions shall be subject to review by the
appointing authority and the department head involved within thirty (30) days
following the effective date of the initial action and at regular intervals
thereafter. Actions resulting in demotions may be reviewed, by the appointing
authority at his sole discretion.
NOTICE OF DISCIPLINARY ACTION:
The City shall provide the affected employee with written notice prior to
taking disciplinary action, except where circumstances dictate the City
taking immediate action to remove the employee from the work place. In
such cases, written notice, as set forth below, shall be provided the employee
within two (2) working days from the date of the action.
In all cases, written notice of disciplinary action shall be served on the
employee personally or by Certified Registered Mail, with a copy of the notice
to be placed in the employee's personnel file.
The written notice shall contain the following information'
a) The type of disciplinary action.
b) The effective date of the action.
c) The reason or cause for the action.
d) That the employee may inspect copies of all materials
upon which the action is based.
e) That the employee has the right to respond, either orally
or in writing, to the authority initially imposing the
discipline.
-32-
Except in instances where disciplinary action must be imposed immediately,
the notice shall be provided the employee no later than ten (10) working
days before, the disciplinary.action is to be effective. Where immediate
disciplinary action has been imposed, such action will not become final
until the aforementioned notice has been furnished the employees and the
employee has been provided no less than ten (10) working days from the
receipt of the nOtice to respond to the authority initially imposing the
discipline.
Once the proposed disciplinary action has been imposed, the affected employee
shall have the right of appeal. Such appeals shall be filed directly at the
third step of the grievance procedure set forth in Rule 14 of these Regulations.
-33-
14.01
14.02
RULE 14. GRIEVANCE PROCEDURE
DEFINITION' OF GRIEVANCE:
a) A grievance is defined as any dispute involving the interpretation,
application or alleged violation of:
1. Any provision of a current memorandum of understanding between the
City and a recognized employee organization, excluding however, those
provisions of the memorandum of understanding which specifically
provide that the decision of any City official shall be final.
2. The City's Personnel Ordinance and the Rules where the provision in
dispute is within the scope of representation.
3. Disciplinary action taken against permanent employees pursuant'~to
Rule 13 of these Regulations.
Should any' dispute concern an agreement, rule or action which prescribes
a separate appeal procedure, that dispute shall be excluded from the
procedure contained herein.
b) As used in this procedure, the term "immediate supervisor" means the
individual who assigns, reviews and directs the work of an employee.
INFORMAL AND FORMAL GRIEVANCES:
Step i -An employee who has a grievance shall bring it to the attention of his
immediate supervisor within five (5) working days .of the occurrence of
the act which is the basis for the dispute. If the employee and the
immediate supervisor is unable to resolve the grievance at' this step
within five (5) working days of the date the greivance is raised with
the immediate supervisor, the employee shall have the right to submit
a formal grievance which shall contain the following information-
a) The name of the grievant.
b) The grievant's department and specific work site.
c) The name of the grievant's immediate supervisor.
d) A statement of the nature of the grievance including date and.
place of occurrence.
e) The specific provision, policy or .procedure alleged to have
been violated.
f) The remedies sought by the grievant.
g) The name of the individual or organization, if any, designated
by the grievant to represent him in the processing of the
grievance. However, in no event, shall an employee organization
other than the one which formally represents the position occupied
by the grievant be designated as the grievant's representative.
-34-
Step 2 - An employee dissatisfied with the decision of the immediate
sqpervisor in Step l, may submit the grievance in the manner
provided above to the department head within five (5) working
days from the date of the immediate supervisor's decision.
The department head shall refer the grievance .through the
department's recognized levels of supervision for resolution.
The department head, or his designee, shall respond to the
grievance in writing within ten (10) working days .from the
date of its receipt.
Step 3 - If the employee is dissatisfied with the decision of the depart-'
ment head in Step 2, he may submit the grievance, through the
department head,, to the City Manager within ten (10) working
days from receipt of the department head's response.. The City
~¢anager, or his designated representative, shall respond to the
grievance in writing within ten {10) Working days of its receipt.
Within this period, the City Manager, at his discretion, may
conduct an informal hearing involving the parties to the dispute.
Step 4 - If the employee is dissatisfied with the decision of the City
Manager, he may submit the grievance to the Personnel Board, through
the City Manager. .Notice of appeal must be filed in writing by the
employee with the City Manager's Office within fifteen (15) working
days of receipt of the Manager's decision. The City Manager shall
· provide written 'notice of the appeal to each Board member, to the
department head and, where applicable, the employee organization
involved and to such other parties as he may deem appropriate.
·
,-
TO the extent feasible, the Board shall hear the grievance at its
next regular meeting following receipt of the appeal, but in no
event later than the second regular meeting after the grievance is
submitted to it' In cases involving discharge or suspensions in
excess of three days, the Personnel Board shall conduct a hearing
on the matter within fifteen (15} working days-from the date the
appeal is filedj The City Manager's Office shall provide advance
written notice of the hearing date to all parties involved..
All Board hearings on grievance matters shall be conducted in an
expeditious.manner and need not be conducted according to 'technical"
rules relating to evidence and witnesses. The chairperson shall
~tain final 1 authOrity to rule on procedural matters or on other
points which affect the length and conduct of the hear~i·ng.
The Personnel Board shall render its decisi6n ih writing within
· thirty {30) working days following the closing of hearings and
shall furnish copies of such decision to all parties involved. The
Personnel Board may, upon making a finding of necessity, .which
finding shall be supported by substantial evidence, exte6d the
deadline for rendering its decision for an additional fifteen {15)
working days. The majority findings of the Board shall be binding
except in instances where they entail capital expenditures or
significant unbudgeted expenditures. In those cases, the ruling
shall be submitted to the City Council for action which may include
modification or reversal.
