HomeMy WebLinkAboutItem 5.2 Adopt Ordinance Personnel System (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 26, 1984
SUBJECT Adoption of Ordinance Establishing a Personnel System
and a Resolution Establishing Personnel System Rules .
EXHIBITS ATTACHED Ordinance Establishing a Personnel System and
Resolution Establishing Personnel System Rules .
RECOMMENDATION 1 ) Waive the reading and adopt Ordinance Establishing
Personnel System
2 ) Adopt Resolution establishing Personnel System
Rules
FINANCIAL STATEMENT: Costs related to leave and holidays are consistent
with current practices and 1983-84 budget . —
DESCRIPTION At the regular City Council meeting on March 12 , 1984 ,
an Ordinance Establishing a Personnel System was introduced. Minor changes
were made in the language of Section 3 ( e) and Section 7 . It is recommended
that the City Council waive the reading and adopt this ordinance as
presented .
A draft Resolution Establishing the Personnel System Rules was also reviewed
at the City Council meeting on March 12 , 1984 . Based on the input from the
City Council the draft was revised and is presented in final form. This
resolution will designate the procedures to be utilized in administering the
Personnel System.
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COPIES TO:
ITEM NO. ���
ORDINANCE NO. - 84
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING A PERSONNEL SYSTEM
The City Council of the City of Dublin does ordain as follows :
Section 1 . Adoption of personnel system: In order to establish an
equitable and uniform system for dealing with personnel matters, and to
comply with applicable laws relating to the administration of the personnel
process, the following personnel system is hereby adopted .
Section 2 . Definitions : The terms used to administer the personnel
system shall be defined in the personnel rules .
Section 3 . Administration: The City Manager shall administer the
city personnel system and may delegate any of the powers and duties to a
staff member or may delegate the appointing authority granted by the City
Council 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 11
of this ordinance . The City Manager shall :
( a ) Act as the appointing authority for the City. In the case of City
officers including the City Clerk , City Treasurer and department
heads , but excluding the City Attorney, appointment shall be approved
by the City Council .
(b) Administer all the provisions of this ordinance and of the
personnel rules not specifically reserved to the City Council .
( c) Prepare and recommend to the City Council personnel rules and
revisions and amendments to such rules .
(d) Prepare or cause to be prepared a position classification plan,
including class specifications, and revisions of. the plan— ,
( e) Have the authority to evaluate and discipline employees in
accordance with this ordinance and the personnel ' rules of the City.
( f) 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; the certification-of-:a
list of all persons eligible for appointment to the appropriate
position ' in the competitive service; and performing any "other duty that
- may be . required to administer. the ,-personnel--..system
Section 4 : Competitive Service The ':p.rovisions- of -this ordinance
shall "apply to all ..offices, positions __and employments f, in�ahe �service.:of the
City, except: rA .
(a ) "Elective officers
(b) All individuals appointed by the City "Council" and who serve at the ' ::
pleasure of the City Council, c .
( c) Persons engaged under contract to supply expert, professional,
technical or any other services .
(d) Volunteer personnel .
(e) Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary fire,
flood, or earthquake which threatens life or property.
( f) Employees not included in the competitive service under this
section shall serve at the pleasure of their appointing authority.
Section 5 . Adoption and Amendment of Rules : -Personnel rules shall be
adopted by resolution of the City Council . The rules may establish regu-
lations governing the. personnel system,- including;
Page 1
r,
ORDINANCE ESTABLISHING A PERSONNEL SYSTEM
Page 2
(a ) 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) Appropriate announcement of the selection process and acceptance
of applications for employment .
( c) Preparation and conduct of tests and the establishment and use of
resulting employment lists containing names of persons eligible for
appointment .
( d) Certification and appointment of persons from employment lists, and
the making of provisional appointments .
( e ) Establishment of probationary testing periods .
( f) Evaluation of employees during the probationary testing period and
thereafter .
( g) Transfer , promotion, demotion, reinstatement, disciplinary action
and layoff of employees in the competitive service .
( h ) Separation of -employees from the City service.
( i ) The establishment and maintenance of adequate personnel records for
purposes of accounting and legal requirements .
( j ) The establishment of any necessary appeal procedures.
Section 6 . 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 ,interview, performance tests, physical agility tests, ,
evaluation of daily work performance, work samples or any I combinations ,of
these or other ,tests Physical, medical -.and psychological tests may'.'be given
as a part of any examination. .
In any examination the City Manager or his/her designee may include, in
`,addition to competitive tests, :a qualifying . test,.or =tests,•1-and -set minimum- .*
standards :therefor .
7
-The appointing 'authority .of employees in the competitive ?'service '=is`:the 'City -'
Manager '-unless otherwise: noted herein. The City .Managermay'delegate,_the
.:appointing .authority :to any other officer or employee of ,..the 1City.4
Section 7 . Demotion, 'Dismissal , Reduction in Pay; "Sus ension, _
Reprimand: The City Manager shall have the authority to .demote, dismiss-,.'
reprimand, reduce in pay, or . suspend, any regular employee for -cause -lin 1
accordance with procedures included in the personnel rules. . , With the
exception of dismissal of those positions noted in Section, 3 (a) of this
ordinance, which require . City Council approval .
Section 8 . Right of Appeal : Any employee in the .competitive service
shall have the right to appeal a demotion, reduction in pay, suspension, or
dismissal for disciplinary or medical reasons, except in those instances
where the right of appeal is specifically prohibited by this ordinance or the
rules adopted thereunder .
All appeals shall be processed in accordance with the requirements and
procedures as set forth in the personnel rules adopted pursuant to this
ordinance.
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ORDINANCE ESTABLISHING A PERSONNEL SYSTEM
Page 3
Section 9 . Lay-Off and Re-Employment : Lay-off and re-employment
actions shall follow the process outl-fined in the personnel rules .
Section 10 . Political Activity : The political activities of City
employees shall conform to pertinent provisions of state law and any local
provision adopted pursuant to state law .
Section 11 . Contracts for Special Service : The City Manager shall
consider and make recommendations to . the City 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
City 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 ordinance :
( a ) The preparation of personnel rules and subsequent revisions and
amendments thereof .
( b) The preparation of a position classification plan, and subsequent
revisions and amendments thereof .
( c ) The preparation, conduct and grading of competitive tests .
( d) The conduct of employee training programs . -
( e ) Special and technical services of advisory or .informational
character on matters relating to personnel administration .
Section 12 . SEVERABILITY . ,` -
If any part of this Ordinance - or the application thereof �to any .person. or
circumstances is held invalid, the remainder of the Ordinance and the =
application of such provision or circumstanes shall not.—be—affected thereby. . . - -
Section 13 . Posting of Ordinance — The City Clerk of-,the :City of Dublin
shall. cause this ordinance to be posted in ' at -least :three.� .(3 ) :;publi c:places..
in the City of .Dublin in accordance.-,with Section '36933 of _the{Government Code =:!cl
of the State of ,.California .
-.:PASSED AND "ADOPTED. by.'.the .City ;Council :of. the 'City ;of
Dublin on this th' 'day -of, 1984 , by t'he jollowing votes
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ABSENT
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Mayor=
ATTEST : .
City .Clerk
-Page 3
RESOLUTION NO. - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING PERSONNEL SYSTEM RULES
WHEREAS, the objectives of these rules are to facilitate efficient and
economical services to the public and to provide for an equitable system of
personnel management in the municipal government; and
WHEREAS, these rules set forth in detail those procedures which insure
similar treatment for those who compete for original employment and
promotion, and define many of the obligations , rights, privileges and
prohibitions which are placed upon all employees in the competitive service
of the City; and
WHEREAS, at the same time, within the limits of administrative
feasibility, considerable latitude shall be given the City Manager in the
interpretation of these rules .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby adopt the following rules:
RULE I . - DEFINITION OF TERMS
All words and terms used in this section and in 'any ordinance .or
resolution dealing with personnel policies or procedures shall be defined as
they are normally and generally defined in the field of personnel
administration. For the purpose of convenience, however , the following
words and . terms most commonly used are hereinafter defined:
"Appointin"g Power" means the appointive powers to fill -positions in the
competitive service 'as :follows:
For employees of a department - the City .Manager , following.-
recommendation by the respective Department Head. '
For Department Heads - the appointive power shall be the City Manager.
with . the approval of the City Council.
"Classification Plan ';.means the designation by - resol.ution -of the- City;
. Council of- a ' title for =-each class together with the' specifications--for each
class as prepared and . maintained by the City Manager . f
_ "Class.,,;Specifications" means .. a .written :des_cription of wa :_class;?setting forth L
the" essent`ia1 'characteristics knowled e
r , g , skills;` abilities, .and the
requirements `of„positions 'An ;the r.class
"Competit.iwe' Service" , means..all :positions_ in ! Ci
the - ty service except those '< =f
specifically ex'c'luded; by• the` Personnel ;.Ordinance ,� - ±Kf {
"Days shall..mean calander -days.'unless .otherwise ;stated:
"Demotion" :means the 'voluntary or involuntary reductiori''of 7?an' employee from
a position in one class .to a position in another class having a'-lower -
maximum salary rate.
"Disciplinary Action" The dismissal, reduction in pay, demotion, 'or
.suspension of an employee for punitive reasons."'- .:
"Dismissal" The removal of an employee from employment with the City.