-35-
14.03
GENERAL CONDITIONS:
a) Any time limit set forth in .14.02 above, may be extended by written
agreement between the City and the grievant or'the recognized employee
organization representing him.
b) Failure on the part of the grievant or his designated representative
to comply with the time limits of this procedure or any extensions
thereto shall constitute a withdrawal of the grievance without further
recourse to resubmittal under this procedure. Failure on the part of
the City to comply with prescribed time limits or extensions shall
result in the grievance being moved to the next step of the procedure..
c) The grievant shall be entitled to have a representative to his own
choosing (except as provided in 14.02) present at any grievance meetin§
with the City.
d) The City Manager's Office shall serve as the central repository for all
.grievance records.
-36-
15. O1
15.02
15.03
15.04
RULE 15. TRAINING AND SAFETY
..
·
RESPONSIBILITY i FOR: TRAINING: -
The City Council encourages the traini.ng of City employees and directs
that the responsibility for developing training programs for employees
shall be assumed jOintly by.the appOinting authority, the Personnel
Office and department heads. Such training pr. ograms may include lecture
courses, demonstrations, assignments of reading matter or such other
resources as may be available for the purpose of improving the effective-
ness and broadening the knowledge of municipal officers and employees in
the performance of their duties.
CREDIT FOR TRAINING:
Participation in and successful completion of special training courses
may be considered in making advancements and promotions. Evidence of
such activity shall be filed by the employee with the department head
and a copy retained by the Personnel Office.
PROMOTIONAL TRAINING PROGRAM:
A department head may, with the approval of the appointing authority,
institute a training program for employees in his department for promotional
purposes which may include the temporary assignment of such employees out
of class. However, no employee shall be assigned to work out of his
classification for longer than thirty (30) working days in any calendar
year, nor shall this provision conflict with any. provision in effect Of
a memorandum of understanding between the City and a recognized employee
organization.
SAFETY PROGRAM:
The appointing authority shall establish a safety program and one or
more safety committees which shall include employee representation.
Such committee or committees shall, among other duties, be charged
with reviewing each on-the-job injury and each vehicle aocident with
a view to making safety policy and program recommendations to the
appointing authOrity.
-37-
16.01.
16.02
16.03
· ,
16.04
RULE 16. REPORTS AND RECORDS
·
ROSTER CARDS AND PERSONNEL' FILES:
The Personnel Office shall maintain a service or roster card and personnel
file for each employee in the service of the'City.· The card and/or file
shall show name, class title; the department to Which assigned, salary,
changes in employment status, each disciplinary action and such other
information as may be considered pertinent. Roster and payroll records·
shall be kept permanently.
CHANGE OF STATUS. REPORT-
Every appointment, transfer, promotion, demotion, change of salary rate
and any other temporary or permanent change in status of employees shall
be reported to the appointing authority in such manner as may be prescribed
by these RUles.
EMPLOYEE PERFORMANCE EVALUATIONS-
Performance of employees shall, at a minimum, be evaluated on an annual basis.
Employees will also be evaluated under the following circumstances-
a) During the probationary period as provided in Rule 11.03 of these
Regulations.
b) At any time for exceptional or unsatisfactory service.
c) Upon separation of regular employees from the City service. Such
evaluation shall be used in determining eligibility for reemployment
or reinstatement.
Employees shall be evaluated on forms provided by the Personnel Office.
Evaluation shall be done by the employee's immediate supervisor or reviewed
by the next higher supervisor where applicable. The employee shall sign the
performance evaluation only to verify that the supervisor has discussed the
evaluation with the employer. Evaluations will be reviewed by the department
head and forwarded to the Personnel Office for inclusion in the employee's
personnel file.
EMPLOYEE EXiT INTERVIEWS-
For the purpose of ascertaining potential eligibility for unemployment Insurance
benefits, all employees separating from the City service for any reason shall
be given an exit interview prior to termination.
The interview shall be conducted by a representative of the City Manager's
Office and shall produce specific information as to the causes and reasons
for the separation. This information shall be recorded on a standard form
provided by the City Manager's Office, which the employee shall be requested
to sign. The immediate supervisor of the separating employee may be contacted
to assist in completion and/or verification of information requested.
The completed report shall be retained in the emPloyee's personnel file.
-38-
RULE 17~,' 'OUTSIDE EMPLOYMENT
17.01 . OUTSIDE~EMPLOYMENT
City employees shall not carry on, concurrently with their public employ-
ment, any other employment, business or undertaking which conflicts or
interferes with their City employment.
Outside employment shall not be undertaken by full-time emplOyees unless
the department head and the appointing authority first approve the employment
and determine that it will not adversely affect the employee's quality of
or availability for'City service.
Employees shall immediately report to their department head any changes in
outside employment, including but not limited to, name of firm; nature of'
employment; hours of work; address or location.
Under no circumstances shall an employee be authorized to perform any
function related to outside employment or activities during working hours.
-39-
18.01
RULE 18. POLITICAL ACTIVITIES
..
POLITICAL-ACTIVITIES'
The political activities of employees shall be governed by applicable
State and Federal laws:
-40-
RULE 19. COOPERATION
19.01
COOPERATION OF MUNICIPAL'OFFICERS AND EMPLOYEES:
_ .
Every officer and employee of the City of South San Francisco shall
cooperate with the Personnel Board and the Personnel Officer in order
to fulfill completely the objectives and purposes of the Personnel
Ordinance and these Rules.'
-41-