"Eligibility List" means a list of names of persons who 'have taken an
examination for a position in the competitive service and passed and are
ranked on the list in order of the score 'received.
"Full-time Position" means a position in the competitive service of the city
which requires at least 40 hours of work per week .
Page 1
" Immediate Family" Spouse, children, parents, brothers , sisters ,
grandparents, grandchildren of the employee; and the corresponding'
relationships by affinity.
"Part-time Position" A position having a work week of fewer hours than the
work week established for full-time positions . A part-time position may be
either temporary or regular .
"Promotion" The advancement of an employee from a position in one class to a
position in another class having a higher maximum salary rate.
"Regular employee" An employee who has completed the examination process and
has been retained as hereafter provided in these rules .
"Reinstatement" The restoration without examination of a former regular
employee to a classification in which the employee formerly served with the
City.
"Suspension" The temporary separation of an employee from the competitive
service with or without pay for disciplinary purposes .
"Temporary Employee" An employee who is appointed to a non-regular position
for a limited period of time.
"Termination" The separation of an employee from the city service because of
retirement, resignation, death, or dismissal.
RULE II . - GENERAL PROVISIONS
SEC. 1 . Fair Employment Practices : Any technique or procedure used in the
recruitment and selection of employees shall be designed to measure only job
related .qualifications of applicants . No recruitment or selection technique
shall be used which, in the opinion of the City Manager, is not justifiably
linked to successful job performance. In accordance with Federal and State
laws, the City does not discriminate on the basis of handicapped status*,
race, creed, religion, gender . or , national origin.
SEC. ' 2 . 'Administration: The City Manager is hereby given the authority and
responsibility to .administer the provisions of these rules . :The City _
Manager may delegate his/her authority when deemed appropriate. - ; These rules w
shall .be ,interpreted by the City Manager .
RULE III . .. CLASSIFICATION PLAN
SEC. .1 : Adoption, : Amendment and Revision . of Plan ';,-The` classification :plan
shall ..be,,;.approved by..the City Council and may'.
ay be,amended from .time .,to .time i;?�._
:A`new.,position.shall not be :created and "•filled until 'ythe ,'classification
has been -amendedr"ao :provide therefor .. Upon :adoption by the; Council, ::by , : V 2t
resolution; . the. provisions .of' the classification plan ~shall ..be�,observed =in -y
the :handling .of all personnel . actions and activities
RULE IV ��APPLICATIONS AND APPLICANTS
SEC. .l . :. Announcement: All examinations for classes'- in -;'the -competitive F
service shall be ' publicized by such methods approved by?the'*City -Manager 'or f`
his/her designee. _ ..The announcements shall specify the title and pay of the =". s
class for which the examination is announced; the nature of the work to be
performed; preparation desirable for the performance of the work of the
class ; the manner of making application; and ,other pertinent information.
SEC. 2 . Application Forms : Applications shall be made as prescribed on
the examination announcement . Application forms shall require information
covering training, experience, and other pertinent information, and may -
include certificates from an examining physician, references and
fingerprints . All applications must be signed by the person applying.
SEC. 3 . Disqualification The City Manager , or designee, may reject any
application which indicates on its face that the applicant does not possess
the minimum qualifications required for the position .or is not properly
completed. Applications may be rejected if the application indicates facts
Page 2
that show that the applicant is physically or psychologically unable. to
perform the job applied for , and no reasonable accommodation can be made for
such disability; is addicted to the habitual excessive use of drugs or
intoxicating liquor ; has made any false statement of any material fact, or
practiced any deception or fraud in an application . Whenever an application
is rejected, notice of such rejection shall be mailed to the applicant .
RULE V. - EXAMINATIONS
SEC . 1 . Examination Process . The selection techniques used in the
examination process shall be impartial and relate to those subjects which,
in the opinion of the City Manager , fairly measure the relative capacities
of the persons examined to execute the duties and responsibilties of the
class to which they seek to be appointed . Examinations shall consist of
selection techniques which will test fairly the qualifications of candidates
such as , but not necessarily limited to, achievement and aptitude tests,
other written tests, personal interview, performance tests, physical agility
tests , evaluation of daily work performance, work sample, medical tests,
psychological tests, successful completion of prescribed training, or any
combination of these or other tests . The training period shall be
considered as a portion of the examination process . Examinations shall be
designed to provide equal opportunity to all candidates by being based on an
analysis of the essential requirements of the class, covering only factors
related to such requirement .
SEC. 2 . Qualifying Grade and Rating Examinations. In all examinations the
minimum grade or standing for which eligibility may be earned shall be based
upon all .factors in the examination, including educational requirements,
experience, and other qualifying elements as shown in the application of the
candidate or other verified information. Failure in one part of the
examination may be grounds for declaring the applicant as failing in 'the
entire examination, or as disqualified for subsequent 'parts of an
examination.
.SEC. 3 . Conduct of Examination. The City Council may contract with any
competent agency or individual for the preparing and/or administering of
examinations . In the absence of such a contract, the :City Manager shall -see
that such duties are performed. The City .Manager shall arrange for the :'use --
of buildings and equipment for the conduct of examinations .* i-
SEC. 4 . Notification of.•Examination Results and Reviewof -Paper := • `Eachn
candidate in an examination shall be given notice 'of ,.thee-results rthereof,"
and if successful, of the final earned score and/or ranks on .•the,-employment = J
list.. ' .5z
All Candidates, shall :have''.the right' to -inspect' their gown="test°answer Lsheet Ict
within five working' days •`after . the notifications _of :exami''nation.-result's.. ;
Any error in computation,' if• called to - the attention:,of it he" City,IMan«ger �S 1 =
within .this. period, ' shall; be. corrected. Such;.corrections' shall `not, t da : s '
however , = require -invalidation of ;appointments previously made
RULE VI . EMPLOYMENT EMPLOYMENT LISTS ``�ln +' �r°��� ? ''m ' ?;
SEC. 1 . Employment Lists . As -'soon as possible after::>the'. completion"'of an
examination, 'the City Manager . or designee shall prepare ;"and 'maintain "ari ` ' = = G
. employment list consisting of the names of candidates ?who :qualified in",the
examination.
:x: ,� - -.... _. .. .
SEC. • 2 . Duration of Lists ; Employment lists shall remain in effect until
exhausted or abolished by the City Manager . =t : . • _.
SEC. 3 . Removal of Names From List; The name of any -person appearing on an
employment list shall be removed by the City Manager . if >the eligible
requests in writing that the name be removed, or if the �eligihle fails to
respond to a notice of certification mailed to the last—designated address .
The person affected shall be notified of the removal of the name by a notice
mailed to the last known address .
Page 3
RULE VII . - METHOD OF FILLING VACANCIES
SEC. 1 . Types of Appointment : All vacancies shall be filled by transfer ,
promotion, demotion, reinstatement , existing eligible lists certified by
the City Manager , or , through competitive examination .
SEC. 2 . Placement From a Certified Employment List : If the City Manager or
his/her designee determines that the position cannot be filled through
transfer , promotion, demotion, or reinstatement , consideration shall be
given to any existing employment lists including those which are promotional
lists . The Department Head shall consider the candidates and recommend one
from the appropriate list unless he/she rejects in writing all candidates on
the list .
SEC. 3 . Selection of Method: The City Manager shall have the right to
decide whether to fill the vacancy by reinstatement, transfer , promotion,
demotion, appointment from a promotional employment list, or appointment
from an open employment list . At any time the appointing authority may
request the establishment of a new employment list .
SEC. 4 . Appointment : After interview and investigation, the appointing
authority shall be authorized to make appointments from among those
certified. The person accepting appointment shall report to the Department
Head or designated representative, for processing on or before the date of
appointment . If the applicant accepts the appointment and reports for duty
within such period of time as the appointing authority shall prescribe, the
applicant shall be deemed to be appointed; otherwise, the applicant shall be
deemed to have declined appointment . The appointment of all Department
Heads shall be subject to approval of the City Council .
SEC. 5 . Prohibition Against Hiring Relatives. No employee, 'prospective .
employee, or applicant shall be improperly denied employment or benefits of
employment on the basis _of marital status or relationship to another
employee or official -of the City. For the purpose of administration, a
relative shall be defined as a member of the immediate family.
Not withstanding the above provisions, the City retains the right :
(a) .'To refuse to place -.one party to a relationship under .- the direct - or-
'indirect supervision of the other party to a relationship..
(b) To 'refuse to place both parties to 'a relationship in �.the same - _
department,- division, or *facility where such has the ' potential''for
creating adverse impact on supervision, safety,: --,security,-"morale, or
involves potential conflicts of interest .
( c) To ...disqualify one party .to --a ':.relationship"for :ar position privy:•to -
confidential personnel:.,matters� :who has a relative;.already"):in the` ' =
. l
City's �employmerit when =the relationship may compromise ?confidential • =
information �: ' < < :, I—
RULE VIII : L.
-REINSTATEMENT,�-.:PRO MOT ION,;:DEMOTION.-AND , SUSP ENS ION _ x =�.•_ 'v :u .
Sec: -1 : Reinstatement i'. With the`.'.approval of the'..appoin'ting power,i a ; regular `
employee who has resigned -.with a good record may-be reinstated within two
years of the effective :date of resignation, to a vacant"position in the same
or a .comparable class.
SEC. - 2 . Promotion: Insofar as consistent with .the best- interests of the
service all vacancies .in the competitive service may be filled by promotion
from within the competitive service, after a promotional, examination has
been given and a promotional list established.
If, in the opinion of the City Manager, it is in the best interests of the
municipal service, a vacany in the position may be filled by an open-
competitive examination instead of promotional examination. Arrangements
shall then be made for an open-competitive examination and for the
preparation and certification of an open competitive employment list . ,
SEC. 3 . Demotion: The appointing power may demote an employee whose
ability to perform the required duties falls below standard, or for
disciplinary purposes .. ' ,Upon ,request of the employee, and with the consent
Page 4
of the appointing power , demotion may be made to a vacant position. No
employee shall be demoted to a position to which that employee does not
possess the minimum qualifications . Disciplinary demotion action shall be
in accordance with Rule IX hereof .
SEC. 4 . Suspension : The City Manager may suspend an employee from a
position at any time for a disciplinary purpose. Suspension without pay
shall not exceed thirty calendar days , nor shall any employee be penalized
by suspension for more than thirty calendar days in any fiscal year .
Intended suspension action shall be reported immediately to the City
Manager , and shall be taken in accordance with Rule IX hereof .
RULE IX . - DISCIPLINARY ACTION
SEC. 1 . Policy; Prior to the suspension, demotion, reduction in pay, or
discharge of a regular employee for disciplinary purposes, the procedure set
forth in this rule shall be complied with .
SEC. 2 . Written Notice : Written notice of the proposed disciplinary action
shall be given to the employee . Such notice shall include a statement of
the reason( s ) for the proposed action and the charge( s) being considered.
SEC. 3 . Employee Review: The employee shall be given an opportunity to
. review the documents or materials upon which the proposed disciplinary
action is based.
SEC. 4 . Employee Response: Within five ( 5 ) working days after the employee
has been notified, the employee shall have the right to respond, orally or
in writing, at the employee ' s option, to the Department Head concering the
proposed action.
SEC. 5 . Relief of Duty: : Not withstanding the provisions of this Rule, upon
the recommendation from a Department Head, the City Manager may approve the
temporary assignment . of an employee to a status of leave with pay -pending- :
the conduct of completion of such investigations or opportunity to respond..-
.as may be required to determine if disciplinary action is to be taken. -
SEC. 6 . Appeal ; Regular employees may appeal disciplinary actions to an' =
administrative hearing before the City Manager , by filing a written 'request.
with the City Manager within five (5 ) days of 'the imposition of the action.
The action taken by the City Manager shall be considered :final •^with the ;.; =
exception of -'cases involving the dismissal of a Department-�Head:- ;="This7er-- ?•,
action must .be approved by the City . Council .
SEC 7 . Causes for,-Acti on: Appropriate ;disciplinary .action 'may:`be;take-n .- '_,C' :ct:-.
causes;
for any'of .•the following
,.'.'a '�; "Incompet`ency '_inefficiency, or negligence .-in the performance?of
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b` Chronic physical or mental incapacity to perform the work of,'the ?
t Y position. t" i
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" c Insubordination '- :constituting a -breach of discipline.
d. Unauthorized absence' or abuse of leave privileges . Including r
exessive tardiness .
e . Acceptance of money, goods, services, or favors from anyone for t
the performance of ' any act which is required or . expected during
the performance or regular duties. - - .
f. Falsification of an employment application or of any City :•:.
records .
g . Use of employee ' s official position, or of the City ' s time,
facilities, equipment, or supplies for private gain or advantage.
Page 5
h . Disclosure of confidential information acquired by or available;--.-
to the employee in the course of employment , or the use of such
information for personal gain.
i . To participate in or facilitate wagering .
j . Reporting to work under the influence of drugs or intoxicants,
possessing or using drugs or intoxicants on City Premises, which
adversely impacts the employees job performance.
k . The act of engaging in sexual harassment in the workplace .
1 . Willful violation of the provisions of any local, county, state,
or federal law, or of these rules .
In a list of this type, it is impossible to foresee all of the various
conditions, situations, and actions which could be subject to disciplinary
action . Therefore, this list is not to be construed as preventing the City
from disciplining an employee for doing or failing to do something which
reasonably calls for discipline or discharge, although not specifically
listed herein .
RULE X . - EMPLOYEE ACTIVITIES
SEC. 1 . General Considerations : During the employee ' s work day, he/she is
expected to devote his/her full time in the performance of his/her assigned
duties as a city employee. An employee in the competitive service shall not
engage in any employment, activity or enterprise which is inconsistent,
incompatible or in conflict with his/her duties, functions or responsibil-
ities as a city employee, nor shall he/she engage in any outside activity
which will directly or indirectly contribute to the lessening of his/her
effectiveness as a city employee.
SEC. 2 . Determination of Inconsistent Activities: In making a
determination as to the consistency or inconsistency of outside activites,
the appointing authority shall consider , among other pertinent factors,
whether the actvity: -
a . involves receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of
an act which the employee, if not performing such act, would be
required or expected to render in the regular course or hours of
his/her city employment or as a part of his/her duties as a city
employee;
b. involves the performance of an act or work which may later be
directly or indirectly subject to the control, inspection, review,
audit or enforcement by such employee or his/her department; or
C. involves conditions or factors which would probably directly or
indirectly lessen the efficiency of the employee in his/her regular
city employment, or conditions in which there is a substantial danger
or injury or illness to the employee; or,
d. involves the use for private gain or advantage of City time,
facilities , equipment and supplies, prestige, influence, or
information of one ' s City office or employment ; or
e . involves the solicitation of future employment with a firm or
individual doing business with the City over which the employee has
some control or influence in his/her official capacity at the time of
the transaction .
SEC. 3 . Improper use of City Equipment Prohibited: No City-owned
equipment, instruments, tools , supplies, machine, badge, identification
cards, or other items which are the property of the City shall be used by an
employee except upon prior approval of the City Manager .
No employee shall allow any unauthorized person to rent, borrow or use any
City property unless upon prior approval of the City Manager .
Page 6
R,;:,E XI . - ANNIVERSARY DATE
Anniversary Date : Anniversary dates shall be set on the date of hire . When
an employee is promoted, the Anniversary date shall be changed to the
effective date of the promotion .
RULE XII . - EVALUATIONS
SEC. 1 . Written Performance Evaluation: Thereafter , all employees shall
receive a written performance evaluation six months following the date of
hire or promotion. Thereafter , within 30 days of each anniversary date a
written employee performance evaluation shall be completed. In addition, a
report may be prepared at any time, at the discretion of the employee ' s
supervisor .
SEC. 2 . Each performance evaluation shall be discussed with the employee to
point out areas of successful performance and those which require
improvement. The employee may comment regarding his/her work performance,
either in a written statement attached to the report or orally. The
employee shall sign the report which will signify that he/she is aware of
the contents . The employees signature does not imply that he/she agrees
with the contents of the report . The report shall also be signed by the
City Manager . In addition the employees direct supervisor shall sign the
evaluation as appropriate .
SEC. 3 . A copy of the report shall be provided to the employee and the
original will be placed in the employee ' s permanent file .
RULE XIII . - COMPENSATION AND BENEFITS
SEC. 1 . Compensation and Benefit Plan: A Compensation and Benefit Plan
covering all classes of positions in the service shall be prepared by the
City Manager or any person or agency which has been employed to complete
said .plan. The plan shall indicate the minimum and maximum rates of pay.
In addition, the benefit portion of the plan will define contributions by
the City for employee benefits . _
SEC. 2 . The City Manager shall submit the proposed Compensation and Benefit
Plan, or any amendments, to the City Council. The Council shall adopt the
proposed plan or any amendments by resolution. No position shall be assigned
a salary or receive benefit contributions beyond what is defined in the plan .
or any adopted amendments .
SEC. 3 . The City Manager shall thereafter make such further studies of the
Compensation and Benefit Plan as deemed appropriate, or as directed by the
City Council. Any adjustments must be adopted as outlined above: •- .
SEC. .4 . Overtime Compensation: It shall be the policy of the City to
conduct all business with a minimum amount of overtime.-'.' } Overtime shall not
be accrued under normal operating conditions and must .be' approved by -the
City Manager prior to commencement . When the following : onditions :exist, an :-z
employee shall be paid at the rate of one and 'one-half-.11"-1/.2 ) time's his/her
regular rate: r •. ;,
(A) When an employee is required to take minutes of a City Council-,
Planning Commission, or any other such meeting that may be approved by the
City Manager (The Deputy City Clerk shall be exempt from this clause) ; and
(B) The time spent taking such minutes shall be in excess of the'
employee ' s normal forty ( 40 ) hour week .
Also, the City Manager may grant the payment of overtime compensation for
eligible employees in instances under unusual circumstances, and only when
such payment is deemed by the City Manager to be in the best interests of
the City.
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SEC. 5 . Compensatory Time Off : At the discretion of the City Manager , an
employee may be granted Compensatory Time Off . The employee shall have
consistently worked in excess of normal working hours, excluding incidental
overtime, which is described as one ( 1 ) hour or less . Under this provision,
consideration will not be given to time worked where the employee received
overtime compensation, as provided for in Section 4 . Compensatory Time Off
shall only be granted for increments of eight ( 8 ) hours or less .
RULE XIV. - MERIT INCREASES
SEC. 1 . Merit Increases : All merit salary adjustments shall be based
entirely on employee performance .
a . As provided for in the salary and benefit plan, the City
Manager is authorized to assign salaries within a range,
which is adopted by the Council .
b. The employee ' s performance shall be reported on a form
designated by the City Manager . Where applicable this
evaluation shall also include input and observations from the
employee ' s Supervisor .
c. Any recommendation for a merit increase shall include a
written performance evaluation.
d. Based upon the performance evaluation, the City Manager may
authorize a merit salary adjustment, provided that adjustment
will not create a salary which is greater than the range
authorized by the Council . The amount of the adjustment shall
be based on the evaluation presented and any other factors
indicating the employee ' s work performance.
e. Merit increases shall be made effective on the first day of a
pay period.
RULE XV. - ATTENDANCE AND LEAVES
SEC. 1 . Work Hours : The usual working hours for City employees shall be
8 : 00 a.m, to 5 : 00 p.m. and a normal work week shall consist of forty ( 40 )
hours . Some departments may require a different work schedule which shall
be developed by the department head and approved by the City Manager . =
SEC. 2 . Holidays : The following days shall be deemed holidays and all -
full-time regular employees shall receive eight (8 ) hours of - compensation at
their regular hourly rate: =
a . New Year ' s Day January
b. Washington ' s Birthday Third Monday in .Febrbary
c. Memorial Day . Last Monday in May c, =
d. Independence Day July 4
Day :First Monday in September
e -..Labor Da _
f. ' Veteran ' s Day -:November •11 L --
g. Thanksgiving Day . Fourth Thursd ay' in November- '=
h. . Day following Thanksgiving Day following above
i . Christmas Day s December 25
SEC. 3 . Holidays Occuring on Weekend: In the event that a holiday falls on
a Saturday, the preceding Friday shall be a holiday. In the event a holiday
falls on a Sunday the following Monday shall be a holiday.
SEC. 4 . If an employee is required to work on a holiday, they will receive
eight ( 8 ) hours of time off "in lieu" of the designated holiday. This time
" in lieu" of a holiday must be used in the fiscal year in which it is
earned.
SEC. 5 . Attendance: Employees shall be in attendance at their work in
accordance with the rules regarding hours of work holidays, and leaves . All
departments shall keep daily attendance records in a manner which is
approved by the City Manager , or his designee, who may request the
presentation of such data at specific intervals .
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SEC. 6 . Failure on the part of an employee, absent without leave, to return
to duty within 24 hours after receipt of notice to return shall be cause for
immediate dismissal , and such employee automatically waives all rights under
the personnel ordinance and these rules . The depositing in the United
States mail of a first class letter , postage paid, addressed to the
employee ' s last known place of address , and a signed notice of receipt of
delivery shall be reasonable notice .
RULE XVI . - LEAVE
SEC. 1 . General Leave Purpose: A general leave plan shall be established
for all full-time employees in lieu of traditional vacation leave, sick
leave, bereavement leave, etc. General leave may be used for any leave
purpose, however , its use shall be governed by the following sections .
SEC. 2 . Categories : There shall be two categories of general leave as
outlined below:
A. Scheduled Leave : Any leave which one can reasonably forecast or
anticipate i . e . , vacation leave, scheduled medical/dental
appointments, "extended weekends, "- personal leave, etc.
B . Unscheduled Leave : Any leave that is genuinely of an
unanticipated nature i . e . , "sick leave, " bereavement leave, etc.
SEC. 3 . Use of Leave: Scheduled Leave requires the approval of the
employee ' s Department Head and City Manager . A request for scheduled leave
should be submitted on a form designated by the City Manager . The employee
shall be given due regard in selecting a convenient period to take scheduled
leave, provided it is not in direct conflict with the best interest of the
City. Every effort should be made to submit requests two weeks prior to the
requested leave.
The use of unscheduled leave shall be reported on a form and in a manner
designated by the City Manager . Inappropriate or excessive use of
unscheduled leave may be grounds for disciplinary action.
SEC. 4 . Accrual : Each full-time regular employees shall accrue 13 . 33 hours
of general leave for each month of service, with the exception of Department
Heads who shall accrue 14 . 66 hours per month of service."`-The accrual of
leave shall begin upon completion of the first full month of service. .
SEC. 5 . Maximum Accrual : :: No employee shall accrue more .-than 360 'hours of
general :leave. When an :employee ' s unused leave balance reaches -this limit_
all accrual of additional-general leave shall cease. == . _. .
:.: SEC: 6 . Leave .Advance ' ;''If during the first three months .of employment ''an . z
employee exhausts all ,;leave.';accrued, .the City Manager ,mayadvance an - -
employee „up to forty `(40 ) ; hours Hof general leave.", An '.advance �"shall '-only -be
t ; ` provided when .it is :.in the best interest, of the`-:City. and °:the 'following ?"
conditions :are':inet � '. t � ' � z
The .request.."is in •-writing, stating '-the reason 'for' the advance: - '=
b. The employee states the date of anticipated return.
Any leave which is advanced will be deducted from future -.accruals . If an
employee terminates employment prior to repayment of the advanced leave, the
cost shall be deducted from the final paycheck .
SEC. 7 . Compensation for General Leave at Termination: Any employee
separating from the City service who has accrued general leave shall be
entitled to terminal pay in lieu of such general leave. When separation is
caused by death of any employee, payment shall be made to the spouse or the
estate of such employee or , in applicable cases, as provided by the Probate
Code of the State. Terminal pay will be paid at the employee 's current
hourly rate at time of termination, for any unused general leave-.
SEC. 8 . Military Leave : Military Leave shall be granted in accordance with
the provisions of State law. All employees entitled to military leave under
this section shall give the appointing power an opportunity within the
limits of military regulations to determine when such leave shall be taken.
Page 9
SEC. 9 . Jury Duty: Every full-time employee eligible for leave benefits,
who is called or required to serve as a trial juror upon notification and
proper verification submitted to his/her department head, shall be entitled
to be absent from his/her duties with the City during the period of such
service or while necessarily being present in court as a result of such
call . The employee shall be required to reimburse' the City for any pay
received for jury duty, in exchange for receiving regular salary from the
City. Any amount which is paid to the employee as travel reimbursement
while on jury duty shall be retained by the employee.
SEC. 10 . Leave of Absence Without Pay: The City Manager , in his/her
unrestricted discretion, may grant a regular employee a leave of absence,
without pay, benefits, or seniority. Any leave of absence which is approved
shall not exceed 90 days . An extension of any leave of absence may be
granted upon approval of the City Council when it is in the best interest of
the City. In cases where a leave of absence without pay is requested due to
pregnancy, the length of leave granted and conditions under which it is
granted shall be made pursuant to State and Federal law.
A leave of absence requires that the employee make a written request
setting forth the reason for the request and the date the employee expects
to return to work . The approval of any leave of absence shall also be in
writing . Upon expiration of regularly approved leave, or within a
reasonable period of time after notice to return to duty, the employee shall
be reinstated in the position held at the time leave was granted. The
employee shall reimburse the City for the cost of any insurance policies
which cover the employee and/or dependents during the course of the leave .
Failure on the part of an employee on leave to return on duty promptly at
its expiration, or within a reasonable time after notice, shall be deemed to
be discharged. The depositing in the United States mail of a first class
letter, postage paid, addressed to the employee ' s last known place of
address,, shall be reasonable notice .
RULE XVII ; - SEPARATION FROM THE SERVICE
SEC. 1 . Dismissal : An employee in the competitive service may be dismissed
at any time by the appointing authority. Disciplinary dismissal action
shall be taken in accordance with Rule IX.
SEC. 2 . Resignation: An employee wishing to leave the competitive service
in good standing shall file with his/her department head 'a written
resignation stating the effective date and reasons for leaving. .. '- The
resignation should be filed two weeks prior to the effective date,,- unless
such time limit is waived by the department head. A statement- as to the -
resigned employee ' s service . performance, a copy of the resignation, - and -
other -pertinent information shall be _forwarded by the department ' to'..the City :
Manager '.-.* ,Failure to 'give'.:notice as . required by this rule,.shal.l .be.'.cause for
denying future. employment by . the :City. �, ,f, � :' -
RULE XVIII ADMINISTRATIVE REPORTS 'AND RECORDS
SEC.' 1 '' Personnel Records : The City Manager, or h is/her='designee ' sha11 -. =r
" maintain",a "service or`:personnel record for each employee = in'.the' service of >' '
the City. showing the name, title of position held, - department -.'to which : -, _:-
assigned, .:salary, changes in employment .status, and such other- information
as may be considered pertinent .
SEC. 2 . ' Personnel Action Report . Every appointment, transfer , promotion,
demotion, change of salary rate, or any other temporary or permanent change
in status of employees shall be reported to the City Manager in such manner
as he/she may prescribe .
Page 10
RULE XIX. - VIOLATIONS
SEC. 1 . Violation of Rules : Violations of the provisions of these rules
shall be grounds for rejection, suspension, demotion, dismissal , or other
disciplinary action.
PASSED, APPROVED AND ADOPTED this th day of ,
1984 .
AYES .
NOES .
ABSENT :
Mayor
ATTEST:
City Clerk
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